---
kind: "diff"
citation: "H.R. 761"
bill: "113-hr-761"
heading: "National Strategic and Critical Minerals Production Act of 2013"
from: "ih"
from_label: "Introduced in House"
to: "rh"
to_label: "Reported in House"
sections_amended: 3
sections_added: 0
sections_removed: 0
url: "https://uscodex.org/bills/113/hr/761/changes/rh"
---
# H.R. 761 — what changed
H.R. 761, National Strategic and Critical Minerals Production Act of 2013 — 3 sections amended between Introduced in House and Reported in House.
Edits are marked `struck` and `inserted`.
## Sec. 3 Definitions
- In this Act:
- (1) Strategic and critical minerals— The term strategic and critical minerals means minerals that are necessary—
- (A) for national defense and national security requirements;
- (B) for the Nation’s energy infrastructure, including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production;
- (C) to support domestic manufacturing, agriculture, housing, telecommunications, healthcare, and transportation infrastructure; andor
- (D) for the Nation’s economic security and balance of trade.
- (2) Agency— The term agency means any agency, department, or other unit of Federal, State, local, or tribal government, or Alaska Native Corporation.
- (3) mineral exploration or mine permit— The term mineral exploration or mine permit includes plans of operation issued by the Bureau of Land Management and the Forest Service pursuant to 43 C.F.R. 3809 and 36 C.F.R. 228A, 228A or the authorities listed in 43 C.F.R. 3503.13, respectively.
## Sec. 102 Responsibilities of the lead agency
- (a) In general— The lead agency with responsibility for issuing a mineral exploration or mine permit shall appoint a project lead who shall coordinate and consult with other agencies, cooperating agencies, agencies and any other agency involved in the permitting process, project proponents and contractors to ensure that agencies minimize delays, set and adhere to timelines and schedules for completion of reviews, the permitting process, set clear permitting goals and track progress against those goals.
- (b) Determination under NEPA— The To the extent that the National Environmental Policy Act of 1969 applies to any mineral exploration or mine permit, the lead agency with responsibility for issuing a mineral exploration or mine permit shall determine any such that the action would to approve the 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 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.
- (c) coordination on permitting and review—process— The lead agency with responsibility for issuing a mineral exploration or mine permit shall enhance government coordination on for the permitting and review process by avoiding duplicative reviews, minimizing paperwork and engaging other agencies and stakeholders early in the process. The lead agency shall consider the following best practices:
- (1) Deferring to and relying upon baseline data, analysis analyses and reviews preformed performed by State agencies with jurisdiction over the proposed project.
- (2) Conducting any consultations or reviews concurrently rather than sequentially to the extent practicable and when such concurrent review will expedite rather than delay a decision.
- (d) time limits Schedule for permit review permitting process— At the request of a project proponent, the project lead of the agency agency, cooperating agencies and any other agencies involved with responsibility for issuing a the mineral exploration or mine permit permitting process shall enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permit review permitting process including the following:
- (1) The decision on whether to prepare a document required under the National Environmental Policy Act of 1969.
- (2) A determination of the scope of any document required under the National Environmental Policy Act of 1969.
- (3) The scope of and schedule for the baseline studies required to prepare a document required under the National Environmental Policy Act of 1969.
- (4) Preparation of any draft document required under the National Environmental Policy Act of 1969.
- (5) Preparation of a final document required under the National Environmental Policy Act of 1969.
- (6) Consultations required under applicable laws.
- (7) Submission and review of any comments required under applicable law.
- (8) Publication of any public notices required under applicable law.
- (9) A final or any interim decisions.
- (e) Time limit for total review permitting process— In no case should the total review process described in subsection (d) exceed 30 months unless agreed to by the signatories of the agreement.
- (f) Limitation on addressing public comments— The lead agency is not required to address agency or public comments that were not submitted during the any public comment periods or consultation periods provided by during the lead agency permitting process or as otherwise required by law.
- (g) Financial assurance— The lead agency will determine the amount of financial assurance for reclamation of a mineral exploration or mining site, which must cover the estimated cost if the lead agency were to contract 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 or tribal environmental standards.
- (h) Application to existing permit applications— This section shall apply with respect to a mineral exploration or mine permit for which an application was submitted before the date of the enactment of this Act if the applicant for the permit submits a written request to the lead agency for the permit. The lead agency shall begin implementing this section with respect to such application within 30 days after receiving such written request.
- (i) Strategic and critical materials minerals within National Forests— With respect to strategic and critical materials minerals within a federally administered unit of the National Forest System, the lead agency shall—
- (1) exempt all areas of identified mineral resources in Land Use Designations, other than Non-Development Land Use Designations, in existence as of the date of the enactment of this Act from the procedures detailed at and all rules promulgated under part 294 of title 36, Code for Federal Regulations;
- (2) apply such exemption to all additional routes and areas that the lead agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of identified mineral resources described in paragraph (1); and
- (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit of the National Forest System.
## Sec. 103 Conservation of the resource
- In developing the evaluating and issuing any mineral exploration or mine permit, the priority of the lead agency shall be to maximize the development of the mineral resource, while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place.