National Strategic and Critical Minerals Production Act of 2021
Bill: H.R.3240 | Sponsor: Rep. Amodei, Mark E. (R-NV)
Policy area: Energy

Summary:
National Strategic and Critical Minerals Production Act of 2021
This bill sets forth environmental review requirements for the mine permitting process and limits the review to 30 months.
Under the bill, projects that provide minerals vital to job creation, energy infrastructure, coastal resilience and restoration, economic competitiveness, and national security must be considered to be infrastructure projects as described in Executive Order 13807, titled Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects and dated August 15, 2017.	This order directed agencies to ensure that the environmental review and permitting process for infrastructure is coordinated, predictable, and transparent.
The Bureau of Land Management (BLM)	or the Forest Service must appoint a project lead for the mine permitting process to coordinate with other agencies to ensure that the agencies minimize delays, set and adhere to timelines for completion of the permitting process, set clear permitting goals, and track progress against goals. The project lead must also determine the amount of financial assurance required for reclamation of a mineral exploration or mining site.
The bill considers the requirements of the National Environmental Policy Act of 1969	to be satisfied if the BLM or the Forest Service determines that the agency issuing the permit will address specified factors, such as environmental impacts of the permit or alternatives to issuance of the permit.
Additionally, the bill exempts projects on National Forest System land from regulations that prohibit timber tree cutting and road construction in areas without roads.

To require the Secretary of the Interior and the Secretary of 
    Agriculture to more efficiently develop domestic sources of the 
minerals and mineral materials of strategic and critical importance to 
the economic and national security and manufacturing competitiveness of 
               the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Strategic and Critical 
Minerals Production Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The industrialization of developing nations has driven 
        demand for nonfuel minerals necessary for telecommunications, 
        military technologies, healthcare technologies, and 
        conventional and renewable energy technologies.
            (2) The availability of minerals and mineral materials are 
        essential for economic growth, national security, technological 
        innovation, and the manufacturing and agricultural supply 
        chain.
            (3) Minerals and mineral materials are critical components 
        of every transportation, water, telecommunications, and energy 
        infrastructure project necessary to modernize the crumbling 
        infrastructure of the United States.
            (4) The exploration, production, processing, use, and 
        recycling of minerals contribute significantly to the economic 
        well-being, security, and general welfare of the United States.
            (5) Constraints on mineral supply chains are expected to 
        grow globally due to increased demand, leading to higher costs 
        of raw materials necessary for innovative technologies to 
        combat climate change.
            (6) China currently controls the majority of worldwide 
        production of certain minerals, including--
                    (A) rare earth minerals;
                    (B) graphite and graphene;
                    (C) lithium; and
                    (D) vanadium.
            (7) Domestic mineral production must grow to allow the 
        United States to fulfill its national security, healthcare, 
        infrastructure, energy, manufacturing, agricultural, and 
        environmental needs.
            (8) In order to ensure the United States remains 
        economically competitive, domestic production of minerals and 
        mineral materials must be prioritized and bolstered through 
        reducing existing constraints on mineral access.
            (9) As of 2020, the United States is entirely import 
        dependent for 17 key mineral resources, and more than 50 
        percent import dependent for an additional 29 mineral 
        commodities. United States mineral import reliance has nearly 
        doubled over the past 20 years.
            (10) The United States permitting process--which takes on 
        average 7 to 10 years or more--is one of the principal barriers 
        to the domestic mining sector's ability to ensure robust 
        mineral supply chains and creates a competitive disadvantage in 
        attracting investment for mineral development.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' means--
                    (A) any agency, department, or other unit of 
                Federal, State, local, or tribal government; or
                    (B) an Alaska Native Corporation.
            (2) Alaska native corporation.--The term ``Alaska Native 
        Corporation'' has the meaning given the term ``Native 
        Corporation'' in section 3 of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602).
            (3) Lead agency.--The term ``lead agency'' means the agency 
        with primary responsibility for issuing a mineral exploration 
        or mine permit for a project.
            (4) Mineral exploration or mine permit.--The term ``mineral 
        exploration or mine permit'' includes--
                    (A) an authorization of the Bureau of Land 
                Management or the Forest Service, as applicable, for 
                premining activities that requires an environmental 
                impact statement or similar analysis under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.);
                    (B) a plan of operations issued by--
                            (i) the Bureau of Land Management under 
                        subpart 3809 of part 3800 of title 43, Code of 
                        Federal Regulations (or successor regulations); 
                        or
                            (ii) the Forest Service under subpart A of 
                        part 228 of title 36, Code of Federal 
                        Regulations (or successor regulations); and
                    (C) a permit issued under an authority described in 
                section 3503.13 of title 43, Code of Federal 
                Regulations (or successor regulations).
            (5) Project.--The term ``project'' means a project for 
        which the issuance of a permit is required to conduct 
        activities for, relating to, or incidental to mineral 
        exploration, mining, beneficiation, processing, or reclamation 
        activities--
                    (A) on a mining claim, millsite claim, or tunnel 
                site claim for any locatable mineral; or
                    (B) relating to a Federal mineral lease leased 
                under--
                            (i) the Mineral Leasing Act for Acquired 
                        Lands (30 U.S.C. 351 et seq.); or
                            (ii) section 402 of Reorganization Plan 
                        Numbered 3 of 1946 (5 U.S.C. App.).

