HR1501-119

What This Bill Does

The Protecting Domestic Mining Act changes federal permitting rules for mining projects. It amends the FAST Act covered-project definition by inserting mining into the list of sectors eligible for Title 41 permitting coverage. It also prohibits the Federal Permitting Improvement Steering Council from finalizing, implementing, administering, or enforcing the proposed rule titled "Revising Scope of the Mining Sector of Projects That Are Eligible for Coverage Under Title 41 of the Fixing America's Surface Transportation Act," published at 88 Federal Register 65350 on September 22, 2023. The practical effect is to put mining explicitly in the statute's covered-project definition while blocking the Council's pending rule on how mining projects qualify for FAST Act permitting coverage.

Who Benefits and How

Mining companies benefit because mining is expressly added to the FAST Act covered-project definition. Domestic mineral developers benefit from clearer eligibility for federal permitting coordination under Title 41. Investors in mining projects benefit from reduced uncertainty over whether mining projects can use FAST Act covered-project processes. State and local economies tied to mining benefit if projects receive more predictable federal permitting treatment. Critical-mineral supply-chain advocates benefit from a statutory path for mining projects to enter the federal permitting coordination system.

Who Bears the Burden and How

The Federal Permitting Improvement Steering Council must stop the September 2023 mining-scope proposed rule and cannot implement or enforce it. Federal permitting agencies must treat mining as an expressly listed sector when considering covered-project eligibility. Environmental advocates and communities concerned about mining impacts may face broader mining access to FAST Act permitting coordination. Council staff and agency lawyers must adjust guidance and rulemaking plans to comply with the statutory prohibition.

Key Provisions

• Adds mining to the FAST Act covered-project definition.
• Makes mining projects expressly eligible as a sector for Title 41 federal permitting coverage.
• Blocks the September 22, 2023 proposed rule revising eligible mining-sector project scope.
• Prohibits finalizing, implementing, administering, or enforcing that proposed rule.
• Supports domestic mining projects seeking coordinated federal permitting.
• Requires the Permitting Council and federal agencies to adjust guidance or rulemaking plans.