Sec. 105. Agency review and reports
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To improve the quality and timeliness of decisions, the Secretary (acting through the Director of the Bureau of Land Management) and the Secretary of Agriculture (acting through the Chief of the Forest Service) (referred to in this section as the Secretaries ) shall, to the maximum extent practicable, with respect to critical mineral production on Federal land— ensure that Federal permitting and review processes inform decisionmakers and affected communities about the potential positive and negative impacts of proposed mining activities; ensure that mining activities are carried out in a manner that is consistent with protecting the public health, welfare, safety, national security, and environment of the United States; and execute Federal permitting and review processes, consistent with available resources, with maximum efficiency and effectiveness, while ensuring the health, safety, and security of communities and the environment and supporting vital economic growth, by— setting and adhering to timelines and schedules for completion of reviews and for inspection and enforcement activities; setting clear permitting performance goals and tracking progress against those goals; encouraging early collaboration among agencies, project sponsors, and affected stakeholders to incorporate and address their interests and minimize delays; providing for transparency and accountability by using cost-effective information technology to collect and disseminate information about individual projects and agency performance; achieving early and active consultation with State, local, and tribal governments to avoid conflicts or duplication of effort, resolve concerns, and allow for concurrent rather than sequential reviews; providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs, more timely decisions, and a healthier and cleaner environment; expanding and institutionalizing permitting and review process improvements that have proven effective; developing mechanisms to better communicate priorities and resolve disputes among agencies at the national and regional levels; and developing other practices, such as pre-application procedures.
Not later than 180 days after the date of receipt of the report of the study under section 104, the Secretaries shall submit to Congress a report that— describes the recommendations from the study under section 104 that the Secretaries have existing legal authority for and intend to implement, including estimated timelines for the implementation; identifies additional measures (including regulatory and legislative proposals, as appropriate) that would— increase the effectiveness and operational efficiency of agency management of permitting activities for the exploration and development of domestic critical minerals; and improve the effectiveness of environmental analysis and inspection and enforcement activities relating to critical mineral-related activities on Federal land; identifies options (including cost recovery paid by applicants) for ensuring adequate staffing (including training programs) of Federal entities responsible for— the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; and environmental analysis and inspection and enforcement activities with respect to the critical mineral-related activities; in coordination with the heads of other appropriate Federal agencies, assesses whether Federal laws (including regulations and tax provisions) or policies are adversely affecting or are enhancing the global competitiveness of, or investment in, the domestic critical minerals industry, including the critical minerals manufacturing industry; quantifies the amount of time typically required to complete each step associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; and describes actions taken pursuant to subsection (a).
Beginning with the first budget submission by the President under section 1105 of title 31, United States Code, after submission to Congress of the report under subsection (b), and for the next 10 annual budget submissions thereafter, the Secretaries shall submit to Congress a report on— the implementation of recommendations, measures, and options identified in paragraphs
(1)through
(3)of subsection (b); achievement of, or progress towards, the target levels of performance developed under subsection (d); actions taken under subsection (a); and the quantity, type, and estimated value (by mineral type) of— critical minerals produced on Federal land; and all hardrock minerals produced on Federal land. Not later than 180 days after the date of the submission of the report under subsection (b), the Secretaries, after public notice and comment, shall develop and publish target levels of performance for agency management of activities associated with the exploration for and development of domestic critical minerals in accordance with applicable laws, against which actual achievement or progress can be compared, in— the timeliness of decisions, taking into consideration the evaluation described in subsection (b)(5); cost savings; and improved health and environmental performance. The Secretaries shall use the target levels of performance under paragraph
(1)as performance goals in the appropriate agency performance plans under section 1115 of title 31, United States Code. Nothing in this section affects the judicial review of an agency action under any 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. Nothing in this section relieves the Secretary of the Interior or the Secretary of Agriculture of any obligation or duty under any other applicable law (including regulations).