US Congress House Bill 761 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 56-2)
Status: Engrossed on September 19 2013 - 50% progression, died in committee
Action: 2013-09-19 - Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Pending: Senate Energy And Natural Resources Committee
Text: Latest bill text (Engrossed) [PDF]

National Strategic and Critical Minerals Production Act of 2013 - 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, contractors, and the status and scope of any environmental impact statement. Requires the lead agency to determine that any action to approve an exploration or mine permit does not constitute a major federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (NEPA) if the procedural and substantive safeguards of the lead agency's permitting process alone, any applicable state permitting process alone, or a combination of the two processes together provide an adequate mechanism to ensure that environmental factors are taken into account. Requires the lead agency's project lead, upon request of a project proponent, to enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permitting process. Applies this Act to a 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 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 that 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. (Sec. 104) Prescribes the Federal Register notice process for mineral exploration and mining projects. 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 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. (Sec. 203) 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. (Sec. 204) Requires the court to hear and determine any covered civil action as expeditiously as possible. (Sec. 205) 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. (Sec. 206) Declares inapplicable to such 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) Prohibits the construction of this Act as affecting any aspect of Secretarial Order 3324, issued by the Secretary of the Interior on December 3, 2012, regarding potash, oil, and gas leasing and development within the Designated Potash Area in Eddy and Lea Counties, New Mexico.

National Strategic and Critical Minerals Production Act of 2013

Rep. Mark Amodei [R-NV]	Rep. Michele Bachmann [R-MN]	Rep. Dan Benishek [R-MI]	Rep. Rob Bishop [R-UT]
Rep. Sanford Bishop [D-GA]	Rep. Larry Bucshon [R-IN]	Rep. Jason Chaffetz [R-UT]	Rep. Mike Coffman [R-CO]
Rep. Michael Conaway [R-TX]	Sen. Kevin Cramer [R-ND]	Sen. Steve Daines [R-MT]	Rep. Mario Diaz-Balart [R-FL]
Rep. Jeff Duncan [R-SC]	Rep. Stephen Fincher [R-TN]	Rep. Bill Flores [R-TX]	Rep. Trent Franks [R-AZ]
Sen. Cory Gardner [R-CO]	Rep. Louie Gohmert [R-TX]	Rep. Paul Gosar [R-AZ]	Rep. Tom Graves [R-GA]
Rep. Michael Grimm [R-NY]	Rep. Andy Harris [R-MD]	Rep. Joseph Heck [R-NV]	Rep. Bill Johnson [R-OH]
Rep. Walter Jones [R-NC]	Rep. John Kline [R-MN]	Rep. Raul Labrador [R-ID]	Rep. Doug Lamborn [R-CO]
Rep. Robert Latta [R-OH]	Rep. Billy Long [R-MO]	Rep. Blaine Luetkemeyer [R-MO]	Sen. Cynthia Lummis [R-WY]
Rep. Jim Matheson [D-UT]	Rep. Tom McClintock [R-CA]	Rep. Cathy McMorris Rodgers [R-WA]	Rep. Mark Meadows [R-NC]
Rep. Candice Miller [R-MI]	Rep. Alan Nunnelee [R-MS]	Rep. Stevan Pearce [R-NM]	Rep. Trey Radel [R-FL]
Rep. Mike J. Rogers [R-MI]	Rep. Dana Rohrabacher [R-CA]	Rep. Dennis Ross [R-FL]	Rep. Matt Salmon [R-AZ]
Rep. Aaron Schock [R-IL]	Rep. David Schweikert [R-AZ]	Rep. Austin Scott [R-GA]	Rep. Michael Simpson [R-ID]
Rep. Steve Southerland [R-FL]	Rep. Chris Stewart [R-UT]	Rep. Steve Stivers [R-OH]	Rep. Glenn Thompson [R-PA]
Rep. Scott Tipton [R-CO]	Rep. Tim Walberg [R-MI]	Rep. Greg Walden [R-OR]	Rep. Randy Weber [R-TX]
Rep. Lynn Westmoreland [R-GA]	Rep. Don Young [R-AK]

