Title: Permitting for Mining Needs Act of 2022
Policy area: Energy

Summary:
Permitting for Mining Needs Act of 2022
This bill expedites the review of mining projects on federal lands and limits judicial review of mining projects.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8928 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8928

 To improve the permitting process for mining on Federal land, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2022

 Mr. Stauber (for himself and Mr. Westerman) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
     addition to the Committee on Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To improve the permitting process for mining on Federal land, 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 ``Permitting for Mining Needs Act of 
2022''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of the Interior.
            (2) 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.
            (3) Lead agency.--The term ``lead agency'' means the agency 
        with primary responsibility for issuing a mineral exploration 
        or mine permit for a project.

SEC. 3. MINERALS SUPPLY CHAIN AND RELIABILITY.

    Section 40206 of the Infrastructure Investment and Jobs Act (30 
U.S.C. 1607) is amended--
            (1) in the section heading, by striking ``Critical 
        minerals'' and inserting ``Minerals'';
            (2) in subsection (a)--
                    (A) in the heading by striking ``Definition of 
                Critical Mineral'' and inserting ``Definitions'';
                    (B) by striking ``section,'' and inserting 
                ``section:'';
                    (C) by striking ``the term `critical mineral' has 
                the meaning given the term in section 7002(a) of the 
                Energy Act of 2020 (30 U.S.C. 1606(a))'' and inserting 
                the following:
            ``(1) Mineral.--The term `mineral' means any mineral of a 
        kind that is locatable (including such minerals located on 
        lands acquired by the United States, as such term is defined in 
        section 102 of the Mineral Leasing Act for Acquired Lands) 
        under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91).''; 
        and
                    (D) by adding at the end the following:
            ``(2) 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 
                exploration for minerals that requires analysis under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.);
                    ``(B) a plan of operations for a mineral project 
                approved by the Bureau of Land Management or the Forest 
                Service; or
                    ``(C) any other permit or authorization for a 
                mineral project.
            ``(3) Mineral project.--The term `mineral project' means a 
        project--
                    ``(A) located on--
                            ``(i) a mining claim, millsite claim, or 
                        tunnel site claim for any mineral;
                            ``(ii) lands open to mineral entry; or
                            ``(iii) a Federal mineral lease; and
                    ``(B) for the purposes of exploring for or 
                producing minerals.
            ``(4) Lead agency.--The term `lead agency' means the 
        Federal agency with primary responsibility for issuing a 
        mineral exploration or mine permit for a mineral project.'';
            (3) in subsection (b), by striking ``critical'' each place 
        it appears;
            (4) in subsection (c)--
                    (A) by striking ``critical mineral production on 
                Federal land'' and inserting ``mineral projects'';
                    (B) by inserting ``, and in accordance with 
                subsection (h)'' after ``to the maximum extent 
                practicable'';
                    (C) by striking ``shall complete the'' and 
                inserting ``shall complete such'';
                    (D) in paragraph (1), by striking ``critical 
                mineral-related activities on Federal land'' and 
                inserting ``mineral projects'';
                    (E) in paragraph (8), by striking the ``and'' at 
                the end;
                    (F) in paragraph (9), by striking ``procedures.'' 
                and inserting ``procedures; and''; and
                    (G) by adding at the end the following:
            ``(10) deferring to and relying on baseline data, analyses, 
        and reviews performed by State agencies with jurisdiction over 
        the environmental or reclamation permits for the proposed 
        mineral project.'';
            (5) in subsection (d)--
                    (A) by striking ``critical'' each place it appears; 
                and
                    (B) in paragraph (3), by striking ``mineral-related 
                activities on Federal land'' and inserting ``mineral 
                projects'';
            (6) in subsection (e), by striking ``critical'';
            (7) in subsection (f), by striking ``critical'' each place 
        it appears;
            (8) in subsection (g), by striking ``critical'' each place 
        it appears; and
            (9) by adding at the end the following:
    ``(h) Other Requirements.--
            ``(1) Memorandum of agreement.--For purposes of maximizing 
        efficiency and effectiveness of the Federal permitting and 
        review processes described under subsection (c), the lead 
        agency in the Federal permitting and review processes of a 
        mineral project shall (in consultation with any other Federal 
        agency involved in such Federal permitting and review 
        processes, and upon request of the project applicant, an 
        affected State government, local government, or an Indian 
        Tribe, or other entity such lead agency determines appropriate) 
        enter into a memorandum of agreement to carry out the 
        activities described in subsection (c).
            ``(2) Timelines and schedules for nepa reviews.--
                    ``(A) Deadlines.--Any timelines or schedules 
                established under subsection (c)(1) relating to a 
                review under section 102(2)(C) of the National 
                Environmental Policy Act of 1969 shall require that the 
                review process not exceed--
                            ``(i) 18 months for an environmental 
                        assessment; and
                            ``(ii) 24 months for an environmental 
                        impact statement.
                    ``(B) Extension.--A project applicant may enter 
                into 1 or more agreements with a lead agency to extend 
                the deadlines described in clauses (i) and (ii) of 
                subparagraph (A) by, with respect to each such 
                agreement, not more than 6 months.
                    ``(C) Adjustment of timelines.--At the request of a 
                project applicant, the lead agency and any other entity 
                which is a signatory to a memorandum of agreement under 
                paragraph (1) may, by unanimous agreement, adjust--
                            ``(i) any deadlines described in 
                        subparagraph (A); and
                            ``(ii) any deadlines extended under 
                        subparagraph (B).
            ``(3) Effect on pending applications.--Upon a written 
        request by a project applicant, the requirements of this 
        subsection shall apply to any application for a mineral 
        exploration or mine permit that was submitted before the date 
        of enactment of the Permitting for Mining Needs Act of 2022.''.