SEC. 4. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.

    (a) Definition of Strategic and Critical Minerals.--In this 
section, the term ``strategic and critical minerals'' means minerals 
that are necessary--
            (1) for the national defense and national security 
        requirements;
            (2) for the energy infrastructure of the United States, 
        including--
                    (A) pipelines;
                    (B) refining capacity;
                    (C) electrical power generation and transmission; 
                and
                    (D) renewable energy production;
            (3) for community resiliency, coastal restoration, and 
        ecological sustainability for the coastal United States;
            (4) to support domestic manufacturing, agriculture, 
        housing, telecommunications, healthcare, and transportation 
        infrastructure; or
            (5) for the economic security of, and balance of trade in, 
        the United States.
    (b) Consideration of Certain Domestic Mines as Infrastructure 
Projects.--A domestic mine that, as determined by the lead agency, will 
provide strategic and critical minerals shall be considered to be an 
infrastructure project for the purposes of Executive Order 13807 (42 
U.S.C. 4370m note, relating to Establishing Discipline and 
Accountability in the Environmental Review and Permitting Process for 
Infrastructure Projects).

SEC. 5. RESPONSIBILITIES OF THE LEAD AGENCY.

    (a) In General.--The lead agency shall appoint a project lead 
within the lead agency, who shall coordinate and consult with 
cooperating agencies and any other agencies involved in the permitting 
process, project proponents, and contractors to ensure that cooperating 
agencies and other agencies involved in the permitting process, project 
proponents, and contractors--
            (1) minimize delays;
            (2) set and adhere to timelines and schedules for 
        completion of the permitting process;
            (3) set clear permitting goals; and
            (4) track progress against those goals.
    (b) Determination Under the National Environmental Policy Act of 
1969.--
            (1) In general.--To the extent that section 102(2)(C) of 
        the National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)) applies to the issuance of any mineral exploration 
        or mine permit, the requirements of such section shall be 
        deemed satisfied if the lead agency determines that a State or 
        Federal agency acting under State or Federal law has addressed 
        or will address the following factors:
                    (A) The environmental impact of the action to be 
                conducted under the permit.
                    (B) Possible adverse environmental effects of 
                actions under the permit.
                    (C) Possible alternatives to issuance of the 
                permit.
                    (D) The relationship between long- and short-term 
                uses of the local environment and the maintenance and 
                enhancement of long-term productivity.
                    (E) Any irreversible and irretrievable commitment 
                of resources that would be involved in the proposed 
                action.
                    (F) The ability of the public to participate during 
                the decision-making process for authorizing actions 
                under the permit.
            (2) Written requirement.--In making a determination under 
        paragraph (1), not later than 90 days after receipt of an 
        application for the permit, the lead agency, in a written 
        record of decision, shall--
                    (A) explain the rationale used in reaching the 
                determination; and
                    (B) state the facts in the record that are the 
                basis for the determination.
    (c) Coordination on Permitting Process.--
            (1) In general.--The lead agency shall enhance government 
        coordination for the permitting process by--
                    (A) avoiding duplicative reviews;
                    (B) minimizing paperwork; and
                    (C) engaging other agencies and stakeholders early 
                in the process.
            (2) Considerations.--In carrying out paragraph (1), the 
        lead agency shall consider--
                    (A) deferring to, and relying on, baseline data, 
                analyses, and reviews performed by State agencies with 
                jurisdiction over the proposed project; and
                    (B) to the maximum extent practicable, conducting 
                any consultations or reviews concurrently rather than 
                sequentially if concurrent consultation or review would 
                expedite the process.
            (3) Memorandum of agency agreement.--At the request of a 
        State or local planning agency, the lead agency, in 
        consultation with other Federal agencies with relevant 
        jurisdiction in the environmental review process, may establish 
        memoranda of agreement with the project sponsor, State and 
