US Congress House Bill 4402 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 27-1)
Status: Engrossed on July 16 2012 - 50% progression, died in committee
Action: 2012-07-16 - 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 2012 - 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 such action would 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, at a project proponent's request, to enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permit review 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 a request. Requires the lead agency, with respect to strategic and critical materials 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 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) Requires the court to hear and determine any covered civil action as expeditiously as possible. (Sec. 204) 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. 205) 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.

National Strategic and Critical Minerals Production Act of 2012

Rep. Mark Amodei [R-NV]	Rep. Dan Benishek [R-MI]	Rep. Rob Bishop [R-UT]	Rep. Howard Coble [R-NC]
Rep. Mike Coffman [R-CO]	Rep. Michael Conaway [R-TX]	Sen. Jeff Flake [R-AZ]	Rep. Trent Franks [R-AZ]
Sen. Cory Gardner [R-CO]	Rep. Paul Gosar [R-AZ]	Rep. Andy Harris [R-MD]	Rep. Joseph Heck [R-NV]
Rep. Bill Johnson [R-OH]	Rep. Walter Jones [R-NC]	Rep. Raul Labrador [R-ID]	Rep. Doug Lamborn [R-CO]
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. Stevan Pearce [R-NM]	Rep. Denny Rehberg [R-MT]
Rep. Steve Southerland [R-FL]	Rep. Steve Stivers [R-OH]	Rep. Scott Tipton [R-CO]	Rep. Don Young [R-AK]

2012-07-12 - House - On Passage (Y: 256 N: 160 NV: 15 Abs: 0) [PASS]
2012-07-12 - House - On Motion to Recommit with Instructions (Y: 181 N: 231 NV: 19 Abs: 0) [FAIL]
2012-07-12 - House - On Agreeing to the Amendment (Y: 167 N: 248 NV: 16 Abs: 0) [FAIL]
2012-07-12 - House - On Agreeing to the Amendment (Y: 238 N: 178 NV: 15 Abs: 0) [PASS]
2012-07-12 - House - On Agreeing to the Amendment (Y: 163 N: 253 NV: 15 Abs: 0) [FAIL]
2012-07-12 - House - On Agreeing to the Amendment (Y: 162 N: 252 NV: 17 Abs: 0) [FAIL]
2012-07-12 - House - On Agreeing to the Amendment (Y: 162 N: 251 NV: 18 Abs: 0) [FAIL]
2012-07-12 - House - On Passage (Y: 256 N: 160 NV: 15 Abs: 0) [PASS]
2012-07-12 - House - On Motion to Recommit with Instructions (Y: 181 N: 231 NV: 19 Abs: 0) [FAIL]
2012-07-12 - House - On Agreeing to the Amendment (Y: 167 N: 248 NV: 16 Abs: 0) [FAIL]
2012-07-12 - House - On Agreeing to the Amendment (Y: 238 N: 178 NV: 15 Abs: 0) [PASS]
2012-07-12 - House - On Agreeing to the Amendment (Y: 163 N: 253 NV: 15 Abs: 0) [FAIL]
2012-07-12 - House - On Agreeing to the Amendment (Y: 162 N: 252 NV: 17 Abs: 0) [FAIL]
2012-07-12 - House - On Agreeing to the Amendment (Y: 162 N: 251 NV: 18 Abs: 0) [FAIL]

