HR-1937 : Still Just a Bill

National Strategic and Critical Minerals Production Act of 2015

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.

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 (NEPA) 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.

Declares the priority of the lead agency is to maximize mineral resource development while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place.

Prescribes the Federal Register notice process for mineral exploration and mining projects.

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

Bars a civil action claiming legal wrong caused by an agency action unless it is filed by the end of the 60-day period beginning on the date of the final federal agency action to which it relates.

Requires the court to hear and determine any covered civil action as expeditiously as possible.

Prohibits the court, in a covered civil action, 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.

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.

Prohibits construction of this Act as affecting any aspect of Secretarial Order 3324 with respect to potash and oil and gas operators.

Action Timeline

Action DateTypeTextSource
2015-10-26IntroReferralReceived in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.Senate
2015-10-22FloorMotion to reconsider laid on the table Agreed to without objection.House floor actions
2015-10-22VoteOn passage Passed by the Yeas and Nays: 254 - 177 (Roll no. 565).House floor actions
2015-10-22VoteOn motion to recommit with instructions Failed by recorded vote: 184 - 246 (Roll no. 564).House floor actions
2015-10-22FloorThe previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7123)House floor actions
2015-10-22FloorFloor summary: DEBATE - The House proceeded with 10 minutes of debate on the Peters motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to prohibit or limit the agency responsible for issuing a mineral exploration or mine permit from assessing the extent to which the authorized activity contributes to climate change.House floor actions
2015-10-22FloorMr. Peters moved to recommit with instructions to the Committee on Natural Resources. (consideration: CR H7122-7124; text: CR H7122)House floor actions
2015-10-22FloorThe House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text of measure as amended in House: CR H7113-7114)House floor actions
2015-10-22FloorThe previous question was ordered pursuant to the rule. (consideration: CR H7122)House floor actions
2015-10-22FloorThe House rose from the Committee of the Whole House on the state of the Union to report H.R. 1937.House floor actions
2015-10-22FloorThe House resolved into Committee of the Whole House on the state of the Union for further consideration.House floor actions
2015-10-22FloorConsidered as unfinished business. (consideration: CR H7119-7124)House floor actions
2015-10-22FloorCommittee of the Whole House on the state of the Union rises leaving H.R. 1937 as unfinished business.House floor actions
2015-10-22FloorOn motion that the committee rise Agreed to by voice vote.House floor actions
2015-10-22FloorMr. Lamborn moved that the committee rise.House floor actions
2015-10-22FloorPOSTPONED PROCEEDINGS - At the conclusion of debate on the Hastings amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Hastings demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.House floor actions
2015-10-22FloorDEBATE - Pursuant to the provisions of H.Res. 481, the Committee of the Whole House proceeded with 10 minutes of debate on the Hastings amendment No. 5.House floor actions
2015-10-22FloorDEBATE - Pursuant to the provisions of H.Res. 481, the Committee of the Whole House proceeded with 10 minutes of debate on the Pearce amendment No. 4.House floor actions
2015-10-22FloorPOSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Cartwright demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.House floor actions
2015-10-22FloorDEBATE - Pursuant to the provisions of H.Res. 481, the Committee of the Whole House proceeded with 10 minutes of debate on the Cartwright amendment No. 3.House floor actions
2015-10-22FloorPOSTPONED PROCEEDINGS - At the conclusion of debate on the Dingell amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mrs. Dingell demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.House floor actions
2015-10-22FloorDEBATE - Pursuant to the provisions of H.Res. 481, the Committee of the Whole House proceeded with 10 minutes of debate on the Dingell amendment No. 2.House floor actions
2015-10-22FloorPOSTPONED PROCEEDINGS - At the conclusion of debate on the Lowenthal amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes prevailed. Mr. Lowenthal demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.House floor actions
2015-10-22FloorDEBATE - Pursuant to the provisions of H.Res. 481, the Committee of the Whole House proceeded with 10 minutes of debate on the Lowenthal amendment No. 1.House floor actions
2015-10-22FloorGENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1937.House floor actions
2015-10-22FloorThe Speaker designated the Honorable Kenny Marchant to act as Chairman of the Committee.House floor actions
2015-10-22FloorHouse resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 481 and Rule XVIII.House floor actions
2015-10-22FloorRule 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.House floor actions
2015-10-22FloorConsidered under the provisions of rule H. Res. 481. (consideration: CR H7107-7119)House floor actions
2015-10-21FloorRule H. Res. 481 passed House.House floor actions
2015-10-20FloorRules Committee Resolution H. Res. 481 Reported to House. Rule 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.House floor actions
2015-09-08CalendarsPlaced on the Union Calendar, Calendar No. 192.House floor actions
2015-09-08DischargeCommittee on the Judiciary discharged.House floor actions
2015-09-08CommitteeReported by the Committee on Natural Resources. H. Rept. 114-253, Part I.House floor actions
2015-07-09CommitteeSubcommittee on Energy and Mineral Resources Discharged.House committee actions
2015-07-09CommitteeOrdered to be Reported by the Yeas and Nays: 23 - 14.House committee actions
2015-07-09CommitteeCommittee Consideration and Mark-up Session Held.House committee actions
2015-07-08CommitteeCommittee Consideration and Mark-up Session Held.House committee actions
2015-06-25CommitteeSubcommittee Hearings Held.House committee actions
2015-05-19CommitteeReferred to the Subcommittee on Energy and Mineral Resources.House committee actions
2015-05-15CommitteeReferred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.House committee actions
2015-04-22IntroReferralReferred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.House floor actions
2015-04-22IntroReferralReferred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.House floor actions
2015-04-22IntroReferralIntroduced in HouseLibrary of Congress

Policy Area :

Public Lands and Natural Resources
See Subjects
  • Administrative law and regulatory procedures
  • Administrative remedies
  • Civil actions and liability
  • Environmental assessment, monitoring, research
  • Forests, forestry, trees
  • Government information and archives
  • Judicial review and appeals
  • Land use and conservation
  • Legal fees and court costs
  • Licensing and registrations
  • Metals
  • Mining
  • Strategic materials and reserves

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