US Federal 2023-2024 Regular Session

US Federal House Bill HB209

Introduced
1/9/23  
Refer
1/9/23  
Refer
2/21/23  

Caption

Permitting for Mining Needs Act of 2023 This bill expedites the review of mining projects on federal lands and limits judicial review of mining projects. For example, the bill expands the federal permitting and review processes under the Infrastructure Investment and Jobs Act for critical minerals. Under the act, the Bureau of Land Management (BLM) and the U.S. Forest Service, to the maximum extent practicable, must complete the federal permitting and review processes related to critical mineral mines on federal lands with maximum efficiency and effectiveness. This bill expands this process to include all minerals as defined by the bill, not only critical minerals. The bill also establishes deadlines for completing the review of mining projects under the National Environmental Policy Act of 1969. In addition, the bill also expands the meaning of covered projects under the Fixing America's Surface Transportation (FAST) Act to include (1) certain mineral production projects, and (2) certain actions taken by the Department of Defense. Such projects qualify for expedited environmental review. It also establishes requirements to expedite the review or authorization of certain mineral projects, such as (1) mineral exploration activities with a surface disturbance of no more than five acres of public lands, (2) ancillary mining activities, and (3) uranium projects. Finally, the bill limits judicial review of a permit, license, or approval issued by a lead agency for a mining project by requiring the filing of claims within a certain time period.

Impact

If enacted, HB 209 will significantly alter the landscape of federal mining regulations by limiting judicial reviews related to permits and making the process more favorable to applicants. Under the bill, any claim seeking judicial review must be filed within 120 days of a permit's finalization, potentially reducing the timeframe for challenges and increasing the certainty for mining companies. The bill also allows for various mineral exploration activities to proceed with minimal environmental disruption, defined as surface disturbance not exceeding five acres, thus expediting preliminary operations.

Summary

House Bill 209, titled the 'Permitting for Mining Needs Act of 2023', aims to streamline the federal permitting process for mining operations on federal lands. The bill seeks to enhance the efficiency and effectiveness of reviewing mining projects, particularly those involving a broader range of minerals beyond just critical minerals. A key feature of the bill is the establishment of specific deadlines for federal reviews under the National Environmental Policy Act (NEPA), imposing a 12-month review period for environmental assessments and a 24-month period for environmental impact statements. This is intended to facilitate quicker transitions from project conception to execution.

Contention

The legislation faces mixed reactions from various stakeholders. Proponents argue that the bill promotes economic growth and job creation in mining industries, particularly in underserved states by optimizing the permitting process and reducing bureaucratic delays. Conversely, critics express concerns regarding potential adverse environmental impacts due to faster approvals and the restricted ability to contest permits. There is fear that the reduced oversight might lead to insufficient consideration of local environmental needs or the rights of landowners, especially Indigenous communities.

Notable_points

The bill includes provisions for relying on baseline data and analyses from state agencies which could lead to more localized decision-making under federal authority. Additionally, it introduces concepts of using mining claims for ancillary activities, augmenting the operational scope for mining companies. However, the overarching theme remains one of balancing economic interests with environmental stewardship, as debates continue over the long-term implications of such policy changes on both local ecosystems and community rights.

Companion Bills

US HB1335

Related bill TAPP American Resources Act Transparency, Accountability, Permitting, and Production of American Resources Act

US HB1

Related bill Lower Energy Costs Act This bill provides for the exploration, development, importation, and exportation of energy resources (e.g., oil, gas, and minerals). For example, it sets forth provisions to (1) expedite energy projects, (2) eliminate or reduce certain fees related to the development of federal energy resources, and (3) eliminate certain funds that provide incentives to decrease emissions of greenhouse gases. The bill expedites the development, importation, and exportation of energy resources, including by waiving environmental review requirements and other specified requirements under certain environmental laws, eliminating certain restrictions on the import and export of oil and natural gas, prohibiting the President from declaring a moratorium on the use of hydraulic fracturing (a type of process used to extract underground energy resources), directing the Department of the Interior to conduct sales for the leasing of oil and gas resources on federal lands and waters as specified by the bill, and limiting the authority of the President and executive agencies to restrict or delay the development of energy on federal land. In addition, the bill reduces royalties for oil and gas development on federal land and eliminates charges on methane emissions. It also eliminates a variety of funds, such as funds for energy efficiency improvements in buildings as well as the greenhouse gas reduction fund.