Date	Chamber	Action
2012-07-16	Senate	Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
2012-07-12	House	Motion to reconsider laid on the table Agreed to without objection.
2012-07-12	House	On passage Passed by recorded vote: 256 - 160 (Roll no. 468).
2012-07-12	House	On motion to recommit with instructions Failed by the Yeas and Nays: 181 - 231 (Roll No. 467). (consideration: CR H4854)
2012-07-12	House	The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H4853)
2012-07-12	House	DEBATE - The House continued with debate on the Slaughter motion to recommit with instructions.
2012-07-12	House	DEBATE - The House proceeded with 10 minutes of debate on the Slaughter 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 prohibiting the issuance of permits for mining to persons, corporations or their subsidiaries that have failed to pay any state or federal taxes. The motion also sought to add provisions to Federal mining permits prohibiting the export of strategic and critical minerals to China and Iran, and sought to require, to the extent practicable, that all mining equipment used under mining permits be made in America and to prohibit the holder of the permit from outsourcing American jobs.
2012-07-12	House	Ms. Slaughter moved to recommit with instructions to Natural Resources. (consideration: CR H4852-4854; text: CR H4852)
2012-07-12	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 H4839-4840)
2012-07-12	House	The previous question was ordered pursuant to the rule. (consideration: CR H4852)
2012-07-12	House	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4402.
2012-07-12	House	H.AMDT.1377 On agreeing to the Grijalva amendment (A007) Failed by recorded vote: 167 - 248 (Roll no. 466).
2012-07-12	House	H.AMDT.1374 On agreeing to the Young (AK) amendment (A004) Agreed to by recorded vote: 238 - 178 (Roll no. 465).
2012-07-12	House	H.AMDT.1373 On agreeing to the Markey amendment (A003) Failed by recorded vote: 163 - 253 (Roll no. 464).
2012-07-12	House	H.AMDT.1372 On agreeing to the Hastings (FL) amendment (A002) Failed by recorded vote: 162 - 252 (Roll no. 463).
2012-07-12	House	H.AMDT.1371 On agreeing to the Tonko amendment (A001) Failed by recorded vote: 162 - 251 (Roll no. 462).
2012-07-12	House	UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
2012-07-12	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Grijalva amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Grijalva demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2012-07-12	House	DEBATE - Pursuant to the provisions of H. Res. 726, the Committee of the Whole proceeded with 10 minutes of debate on the Grijalva amendment No. 7.
2012-07-12	House	H.AMDT.1377 Amendment (A007) offered by Mr. Grijalva. (consideration: CR H4847-4848, H4851-4852; text: CR H4847)Amendment sought to exempt from the bill any mineral exploration or mining permit a lead agency determines would diminish opportunities for hunting, fishing, grazing, or recreation on public lands. By protecting the status of hunting, fishing, grazing and other recreational uses on federal lands, the amendment sought to guarantee that the multiple use mandate for federal lands is not compromised by the underlying bill.
2012-07-12	House	H.AMDT.1376 On agreeing to the Hastings (FL) amendment (A006) Failed by voice vote.
2012-07-12	House	DEBATE - Pursuant to the provisions of H. Res. 726, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment No. 6.
2012-07-12	House	H.AMDT.1376 Amendment (A006) offered by Mr. Hastings (FL). (consideration: CR H4846-4847; text: CR H4846)Amendment sought to create an exception for non-profit entities and individuals from the outright elimination (found in Section 205 of H.R. 4402) of the shifting of attorneys fees pursuant to the Equal Access to Justice Act.
2012-07-12	House	H.AMDT.1375 On agreeing to the Cravaack amendment (A005) Agreed to by voice vote.
2012-07-12	House	DEBATE - Pursuant to the provisions of H. Res. 726, the Committee of the Whole proceeded with 10 minutes of debate on the Cravaack amendment No. 5.
2012-07-12	House	H.AMDT.1375 Amendment (A005) offered by Mr. Cravaack. (consideration: CR H4845-4846; text: CR H4845)Amendment allows mining projects that have already applied for a permit and are currently in the permitting process to have access to the new expedited procedures outlined in the bill.
2012-07-12	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Young (AK) amendment, Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Holt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2012-07-12	House	DEBATE - Pursuant to the provisions of H. Res. 726, the Committee of the Whole proceeded with 10 minutes of debate on the Young (AK) amendment No. 4.
