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Saturday, November 16, 2024

Cassidy, Sullivan, Colleagues Warn New Permitting Rule Imperils America’s Mineral Needs, Adds Red Tape

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Senator Bill Cassidy | Sen. Bill Cassidy Official Website

Senator Bill Cassidy | Sen. Bill Cassidy Official Website

U.S. Senator Bill Cassidy, along with Senator Dan Sullivan and 19 Senate colleagues, are urging the Federal Permitting Improvement Steering Council (FPISC) to rescind its proposal to limit the type of mining projects eligible for the improved permitting process established under Title 41 of the Fixing America’s Surface Transportation Act (FAST-41). The senators argue that this proposed rule will hinder mining permitting predictability and efficiency, jeopardize America's manufacturing, energy, infrastructure, and national security needs, and further strengthen China's near-monopoly on critical minerals.

In a letter addressed to Mr. Beightel, the senators express their concerns about the proposed rule and emphasize the importance of considering all mining projects, regardless of the type of minerals being mined, as "covered projects" under FAST-41. They highlight that even the U.S. Department of the Interior's own "Interagency Working Group on Mining Laws, Regulations, and Permitting" did not recommend this change in a recently released report on reforming domestic mining policies.

The senators stress the need for a coordinated and transparent federal permitting process to efficiently permit new energy and infrastructure projects while safeguarding taxpayer and private sector investments. They emphasize that it currently takes anywhere from seven to ten years for a mining company to navigate through the federal application and appeals process. This lengthy process poses a significant challenge, considering the urgent need for domestic sources of minerals to meet various national needs.

The senators also point out that the United States' permitting process is duplicative and inefficient, putting the country at a strategic disadvantage compared to mining countries like Australia and Canada, which have much shorter permitting timelines. In an effort to address this issue, FPISC voted in January 2021 to add all mining as a "covered sector," regardless of the type of mineral.

The senators argue that permitting delays have been a significant obstacle to meeting domestic mineral production goals. They assert that FPISC should be actively supporting the addition of mining projects to the FPISC dashboard of covered projects, as investments are being made daily in such projects. They criticize the proposed rule for disincentivizing investment in mining projects.

Furthermore, the senators highlight the importance of these investments in meeting the increasing demand for critical minerals, supporting technological advancements, strengthening domestic supply chains, and reducing reliance on minerals from geopolitical adversaries. They emphasize that the proposal to limit the type of mining projects eligible for the improved permitting process contradicts FPISC's mission of transparency and timeliness in the federal permitting process. Additionally, different agencies have different definitions of "critical" or "strategic" minerals, and the proposal fails to consider these variations, which could increase the nation's reliance on foreign sources of minerals and empower China's near-monopoly on critical minerals.

In conclusion, Senator Cassidy, Senator Sullivan, and their colleagues urge FPISC to abandon this proposal and use its existing authority to actively support all mining infrastructure projects. They emphasize the importance of unleashing America's national supply chains and processing capabilities. The senators anticipate a response from FPISC by November 30.

To learn more, click on this link: https://www.cassidy.senate.gov/newsroom/press-releases/cassidy-sullivan-colleagues-warn-new-permitting-rule-imperils-americas-mineral-needs-adds-red-tape

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