HR 676119th CongressIn Committee

To exempt Federal actions related to energy and mineral activities on certain Federal lands from the requirements of the National Environmental Policy Act of 1969.

Introduced: Jan 23, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

This bill would exclude two categories of federal actions related to energy and mineral activity on certain federal lands from being treated as “major Federal actions” under the National Environmental Policy Act (NEPA). Specifically, it would remove NEPA review requirements for: (1) issuing, granting, or renewing leases, easements, or rights-of-way under the Mineral Leasing Act for oil, gas, or coal exploration, development, or production; and (2) issuing, granting, or renewing permits or other authorizations under the Mining Law of 1872 for exploration, location, development, or extraction of a critical mineral on lands open to mineral entry. The language uses “notwithstanding any other provision of law,” signaling that this exemption would override NEPA considerations for these actions. The bill targets actions on federal lands generally open to mineral entry or subject to federal leasing, but does not exempt all federal actions from NEPA, only these specific energy/mineral activities.

Key Points

1Exempts certain federal actions from NEPA’s major federal action classification.
2Two categories of exempt actions:
3- Leases, easements, or rights-of-way under the Mineral Leasing Act for oil, gas, or coal exploration, development, or production.
4- Permits or authorizations under the Mining Law of 1872 for exploration, location, development, or extraction of a critical mineral on lands open to mineral entry.
5The exemption is triggered by considering these actions not to be major Federal actions under NEPA 102(2)(C) (42 U.S.C. 4332(2)(C)).
6The exemption applies to “Federal lands” within the scope of these laws and to lands open to mineral entry.
7“Notwithstanding any other provision of law” language suggests the exemption overrides other NEPA requirements for these specific actions, though other environmental or regulatory requirements could still apply.

Impact Areas

Primary affected- Federal land management agencies (e.g., Bureau of Land Management, U.S. Forest Service) that issue leases, easements, rights-of-way, and permits for energy and mineral activities.- Energy and mineral developers seeking leases, permits, or authorizations for oil, gas, coal, and critical minerals on federal lands.Secondary affected- Environmental groups and public-interest organizations that advocate for environmental review and public participation under NEPA.- Nearby communities, landowners, and Indigenous groups with interests in lands where energy and mineral activities may occur.Additional impacts- Potential reduction in environmental assessment and public input for these specific actions, potentially affecting environmental protections, mitigation planning, and consideration of cumulative effects.- Possible changes in litigation dynamics and regulatory risk for projects subject to these exemptions.- Implications for climate, water, air quality, wildlife, and cultural resource protections typically analyzed in NEPA reviews for major federal actions.

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