Republicans in the U.S. Congress advanced an energy and mining reform package March 9 that would speed up mine project permitting, repeal a moratorium on new coal leasing and open up uranium to classification as a critical mineral.

The House Natural Resources Committee approved H.R. 1335, the Transparency, Accountability, Permitting, and Production of American Resources Act, or the TAPP American Resources Act, sending it to the House floor for consideration. The bill advanced by a partisan 24-19 vote, with Republicans not joined by any Democrats. The split vote suggested another partisan showdown on permitting legislation in the divided Congress.

The bill aims to cap the length of time allotted for environmental assessments of mine projects required under the National Environmental Policy Act, or NEPA, at one year. The deadline for environmental impact statements, meanwhile, would be two years. For both types of environmental reviews, those deadlines could be extended if a project sponsor such as a mining company agrees to it. The bill also sets out several conditions under which an agency is not required to prepare an environmental document under NEPA.

The legislation would also impose a 120-day filing deadline for litigation concerning final agency decisions on energy and mining projects, as well as a 120-day filing deadline for claims seeking review of final agency actions under NEPA.

Representatives for U.S. miners praised the reintroduction of the deadlines, which they say are needed to cut back on overly lengthy permitting lead times.

"Providing responsibly sourced materials necessary for U.S. manufacturing, national security and economic security begins with efficiently permitting U.S. mines," Conor Bernstein said in an email. Bernstein is vice president of communications at the National Mining Association, a trade group representing the U.S. mining industry. "The commonsense improvements to the mine permitting process included in this legislation would enable our nation to respond to ever-increasing mineral demands, strengthening our security of supply and addressing vulnerabilities from our alarming overreliance on mineral imports," Bernstein said.

Coal, uranium get a boost

The bill would end the existing Obama-era moratorium on new coal leasing that was reinstated in August 2022 after being lifted during the Trump administration in 2017.

The bill would also modify the Energy Act of 2020 to allow uranium to join the U.S. Interior Department's list of minerals deemed critical to economic and national security. The Energy Act currently excludes "fuel minerals" including uranium from consideration for the critical minerals list, even as members of both parties have expressed concerns over U.S. reliance on foreign nations for uranium.

Inclusion on the list makes projects eligible to benefit from legislation and executive orders specific to critical minerals, similar to President Biden's recent expansion of projects that can receive Defense Production Act support.

Environmental groups opposed, bill's future in Congress uncertain

Environmental organizations have expressed their opposition to the legislation, saying it jeopardizes environmental conservation.

In a letter to members of the House Natural Resources' Energy and Mineral Resources subcommittee, over 40 environmental organizations paid particular attention to subcommittee chair Pete Stauber's, R-Minn., H.R. 209 bill, called the Permitting for Mine Needs Act, or PERMIT-MN Act. The language from Rep. Stauber's legislation was incorporated into the TAPP American Resources Act, and Stauber is a co-sponsor on the new bill.

Under the bill, prospectors satisfying certain requirements can use public lands on which they have set mining claims even if a mineral deposit has not yet been discovered at the site, something the groups say unfairly prioritizes mining over other uses of public lands.

"The PERMIT-MN Act would exacerbate deficiencies in the existing mining law and result in an unnecessary increase in mining on federal public lands and puts at risk irreplaceable protected lands, special places, endangered and sensitive wildlife, tribal sacred sites, and culturally significant sites," the organizations wrote. "H.R. 209 rigs the legal system in favor of mining companies by reducing opportunities for communities to understand their government's mining decisions and to protect themselves from project impacts."

That kind of opposition could fuel a partisan divide over the TAPP American Resources bill as it heads to the full House floor. However, the bill's sponsors have framed its passage as a litmus test for the sincerity of Democrats' support for permitting reform and energy issues.

"If you support union, domestic miners sourcing ethical supply chains using the best labor and environmental standards, you'll vote for the TAPP American Resources Act," Rep. Stauber told S&P Global Commodity Insights. "If you support American technology, American workers and American energy security, you'll vote for this bill. Otherwise, it's nothing but lip service."

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