National Strategic and Critical Minerals Production Act of 2015

Bill: 114-hr-1937
Sponsor: Rep. Amodei, Mark E. [R-NV-2]
Introduced: 2015-04-22 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: 2015-04-22
text: 

National Strategic and Critical Minerals Production Act of 2015

 
Deems a domestic mine that will provide strategic and critical minerals to be an "infrastructure project" as described in Presidential Order "Improving Performance of Federal Permitting and Review of Infrastructure Projects" 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, and contractors.
 
Deems the requirements of National Environmental Policy Act of 1969 (NEPA) to have been satisfied if the lead agency determines that any state or federal agency acting pursuant to state or federal statutory or procedural authorities, has or will address specified factors.
 
Requires the lead agency, if it cannot make such a determination, and at a project proponent's request, together with cooperating and other agencies involved in the permitting process to enter into an agreement with the project proponent that sets time limits for each part of the permitting process.
 
Applies this Act to any 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 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. 
 
 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.
 
Prohibits construction of this Act as affecting any aspect of Secretarial Order 3324 with respect to potash and oil and gas operators.

action_date: 2015-09-08
text: 
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
 

National Strategic and Critical Minerals Production Act of 2015

 
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 "infrastructure project" as described in Presidential Order "Improving Performance of Federal Permitting and Review of Infrastructure Projects" 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, and contractors.
 
Deems the requirements of National Environmental Policy Act of 1969 to have been satisfied if the lead agency determines that any state or federal agency acting pursuant to state or federal statutory or procedural authorities, has or will address specified factors.
 
Requires the lead agency, if it cannot make such a determination, and at a project proponent's request, together with cooperating and other agencies involved in the permitting process to enter into an agreement with the project proponent that sets time limits for each part of the permitting process.
 
Applies this Act to any 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 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 the priority of the lead agency, in evaluating and issuing any mineral exploration or mine permit, 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. Requires each notice to undergo any required reviews within the Department of the Interior or the Department of Agriculture and to be published in its final form in the Federal Register at least 30 days after its initial preparation, absent any extraordinary circumstance or except as otherwise required by any Act of Congress.
 
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 affecting a mineral exploration or mine permit unless such claim is filed no later than 60 days after 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 such 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 such civil action as expeditiously as possible.
 
 (Sec. 205) Prohibits the court 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 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.
 
TITLE III--MISCELLANEOUS PROVISIONS
 
 (Sec. 301) Prohibits this Act from being construed to affect any aspect of Secretarial Order 3324 with respect to potash and oil and gas operators.

action_date: 2015-10-22
text: 

National Strategic and Critical Minerals Production Act of 2015

 
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 "infrastructure project" as described in Presidential Order "Improving Performance of Federal Permitting and Review of Infrastructure Projects" 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, and contractors.
 
Deems the requirements of National Environmental Policy Act of 1969 to have been satisfied if the lead agency determines that any state or federal agency acting pursuant to state or federal statutory or procedural authorities, has or will address specified factors.
 
Requires the lead agency, if it cannot make such a determination, and at a project proponent's request, together with cooperating and other agencies involved in the permitting process to enter into an agreement with the project proponent that sets time limits for each part of the permitting process.
 
Applies this Act to any 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 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 the priority of the lead agency, in evaluating and issuing any mineral exploration or mine permit, 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. Requires each notice to undergo any required reviews within the Department of the Interior or the Department of Agriculture and to be published in its final form in the Federal Register at least 30 days after its initial preparation, absent any extraordinary circumstance or except as otherwise required by any Act of Congress.
 
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 affecting a mineral exploration or mine permit unless such claim is filed no later than 60 days after 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 such 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 such civil action as expeditiously as possible.
 
 (Sec. 205) Prohibits the court 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 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.
 
TITLE III--MISCELLANEOUS PROVISIONS
 
 (Sec. 301) Declares this Act inapplicable to any mineral described in Secretarial Order No. 3324, issued by the Department of the Interior on December 3, 2012, in any area to which the order applies.


