I
118THCONGRESS
1
STSESSION H. R. 2623
To require that certain actions taken by the Secretary of Defense be treated
as an eligible transportation project, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL13, 2023
Ms. S
LOTKIN(for herself, Mr. GARAMENDI, Mr. WALTZ, Mr. SWALWELL, Ms.
T
ITUS, and Mr. COSTA) introduced the following bill; which was referred
to the Committee on Natural Resources
A BILL
To require that certain actions taken by the Secretary of
Defense be treated as an eligible transportation project,
and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Permit Reform In Min-4
ing for Energy and Defense Act’’ or the ‘‘PRIMED Act’’. 5
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•HR 2623 IH
SEC. 2. TREATMENT OF ACTIONS UNDER PRESIDENTIAL 1
DETERMINATION 2022–11 FOR FEDERAL PER-2
MITTING IMPROVEMENT PURPOSES. 3
(a) I
NGENERAL.—Except as provided by subsection 4
(c), an action described in subsection (b) shall be— 5
(1) treated as a covered project, as defined in 6
section 41001(6) of the FAST Act (42 U.S.C. 7
4370m(6)), without regard to the requirements of 8
that section; and 9
(2) included in the Permitting Dashboard main-10
tained pursuant to section 41003(b) of that Act (42 11
13 U.S.C. 4370m–2(b)). 12
(b) A
CTIONSDESCRIBED.—An action described in 13
this subsection is an action taken by the Secretary of De-14
fense pursuant to Presidential Determination 2022–11 15
(87 Fed. Reg. 19775; relating to certain actions under 16
section 303 of the Defense Production Act of 1950) or 17
the Presidential Memorandum of February 27, 2023, ti-18
tled ‘‘Presidential Waiver of Statutory Requirements Pur-19
suant to Section 303 of the Defense Production Act of 20
1950, as amended, on Department of Defense Supply 21
Chains Resilience’’ (88 Fed. Reg. 13015) to create, main-22
tain, protect, expand, or restore sustainable and respon-23
sible domestic production capabilities through— 24
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•HR 2623 IH
(1) supporting feasibility studies for mature 1
mining, beneficiation, and value-added processing 2
projects; 3
(2) byproduct and co-product production at ex-4
isting mining, mine waste reclamation, and other in-5
dustrial facilities; 6
(3) modernization of mining, beneficiation, and 7
value-added processing to increase productivity, envi-8
ronmental sustainability, and workforce safety; or 9
(4) any other activity authorized under section 10
303(a)(1) of the Defense Production Act of 1950 11
(50 U.S.C. 4533(a)(1)). 12
(c) E
XCEPTION.—An action described in subsection 13
(b) may not be treated as a covered project or be included 14
in the Permitting Dashboard under subsection (a) if the 15
project sponsor (as defined in section 41001(18) of the 16
FAST Act (42 U.S.C. 4370m(18))) requests that the ac-17
tion not be treated as a covered project. 18
Æ
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