National Strategic and Critical Minerals Production Act of 2013

Bill: 113-hr-761
Sponsor: Rep. Amodei, Mark E. [R-NV-2]
Introduced: 2013-02-15 in the House
Policy area: Public Lands and Natural Resources
Subjects: Administrative law and regulatory procedures
Administrative remedies
Civil actions and liability
Environmental assessment, monitoring, research
Forests, forestry, trees
Government information and archives
Judicial review and appeals
Land use and conservation
Legal fees and court costs
Licensing and registrations
Metals
Mining
Strategic materials and reserves

Summary:
action_date: 2013-02-15
text: 
National Strategic and Critical Minerals Production Act of 2013 - Deems a domestic mine that will provide strategic and critical minerals to be an &quot;infrastructure project&quot; as described in Presidential Order &quot;Improving Performance of Federal Permitting and Review of Infrastructure Projects&quot; dated March 22, 2012.
 
 Sets forth the responsibilities of the lead agency (federal, state, local, tribal, or Alaska Native Corporation) with responsibility for issuing a mineral exploration or mine permit with respect to project coordination, agency consultation, project proponents, contractors, and the status and scope of any environmental impact statement.
 
Requires the lead agency to determine that any such action would not constitute a major federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (NEPA) if the procedural and substantive safeguards of the lead agency's permitting process alone, any applicable state permitting process alone, or a combination of the two processes together provide an adequate mechanism to ensure that environmental factors are taken into account.
 
 Requires the lead agency's project lead, at a project proponent's request, to enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permit review process.
 
Applies this Act to a mineral exploration or mine permit for which an application was submitted before enactment of this Act if the applicant so requests in writing. Requires the lead agency to begin implementing this Act with respect to such application within 30 days after receiving such a request.
 
Requires the lead agency, with respect to strategic and critical materials within a federally administered unit of the National Forest System, to: (1) exempt from federal regulations governing Special Areas all areas of identified mineral resources in Land Use Designations (other than Non-Development Land Use Designations); (2) apply such exemption to all additional routes and areas that the agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of the identified mineral resources; and (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit. 
 
 Declares the priority of the lead agency is to maximize mineral resource development while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place.
 
Prescribes the Federal Register notice process for mineral exploration and mining projects.
 
Authorizes the holder of a mineral exploration or mine permit to intervene as of right in any covered civil action by a person affecting rights or obligations of the permit holder under the permit.
 
 Bars a civil action claiming legal wrong caused by an agency action unless it is filed by the end of the 60-day period beginning on the date of the final federal agency action to which it relates.
 
 Requires the court to hear and determine any covered civil action as expeditiously as possible.
 
 Prohibits the court, in a covered civil action, from granting or approving prospective relief unless it finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct such violation.
 
Declares inapplicable to such a civil action specified requirements of the Equal Access to Justice Act relating to award of costs and fees to a prevailing plaintiff.
 
Prohibits payment from the federal government for court costs of a party in such a civil action, including attorneys' fees and expenses.

action_date: 2013-07-08
text: 
National Strategic and Critical Minerals Production Act of 2013 - 
Title I: Development of Domestic Sources of Strategic and Critical Minerals 
- (Sec. 101) Deems a domestic mine that will provide strategic and critical minerals to be an &quot;infrastructure project&quot; as described in Presidential Order &quot;Improving Performance of Federal Permitting and Review of Infrastructure Projects&quot; dated March 22, 2012.
 
 (Sec. 102) Sets forth the responsibilities of the lead agency (federal, state, local, tribal, or Alaska Native Corporation) with responsibility for issuing a mineral exploration or mine permit with respect to project coordination, agency consultation, project proponents, contractors, and the status and scope of any environmental impact statement.
 
Requires the lead agency to determine that any action to approve an exploration or mine permit does not constitute a major federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (NEPA) if the procedural and substantive safeguards of the lead agency's permitting process alone, any applicable state permitting process alone, or a combination of the two processes together provide an adequate mechanism to ensure that environmental factors are taken into account.
 
 Requires the lead agency's project lead, upon request of a project proponent, to enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permitting process.
 
Applies this Act to a mineral exploration or mine permit for which an application was submitted before enactment of this Act if the applicant so requests in writing. Requires the lead agency to begin implementing this Act with respect to such application within 30 days after receiving such request.
 
