Permitting process improvements

(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) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3) Mineral The term mineral means any mineral subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872) (30 U.S.C. 22 et seq.), and minerals located on lands acquired by the United States (as defined in section 2 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351)). (4) Secretary The term Secretary means the Secretary of the Interior. (5) 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) Minerals supply chain and reliability Section 40206 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1607) is amended— (1) in the section heading, by striking Critical minerals and inserting Minerals; (2) by striking subsection (a) and inserting the following: (a) Definitions In this section: (1) Lead agency The term lead agency means the Federal agency with primary responsibility for issuing a mineral exploration or mine permit or lease for a mineral project. (2) Mineral The term mineral has the meaning given the term in section 2006(a) of the Let America Build Act of 2026. (3) 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 exploration for minerals that require analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) a plan of operations for a mineral project approved by the Bureau of Land Management or the Forest Service; or (C) any other Federal permit or authorization for a mineral project. (4) Mineral project The term mineral project means a project that— (A) is located on— (i) a mining claim, millsite claim, or tunnel site claim for any mineral; (ii) lands open to mineral entry; or (iii) a Federal mineral lease; and (B) is for the purposes of exploring for or producing minerals.; (3) in subsection (b), by striking critical each place it appears; (4) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by striking critical mineral production on Federal land and inserting mineral projects; and (ii) by striking practicable, shall complete the and inserting practicable, and in accordance with subsection (h), shall complete those; (B) in paragraph (1), by striking critical mineral-related activities on Federal land and inserting mineral projects; (C) in paragraph (8), by striking and at the end; (D) in paragraph (9), by striking the period at the end and inserting; and; and (E) by adding at the end the following: (10) deferring to and relying on baseline data, analyses, and reviews performed by State agencies with jurisdiction over the environmental or reclamation permits for the proposed mineral project.; (5) in subsection (d)— (A) by striking critical each place it appears; and (B) in paragraph (3), in the matter preceding subparagraph (A), by striking mineral-related activities on Federal land and inserting mineral projects; (6) in subsection (e), by striking critical; (7) in subsection (f), by striking critical each place it appears; (8) in subsection (g), by striking critical; and (9) by adding at the end the following: (h) Other requirements (1) Memorandum of agreement To maximize efficiency and effectiveness of the Federal permitting and review processes described in subsection (c), the lead agency in the Federal permitting and review processes of a mineral project shall enter into a memorandum of agreement with a project applicant on request by the applicant to carry out the activities described in that subsection. (2) Consultation A lead agency described in paragraph (1) shall carry out that paragraph in consultation with— (A) any other Federal agency involved in the applicable Federal permitting and review processes; and (B) on request of the project applicant, an affected State government, local government, Indian Tribe, or other entity that the lead agency determines appropriate. (3) Timelines and schedules (A) Deadlines Any timeline or schedule established under subsection (c)(1) relating to a review under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall require that the review process not exceed— (i) 1 year for an environmental assessment; and (ii) 2 years for an environmental impact statement. (B) Extension A project applicant may enter into 1 or more agreements with a lead agency to extend 1 or more of the deadlines described in subparagraph (A) by not more than 6 months. (C) Adjustment of timelines At the request of a project applicant, the lead agency and any other entity that is a signatory to a memorandum of agreement under paragraph (1) may, by unanimous agreement, adjust— (i) any deadlines described in subparagraph (A); and (ii) any deadlines extended under subparagraph (B). (D) Deadline for issuance of authorizations For a proposed agency action with a timeline or schedule established under subsection (c)(1) and a review process established in accordance with subparagraph (A), the record of decision prepared for the proposed agency action and all authorizations required under any other Federal law with respect to the proposed agency action shall be issued not later than 90 days after the date on which the applicable environmental impact statement or