Sec. 102. Minerals supply chain and reliability
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Section 40206 of the Infrastructure Investment and Jobs Act ( 30 U.S.C. 1607 ) is amended— in the section heading, by striking Critical minerals and inserting Minerals ; in subsection (a)— in the heading by striking and inserting Definition of Critical Mineral ; Definitions by striking section, and inserting section: ; by striking the term and inserting the following: critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ) The term mineral means any mineral of a kind that is locatable (including such minerals located on lands acquired by the United States, as such term is defined in section 102 of the Mineral Leasing Act for Acquired Lands) under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91). ; and by adding at the end the following:
The term mineral exploration or mine permit means— an authorization of the Bureau of Land Management or the Forest Service, as applicable, for exploration for minerals that requires analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); a plan of operations for a mineral project approved by the Bureau of Land Management or the Forest Service; or any other permit or authorization for a mineral project. The term mineral project means a project— located on— a mining claim, millsite claim, or tunnel site claim for any mineral; lands open to mineral entry; or a Federal mineral lease; and for the purposes of exploring for or producing minerals.
The term lead agency means the Federal agency with primary responsibility for issuing a mineral exploration or mine permit for a mineral project. ; in subsection (b), by striking critical each place it appears; in subsection (c)— by striking critical mineral production on Federal land and inserting mineral projects ; by inserting , and in accordance with subsection
(h)after to the maximum extent practicable ; by striking shall complete the and inserting shall complete such ; in paragraph (1), by striking critical mineral-related activities on Federal land and inserting mineral projects ; in paragraph (8), by striking the and at the end; in paragraph (9), by striking procedures. and inserting procedures; and ; and by adding at the end the following: deferring to and relying on baseline data, analyses, and reviews performed by State agencies with jurisdiction over the environmental or reclamation permits for the proposed mineral project. ; in subsection (d)— by striking critical each place it appears; and in paragraph (3), by striking mineral-related activities on Federal land and inserting mineral projects ; in subsection (e), by striking critical ; in subsection (f), by striking critical each place it appears; in subsection (g), by striking critical each place it appears; and by adding at the end the following: For purposes of maximizing efficiency and effectiveness of the Federal permitting and review processes described under subsection (c), the lead agency in the Federal permitting and review processes of a mineral project shall (in consultation with any other Federal agency involved in such Federal permitting and review processes, and upon request of the project applicant, an affected State government, local government, or an Indian Tribe, or other entity such lead agency determines appropriate) enter into a memorandum of agreement to carry out the activities described in subsection (c). Any timelines or schedules established under subsection (c)(1) relating to a review under section 102(2)(C) of the National Environmental Policy Act of 1969 shall require that the review process not exceed— 18 months for an environmental assessment; and 24 months for an environmental impact statement. A project applicant may enter into 1 or more agreements with a lead agency to extend the deadlines described in clauses
(i)and
(ii)of subparagraph
(A)by, with respect to each such agreement, not more than 6 months. At the request of a project applicant, the lead agency and any other entity which is a signatory to a memorandum of agreement under paragraph
(1)may, by unanimous agreement, adjust— any deadlines described in subparagraph (A); and any deadlines extended under subparagraph (B). Upon a written request by a project applicant, the requirements of this subsection shall apply to any application for a mineral exploration or mine permit that was submitted before the date of enactment of the Securing America’s Mineral Supply Chains Act of 2022 . .
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Sec. 102
Minerals supply chain and reliability
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