[1] The bill would set forth the responsibilities of the lead agency (federal, state, local, tribal, or Alaska Native Corporation) with responsibility for issuing a mineral exploration or mine permit with respect to project coordination, agency consultation, project proponents, contractors, and the status and scope of any environmental impact statement.

It then requires the lead agency to begin implementing the National Strategic and Critical Minerals Production Act of 2013 with respect to such application within 30 days after receiving such a request.

[1] It declares inapplicable to such a civil action specified requirements of the Equal Access to Justice Act relating to award of costs and fees to a prevailing plaintiff.

[1] Finally, the bill would prohibit payment from the federal government for court costs of a party in such a civil action, including attorneys’ fees and expenses.

The bill also would direct the agencies to expedite the publishing of notices in the Federal Register related to mineral exploration and mining projects.

Based on information provided by the BLM, the CBO estimates that implementing that provision would cost less than $300,000 a year, assuming availability of appropriated funds.

761 would exempt lawsuits that affect mineral exploration or mining permits on federal lands from the Equal Access to Justice Act.

That act requires the U.S. Treasury to pay the attorneys’ fees for certain plaintiffs who prevail in court proceedings against the federal government.

[2] Over the 2003–2012 period, total payments made on behalf of the BLM and the Forest Service from the Judgment Fund of the U.S. Treasury to cover attorneys’ fees under that act averaged about $1 million a year.

The National Strategic and Critical Minerals Production Act of 2013 was introduced into the House on February 15, 2013 by Rep. Mark Amodei (R-NV).