Requires the lead agency, with respect to strategic and critical minerals within a federally administered unit of the National Forest System, to: (1) exempt from federal regulations governing Special Areas all areas of identified mineral resources in Land Use Designations (other than Non-Development Land Use Designations); (2) apply such exemption to all additional routes and areas that the agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of the identified mineral resources; and (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit. 
 
 (Sec. 103) Declares that the priority of the lead agency is to maximize mineral resource development while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place.
 
(Sec. 104) Prescribes the Federal Register notice process for mineral exploration and mining projects.
 

Title II: Judicial Review of Agency Actions Relating to Exploration and Mine Permits
 - (Sec. 202) Bars a civil action claiming legal wrong caused by an agency action unless it is filed by the end of the 60-day period beginning on the date of the final federal agency action to which it relates.
 
(Sec. 203) Authorizes the holder of a mineral exploration or mine permit to intervene as of right in any covered civil action by a person affecting rights or obligations of the permit holder under the permit.
 
 (Sec. 204) Requires the court to hear and determine any covered civil action as expeditiously as possible.
 
 (Sec. 205) Prohibits the court, in a covered civil action, from granting or approving prospective relief unless it finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct such violation.
 
(Sec. 206) Declares inapplicable to such civil action specified requirements of the Equal Access to Justice Act relating to award of costs and fees to a prevailing plaintiff.
 
Prohibits payment from the federal government for court costs of a party in such a civil action, including attorneys' fees and expenses.

action_date: 2013-09-18
text: 
National Strategic and Critical Minerals Production Act of 2013 - 
Title I: Development of Domestic Sources of Strategic and Critical Minerals 
- (Sec. 101) Deems a domestic mine that will provide strategic and critical minerals to be an &quot;infrastructure project&quot; as described in Presidential Order &quot;Improving Performance of Federal Permitting and Review of Infrastructure Projects&quot; dated March 22, 2012.
 
 (Sec. 102) Sets forth the responsibilities of the lead agency (federal, state, local, tribal, or Alaska Native Corporation) with responsibility for issuing a mineral exploration or mine permit with respect to project coordination, agency consultation, project proponents, contractors, and the status and scope of any environmental impact statement.
 
Requires the lead agency to determine that any action to approve an exploration or mine permit does not constitute a major federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (NEPA) if the procedural and substantive safeguards of the lead agency's permitting process alone, any applicable state permitting process alone, or a combination of the two processes together provide an adequate mechanism to ensure that environmental factors are taken into account.
 
 Requires the lead agency's project lead, upon request of a project proponent, to enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permitting process.
 
Applies this Act to a mineral exploration or mine permit for which an application was submitted before enactment of this Act if the applicant so requests in writing. Requires the lead agency to begin implementing this Act with respect to such application within 30 days after receiving such request.
 
Requires the lead agency, with respect to strategic and critical minerals within a federally administered unit of the National Forest System, to: (1) exempt from federal regulations governing Special Areas all areas of identified mineral resources in Land Use Designations (other than Non-Development Land Use Designations); (2) apply such exemption to all additional routes and areas that the agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of the identified mineral resources; and (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit. 
 
 (Sec. 103) Declares that the priority of the lead agency is to maximize mineral resource development while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place.
 
(Sec. 104) Prescribes the Federal Register notice process for mineral exploration and mining projects.
 

Title II: Judicial Review of Agency Actions Relating to Exploration and Mine Permits
 - (Sec. 202) Bars a civil action claiming legal wrong caused by an agency action unless it is filed by the end of the 60-day period beginning on the date of the final federal agency action to which it relates.
 
(Sec. 203) Authorizes the holder of a mineral exploration or mine permit to intervene as of right in any covered civil action by a person affecting rights or obligations of the permit holder under the permit.
 
 (Sec. 204) Requires the court to hear and determine any covered civil action as expeditiously as possible.
 
 (Sec. 205) Prohibits the court, in a covered civil action, from granting or approving prospective relief unless it finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct such violation.
 
(Sec. 206) Declares inapplicable to such civil action specified requirements of the Equal Access to Justice Act relating to award of costs and fees to a prevailing plaintiff.
 
Prohibits payment from the federal government for court costs of a party in such a civil action, including attorneys' fees and expenses.
 

