Sec. 805. Permitting
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/bill/113/s/1401/is/section-805·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established within the Department of the Interior a working group to be known as the Critical Minerals Working Group , which shall report to the President and the applicable committees through the Secretary. The Working Group shall be composed of the following: The Secretary of the Interior (or a designee), who shall serve as chair of the Working Group. A Presidential designee from the Executive Office of the President, who shall serve as vice-chair of the Working Group.
The Secretary of Energy (or a designee). The Secretary of Agriculture (or a designee). The Secretary of Defense (or a designee). The Secretary of Commerce (or a designee). The Secretary of State (or a designee). The United States Trade Representative (or a designee). The Administrator of the Environmental Protection Agency (or a designee). The Chief of Engineers of the Corps of Engineers (or a designee). The Working Group shall operate in consultation with private sector, academic, and other applicable stakeholders with experience related to— critical minerals exploration; critical minerals permitting; critical minerals production; and critical minerals manufacturing.
The Working Group shall— facilitate Federal agency efforts to optimize efficiencies associated with the permitting of activities that will increase exploration and development of domestic critical minerals, while maintaining environmental standards; facilitate Federal agency review of laws (including regulations) and policies that discourage investment in exploration and development of domestic critical minerals; assess whether Federal policies adversely impact the global competitiveness of the domestic critical minerals exploration and development sector (including taxes, fees, regulatory burdens, and access restrictions); evaluate the sufficiency of existing mechanisms for the provision of tenure on Federal land and the role of the mechanisms in attracting capital investment for the exploration and development of domestic critical minerals; and generate such other information and take such other actions as the Working Group considers appropriate to achieve the policy described in section 803(a).
Not later than 300 days after the date of enactment of this Act, the Working Group shall submit to the applicable committees a report that— describes the results of actions taken under subsection (c); evaluates the amount of time typically required (including the range derived from minimum and maximum durations, mean, median, variance, and other statistical measures or representations) to complete each step (including those aspects outside the control of the executive branch of the Federal Government, such as judicial review, applicant decisions, or State and local government involvement) associated with the processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land, which shall serve as a baseline for the performance metric developed and finalized under subsections
(e)and (f), respectively; identifies measures (including regulatory changes and legislative proposals) that would optimize efficiencies, while maintaining environmental standards, associated with the permitting of activities that will increase exploration and development of domestic critical minerals; and identifies options (including cost recovery paid by applicants) for ensuring adequate staffing of divisions, field offices, or other entities responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land. Not later than 330 days after the date of enactment of this Act, and on completion of the report required under subsection (d), the Working Group shall publish in the Federal Register for public comment a draft description of a performance metric for evaluating the progress made by the executive branch of the Federal Government on matters within the control of that branch towards optimizing efficiencies, while maintaining environmental standards, associated with the permitting of activities that will increase exploration and development of domestic critical minerals. Not later than 1 year after the date of enactment of this Act, and after consideration of any public comments received under subsection (e), the Working Group shall publish in the Federal Register a description of the final performance metric. Not later than 2 years after the date of enactment of this Act and annually thereafter, using the final performance metric under subsection (f), the Working Group shall submit to the applicable committees, as part of the budget request of the Department of the Interior for each fiscal year, each report that— describes the progress made by the executive branch of the Federal Government on matters within the control of that branch towards optimizing efficiencies, while maintaining environmental standards, associated with the permitting of activities that will increase exploration and development of domestic critical minerals; and compares the United States to other countries in terms of permitting efficiency, environmental standards, and other criteria relevant to a globally competitive economic sector. Not later than 300 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the applicable committees a report that assesses the performance of Federal agencies in— complying with chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act ), in promulgating regulations applicable to the critical minerals industry; and performing an analysis of regulations applicable to the critical minerals industry that may be outmoded, inefficient, duplicative, or excessively burdensome. Nothing in this section affects any judicial review of an agency action under any other provision of law. This section— is intended to improve the internal management of the Federal Government; and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States (including an agency, instrumentality, officer, or employee) or any other person.