Streamline Permitting and Regulatory Frameworks

Introduction

CAPSI provides the Exploratory IntelliConference as part of a IntelliConference Series to uncover the breakthroughs in each dialogue. The Exploratory IntelliConference method is known as IntelliSynthesis. The Exploratory IntelliConference takes place asynchronously over two months. Followed by the Summary IC and the Action IC. During this period the online CAPSI Multilogue on all the dialogues is regularly updated with summaries of breakthrough information. Background Statement

Background

Regulations and permitting processes evolve over time among public- and private-sector actors without important levels of trust, free-flowing engagement, and common sense. Consequently, both public interests and private sector progress are handicapped. A new approach for updating the regulatory and planning framework for the essential minerals supply chain is needed.

Core Question

What regulations can stakeholders agree on that are either outdated, de minimis, redundant, or counterproductive, and can be improved, replaced, or eliminated in support of the growth and safety of essential mineral production and delivery?

Round One Dialogue Questions-Issue Framing

1. Which federal agencies might be enrolled in participating and supporting RE-STEM?
   1. Environmental Protection Agency
   2. U.S. Department of Labor Mining Safety and Health Administration
   3. U.S. Department of Interior Bureau of Land Management
   4. U.S. Department of Agriculture Forest Service
   5. U.S. Department of Interior Office of Surface Mining Reclamation and Enforcement
   6. U.S. Department of Interior, Division of Mineral Resources
   7. U.S. Department of Energy
2. Which federal laws regulate mining?
   1. National Environmental Policy Act (NEPA)
   2. Clean Air Act (CAA)
   3. Resource Conservation and Recovery Act (RCRA)
   4. Clean Water Act (CWA)
   5. Toxic Substances Control Act (TSCA)
   6. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
3. Which state and local agencies might be enrolled in participating and supporting this development?
   1. State Surface Mining Commissions
   2. State Bureau of Mines and Geology Departments
   3. State Departments of Natural Resources
   4. Fish and Wildlife Agencies
4. What are the concerns of the government agencies that interact with the mineral industry?
5. What policy and regulatory issues are essential mineral companies concerned with?
   1. Clean Energy Reform Act
   2. The Mining Regulatory Clarity Act reaffirms decades of mining law and precedent and provides certainty for America's mineral producers.
6. What are the concerns of each stakeholder group?

Round Two Dialogue Questions-Issue Exploration

1. What policy solutions will support the development of increased processing capacity?
   1. https://fas.org/publication/critical-thinking-on-critical-minerals/
2. What behaviors by mineral companies do government agencies want to see improved?
3. Where are the opportunities for collaboration, transparency, and trust to enhance the productivity of relations among stakeholder groups?
4. What antitrust and other laws and regulations regarding government convening must be considered for the amendment to accommodate more robust collaboration with and among the private sector?
5. How can government agencies improve mining permit inefficiencies?
   1. NEPA
   2. Improved Jurisdictional Coordination
   3. Uniform Interagency Approach
   4. Adequate Staffing and Specialized Talent
   5. https://natlawreview.com/article/permitting-reform-united-states