Sec. 2007. Permitting process improvements

1,671 words·~8 min read·/bill/118/s/1456/is/section-2007

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section: The term byproduct has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term mineral means any mineral subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 22 et seq. ), and minerals located on lands acquired by the United States (as defined in section 2 of the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 )).

Except as otherwise provided, the term Secretary means the Secretary of the Interior. The term State means— a State; the District of Columbia; the Commonwealth of Puerto Rico; Guam; American Samoa; the Commonwealth of the Northern Mariana Islands; and the United States Virgin Islands. Section 40206 of the Infrastructure Investment and Jobs Act ( 30 U.S.C. 1607 ) is amended— in the section heading, by striking and inserting Critical minerals ; Minerals by striking subsection

(a)and inserting the following: In this section: The term lead agency means the Federal agency with primary responsibility for issuing a mineral exploration or mine permit or lease for a mineral project. The term mineral has the meaning given the term in section 2007(a) of the Spur Permitting of Underdeveloped Resources Act . 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 Federal permit or authorization for a mineral project. The term mineral project means a project that— is 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 is for the purposes of exploring for or producing minerals. ; in subsection (b), by striking critical each place it appears; in subsection (c)— in the matter preceding paragraph (1)— by striking critical mineral production on Federal land and inserting mineral projects ; and by striking practicable, shall complete the and inserting practicable, and in accordance with subsection (h), shall complete those ; in paragraph (1), by striking critical mineral-related activities on Federal land and inserting mineral projects ; in paragraph (8), by striking and at the end; in paragraph (9), by striking the period at the end and inserting ; 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), in the matter preceding subparagraph (A), 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 ; and by adding at the end the following: To maximize efficiency and effectiveness of the Federal permitting and review processes described in subsection (c), the lead agency in the Federal permitting and review processes of a mineral project shall enter into a memorandum of agreement with a project applicant on request by the applicant to carry out the activities described in subsection (c). A lead agency described in paragraph

(1)shall carry out that paragraph in consultation with— any other Federal agency involved in the applicable Federal permitting and review processes; and on request of the project applicant, an affected State government, local government, Indian Tribe, or other entity that the lead agency determines appropriate. 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 ( 42 U.S.C. 4332(2)(C) ) shall require that the review process not exceed— 1 year for an environmental assessment; and 2 years for an environmental impact statement. A project applicant may enter into one or more agreements with a lead agency to extend 1 or more of the deadlines described in subparagraph

(A)by not more than 6 months. At the request of a project applicant, the lead agency and any other entity that 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). For a proposed agency action with a timeline or schedule established under subsection (c)(1) and a review process established in accordance with subparagraph (A), the record of decision prepared for the proposed agency action and all authorizations required under any other Federal law with respect to the proposed agency action shall be issued not later than 90 days after the date on which the applicable environmental impact statement or environmental assessment is published in the Federal Register. The lead agency with respect to a mineral project may adopt an environmental impact statement or environmental assessment prepared by or for a project applicant with respect to the mineral project if that document fulfills the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). On a written request by a project applicant, the requirements of this subsection shall apply to any application for a mineral exploration or mine permit or mineral lease that was submitted before the date of enactment of the Spur Permitting of Underdeveloped Resources Act . . Section 7002(f) of the Energy Act of 2020 ( 30 U.S.C. 1606(f) ) is amended— in paragraph (2), by striking critical in each place it appears; and by striking paragraph (4). Section 41001(6)(A) of the FAST Act ( 42 U.S.C. 4370m(6)(A) ) is amended in the matter preceding clause

(i)by inserting minerals production, before or any other sector . In this subsection, the term Secretary concerned means— the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; or the Secretary of Agriculture, with respect to land of the National Forest System. An operator may submit to the Secretary concerned notice requesting to carry out mineral exploration activities other than casual use, which shall include a description of the mineral exploration activities and subsequent reclamation activities intended to be carried out. Notwithstanding any other provision of law, not later than 15 calendar days after receiving a notice under paragraph (2), the Secretary concerned shall allow the activities described in the notice to proceed if— the surface disturbance on Federal land will not exceed 5 acres; the Secretary concerned determines that the notice is complete; and financial assurance is provided. Section 10101 of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f ) is amended by adding at the end the following: In this paragraph, the term operations means— with respect to a locatable mineral, any activity or work carried out in connection with— prospecting; exploration; processing; discovery and assessment; development; or extraction; the reclamation of an area disturbed by an activity described in clause (i); and any activity reasonably incident to an activity described in clause

(i)or (ii), regardless of whether that incidental activity is carried out on a mining claim, including the construction and maintenance of any facility, road, transmission line, pipeline, or any other necessary infrastructure or means of access on public land. A claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— the claimant makes a timely payment of the location fee required by section 10102 and the claim maintenance fee required by subsection (a); or in the case of a claimant who qualifies for a waiver under subsection (d)— the claimant makes a timely payment of the location fee required by section 10102; and the claimant complies with the required assessment work under the general mining laws. A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy any requirements under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) for the payment of fair market value to the United States for the use of public land and resources pursuant to the general mining laws. Nothing in this subsection diminishes any right (including a right of entry, use, or occupancy) of a claimant. . Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a lead agency (as defined in subsection

(a)of section 40206 of the Infrastructure Investment and Jobs Act ( 30 U.S.C. 1607 )) for a mining project shall be barred unless it is filed not later than 60 days after the date of publication of a notice in the Federal Register announcing that the permit, license, or approval is final in accordance with the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed. Nothing in this subsection— establishes a right to judicial review; or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval. Notwithstanding any other provision of law, no approval of a mineral exploration or mine permit as defined in section 40206(a) of the Infrastructure Investment and Jobs Act ( 30 U.S.C. 1607 ) (as amended by subsection (b)(2)) shall be vacated or otherwise limited, delayed, or enjoined unless the applicable court concludes allowing such proposed action will pose a risk of an imminent and substantial environmental harm and there is no other equitable remedy available as a matter of law.

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