S.Amdt. 2196

SA 2196. Mr. BARRASSO submitted an amendment intended to be proposed
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms.
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the
bill H.R. 3684, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle E of title III of division D, add
the following:

SEC. 4034_. AMERICAN CRITICAL MINERAL INDEPENDENCE.

(a) Definitions.--In this section:
(1) Byproduct.--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)).
(2) Critical mineral.--The term ``critical mineral'' has
the meaning given the term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)), except that the term shall
not exclude materials described in paragraph (3)(B)(iii) of
that section.
(3) Critical mineral project.--The term ``critical mineral
project'' means a project--
(A) located on--
(i) a mining claim, millsite claim, or tunnel site claim
for any locatable mineral;
(ii) land open to mineral entry; or
(iii) a Federal mineral lease; and
(B) for the purpose of producing a critical mineral,
including--

[[Page S5610]]

(i) as a byproduct, or a product of a host mineral, or from
tailings; or
(ii) through an exploration project with respect to which
the presence of a byproduct is a reasonable expectation,
based on known mineral companionality, geologic formation,
mineralogy, or other factors.
(4) Lead agency.--The term ``lead agency'' means the agency
with primary responsibility for issuing a mineral exploration
or mine permit for a project.
(5) Mineral exploration or mine permit.--The term ``mineral
exploration or mine permit'' means--
(A) an authorization of the Bureau of Land Management or
the Forest Service, as applicable, for a premining activity
that requires analysis under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B) a plan of operations issued by the Bureau of Land
Management or the Forest Service; and
(C) a permit for a project located in an area for which a
hardrock mineral permit or lease is available.
(6) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands; and
(G) the United States Virgin Islands.
(b) Improving Domestic Permitting Processes.--
(1) In general.--Notwithstanding any other provision of
law, and except with agreement of the project sponsor, the
total period for all necessary Federal reviews and permit
consideration for a critical mineral project on Federal land
reasonably expected to produce critical minerals may not
exceed--
(A) with respect to a project that requires an
environmental assessment under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)), 18 months; or
(B) with respect to a project that requires an
environmental impact statement under that section, 24 months.
(2) Determination under national environmental policy
act.--
(A) In general.--To the extent that the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applies to the issuance of any mineral exploration or mine
permit relating to a critical mineral project, the lead
agency may deem the requirements of that Act to be satisfied
if the lead agency determines that a State or Federal agency
acting under State or Federal law has addressed the following
factors:
(i) The environmental impact of the action to be conducted
under the permit.
(ii) Possible alternatives to issuance of the permit.
(iii) The relationship between long- and short-term uses of
the local environment and the maintenance and enhancement of
long-term productivity.
(iv) Any irreversible and irretrievable commitment of
resources that would be involved in the proposed action.
(B) Publication.--The lead agency shall publish a
determination under subparagraph (A) not later than 90 days
after receipt of an application for the permit.
(C) Verification.--The lead agency shall publish a
determination that the factors under subparagraph (A) have
been sufficiently addressed and public participation has
occurred with regard to any authorizing actions before
issuing any mineral exploration or mine permit for a critical
mineral project.
(3) Schedule for permitting process.--For any critical
mineral project for which the lead agency cannot make the
determination described in paragraph (2)(A), at the request
of a project sponsor, the lead agency, cooperating agencies,
and any other agencies involved with the mineral exploration
or mine permitting process shall enter into an agreement with
the project sponsor that sets time limits for each part of
the permitting process, including--
(A) the decision on whether to prepare an environmental
impact statement or similar analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(B) a determination of the scope of any environmental
impact statement or similar analysis required under that Act;
(C) the scope of, and schedule for, the baseline studies
required to prepare an environmental impact statement or
similar analysis required under that Act;
(D) preparation of any draft environmental impact statement
or similar analysis required under that Act;
(E) preparation of a final environmental impact statement
or similar analysis required under that Act;
(F) any consultations required under applicable law;
(G) submission and review of any comments required under
applicable law;
(H) publication of any public notices required under
applicable law; and
(I) any final or interim decisions.
(4) Considerations.--In carrying out this subsection, the
lead agency shall consider deferring to, and relying on,
baseline data, analyses, and reviews performed by State
agencies with jurisdiction over the proposed critical mineral
project.
(5) Memorandum of agreement.--The lead agency with respect
to a critical mineral project on Federal land, in
consultation with any other Federal agency with jurisdiction
over the critical mineral project, shall, on request of the
project sponsor, a State or local government, an Indian
Tribe, or another entity the lead agency determines
appropriate, establish a memorandum of agreement with the
project sponsor, a State or local government, an Indian
Tribe, or another entity the lead agency determines
appropriate to carry out the activities described in this
subsection.
(6) Addressing public comments.--As part of the review
process of a critical mineral project under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
the lead agency may not address any agency or public comments
that were not submitted--
(A) during a public comment period or consultation period
provided during the permitting process; or
(B) as otherwise required by law.
______