Containing Effects of Mineral Extraction Act of 2026
- Bill Number
- H.R. 8773
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2026-05-12: Referred to the House Committee on Natural Resources.
- Last Updated
- 2026-06-12T21:20:38Z
AI-Generated Summary
Purpose of the Legislation This bill establishes the "Containing Effects of Mineral Extraction Act of 2026." It adds requirements for mineral materials sales contracts and free use permits issued under the Materials Act of 1947 (30 U.S.C. 601 et seq.) for certain large-scale extraction projects located near urban areas or environmentally sensitive zones. The goal is to address transportation, air quality, noise, and water resource concerns associated with these projects.
Key Provisions Outlined
- Qualifying Projects: Applies to new projects expected to produce more than 1 million tons of mineral materials per year that are located within 25 miles of an urbanized area (as defined by the Census Bureau) or within/adjacent to areas of critical environmental concern.
- Contract and Permit Conditions: The Secretary of the Interior may only approve contracts or permits if the operator submits and implements:
- A haul route impact assessment (jointly developed with state and local transportation agencies) showing no material degradation of highway safety or service levels, plus measures to reduce dust, emissions, and noise near sensitive or residential areas.
- A trip management plan limiting load staging, operating hours, and debris.
- A water use and conservation plan that offsets projected groundwater and surface water consumption within the same basin.
- A rail or lower-impact transportation analysis evaluating alternatives for most of the project's tonnage.
- The operator must demonstrate good-faith coordination with affected governments, acquisition of necessary water rights, and compliance with Clean Water Act and Safe Drinking Water Act permits.
- Modification Requests: Affected state, tribal, or local governments may request project changes; an independent review determines if the request is reasonable.
- Lower-Impact Transportation: If rail or other lower-impact options are feasible for the majority of tonnage, the Secretary must consider incorporating them where practicable.
- Enforcement: The Secretary may suspend, terminate, or revoke approvals for noncompliance after notice and opportunity to cure.
- Reporting and Review: Annual operator reports on water use, truck trips, and compliance (treated as confidential business information exempt from FOIA disclosure, with aggregated public summaries). The Secretary conducts a review of aggregated data every five years starting five years after enactment.
- Rulemaking: The Secretary may issue regulations on transportation analyses and consistency with state/local requirements.
- Rule of Construction: The Act does not duplicate or supersede the National Environmental Policy Act or state permitting processes.
Significant Changes to Existing Law Introduced The bill amends the framework of the Materials Act of 1947 by adding new pre-approval conditions, planning requirements, and ongoing oversight specifically for large-scale projects near urban communities. It introduces mandatory impact assessments, conservation offsets, and transportation alternatives that were not previously required under that law.
Potential Impacts
- Government Agencies: Increases responsibilities for the Department of the Interior (Secretary) in reviewing submissions, coordinating with governments, enforcing compliance, and conducting periodic evaluations. May affect permitting timelines.
- Citizens: Aims to reduce dust, noise, emissions, and traffic impacts on communities near qualifying projects; provides opportunities for local input on modifications.
- International Relations: No direct effects identified.
- Overall, it may raise compliance costs and alter project feasibility for operators while enhancing local protections for resources and quality of life.
Main Stakeholders Affected
- The Secretary of the Interior and Department of the Interior staff.
- Operators of large-scale mineral extraction projects.
- State, tribal, and local governments (including transportation and environmental agencies).
- Residents and property owners in urbanized areas or near areas of critical environmental concern.
- Industries reliant on mineral materials supply.
Notable Legal, Constitutional, or Political Implications The legislation adds layered federal review processes without altering constitutional authority over public lands or mineral disposal. It preserves existing environmental laws like NEPA while creating new confidentiality protections for business data. Politically, it balances resource extraction with community and environmental safeguards through mandatory local coordination and independent reviews of modification requests.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Whitesides, George [D-CA-27]
Recent Actions
- 2026-05-12: Referred to the House Committee on Natural Resources.
- 2026-05-12: Introduced in House
- 2026-05-12: Introduced in House
Bill Versions
- Containing Effects of Mineral Extraction Act of 2026 — issued 2026-05-12 — PDF (10 pages)