HouseH.R. 8773119th Congress

Containing Effects of Mineral Extraction Act of 2026

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8773 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 8773

 To impose certain conditions on mineral materials sales contracts and 
free use permits under the Materials Act of 1947 with respect to large-
 scale mineral extraction projects located near urban communities, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2026

Mr. Whitesides introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To impose certain conditions on mineral materials sales contracts and 
free use permits under the Materials Act of 1947 with respect to large-
 scale mineral extraction projects located near urban communities, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Containing Effects of Mineral 
Extraction Act of 2026''.

SEC. 2. REQUIREMENTS FOR CERTAIN MINERAL MATERIALS SALES CONTRACTS AND 
              FREE USE PERMITS.

    (a) Requirements.--
            (1) In general.--The Secretary may only enter into a 
        mineral materials sales contract with respect to, or issue a 
        free use permit for the disposal of mineral materials pursuant 
        to, a qualifying project under the Act of July 31, 1947 (30 
        U.S.C. 601 et seq.; commonly known as the ``Materials Act of 
        1947'') if--
                    (A) the person carrying out the qualifying 
                project--
                            (i) submits to the Secretary--
                                    (I) a haul route impact assessment 
                                for the qualifying project--
                                            (aa) jointly developed by 
                                        the person and the agency with 
                                        jurisdiction over 
                                        transportation of each State 
                                        and political subdivision 
                                        thereof within which the 
                                        qualifying project will be 
                                        carried out;
                                            (bb) that concludes the 
                                        qualifying project will not 
                                        materially degrade the safety 
                                        or level of service on highways 
                                        on the haul route; and
                                            (cc) that, consistent with 
                                        applicable laws and other 
                                        standards relating to air 
                                        quality and noise, identifies 
                                        measures that shall be taken to 
                                        minimize dust, particulate 
                                        emissions, and noise impacts on 
                                        land adjacent to the haul route 
                                        that is used for sensitive or 
                                        residential purposes;
                                    (II) a trip management plan for the 
                                qualifying project that sets limits 
                                on--
                                            (aa) load staging;
                                            (bb) hours of operation; 
                                        and
                                            (cc) debris controls;
                                    (III) a water use and conservation 
                                plan for the qualifying project that, 
                                consistent with applicable State and 
                                Tribal laws, ensures the projected 
                                annual consumptive use of groundwater 
                                and surface water by the qualifying 
                                project will be offset within the same 
                                basin through conservation or other 
                                feasible measures; and
                                    (IV) a rail or lower-impact 
                                transportation analysis for the 
                                qualifying project that evaluates 
                                whether rail-served aggregate supply or 
                                other lower-impact modes of 
                                transportation are feasible for the 
                                majority of projected tonnage of the 
                                qualifying project; and
                            (ii) demonstrates to the satisfaction of 
                        the Secretary that, with respect to the 
                        qualifying project, the person--
                                    (I) will implement each of the 
                                items submitted to the Secretary under 
                                clause (i);
                                    (II) has coordinated in good faith 
                                with affected State, Tribal, and local 
                                governments to identify and undertake 
                                reasonable haul-route safety and 
                                maintenance measures;
                                    (III) has acquired all necessary 
                                water rights; and
                                    (IV) has been issued each required 
                                permit under the Federal Water 
                                Pollution Control Act (33 U.S.C. 1251 
                                et seq.) and the Safe Drinking Water 
                                Act (42 U.S.C. 300f et seq.); and
                    (B) the Secretary determines each of the items 
                submitted to the Secretary under subparagraph (A)(i)--
                            (i) meet applicable Federal, State, Tribal, 
                        and local laws and other standards relating to 
                        transportation safety, air quality, noise, and 
                        water resources; and
                            (ii) reflect any modification requested by 
                        an affected State, Tribal, or local government 
                        under paragraph (2) that is determined to be 