SEC. 4. LIMITATION ON JUDICIAL REVIEW.

    (a) In General.--Notwithstanding any other provision of law, a 
claim arising under Federal law seeking judicial review of a permit, 
license, or approval issued by a Federal lead agency for a mining 
project shall be barred unless it is filed not later than 1 year after 
the permit, license, or approval is final pursuant to the law under 
which the agency action is taken, unless a shorter time is specified in 
the Federal law pursuant to which judicial review is allowed.
    (b) Savings Clause.--Nothing in this section shall create a right 
to judicial review or place any limit on filing a claim that a person 
has violated the terms of a permit, license, or approval.

SEC. 5. FEDERAL REGISTER PROCESS IMPROVEMENT.

    Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is 
amended--
            (1) in paragraph (2), by striking ``critical'' both places 
        such term appears; and
            (2) by striking paragraph (4).

SEC. 6. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-11 
              FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.

    (a) In General.--Except as provided by subsection (c), an action 
described in subsection (b) shall be--
            (1) treated as a covered project, as defined in section 
        41001(6) of the Fixing America's Surface Transportation Act (42 
        U.S.C. 4370m(6)), without regard to the requirements of that 
        section; and
            (2) included in the Permitting Dashboard maintained 
        pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
        2(b)).
    (b) Actions Described.--An action described in this subsection is 
an action taken by the Secretary of Defense pursuant to Presidential 
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions 
under section 303 of the Defense Production Act of 1950) to create, 
maintain, protect, expand, or restore sustainable and responsible 
domestic production capabilities through--
            (1) supporting feasibility studies for mature mining, 
        beneficiation, and value-added processing projects;
            (2) by-product and co-product production at existing 
        mining, mine waste reclamation, and other industrial 
        facilities;
            (3) modernization of mining, beneficiation, and value-added 
        processing to increase productivity, environmental 
        sustainability, and workforce safety; or
            (4) any other activity authorized under section 14 
        303(a)(1) of the Defense Production Act of 1950 15 (50 U.S.C. 
        4533(a)(1)).
    (c) Exception.--An action described in subsection (b) may not be 
treated as a covered project or be included in the Permitting Dashboard 
under subsection (a) if the project sponsor (as defined in section 
41001(18) of the Fixing America's Surface Transportation Act (42 U.S.C. 
21 4370m(18))) requests that the action not be treated as a covered 
project.

SEC. 7. MINERAL EXPLORATION ACTIVITIES WITH LIMITED SURFACE 
              DISTURBANCE.

    Notwithstanding any other provision of law, the Secretary, with 
respect to lands administered by the Secretary, and the Secretary of 
Agriculture with respect to National Forest System lands, shall allow 
mineral exploration activities other than casual use to proceed after 
receiving a notice in such time, place, and manner as the applicable 
Secretary determines appropriate, describing the exploration activities 
and subsequent reclamation activities if--
            (1) the surface disturbance on Federal land will not exceed 
        5 acres;
            (2) the Secretary determines that the notice is complete; 
        and
            (3) the exploration activities are not on Federal land that 
        has been previously reclaimed.

SEC. 8. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.

    Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 
U.S.C. 28f) is amended by adding at the end the following:
    ``(e) Security of Tenure.--
            ``(1) In general.--A claimant shall have the right to use 
        and occupy public land, before and after the discovery of a 
        valuable mineral deposit, in order to prospect, mine, conduct 
        processing operations, or carry out other activities reasonably 
        incident to such activities if--
                    ``(A) such claimant makes a timely payment of the 
                location fee required by section 10102(g) and the claim 
                maintenance fee required by subsection (a); or
                    ``(B) in the case of a claimant who qualifies for a 
                waiver under subsection (d), such claimant makes a 
                timely payment of the location fee and complies with 
                the required assessment work under the general mining 
                laws.
            ``(2) Fulfillment of federal land policy and management 
        act.--A claimant that fulfills the requirements of this section 
        and section 10102(g) shall be deemed to satisfy the 
        requirements of any provision of the Federal Land Policy and 
        Management Act that requires the payment of fair market value 
        to the United States for use of public lands and resources 
        relating to use of such lands and resources authorized by the 
        general mining laws.
            ``(3) Savings clause.--Nothing in this subsection may be 
        construed to diminish--
                    ``(A) the rights of entry, use, and occupancy of a 
                claimant under the general mining laws; or
                    ``(B) the rights of a claimant under the general 
                mining laws.''.
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