Protecting Domestic Mining Act of 2025
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The bill would permanently classify mining and mineral processing projects as "covered projects" eligible for expedited federal environmental review under the FAST Act, and would bar regulators from finalizing a 2023 proposed rule that would have narrowed that eligibility to critical minerals projects only.
The change would lock in faster permitting timelines for a broad range of domestic mining infrastructure, aiming to speed up mine development but also limiting the ability of a federal permitting council to later restrict which mining projects qualify for that fast-track treatment.
What this bill would do
What it would do
The bill would amend the FAST Act's definition of a "covered project" to explicitly include mining and mineral processing activities, making them eligible for the expedited environmental review and interagency coordination process that Title 41 of the FAST Act provides for major infrastructure projects. This would give statutory, permanent backing to authority that the Federal Permitting Improvement Steering Council previously granted mining projects through a 2021 rule. The bill would also prohibit that same council from finalizing, implementing, administering, or enforcing a proposed 2023 rule that would have narrowed the mining sector's eligibility for expedited review to only critical minerals mining projects. By blocking that rule, the bill would preserve broader eligibility for mining and mineral-processing projects generally, not just those involving critical minerals.
Key provisions
- 1Would amend the FAST Act's definition of covered project to insert mining and mineral processing as eligible sectors for expedited environmental review
- 2Would prohibit the Federal Permitting Improvement Steering Council from finalizing, implementing, administering, or enforcing its 2023 proposed rule narrowing mining eligibility to critical minerals projects
Who would be affected
Mining and mineral-processing companies seeking federal permits for infrastructure projects, the Federal Permitting Improvement Steering Council, and federal agencies involved in environmental review of infrastructure projects under the FAST Act. Communities near proposed mining sites and environmental reviewers involved in permitting decisions would also be affected.
Why it matters
Mining companies would gain faster, more predictable permitting timelines and reduced regulatory uncertainty for a broad range of projects, not just those tied to critical minerals. By blocking the narrower 2023 rule, the bill would preserve access to expedited review for a wider set of mining activities, which could speed project approvals but also shorten the time available for environmental scrutiny and public input.
What would change
Changes to existing law
Amends FAST Act, 42 U.S.C. § 4370m(6)(A) (Sec. 2)
Inserts "mining, mineral processing," into the definition of covered project sectors eligible for expedited environmental review
Agencies directed to act
How implementation would work
The change would take effect through the existing FAST Act Title 41 process: once mining and mineral processing are statutorily defined as covered project sectors, project sponsors could apply for expedited review coordinated by the Federal Permitting Improvement Steering Council across relevant agencies. The council would be barred from adopting its 2023 proposed rule, so its existing 2021 practice of covering mining broadly would continue rather than being narrowed to critical minerals projects only, with no new rulemaking required to implement this bill's changes.
Legislative status & sources
Latest action
Placed on the Union Calendar, Calendar No. 601.
Official CRS summary
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This bill provides statutory authority for federal agencies to expedite the environmental review of certain mining infrastructure projects.
Specifically, the bill permanently makes certain mining infrastructure projects eligible for expedited environmental review under the Fixing America's Surface Transportation Act (FAST Act). This provides statutory authority for similar authorities that were included in the rule titled Adding Mining as a Sector of Projects Eligible for Coverage Under Title 41 of the Fixing America's Surface Transportation Act and issued by the Federal Permitting Improvement Steering Council (Permitting Council) on January 8, 2021.
The bill also prohibits the Permitting Council from finalizing its 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 and issued on September 22, 2023. Among other modifications, the rule proposes to limit the types of mining projects that are eligible for the expedited environmental review process. Specifically, the proposed rule limits the expedited process to critical minerals mining projects.
Legislative subjects
Energy; Infrastructure development; Metals; Mining
Committee report
H. Rept. 119-691