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H.R. 4402—National Strategic and Critical Minerals Production Act of 2012

H.R. 4402 - National Strategic and Critical Minerals Production Act of 2012

Bill Text

Text of H.R. 4402 PDF

National Strategic and Critical Minerals Production Act of 2012 [Rules Committee Print 112-26, showing the text as ordered reported by the Committee on Natural Resources]

Text of H. Rept. 112-582 Part 1 PDFXML

Report from the Committee on Natural Resources

Rule Information

 

COMMITTEE ACTION:
REPORTED BY VOICE VOTE on Tuesday, July 10, 2012.

FLOOR ACTION ON H. RES. 726: 
Adopted by record vote of 245-180 on Wednesday, July 11, 2012. 

MANAGERS: Bishop (UT)/Polis

1. Structured rule.

2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources.

3. Waives all points of order against consideration of the bill.

4. 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 and provides that it shall be considered as read.

5. Waives all points of order against the amendment in the nature of a substitute.

6. Makes in order only those amendment printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

7. Waives all points of order against the amendments printed in the report.

8. Provides one motion to recommit with or without instructions.

Amendments (click each header to sort table by that column)

#Version #Sponsor(s)PartySummaryStatus
8Version 1Bonamici (OR), Waters (CA), Berman (CA), Moran, James (VA)DemocratWould prohibit issuance of mineral exploration or mine permit under the Act to a person found to be in violation of Sections 13(p) or 13(q) of the Securities and Exchange Act of 1934, regarding trafficking in conflict minerals.Submitted
9Version 1Boswell (IA)DemocratWould clarifiy the definition of “strategic and critical minerals” to specifically include Rare Earth Elements, or any mineral identified by the Department of Defense, the Department of Energy, or the U.S. Geological Survey as a critical or necessary mineral vulnerable to current of future supply shortages/disruptions.Submitted
7Version 1Cravaack (MN)RepublicanWould allow projects that have already applied for a permit access to the new expedited process under the bill.Made In Order
6Version 1Grijalva, Raul (AZ)DemocratWould 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 will guarantee that the multiple use mandate for federal lands is not compromised by the underlying bill.Made In Order
10Version 1Hastings, Alcee (FL)DemocratWould 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.Made In Order
11Version 1Hastings, Alcee (FL)DemocratWould 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.Made In Order
4Version 1Holt (NJ)DemocratWould, as a condition of a new mining permit, require disclosure of federal political contributions made by the applicant during the preceding five years.Submitted
5Version 2Kucinich (OH)DemocratWithdrawn Would require the Secretary of the Department of Health and Human Services to determine the risks to the surrounding communities of cancers, birth defects and other major health problems posed by projects covered by the bill.Withdrawn
2Version 1Markey, Edward (MA)DemocratWould 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.Made In Order
1Version 2Tonko (NY)DemocratRevised Would narrow the scope of the underlying bill to include strategic and critical minerals only.Made In Order
3Version 2Young, Don (AK)RepublicanRevised Would allow the lead agency, as established under this 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 for Federal Regulations. In addition, the amendment would extend this exemption to areas integral to access of the Mineral Prescriptions, and the construction, operation, maintenance, and restoration of any existing Mineral Prescriptions.Made In Order

Committee Votes

Rules Committee Record Vote No. 330

Motion by Mr. McGovern to report an open rule. Defeated: 4-8

Majority Members
Vote
Minority Members
Vote

Rules Committee Record Vote No. 331

Motion by Mr. McGovern to make in order and provide the appropriate waivers for amendment #8, offered by Rep. Bonamici (OR), Rep. Waters (CA), Rep. Berman (CA) and Rep. Moran (VA), which would prohibit issuance of mineral exploration or mine permit under the Act to a person found to be in violation of Sections 13(p) or 13(q) of the Securities and Exchange Act of 1934, regarding trafficking in conflict minerals. Defeated: 4-8

Majority Members
Vote
Minority Members
Vote