Legislative actions:
action_date: 2015-10-26
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
action_date: 2015-10-22
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2015-10-22
text: On passage Passed by the Yeas and Nays: 254 - 177 (Roll no. 565).
action_date: 2015-10-22
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 254 - 177 (Roll no. 565).
action_date: 2015-10-22
text: On motion to recommit with instructions Failed by recorded vote: 184 - 246 (Roll no. 564).
action_date: 2015-10-22
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7123)
action_date: 2015-10-22
text: Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Peters motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to prohibit or limit the agency responsible for issuing a mineral exploration or mine permit from assessing the extent to which the authorized activity contributes to climate change.
action_date: 2015-10-22
text: Mr. Peters moved to recommit with instructions to the Committee on Natural Resources. (consideration: CR H7122-7124; text: CR H7122)
action_date: 2015-10-22
text: The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text of measure as amended in House: CR H7113-7114)
action_date: 2015-10-22
text: The previous question was ordered pursuant to the rule. (consideration: CR H7122)
action_date: 2015-10-22
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1937.
action_date: 2015-10-22
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2015-10-22
text: Considered as unfinished business. (consideration: CR H7119-7124)
action_date: 2015-10-22
text: Committee of the Whole House on the state of the Union rises leaving H.R. 1937 as unfinished business.
action_date: 2015-10-22
text: On motion that the committee rise Agreed to by voice vote.
action_date: 2015-10-22
text: Mr. Lamborn moved that the committee rise.
action_date: 2015-10-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Hastings amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Hastings 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: 2015-10-22
text: DEBATE - Pursuant to the provisions of H.Res. 481, the Committee of the Whole House proceeded with 10 minutes of debate on the Hastings amendment No. 5.
action_date: 2015-10-22
text: DEBATE - Pursuant to the provisions of H.Res. 481, the Committee of the Whole House proceeded with 10 minutes of debate on the Pearce amendment No. 4.
action_date: 2015-10-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Cartwright 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: 2015-10-22
text: DEBATE - Pursuant to the provisions of H.Res. 481, the Committee of the Whole House proceeded with 10 minutes of debate on the Cartwright amendment No. 3.
action_date: 2015-10-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Dingell amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mrs. Dingell 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: 2015-10-22
text: DEBATE - Pursuant to the provisions of H.Res. 481, the Committee of the Whole House proceeded with 10 minutes of debate on the Dingell amendment No. 2.
action_date: 2015-10-22
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 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: 2015-10-22
text: DEBATE - Pursuant to the provisions of H.Res. 481, the Committee of the Whole House proceeded with 10 minutes of debate on the Lowenthal amendment No. 1.
action_date: 2015-10-22
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1937.
action_date: 2015-10-22
text: The Speaker designated the Honorable Kenny Marchant to act as Chairman of the Committee.
action_date: 2015-10-22
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 481 and Rule XVIII.
action_date: 2015-10-22
text: Rule provides for consideration of H.R. 1937 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: 2015-10-22
text: Considered under the provisions of rule H. Res. 481. (consideration: CR H7107-7119)
action_date: 2015-10-21
text: Rule H. Res. 481 passed House.
action_date: 2015-10-20
text: Rules Committee Resolution H. Res. 481 Reported to House. Rule provides for consideration of H.R. 1937 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: 2015-09-08
text: Placed on the Union Calendar, Calendar No. 192.
action_date: 2015-09-08
text: Committee on the Judiciary discharged.
action_date: 2015-09-08
text: Committee on the Judiciary discharged.
action_date: 2015-09-08
text: Reported by the Committee on Natural Resources. H. Rept. 114-253, Part I.
action_date: 2015-09-08
text: Reported by the Committee on Natural Resources. H. Rept. 114-253, Part I.
action_date: 2015-07-09
text: Subcommittee on Energy and Mineral Resources Discharged.
action_date: 2015-07-09
text: Ordered to be Reported by the Yeas and Nays: 23 - 14.
action_date: 2015-07-09
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-07-08
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-06-25
text: Subcommittee Hearings Held.
action_date: 2015-05-19
text: Referred to the Subcommittee on Energy and Mineral Resources.
action_date: 2015-05-15
text: Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
action_date: 2015-04-22
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: 2015-04-22
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: 2015-04-22
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: 2015-04-22
text: Introduced in House
action_date: 2015-04-22
text: Introduced in House