HR 1937 · 114th Congress 2015–2017, ended

National Strategic and Critical Minerals Production Act of 2015

Introduced Apr 22, 2015 Originated House Sponsor Mark E. Amodei R-NV

Fact sheet Spreadsheet

Latest action · Oct 26, 2015 Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedApr 22, 2015
  2. Passed HouseOct 22, 2015
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

National Strategic and Critical Minerals Production Act of 2015

TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL MINERALS

(Sec. 101) Deems a domestic mine that will provide strategic and critical minerals to be an "infrastructure project" as described in Presidential Order "Improving Performance of Federal Permitting and Review of Infrastructure Projects" dated March 22, 2012.

(Sec. 102) Sets forth the responsibilities of the lead agency (federal, state, local, tribal, or Alaska Native Corporation) with responsibility for issuing a mineral exploration or mine permit with respect to project coordination, agency consultation, project proponents, and contractors.

Deems the requirements of National Environmental Policy Act of 1969 to have been satisfied if the lead agency determines that any state or federal agency acting pursuant to state or federal statutory or procedural authorities, has or will address specified factors.

Requires the lead agency, if it cannot make such a determination, and at a project proponent's request, together with cooperating and other agencies involved in the permitting process to enter into an agreement with the project proponent that sets time limits for each part of the permitting process.

Applies this Act to any mineral exploration or mine permit for which an application was submitted before enactment of this Act if the applicant so requests in writing. Requires the lead agency to begin implementing this Act with respect to such application within 30 days after receiving such a request.

Requires the lead agency, with respect to strategic and critical minerals within a federally administered unit of the National Forest System, to: (1) exempt from federal regulations governing Special Areas all areas of identified mineral resources in Land Use Designations (other than Non-Development Land Use Designations); (2) apply such exemption to all additional routes and areas that the agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of the identified mineral resources; and (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit.

(Sec. 103) Declares the priority of the lead agency, in evaluating and issuing any mineral exploration or mine permit, is to maximize mineral resource development while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place.

(Sec. 104) Prescribes the Federal Register notice process for mineral exploration and mining projects. Requires each notice to undergo any required reviews within the Department of the Interior or the Department of Agriculture and to be published in its final form in the Federal Register at least 30 days after its initial preparation, absent any extraordinary circumstance or except as otherwise required by any Act of Congress.

TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND MINE PERMITS

(Sec. 202) Bars a civil action claiming legal wrong caused by an agency action affecting a mineral exploration or mine permit unless such claim is filed no later than 60 days after the date of the final federal agency action to which it relates.

(Sec. 203) Authorizes the holder of a mineral exploration or mine permit to intervene as of right in any such civil action by a person affecting rights or obligations of the permit holder under the permit.

(Sec. 204) Requires the court to hear and determine any such civil action as expeditiously as possible.

(Sec. 205) Prohibits the court from granting or approving prospective relief unless it finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct such violation.

(Sec. 206) Declares inapplicable to such a civil action specified requirements of the Equal Access to Justice Act relating to award of costs and fees to a prevailing plaintiff. Prohibits payment from the federal government for court costs of a party in such a civil action, including attorneys' fees and expenses.

TITLE III--MISCELLANEOUS PROVISIONS

(Sec. 301) Declares this Act inapplicable to any mineral described in Secretarial Order No. 3324, issued by the Department of the Interior on December 3, 2012, in any area to which the order applies.

Recorded votes 6

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 565Passed254–177Oct 22, 2015
House 564Failed184–246Oct 22, 2015
House 563Failed183–246Oct 22, 2015
House 562Failed184–245Oct 22, 2015
House 561Failed181–248Oct 22, 2015
Show all 6 votes

Cosponsors 48

Members who signed on, in the order they did. Signatures ran from Apr 22, 2015 to Jul 27, 2015; 37 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-WVAlexander X. MooneyOriginalApr 22, 2015
R-KYAndy BarrOriginalApr 22, 2015
R-TXBill FloresOriginalApr 22, 2015
R-MOBlaine LuetkemeyerOriginalApr 22, 2015
R-WACathy McMorris RodgersOriginalApr 22, 2015
R-TNCharles J. "Chuck" FleischmannOriginalApr 22, 2015
R-UTChris StewartOriginalApr 22, 2015
R-NVCresent HardyOriginalApr 22, 2015
R-WYCynthia M. LummisOriginalApr 22, 2015
R-MIDan BenishekOriginalApr 22, 2015
R-WADan NewhouseOriginalApr 22, 2015
R-AKDon YoungOriginalApr 22, 2015
R-CADoug LaMalfaOriginalApr 22, 2015
R-WIF. James Sensenbrenner, Jr.OriginalApr 22, 2015
R-PAGlenn ThompsonOriginalApr 22, 2015
Show all 48 cosponsors

Committees 3

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseNatural Resources Committee
Referred Apr 22, 2015Markup Jul 9, 2015Reported Sep 8, 2015
Energy and Mineral Resources Subcommittee
Referred May 19, 2015Hearings Jun 25, 2015Discharged Jul 9, 2015
HouseJudiciary Committee
Referred Apr 22, 2015Discharged Sep 8, 2015
Administrative State, Regulatory Reform, and Antitrust Subcommittee
Referred May 15, 2015
SenateEnergy and Natural Resources Committee
Referred Oct 26, 2015

Actions 43

Everything that happened, newest first.

