Accessing America’s Critical Minerals Act of 2021
Bill: H.R.2604 | Sponsor: Rep. Stauber, Pete (R-MN)
Policy area: Energy

Summary:
Accessing America's Critical Minerals Act of 2021
This bill establishes deadlines to complete the environmental review of critical mineral projects on federal land and sets forth related requirements to expedite the review of such projects under the National Environmental Policy Act of 1969 (NEPA).
If an environmental assessment or environmental impact statement is required for such project, then all necessary federal review and permit considerations must be completed within 18 or 24 months, respectively. However, the review may exceed the time limit if the project sponsor agrees.
The lead agency of the environmental review of such project must allow a state or local government, an Indian tribe, a project sponsor, or another appropriate entity to assume certain federal responsibilities regarding the environmental review of the project upon the request of such entity.
Further, the bill authorizes a lead agency to determine that the requirements of NEPA have been satisfied if a state or federal agency acting under state or federal law has addressed specified factors, such as the environmental impact of the action to be conducted under the permit. If the lead agency does not make such a determination, then the agency must enter into an agreement with the project sponsor to set time limits for each part of the permitting process.

To improve the permitting process for critical mineral projects, 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 ``Accessing America's Critical 
Minerals Act of 2021''.

SEC. 2. PERMITTING.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) critical minerals are fundamental to the economy, 
        competitiveness, and security of the United States;
            (2) to the maximum extent practicable, the critical mineral 
        needs of the United States should be satisfied by minerals, 
        elements, substances, and materials responsibly produced and 
        recycled in the United States; and
            (3) the current Federal permitting process is an impediment 
        to mineral production and the mineral security of the United 
        States.
    (b) Coordination on Permitting Process.--
            (1) In general.--The Secretary, in consultation with 
        appropriate Federal agencies, shall, to the maximum extent 
        practicable, with respect to the Federal permitting and review 
        process for critical mineral projects on Federal land--
                    (A) establish and adhere to timelines and schedules 
                for the consideration of, and final decisions 
                regarding, applications, operating plans, leases, 
                licenses, permits, and other use authorizations for 
                mineral-related activities on Federal land;
                    (B) establish clear, quantifiable, and temporal 
                permitting performance goals and tracking progress 
                against those goals;
                    (C) engage in early collaboration among agencies, 
                project sponsors, and affected stakeholders--
                            (i) to incorporate and address the 
                        interests of each such agency, sponsor, and 
                        stakeholder; and
                            (ii) to minimize delays;
                    (D) ensure transparency and accountability by using 
                cost-effective information technology to collect and 
                disseminate information regarding individual critical 
                mineral projects and agency performance;
                    (E) engage in early and active consultation with 
                State and local governments and Indian Tribes to avoid 
                conflicts or duplication of effort, resolve concerns, 
                and allow for concurrent, rather than sequential, 
                State, local, Tribal, and Federal environmental and 
                regulatory reviews;
                    (F) meet or exceed the performance metrics 
                contained in subsection (g);
                    (G) expand and institutionalize permitting and 
                review process improvements that have proven effective;
                    (H) develop mechanisms to better communicate 
                priorities and resolve disputes among agencies at the 
                national, regional, State, and local levels; and
                    (I) develop other practices to improve the 
                regulatory processes, such as preapplication 
                procedures.
            (2) Considerations.--In carrying out paragraph (1), the 
        lead agency shall consider deferring to, and relying on, 
        baseline data, analyses, and reviews performed by State 
        agencies with jurisdiction over the proposed critical mineral 
        project.
            (3) Memorandum of agreement.--The lead agency with respect 
        to a critical mineral project on Federal land, in consultation 
        with any other Federal agency with jurisdiction over such 
        project, shall, upon request of the project sponsor, a State or 
        local government, an Indian Tribe, or other entity such lead 
        agency determines appropriate, establish a memorandum of 
        agreement with the project sponsor, a State or local 
        government, an Indian Tribe, or another entity such lead agency 
        determines appropriate to carry out the activities described in 
        this subsection.