environmental assessment is published in the Federal Register. (4) Document prepared by project applicant The lead agency with respect to a mineral project may adopt an environmental impact statement or environmental assessment prepared by or for a project applicant with respect to the mineral project if that document fulfills the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (5) Effect on pending applications On a written request by a project applicant, the requirements of this subsection shall apply to any application for a mineral exploration or mine permit or mineral lease that was submitted before the date of enactment of the Let America Build Act of 2026.. (c) Federal register process improvement Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is amended— (1) in paragraph (2), by striking critical in each place it appears; and (2) by striking paragraph (4). (d) Designation of mining as a covered sector for Federal permitting improvement purposes Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is amended in the matter preceding clause (i) by inserting minerals production, before or any other sector. (e) Mineral exploration activities with limited surface disturbance (1) Definition of Secretary concerned In this subsection, the term Secretary concerned means— (A) the Secretary, with respect to land under the jurisdiction of the Secretary; or (B) the Secretary of Agriculture, with respect to land of the National Forest System. (2) Notice An operator may submit to the Secretary concerned a notice requesting to carry out mineral exploration activities other than casual use, which shall include a description of the mineral exploration activities and subsequent reclamation activities intended to be carried out. (3) Approval Notwithstanding any other provision of law, not later than 15 calendar days after receiving a notice under paragraph (2), the Secretary concerned shall allow the activities described in the notice to proceed if— (A) the surface disturbance on Federal land will not exceed 25 acres; (B) the Secretary concerned determines that the notice is complete; and (C) financial assurance is provided. (f) Hardrock mining mill sites (1) Multiple mill sites Section 2337 of the Revised Statutes (30 U.S.C. 42) is amended by adding at the end the following: (c) Additional mill sites (1) Definitions In this subsection: (A) Mill site The term mill site means a location of public land that is reasonably necessary for waste rock or tailings disposal or other operations reasonably incident to mineral development on, or production from land included in a plan of operations. (B) Operations; Operator The terms operations and operator have the meanings given those terms in section 3809.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection). (C) Plan of operations The term plan of operations means a plan of operations that an operator must submit and the Secretary of the Interior or the Secretary of Agriculture, as applicable, must approve before an operator may begin operations, in accordance with, as applicable— (i) subpart 3809 of part 3800 of title 43, Code of Federal Regulations (or successor regulations establishing application and approval requirements); and (ii) part 228 of title 36, Code of Federal Regulations (or successor regulations establishing application and approval requirements). (D) Public land The term public land means land owned by the United States that is open to location under sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.), including— (i) land that is mineral-in-character (as defined in section 3830.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection)); (ii) nonmineral land (as defined in section 3830.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this subsection)); and (iii) land where the mineral character has not been determined. (2) Use of public land Notwithstanding subsections (a) and (b), where public land is needed by the proprietor of a lode or placer claim for operations in connection with any lode or placer claim within the proposed plan of operations, the proprietor may— (A) locate and include within the plan of operations as many mill site claims under this subsection as are reasonably necessary for its operations; and (B) use or occupy public land in accordance with an approved plan of operations. (3) Mill sites convey no mineral rights A mill site under this subsection does not convey mineral rights to the locator. (4) Size of mill sites A location of a single mill site under this subsection shall not exceed 5 acres. (5) Mill site and lode or placer claims on same tracts of public land A mill site may be located under this subsection on a tract of public land on which the claimant or operator maintains a previously located lode or placer claim. (6) Effect on mining claims The location of a mill site under this subsection shall not affect the validity of any lode or placer claim, or any rights associated with such a claim. (7) Patenting A mill site under this subsection shall not be eligible for patenting. (8) Savings provisions Nothing in this subsection— (A) diminishes