2013-09-18 - House - On Passage (Y: 246 N: 178 NV: 8 Abs: 0) [PASS]
2013-09-18 - House - On Motion to Recommit with Instructions (Y: 197 N: 229 NV: 6 Abs: 0) [FAIL]
2013-09-18 - House - On Agreeing to the Amendment (Y: 191 N: 235 NV: 6 Abs: 0) [FAIL]
2013-09-18 - House - On Agreeing to the Amendment (Y: 186 N: 240 NV: 6 Abs: 0) [FAIL]
2013-09-18 - House - On Agreeing to the Amendment (Y: 189 N: 237 NV: 6 Abs: 0) [FAIL]
2013-09-18 - House - On Agreeing to the Amendment (Y: 187 N: 241 NV: 4 Abs: 0) [FAIL]

Date	Chamber	Action
2013-09-19	Senate	Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
2013-09-18	House	Motion to reconsider laid on the table Agreed to without objection.
2013-09-18	House	On passage Passed by recorded vote: 246 - 178 (Roll no. 471).
2013-09-18	House	On motion to recommit with instructions Failed by recorded vote: 197 - 229 (Roll no. 470). (consideration: CR H5622-5623)
2013-09-18	House	The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5622)
2013-09-18	House	DEBATE - The House proceeded with 10 minutes of debate on the Cicilline motion to recommit with instructions. The instructions contained in the motion seek to require the House to report the bill to be reported back to the House with an amendment to add a section to the bill containing prohibitions regarding China and Iran.
2013-09-18	House	Mr. Cicilline moved to recommit with instructions to Natural Resources. (consideration: CR H5621-5623; text: CR H5621)
2013-09-18	House	The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H5611-5612)
2013-09-18	House	The previous question was ordered pursuant to the rule. (consideration: CR H5621)
2013-09-18	House	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 761.
2013-09-18	House	H.AMDT.466 On agreeing to the Hastings (FL) amendment (A004) Failed by recorded vote: 191 - 235 (Roll no. 469).
2013-09-18	House	H.AMDT.465 On agreeing to the Connolly amendment (A003) Failed by recorded vote: 186 - 240 (Roll no. 468).
2013-09-18	House	H.AMDT.464 On agreeing to the Veasey amendment (A002) Failed by recorded vote: 189 - 237 (Roll no. 467).
2013-09-18	House	H.AMDT.463 On agreeing to the Lowenthal amendment (A001) Failed by recorded vote: 187 - 241 (Roll no. 466).
2013-09-18	House	UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which had been debated earlier and on which further proceedings had been postponed.
2013-09-18	House	The House resolved into Committee of the Whole House on the state of the Union for further consideration.
2013-09-18	House	Considered as unfinished business. (consideration: CR H5618-5624)
2013-09-18	House	Committee of the Whole House on the state of the Union rises leaving H.R. 761 as unfinished business.
2013-09-18	House	On motion that the committee rise Agreed to by voice vote.
2013-09-18	House	Mr. Lamborn moved that the committee rise.
2013-09-18	House	H.AMDT.467 On agreeing to the Pearce amendment (A005) Agreed to by voice vote.
2013-09-18	House	DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Pearce amendment.
2013-09-18	House	H.AMDT.467 Amendment (A005) offered by Mr. Pearce. (consideration: CR H5617-5618; text: CR H5617)An amendment numbered 5 printed in House Report 113-214 to clarify the intention of the bill that it will not impact Secretarial Order 3324, as it relates to oil/gas and potash.
2013-09-18	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Hastings (FL) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hastings (FL) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2013-09-18	House	DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (Fl) amendment.
2013-09-18	House	H.AMDT.466 Amendment (A004) offered by Mr. Hastings (FL). (consideration: CR H5616-5617, H5620-5621; text: CR H5617)Amendment sought to require that the cost of cleanup be included in financial assurance and that financial insurance instruments shall be in the form of a surety bond, letter of credit or other instrument that would routinely be accepted in commerce.
2013-09-18	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Connolly demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2013-09-18	House	DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly amendment.
2013-09-18	House	H.AMDT.465 Amendment (A003) offered by Mr. Connolly. (consideration: CR H5615-5616, H5620; text: CR H5615)Amendment sought to require mineral exploration and mining projects to be subjected to an Environmental Impact Statement review prior to approval and sought to remove the arbitrary limit on the time frame for such reviews.