                        reasonable under subparagraph (B) of that 
                        paragraph.
            (2) Modification requests.--
                    (A) In general.--A State, Tribal, or local 
                government that is affected by a qualifying project may 
                submit to the Secretary a request for a modification of 
                the qualifying project.
                    (B) Reasonableness determination.--If a State, 
                Tribal, or local government submits a request for a 
                modification of a qualifying project under subparagraph 
                (A), the Secretary and the applicable State, Tribal, or 
                local government shall jointly select an entity to 
                carry out an independent review of the modification to 
                determine whether the modification is reasonable.
    (b) Incorporation of Lower-Impact Transportation Options in 
Qualifying Projects.--If the analysis submitted to the Secretary under 
subsection (a)(1)(A)(i)(IV) for a qualifying project demonstrates that 
lower-impact modes of transportation, including rail, are feasible for 
the majority of projected tonnage of the qualifying project, the 
Secretary shall, where practicable, take into account the incorporation 
of such modes into the qualifying project in entering into a mineral 
materials sales contract with respect to, or issuing a free use permit 
for the disposal of mineral materials pursuant to, the qualifying 
project under the Act of July 31, 1947 (30 U.S.C. 601 et seq.; commonly 
known as the ``Materials Act of 1947'').
    (c) Enforcement.--The Secretary may require the suspension of 
operations under or terminate or revoke a mineral materials sales 
contract entered into with respect to, or a free use permit issued for 
the disposal of mineral materials pursuant to, a qualifying project 
under the Act of July 31, 1947 (30 U.S.C. 601 et seq.; commonly known 
as the ``Materials Act of 1947'') if the Secretary determines, after 
notice and opportunity to cure, the person carrying out the qualifying 
project has failed to comply with a requirement of this section.
    (d) Annual Reports.--
            (1) In general.--A person carrying out a qualifying project 
        shall annually submit to the Secretary a report regarding the 
        qualifying project, including, with respect to the preceding 
        year--
                    (A) the volume of groundwater and surface water 
                consumed;
                    (B) the number of truck trips made by commercial 
                motor vehicle; and
                    (C) the implementation of each of the items 
                submitted to the Secretary under subsection 
                (a)(1)(A)(i).
            (2) Confidential business information.--Each report 
        submitted to the Secretary under paragraph (1) and information 
        included in each such report--
                    (A) shall be--
                            (i) treated as confidential business 
                        information; and
                            (ii) exempt from disclosure under section 
                        552(b)(3)(B) of title 5, United States Code 
                        (commonly known as the ``Freedom of Information 
                        Act''); and
                    (B) except as provided in paragraph (3), may not be 
                made publicly available.
            (3) Publicly available summary.--The Secretary shall 
        annually--
                    (A) aggregate the information included in the 
                annual reports submitted under paragraph (1); and
                    (B) publish and make publicly available a summary 
                of such aggregated information.
    (e) Review.--Beginning 5 years after the date of the enactment of 
this section and every 5 years thereafter, the Secretary shall--
            (1) aggregate the information included in the annual 
        reports submitted under subsection (d); and
            (2) evaluate such aggregated information to identify any 
        recurring effects on transportation and groundwater resources.
    (f) Rulemaking.--The Secretary may issue such regulations as are 
necessary to carry out this section, including procedures and criteria 
with respect to--
            (1) the analysis required to be submitted to the Secretary 
        under subsection (a)(1)(A)(i)(IV); and
            (2) ensuring the consistency of qualifying projects with 
        applicable State and local requirements.
    (g) Rule of Construction.--Nothing in this section may be construed 
to duplicate or supersede--
            (1) the requirements of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.); or
            (2) applicable State permitting processes.
    (h) Definitions.--In this section:
            (1) Areas of critical environmental concern.--The term 
        ``areas of critical environmental concern'' has the meaning 
        given the term in section 103 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1702).
            (2) Mineral materials.--The term ``mineral materials'' 
        means mineral materials as the term is used in section 1 of the 
        Act of July 31, 1947 (30 U.S.C. 601; commonly known as the 
        ``Materials Act of 1947'').
            (3) Qualifying project.--The term ``qualifying project'' 
        means a project to extract mineral materials that--
                    (A) is located--
                            (i) within 25 miles of an urbanized area; 
                        or
                            (ii) within or adjacent to areas of 
                        critical environmental concern, as determined 
                        by the Secretary;
                    (B) is projected by the person carrying out the 
                project or determined by the Secretary to be expected 
                to produce more than 1 million tons of mineral 
                materials in any 1-year period; and
                    (C) has not begun commercial extraction of mineral 
                materials before the date of the enactment of this 
                section.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Urbanized area.--The term ``urbanized area'' means an 
        area designated as such by the Secretary of Commerce, acting 
        through the Director of the United States Census Bureau.
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