            (4) Time limit for permitting process.--Notwithstanding any 
        other provision of law, and except with agreement of the 
        project sponsor, the total period for all necessary Federal 
        reviews and permit consideration for a critical mineral project 
        on Federal land reasonably expected to produce critical 
        minerals may not exceed--
                    (A) with respect to a project that requires an 
                environmental assessment under section 102(2)(C) of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4331(2)(C)), 18 months; or
                    (B) with respect to a project that requires an 
                environmental impact statement under such section, 24 
                months.
    (c) Determination Under National Environmental Policy Act.--
            (1) In general.--To the extent that the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
        applies to the issuance of any mineral exploration or mine 
        permit relating to a critical mineral project, the lead agency 
        may deem the requirements of such Act satisfied if the lead 
        agency determines that a State or Federal agency acting under 
        State or Federal law has addressed the following factors:
                    (A) The environmental impact of the action to be 
                conducted under the permit.
                    (B) Possible alternatives to issuance of the 
                permit.
                    (C) The relationship between long- and short-term 
                uses of the local environment and the maintenance and 
                enhancement of long-term productivity.
                    (D) Any irreversible and irretrievable commitment 
                of resources that would be involved in the proposed 
                action.
            (2) Publication.--The lead agency shall publish a 
        determination under paragraph (1) not later than 90 days after 
        receipt of an application for the permit.
            (3) Verification.--The lead agency shall publish a 
        determination that the factors under paragraph (1) have been 
        sufficiently addressed and public participation has occurred 
        with regard to any authorizing actions before issuing any 
        mineral exploration or mine permit for a critical mineral 
        project.
    (d) Schedule for Permitting Process.--For any critical mineral 
project for which the lead agency cannot make the determination 
described in subsection (c), at the request of a project sponsor, 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 sponsor that sets time limits for each part 
of the permitting process, including--
            (1) the decision on whether to prepare an environmental 
        impact statement or similar analysis required under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.);
            (2) a determination of the scope of any environmental 
        impact statement or similar analysis required under such Act;
            (3) the scope of, and schedule for, the baseline studies 
        required to prepare an environmental impact statement or 
        similar analysis required under such Act;
            (4) preparation of any draft environmental impact statement 
        or similar analysis required under such Act;
            (5) preparation of a final environmental impact statement 
        or similar analysis required under such Act;
            (6) any consultations required under applicable law;
            (7) submission and review of any comments required under 
        applicable law;
            (8) publication of any public notices required under 
        applicable law; and
            (9) any final or interim decisions.
    (e) Addressing Public Comments.--As part of the review process of a 
critical mineral project under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), the lead agency may not 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) Review and Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary and the Secretary of Agriculture 
shall submit to Congress a report that--
            (1) identifies additional measures (including regulatory 
        and legislative proposals, as appropriate) that would increase 
        the timeliness of permitting activities for the exploration and 
        development of domestic critical minerals;
            (2) identifies options (including cost recovery paid by 
        permit applicants, as appropriate) for ensuring adequate 
        staffing and training of Federal entities and personnel 
        responsible for the consideration of applications, operating 
        plans, leases, licenses, permits, and other use authorizations 
        for critical mineral projects on Federal land;
            (3) quantifies the amount of time typically required 
        (including a range derived from minimum and maximum durations, 
        mean, median, variance, and any other statistical measure or 
        representation the Secretary and the Secretary of Agriculture 
        determine appropriate) to complete each step (including those 
        aspects outside the control of the executive branch, such as 
        judicial review, applicant decisions, or State and local 
        government involvement) associated with the development and 
        processing of applications, operating plans, leases, licenses, 
        permits, and other use authorizations for a mineral exploration 
        or mine permit for a critical mineral project; and
            (4) describes actions carried out pursuant to subsection 
        (b).
