Sens. Joe Manchin (I-W.Va.) and John Barrasso (R-Wyo.) on July 22 released a permitting reform bill aimed at speeding up mineral projects.
The mining industry has repeatedly indicated that long lead times linked to permitting review procedures in the US are a major bottleneck to the expansion of domestic mineral production, which is a priority of the Biden administration to help curb dependence on other nations for mineral supplies.
The bill, "Energy Permitting Reform Act of 2024," would establish deadlines geared toward speeding up project reviews under the National Environmental Policy Act. It would create a 150-day statute of limitations to seek judicial review of agency actions approving or rejecting mineral project authorizations. Republicans introduced their own judicial deadline proposals in March 2023.
The legislation would require a 180-day deadline for agencies to act on remanded authorizations from courts and would direct courts to expedite consideration of litigation related to mineral projects.
"The United States of America is blessed with abundant natural resources. ... Unfortunately, today our outdated permitting system is stifling our economic growth, geopolitical strength, and ability to reduce emissions," Manchin said in a statement.
"Barrasso and I have put together a commonsense, bipartisan piece of legislation that will speed up permitting and provide more certainty for all types of energy and mineral projects without bypassing important protections for our environment and impacted communities."
Manchin, who caucuses with Democrats, chairs the Senate Energy and Natural Resources committee while Barrasso is the committee's ranking member.
The bill also singles out provisions for coal projects and ancillary mining activities.
For coal, the bill would set a 90-day deadline for the Interior secretary to begin reviews of applications for coal leasing on federal lands after applications are received. There would also be a 90-day deadline to issue a record of decision on such projects once environmental reviews are finalized.
Industry supportive
Mining industry representatives were quick to applaud the legislation and encourage its passage.
"The status quo on mine permitting is no longer an option; the time to reform our permitting process is now," Rich Nolan, president and CEO of the National Mining Association trade group, said in a statement. "With our mineral and energy demands only growing, we need to unlock our domestic potential, and I applaud Senators Manchin and Barrasso for taking this important first step."
Advanced Energy United, an advocacy organization for businesses working toward using 100% renewable energy, also supported the infrastructure language in the bill.
"It has long been too difficult to build some of the critical energy infrastructure America needs, and this bipartisan proposal provides a good foundation on which to build a comprehensive package of legislative reforms," Harry Godfrey, managing director at Advanced Energy United, said in a July 22 statement.
Manchin is aiming for a markup of the legislation before Congress' August recess, E&E News reported.