US SB947

Related bill Lower Energy Costs Act Water Quality Certification and Energy Project Improvement Act of 2023 TAPP American Resources Act Transparency, Accountability, Permitting, and Production of American Resources Act

US HB2623

Related bill PRIMED Act Permit Reform In Mining for Energy and Defense Act

US SB1281

Related bill Mining Regulatory Clarity Act of 2023

US HB2811

Related bill Water Quality Certification and Energy Project Improvement Act of 2023 TAPP American Resources Act Transparency, Accountability, Permitting, and Production of American Resources Act Regulations from the Executive in Need of Scrutiny Act of 2023

US HB2925

Related bill Mining Regulatory Clarity Act of 2024

US SB1456

Related bill SPUR Act Spur Permitting of Underdeveloped Resources Act

Previously Filed As

US SF876

Metallic mineral mining projects environmental review and permitting process modifications

US HF291

Coordination, effectiveness, transparency, and accountability of environmental review and permitting process for metallic mineral mining projects.

US SB362

A bill to allow certain Federal minerals to be mined consistent with the Bull Mountains Mining Plan Modification, and for other purposes.

US HB676

To exempt Federal actions related to energy and mineral activities on certain Federal lands from the requirements of the National Environmental Policy Act of 1969.

US HB931

To allow certain Federal minerals to be mined consistent with the Bull Mountains Mining Plan Modification, and for other purposes.

US HB36

Patrick Underwood Federal Law Enforcement Protection Act of 2023 This bill revises the federal criminal statute that prohibits assaulting, resisting, or impeding certain federal officers or employees. Among other changes, the bill increases the applicable penalties for such offenses.

US HB186

Water Supply Permitting Coordination Act This bill makes the Bureau of Reclamation the lead agency for the purpose of coordinating all permitting and related activities required to construct certain new surface-water storage projects. Specifically, Reclamation must identify, notify, and coordinate all Federal agencies that may have jurisdiction over a review, analysis, opinion, statement, permit, license, approval, or decision for a qualifying project. A state where a project is being considered may also choose to participate as a cooperating agency. Reclamation's coordination responsibilities include (1) preparing a unified environmental review document, and (2) maintaining a consolidated administrative record and project data records. Additionally, Reclamation is authorized to accept and expend funds contributed by a nonfederal public entity to expedite the evaluation of a permit for such a project.

US HB218

Expedited Removal Codification Act of 2023 This bill provides statutory authority for a July 23, 2019, Department of Homeland Security (DHS) notice that expanded the classes of non-U.S. nationals (aliens under federal law) who are subject to expedited removal (i.e., removal without further hearing or review). DHS published another notice on March 21, 2022, rescinding the July 2019 notice. Thus, this bill in effect restores the expanded version of expedited removal under the July 2019 notice. The July 2019 notice expanded expedited removal to cover certain inadmissible non-U.S. nationals who were apprehended in any part of the United States and who have been in the United States for less than two years. By contrast, with the March 2022 rescission, expedited removal is generally limited to certain inadmissible non-U.S. nationals apprehended near or at a border.

US HB422

No Subsidies for Wealthy Universities ActThis bill limits the indirect costs that are allowable under federal research awards to institutions of higher education (IHEs) with endowments above specified thresholds. (Generally, indirect costs represent expenses that are not specific to a research project but are needed to maintain the infrastructure and administrative support for federally funded research.)Specifically, the National Center for Education Statistics (NCES) must annually collect information regarding the endowments of each IHE that has entered into a program participation agreement with the Department of Education.With this collected information, NCES must identify and make lists of (1) each IHE with an endowment of more than $5 billion, and (2) each IHE with an endowment of more than $2 billion (but not more than $5 billion). NCES must submit these lists to the Office of Management and Budget, which must then distribute the lists to federal agencies, Congress, and the public.The bill establishes the following limits on the indirect costs allowable under federal research awards:for an IHE with an endowment of more than $5 billion, the IHE is prohibited from using these awards for indirect costs;for an IHE with an endowment of more than $2 billion (but not more than $5 billion), the IHE is limited to an indirect cost rate of 8%; andfor all other IHEs, an indirect cost rate of 15%.The Government Accountability Office must annually report to Congress on indirect cost reimbursement on federal research awards for IHEs.

US SJM102

States findings of the Legislature and requests Idaho work with the federal government to reform certain federal acts that impede the production and processing of minerals in Idaho.

Similar Bills

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