Title III: Miscellaneous Provisions
 - (Sec. 301) Prohibits the construction of this Act as affecting any aspect of Secretarial Order 3324, issued by the Secretary of the Interior on December 3, 2012, regarding potash, oil, and gas leasing and development within the Designated Potash Area in Eddy and Lea Counties, New Mexico.


Legislative actions:
action_date: 2013-09-19
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
action_date: 2013-09-18
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2013-09-18
text: On passage Passed by recorded vote: 246 - 178 (Roll no. 471).
action_date: 2013-09-18
text: Passed/agreed to in House: On passage Passed by recorded vote: 246 - 178 (Roll no. 471).
action_date: 2013-09-18
text: On motion to recommit with instructions Failed by recorded vote: 197 - 229 (Roll no. 470). (consideration: CR H5622-5623)
action_date: 2013-09-18
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5622)
action_date: 2013-09-18
text: DEBATE - The House proceeded with 10 minutes of debate on the Cicilline motion to recommit with instructions. The instructions contained in the motion seek to require the House to report the bill to be reported back to the House with an amendment to add a section to the bill containing prohibitions regarding China and Iran.
action_date: 2013-09-18
text: Mr. Cicilline moved to recommit with instructions to Natural Resources. (consideration: CR H5621-5623; text: CR H5621)
action_date: 2013-09-18
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H5611-5612)
action_date: 2013-09-18
text: The previous question was ordered pursuant to the rule. (consideration: CR H5621)
action_date: 2013-09-18
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 761.
action_date: 2013-09-18
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which had been debated earlier and on which further proceedings had been postponed.
action_date: 2013-09-18
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2013-09-18
text: Considered as unfinished business. (consideration: CR H5618-5624)
action_date: 2013-09-18
text: Committee of the Whole House on the state of the Union rises leaving H.R. 761 as unfinished business.
action_date: 2013-09-18
text: On motion that the committee rise Agreed to by voice vote.
action_date: 2013-09-18
text: Mr. Lamborn moved that the committee rise.
action_date: 2013-09-18
text: DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Pearce amendment.
action_date: 2013-09-18
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Hastings (FL) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hastings (FL) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-09-18
text: DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (Fl) amendment.
action_date: 2013-09-18
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Connolly demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-09-18
text: DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly amendment.
action_date: 2013-09-18
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Veasey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Veasey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-09-18
text: DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Veasey amendment.
action_date: 2013-09-18
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Lowenthal amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Lowenthal demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-09-18
text: DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Lowenthal amendment.
action_date: 2013-09-18
text: Subsequently, the Committee resumed its sitting.
action_date: 2013-09-18
text: The Committee of the Whole rose informally to receive a message from the President.
action_date: 2013-09-18
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 761.
action_date: 2013-09-18
text: The Speaker designated the Honorable Jeff Fortenberry to act as Chairman of the Committee.
action_date: 2013-09-18
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 347 and Rule XVIII.
action_date: 2013-09-18
text: Rule provides for consideration of H.R. 761 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2013-09-18
text: Considered under the provisions of rule H. Res. 347. (consideration: CR H5606-5609, H5609-5618)
action_date: 2013-09-18
text: Rule H. Res. 347 passed House.
action_date: 2013-09-17
text: Rules Committee Resolution H. Res. 347 Reported to House. Rule provides for consideration of H.R. 761 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2013-07-09
text: Rules Committee Resolution H. Res. 292 Reported to House. Rule provides for consideration of H.R. 761 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2013-07-08
text: Placed on the Union Calendar, Calendar No. 100.
action_date: 2013-07-08
text: Committee on Judiciary discharged.
action_date: 2013-07-08
text: Committee on Judiciary discharged.
action_date: 2013-07-08
text: Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-138, Part I.
action_date: 2013-07-08
text: Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-138, Part I.
action_date: 2013-05-15
text: Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 17.
action_date: 2013-05-15
text: Committee Consideration and Mark-up Session Held.
action_date: 2013-05-15
text: Subcommittee on Energy and Mineral Resources Discharged.
action_date: 2013-04-08
text: Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
action_date: 2013-03-21
text: Subcommittee Hearings Held.
action_date: 2013-03-01
text: Referred to the Subcommittee on Energy and Mineral Resources.
action_date: 2013-02-15
text: Referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, 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.
action_date: 2013-02-15
text: Referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, 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.
action_date: 2013-02-15
text: Introduced in House
action_date: 2013-02-15
text: Introduced in House