2013-09-18	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Veasey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Veasey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2013-09-18	House	DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Veasey amendment.
2013-09-18	House	H.AMDT.464 Amendment (A002) offered by Mr. Veasey. (consideration: CR H5614-5615, H5619-5620; text: CR H5614)An amendment numbered 2 printed in House Report 113-214 to designate the Secretary of Interior to publish no later than 60 days after enactment of the bill a list of `Strategic and Critical Minerals' for the purpose of the bill. The Secretary must update the list every 5 years.
2013-09-18	House	POSTPONED 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 had 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.
2013-09-18	House	DEBATE - Pursuant to the provisions of H.Res. 347, the Committee of the Whole proceeded with 10 minutes of debate on the Lowenthal amendment.
2013-09-18	House	H.AMDT.463 Amendment (A001) offered by Mr. Lowenthal. (consideration: CR H5612-5614, H5618-5619; text: CR H5612-5613)Amendment sought to clarify that the definition of Strategic and Critical Minerals includes only the minerals identified by the National Research Council (NRC) as strategic and critical minerals (and any additional minerals added by the Secretary that meet the NRCs criteria). Amendment also sought to clarify that the definition of Mineral Exploration or Mine Permit in the underlying legislation refers only to mineral exploration or mine permit for strategic and critical minerals.
2013-09-18	House	Subsequently, the Committee resumed its sitting.
2013-09-18	House	The Committee of the Whole rose informally to receive a message from the President.
2013-09-18	House	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 761.
2013-09-18	House	The Speaker designated the Honorable Jeff Fortenberry to act as Chairman of the Committee.
2013-09-18	House	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 347 and Rule XVIII.
2013-09-18	House	Rule provides for consideration of H.R. 761 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.
2013-09-18	House	Considered under the provisions of rule H. Res. 347. (consideration: CR H5606-5609, H5609-5618)
2013-09-18	House	Rule H. Res. 347 passed House.
2013-09-17	House	Rules Committee Resolution H. Res. 347 Reported to House. Rule provides for consideration of H.R. 761 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.
2013-07-09	House	Rules Committee Resolution H. Res. 292 Reported to House. Rule provides for consideration of H.R. 761 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.
2013-07-08	House	Placed on the Union Calendar, Calendar No. 100.
2013-07-08	House	Committee on Judiciary discharged.
2013-07-08	House	Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-138, Part I.
2013-05-15	House	Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 17.
2013-05-15	House	Committee Consideration and Mark-up Session Held.
2013-05-15	House	Subcommittee on Energy and Mineral Resources Discharged.
2013-04-08	House	Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
2013-03-21	House	Subcommittee Hearings Held.
2013-03-01	House	Referred to the Subcommittee on Energy and Mineral Resources.
2013-02-15	House	Referred to House Judiciary
2013-02-15	House	Referred to House Natural Resources
2013-02-15	House	Referred 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.

HR292 (Related) 2013-08-01 - Pursuant to the provisions of H. Res. 322, H. Res. 292 is laid on the table.
HR347 (Related) 2013-09-18 - Motion to reconsider laid on the table Agreed to without objection.
HB4 (Related) 2014-11-13 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 597.

Type	Source
Summary	https://www.congress.gov/bill/113th-congress/house-bill/761/all-info
Text	https://www.congress.gov/113/bills/hr761/BILLS-113hr761ih.pdf
Text	https://www.congress.gov/113/bills/hr761/BILLS-113hr761rh.pdf
Text	https://www.congress.gov/113/bills/hr761/BILLS-113hr761eh.pdf
Roll Call	https://clerk.house.gov/Votes/2013466
Roll Call	https://clerk.house.gov/Votes/2013467
Roll Call	https://clerk.house.gov/Votes/2013468
Roll Call	https://clerk.house.gov/Votes/2013469
Roll Call	https://clerk.house.gov/Votes/2013470
Roll Call	https://clerk.house.gov/Votes/2013471