Us Congress 2023-2024 Regular Session

Us Congress 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

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