2012-07-12	House	H.AMDT.1374 Amendment (A004) offered by Mr. Young (AK). (consideration: CR H4844-4845, H4850-4851; text: CR H4844)Amendment allows the lead agency, as established under the bill, to exempt existing Mineral Prescriptions for strategic and critical materials within federally administered national forests from the procedures detailed at, and all rules promulgated under, part 294 of title 36 of the Code of Federal Regulations. In addition, the amendment extends this exemption to areas integral to access of the Mineral Prescriptions, and the construction, operation, maintenance, and restoration of any existing Mineral Prescriptions.
2012-07-12	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2012-07-12	House	DEBATE - Pursuant to the provisions of H. Res. 726, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment No. 3.
2012-07-12	House	H.AMDT.1373 Amendment (A003) offered by Mr. Markey. (consideration: CR H4842-4844, H4850; text: CR H4842)Amendment sought to require a royalty payment of 12.5% of the value of hardrock minerals mined on federal lands. Revenue generated by the royalty payment would be dedicated to cleaning up abandoned hardrock mines.
2012-07-12	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.
2012-07-12	House	DEBATE - Pursuant to the provisions of H. Res. 726, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment No. 2.
2012-07-12	House	H.AMDT.1372 Amendment (A002) offered by Mr. Hastings (FL). (consideration: CR H4841-4842, H4849-4850; text: CR H4841)Amendment sought to give the lead agency, in the event of new or unforeseen information, the authority to extend by two six-month periods the arbitrary 30 month time limit the bill imposes on permit approval.
2012-07-12	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Tonko amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Tonko demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
2012-07-12	House	DEBATE - Pursuant to the provisions of H. Res. 726, the Committee of the Whole proceeded with 10 minutes of debate on the Tonko amendment No. 1.
2012-07-12	House	H.AMDT.1371 Amendment (A001) offered by Mr. Tonko. (consideration: CR H4840-4841, H4848-4849; text: CR H4840)Amendment sought to narrow the scope of the underlying bill to include strategic and critical minerals only.
2012-07-12	House	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4402.
2012-07-12	House	The Speaker designated the Honorable Shelley Moore Capito to act as Chairwoman of the Committee.
2012-07-12	House	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 726 and Rule XVIII.
2012-07-12	House	Rule provides for consideration of H.R. 4402 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. The resolution makes in order as original text for purpose of amendment the amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-26. All points of order against the amendment in the nature of a substitute are waived.
2012-07-12	House	Considered under the provisions of rule H. Res. 726. (consideration: CR H4831-4855)
2012-07-11	House	Rule H. Res. 726 passed House.
2012-07-10	House	Rules Committee Resolution H. Res. 726 Reported to House. Rule provides for consideration of H.R. 4402 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. The resolution makes in order as original text for purpose of amendment the amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-26. All points of order against the amendment in the nature of a substitute are waived.
2012-07-09	House	Placed on the Union Calendar, Calendar No. 423.
2012-07-09	House	Committee on Judiciary discharged.
2012-07-09	House	Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-583, Part I.
2012-05-16	House	Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 12.
2012-05-16	House	Committee Consideration and Mark-up Session Held.
2012-05-16	House	Subcommittee on Energy and Mineral Resources Discharged.
2012-04-26	House	Subcommittee Hearings Held.
2012-04-19	House	Referred to the Subcommittee on Courts, Commercial and Administrative Law.
2012-04-19	House	Referred to House Judiciary
2012-04-19	House	Referred to the Subcommittee on Energy and Mineral Resources.
2012-04-19	House	Referred to House Natural Resources
2012-04-19	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.

HR726 (Related) 2012-07-11 - Motion to reconsider laid on the table Agreed to without objection.

Type	Source
Summary	https://www.congress.gov/bill/112th-congress/house-bill/4402/all-info
Text	https://www.congress.gov/112/bills/hr4402/BILLS-112hr4402ih.pdf
Text	https://www.congress.gov/112/bills/hr4402/BILLS-112hr4402rh.pdf
Text	https://www.congress.gov/112/bills/hr4402/BILLS-112hr4402eh.pdf
Roll Call	https://clerk.house.gov/Votes/2012462
Roll Call	https://clerk.house.gov/Votes/2012463
Roll Call	https://clerk.house.gov/Votes/2012464
Roll Call	https://clerk.house.gov/Votes/2012465
Roll Call	https://clerk.house.gov/Votes/2012466
Roll Call	https://clerk.house.gov/Votes/2012467
Roll Call	https://clerk.house.gov/Votes/2012468