any right (including a right of entry, use, or occupancy) of a claimant; (B) creates or increases any right (including a right of exploration, entry, use, or occupancy) of a claimant on land that is not open to location under the general mining laws; (C) modifies any provision of law or any prior administrative action withdrawing land from location or entry; (D) limits the right of the Federal Government to regulate mining and mining-related activities (including requiring claim validity examinations to establish the discovery of a valuable mineral deposit) in areas withdrawn from mining, including under— (i) the general mining laws; (ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (iii) the Wilderness Act (16 U.S.C. 1131 et seq.); (iv) subchapter III of chapter 1007 of title 54, United States Code; (v) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (vi) division A of subtitle III of title 54, United States Code (commonly referred to as the ‘National Historic Preservation Act’); or (vii) section 4 of the Act of July 23, 1955 (commonly known as the Surface Resources Act of 1955) (69 Stat. 368, chapter 375; 30 U.S.C. 612); (E) restores any right (including a right of entry, use, or occupancy, or right to conduct operations) of a claimant that— (i) existed prior to the date on which the land was closed to, or withdrawn from, location under the general mining laws; and (ii) that has been extinguished by such closure or withdrawal; or (F) modifies section 404 of division E of the Consolidated Appropriations Act, 2024 (Public Law 118–42; 138 Stat. 284).. (2) Abandoned hardrock mine fund (A) Establishment There is established in the Treasury of the United States a separate account, to be known as the Abandoned Hardrock Mine Fund (referred to in this paragraph as the Fund). (B) Source of deposits Any amounts collected by the Secretary of the Interior pursuant to the claim maintenance fee under section 10101(a)(1) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f(a)(1)) on mill sites located under subsection (c) of section 2337 of the Revised Statutes (30 U.S.C. 42) shall be deposited into the Fund. (C) Use The Secretary of the Interior may make expenditures from amounts available in the Fund, without further appropriations, only to carry out section 40704 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245). (D) Allocation of funds Amounts made available under subparagraph (C)— (i) shall be allocated in accordance with paragraph (1) of section 40704(e) of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245(e)); and (ii) may be transferred in accordance with paragraph (2) of that section. (3) Clerical amendments Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended— (A) by striking the Mining Law of 1872 (30 U.S.C. 28–28e) each place it appears and inserting sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.); (B) in subsection (a)— (i) in paragraph (1)— (I) in the second sentence, by striking Such claim maintenance fee and inserting the following: (B) Fee The claim maintenance fee under subparagraph (A); and (II) in the first sentence, by striking The holder of and inserting the following: (A) In general The holder of; and (ii) in paragraph (2)— (I) in the second sentence— (aa) by striking the Mining Law of 1872 (30 U.S.C. 28 to 28e) and inserting sections 2319 through 2344 of the Revised Statutes (30 U.S.C. 22 et seq.); and (bb) by striking Such claim maintenance fee and inserting the following: (B) Fee The claim maintenance fee under subparagraph (A); and (II) in the first sentence, by striking The holder of and inserting the following: (A) In general The holder of; and (C) in subsection (b)— (i) in the second sentence, by striking The location fee and inserting the following: (2) Fee The location fee; and (ii) in the first sentence, by striking The claim main tenance fee and inserting the following: (1) In general The claim maintenance fee. (g) Limitation on judicial review (1) In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a lead agency (as defined in section 40206(a) of the Infrastructure Investment and Jobs Act (30 U.S.C. 1607(a))) for a mining project shall be barred unless it is filed not later than 60 days after the date of publication of a notice in the Federal Register announcing that the permit, license, or approval is final in accordance with the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed. (2) Savings clause Nothing in this subsection— (A) establishes a right to judicial review; or (B) places any limit on filing a claim that a person has violated the terms of a permit, license, or approval. (h) Remand Notwithstanding any other provision of law, no approval of a mineral exploration or mine permit (as defined in section 40206(a) of the Infrastructure Investment and Jobs Act (30 U.S.C. 1607(a))) shall be vacated or otherwise limited, delayed, or enjoined unless the applicable court concludes that— (1) allowing the proposed action will pose a risk of an imminent and substantial environmental harm; and (2) there is no other equitable remedy available as a matter of law.