  1. Oct 26, 2015Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
  2. Oct 22, 2015Considered under the provisions of rule H. Res. 481. (consideration: CR H7107-7119)
  3. Oct 22, 2015Rule provides for consideration of H.R. 1937 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
  4. Oct 22, 2015House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 481 and Rule XVIII.
  5. Oct 22, 2015The Speaker designated the Honorable Kenny Marchant to act as Chairman of the Committee.
Show all 43 actions

In the Congressional Record 4

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E1521Earl Blumenauer D-OROct 23, 2015
HouseDebate and remarks H7107–H7124Text printed H7113Amendments H7114, H7115, H7116, H7117, H7118Motions H7122Recorded votes H7120, H7121, H7122, H7123, H7124Cartwright amendment (allow judicial review and awarding of attorney fees recoverable under Equal Access to Justice Act)Lowenthal amendment (clarify definition of ‘‘strategic and critical minerals’’ as only minerals identified by National Research Council as strategic and critical)enactHastings amendment (require proposed projects to meet certain domestic supply and demand milestones and notification of intent to sell such minerals outside the U.S.)Peters motion to recommit (ensure projects to promote domestic production of critical minerals and materials will assess how project may contribute to climate change)Alan S. Lowenthal D-CA (amendment), Alcee L. Hastings D-FL (amendment), Cynthia M. Lummis R-WY, Dan Benishek R-MI, Debbie Dingell D-MI (amendment), Don Young R-AK, Doug Lamborn R-CO, Henry C. "Hank" Johnson, Jr. D-GA, Mark E. Amodei R-NV, Matt Cartwright D-PA (amendment), Paul A. Gosar R-AZ, Rob Bishop R-UT, Scott H. Peters D-CA (motion), Stevan Pearce R-NM (amendment)Oct 22, 2015
HouseDebate and remarks H7047–H7050Text printed H7047Amendments H7050Recorded votes H7052, H7053consideration (H. Res. 481), previous questionDan Newhouse R-WA, Jared Polis D-CO (amendment)Oct 21, 2015
HouseDeclaratory Statements H7028—Oct 20, 2015

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Aug 7, 2015H.R. 1937, National Strategic and Critical Minerals Production Act of 2015As ordered reported by the House Committee on Natural Resources on July 9, 2015

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: The constitutional authority of Congress to enact this legislation is provided by Article I, Section 8 of the United States Constitution, specifically clause 1 (relating to providing for the general welfare of the United States) and clause 18 (relating to the power to make all laws necessary and proper for carrying out the powers vested in Congress), and Article IV, Section 3, Clause 2 (relating to the power of Congress to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States).

The sponsor’s statement, as printed in the Congressional Record, vol. 161, no. 59, April 22, 2015, page H2418.

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

Amendments 5

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 724Amendment sought to replace the bill's definition of "strategic and critical minerals" with the accepted definition from the National Research Council.Alan S. Lowenthal D-CAOn agreeing to the Lowenthal amendment (A001) Failed by recorded vote: 176 - 253 (Roll no. 560).
HAmdt 725Amendment sought to strike the functional equivalence provisions of the bill and to clarify that all mine explorations or permits would be considered major Federal actions requiring an environmental impact statement under NEPA.Debbie Dingell D-MIOn agreeing to the Dingell amendment (A002) Failed by recorded vote: 181 - 248 (Roll no. 561).
HAmdt 726Amendment sought to strike title II of the bill that would limit judicial review of agency actions and prevent the awarding of attorney's fees under the Equal Access to Justice Act.Matt Cartwright D-PAOn agreeing to the Cartwright amendment (A003) Failed by recorded vote: 184 - 245 (Roll no. 562).
HAmdt 727Amendment clarifies that the bill will not affect Secretarial Order 3324 issued by the Department of the Interior which relates to the oil, gas and potash industries.Stevan Pearce R-NMOn agreeing to the Pearce amendment (A004) Agreed to by voice vote.
HAmdt 728Amendment sought to require proposed "strategic and critical minerals" projects to demonstrate that domestic capacity to produce "strategic and critical minerals" is less than 80 percent of domestic requirements and also sought to require that unless or until the domestic capacity for a "strategic and critical mineral" product exceeds 80 percent of domestic requirements, the public will be notified of the intent to transport or sell any final or intermediate "strategic and critical mineral" products outside the United States.Alcee L. Hastings D-FLOn agreeing to the Hastings amendment (A005) Failed by recorded vote: 183 - 246 (Roll no. 563).

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HRES 481Providing for consideration of the bill (H.R. 1937) to require the Secretary of the Interior and the Secretary of Agriculture to more efficiently develop domestic sources of the minerals and mineral materials of strategic and critical importance to United States economic and national security and manufacturing competitiveness.Procedurally relatedOct 21, 2015
S 2012Energy Policy Modernization Act of 2016Related billSep 8, 2016

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To require the Secretary of the Interior and the Secretary of Agriculture to more efficiently develop domestic sources of the minerals and mineral materials of strategic and critical importance to United States economic and national security and manufacturing competitiveness.
Short Titles as Introduced
National Strategic and Critical Minerals Production Act of 2015
Short Titles as Reported to House
National Strategic and Critical Minerals Production Act of 2015
Short Titles as Passed House
National Strategic and Critical Minerals Production Act of 2015

Subjects

Assigned by the Library of Congress. Policy area: Public Lands and Natural Resources.

Text 4

Each version as it was printed, newest first.

  1. Oct 26, 2015Referred in Senate
  2. Oct 22, 2015Engrossed in House
  3. Sep 8, 2015Reported in House
  4. Apr 22, 2015Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.