    (g) Performance Metric.--Not later than 90 days after the date of 
submission of the report under subsection (e), the Secretary and the 
Secretary of Agriculture, after providing public notice and an 
opportunity to comment, shall develop and publish a performance metric 
for evaluating the progress made by the executive branch to expedite 
the permitting of critical mineral projects.
    (h) Annual Reports.--Beginning with the first budget submission by 
the President under section 1105 of title 31, United States Code, after 
publication of the performance metric required under subsection (f), 
and annually thereafter, the Secretary and the Secretary of Agriculture 
shall jointly submit to Congress a report that--
            (1) summarizes the implementation of recommendations, 
        measures, and options identified in paragraphs (1) and (2) of 
        subsection (f);
            (2) using the performance metric under subsection (d), 
        describes progress made by the executive branch, as compared to 
        the baseline established pursuant to subsection (c)(3), on 
        expediting the permitting of activities that will increase 
        exploration for, and development of, domestic critical 
        minerals; and
            (3) compares the United States to other countries in terms 
        of permitting efficiency and any other criteria relevant to the 
        globally competitive critical minerals industry.
    (i) Individual Projects.--Using data from the Secretary of 
Agriculture and the Secretary generated under subsection (g), the 
Director of the Office of Management and Budget shall prioritize 
inclusion of individual critical mineral projects on the website 
operated by the Office of Management and Budget in accordance with 
section 1122 of title 31, United States Code.
    (j) Report of Small Business Administration.--Not later than 1 year 
and 300 days after the date of enactment of this Act, the Administrator 
of the Small Business Administration shall submit to the Committees on 
Small Business and Natural Resources of the House of Representatives 
and Small Business and Entrepreneurship and Energy and Natural 
Resources of the Senate a report that assesses the performance of 
Federal agencies with respect to--
            (1) complying with chapter 6 of title 5, United States 
        Code, in promulgating regulations applicable to the critical 
        minerals industry; and
            (2) performing an analysis of regulations applicable to the 
        critical minerals industry that may be outmoded, inefficient, 
        duplicative, or excessively burdensome.
    (k) Definitions.--In this section:
            (1) Byproduct.--The term ``byproduct'' has the meaning 
        given such term in section 7002 of the Consolidated 
        Appropriations Act, 2021 (Public Law 116-260).
            (2) Critical mineral.--The term ``critical mineral'' has 
        the meaning given such term in section 7002 of the Consolidated 
        Appropriations Act, 2021 (Public Law 116-260) except that such 
        term shall not exclude materials described in subsection 
        (a)(3)(B)(iii) of such section.
            (3) Critical mineral project.--The term ``critical mineral 
        project'' means a project--
                    (A) located on--
                            (i) a mining claim, millsite claim, or 
                        tunnel site claim for any locatable mineral;
                            (ii) lands open to mineral entry; or
                            (iii) a Federal mineral lease; and
                    (B) for the purpose of producing a critical 
                mineral, including--
                            (i) as a byproduct, or a product of a host 
                        mineral, or from tailings; or
                            (ii) through an exploration project with 
                        respect to which the presence of a byproduct is 
                        a reasonable expectation, based on known 
                        mineral companionality, geologic formation, 
                        mineralogy, or other factors.
            (4) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands; and
                    (G) the United States Virgin Islands.
            (7) Lead agency.--The term ``lead agency'' means the agency 
        with primary responsibility for issuing a mineral exploration 
        or mine permit for a project.
            (8) Mineral exploration or mine permit.--The term ``mineral 
        exploration or mine permit'' means--
                    (A) an authorization of the Bureau of Land 
                Management or the Forest Service, as applicable, for a 
                premining activity that requires analysis under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.);
                    (B) a plan of operations issued by the Bureau of 
                Land Management or the Forest Service; and
                    (C) a permit for a project located in an area for 
                which a hardrock mineral permit or lease is available.
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