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Protect Mining Access Under FAST Act

Full Title:
Protecting Domestic Mining Act of 2025

Summary#

This bill adds the word “mining” to the list of activities treated as a “covered project” under the FAST Act. It also bars the Federal Permitting Improvement Steering Council (FPISC) from finalizing or enforcing a specific proposed rule about the scope of mining published September 22, 2023. The broad goal is to keep mining clearly included among projects that are eligible for the FAST Act’s covered-project processes.

  • Main change: Inserts “mining” into the statutory definition of a covered project under the FAST Act.
  • Main change: Forbids FPISC from finalizing, implementing, administering, or enforcing the September 22, 2023 proposed rule titled “Revising Scope of the Mining Sector…” (88 Fed. Reg. 65350).
  • Policy goal: Preserve mining’s eligibility for whatever permitting or review processes the FAST Act provides to covered projects.
  • What is unclear: The bill does not explain how this change affects projects already in review, or exactly which types of mining activities are intended to be covered.

What it means for you#

  • Mining companies and developers: This could mean mining projects are explicitly counted as “covered projects” under the FAST Act. That status relates to whether a project uses the federal permitting processes created by that law. The bill does not define which mining activities or stages (exploration, extraction, processing) are covered.
  • Federal Permitting Improvement Steering Council (FPISC): FPISC is forbidden from finishing or putting into effect the specific 2023 proposed rule about the mining sector’s scope. FPISC must not enforce that proposed rule if it remains in draft form.
  • Federal agencies that issue permits: Agencies that work through the FAST Act processes will need to treat mining as within the covered-project definition in the statute. How agencies apply that to individual permits is not detailed in this bill.
  • State, local, and tribal governments: These governments could see no change, or could be affected indirectly because covered-project status changes how federal agencies coordinate reviews. The bill does not say how coordination with non-federal governments will change.
  • Members of the public and nearby communities: The bill itself does not change environmental or public-health rules. It changes which projects are treated as covered projects under the FAST Act. Any on-the-ground effects will depend on how the FPISC and federal agencies apply the FAST Act processes to specific mining projects.

Expenses#

No publicly available information.

  • The bill text and supplied materials do not include a fiscal note or cost estimate.
  • It is not stated whether there would be additional staffing, administrative, or legal costs for federal agencies or FPISC from inserting “mining” into the covered-project definition or from blocking the proposed rule.
  • The bill does not create new fees or direct spending in the text provided.

Proponents' View#

  • The bill appears intended to ensure mining projects remain eligible under the FAST Act’s covered-project processes.
  • A possible argument for the bill is that it preserves access to the FAST Act coordination and permitting framework for domestic mining.
  • Supporters may see the ban on the FPISC proposed rule as preventing a change they view as narrowing or limiting mining’s eligibility under the law.
  • The change could be presented as reducing regulatory uncertainty for mining developers by putting the word “mining” directly into the statute.

Opponents' View#

  • One concern is that the bill prevents FPISC from finishing rulemaking that might clarify which mining activities should be covered. That could leave questions unresolved.
  • The bill does not define which types of mining activities are covered, so uncertainty could remain about exploration, processing, and other stages.
  • Blocking a specific proposed rule removes the normal agency process for updating or clarifying scope. This may limit agencies’ ability to adjust rules based on new information.
  • It is unclear how the change will affect projects already in permitting or how disputes over coverage would be resolved.