H.R. 8773: Containing Effects of Mineral Extraction Act of 2026

This bill, titled the Containing Effects of Mineral Extraction Act of 2026, aims to impose specific requirements and conditions on mineral extraction projects located near urban communities. The purpose is to address potential impacts on transportation safety, air quality, noise levels, and water resources associated with large-scale mineral extraction activities.

Key Provisions of the Bill

• Mineral Materials Sales Contracts and Free Use Permits: The Secretary of the Interior can only enter into contracts or permits for mineral materials if the project meets certain criteria.
• Haul Route Impact Assessment: Project operators must submit a haul route impact assessment, developed in conjunction with state and local transportation authorities. This assessment must ensure that the project will not materially degrade safety on highways used for hauling materials.
• Minimizing Pollution: Projects must identify measures to minimize dust, particulate emissions, and noise, especially if the haul routes run through residential or sensitive areas.
• Operational Management: A trip management plan must outline limits on load staging, hours of operation, and debris controls to manage the operations of the project.
• Water Use and Conservation Plan: Operators must submit a plan to ensure that their water usage does not exceed local resources and is offset within the same watershed.
• Transportation Analysis: An analysis assessing the feasibility of lower-impact transportation options, such as rail transport, must be conducted for the project.
• Annual Reporting: Operators are required to submit annual reports regarding water use, transportation trips, and compliance with the operational measures outlined in their plans.
• Independent Review of Modifications: Affected state or local governments may request modifications to a project, and an independent review will determine the reasonableness of such modifications.
• Enforcement Mechanisms: The Secretary can suspend operations or terminate contracts if project operators fail to comply with the requirements set by the bill.
• Review and Regulation: The Secretary will review reports every five years to assess the cumulative impacts of these projects and can issue regulations necessary to enforce the bill's provisions.

Definitions

• Qualifying Project: A project to extract mineral materials must be located within 25 miles of an urban area, be projected to produce over 1 million tons in a year, and must not have started operations before the enactment of this section.
• Urbanized Area: Defined by the Secretary of Commerce, this term indicates densely populated areas eligible for the bill's conditions.

Transparency and Confidentiality

Information submitted by operators will be treated as confidential business information and exempt from public disclosure, with only aggregated summaries being made publicly available by the Secretary annually.

Relevant Companies

None found.