        local governments, and other appropriate entities to accomplish 
        the coordination activities described in this subsection.
    (d) Schedule for Permitting Process.--
            (1) In general.--For any project for which the requirements 
        of section 102(2)(C) of the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4332(2)(C)) are not deemed satisfied by the 
        lead agency under subsection (b), at the request of a project 
        proponent, the lead agency, cooperating agencies, and any other 
        agencies involved with the mineral exploration or mine 
        permitting process shall enter into an agreement with the 
        project proponent that sets time limits for each part of the 
        permitting process, including--
                    (A) the decision on whether to prepare an 
                environmental impact statement or similar analysis 
                required under section 102(2)(C) of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4332(2)(C));
                    (B) a determination of the scope of any 
                environmental impact statement or similar analysis 
                required under such section;
                    (C) the scope of, and schedule for, the baseline 
                studies required to prepare an environmental impact 
                statement or similar analysis required under such 
                section;
                    (D) preparation of any draft environmental impact 
                statement or similar analysis required under such 
                section;
                    (E) preparation of a final environmental impact 
                statement or similar analysis required under such 
                section;
                    (F) any consultations required under applicable 
                law;
                    (G) submission and review of any comments required 
                under applicable law;
                    (H) publication of any public notices required 
                under applicable law; and
                    (I) any final or interim decisions relating to such 
                project.
            (2) Time limit for permitting process.--Except if extended 
        by mutual agreement of the project proponent and the lead 
        agency, the time period for the total review process described 
        in paragraph (1) may not exceed 30 months.
    (e) Limitation on Addressing Public Comments.--The lead agency is 
not required to address any agency or public comments that were not 
submitted--
            (1) during a public comment period or consultation period 
        provided during the permitting process; or
            (2) as otherwise required by law.
    (f) Financial Assurance.--Notwithstanding any other provision of 
law, the lead agency shall determine the amount of financial assurance 
required for reclamation of a mineral exploration or mining site. Such 
amount shall be sufficient to cover the estimated cost of contracting 
with a third party to reclaim the operations according to the 
reclamation plan, including construction and maintenance costs for any 
treatment facilities necessary to meet Federal, State, and Tribal 
environmental standards.
    (g) Projects Within National Forests.--With respect to projects on 
National Forest System land (as defined in section 11(a) of the Forest 
and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
1609(a))) the lead agency shall--
            (1) exempt from the requirements of part 294 of title 36, 
        Code of Federal Regulations (or successor regulations)--
                    (A) all areas of identified mineral resources in 
                land use designations, other than nondevelopment land 
                use designations, in existence on the date of enactment 
                of this Act; and
                    (B) all additional routes or areas that the lead 
                agency determines necessary to facilitate the 
                construction, operation, maintenance, and restoration 
                of an area described in subparagraph (A); and
            (2) continue to apply the exemptions described in paragraph 
        (1) after the date on which approval of the minerals plan of 
        operations described in section 3(4)(B)(ii) for the National 
        Forest System land.
    (h) Application to Existing Permit Applications.--
            (1) In general.--Upon written request by an applicant to 
        the lead agency, this section shall apply to a mineral 
        exploration or mine permit for which an application was 
        submitted before the date of enactment of this Act.
            (2) Implementation.--This section applies to a request for 
        a mineral exploration or mine permit submitted on a date that 
        is not less than 30 days after the date of enactment of this 
        Act.

SEC. 6. SECRETARIAL ORDER NOT AFFECTED.

    This Act shall not apply to any mineral described in Secretarial 
Order 3324, issued by the Secretary of the Interior on December 3, 
2012, in any area to which the order applies.
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