Dec 18 (Reuters) - Advisers to incoming U.S. President
Donald Trump are recommending he waive environmental reviews for
federally funded critical minerals projects to boost domestic
production of materials used in electric vehicles, electronics
and weapons, according to a document seen by Reuters.
Implementation would reflect a major shift in how Washington
reviews proposed mines on federal lands and aims to ensure that
projects receiving loans, grants or other government support are
able to help the U.S. cut dependence on China, the world's
largest miner and processor of lithium, cobalt and other
critical minerals.
The advisers, tasked by Trump's transition team to develop
policy ideas around electric vehicle supply chains, urged Trump
to waive requirements under the National Environmental Policy
Act (NEPA) to expedite permitting and construction reviews for
production of critical minerals, batteries and magnets, the
document showed. NEPA applies to projects on federal lands.
Trump is set to take office on Jan. 20.
Jason Miller, a senior adviser for the transition, said
Trump has not indicated his stance on the issue and noted the
recommendations come from "outsiders who have no role in
charting administration policy."
Trump often pledged on the campaign trail to cut what he
considers bureaucratic overreach. Last week, he said he would
expedite permits for any company investing more than $1 billion
in the U.S. Most proposed mines in the country cost more than
that.
First enacted in 1970, NEPA is the bedrock U.S.
environmental law, requiring reviews for major projects that
receive federal permits or funding. The law can involve review
from numerous federal agencies and is not overseen by any one
office or official, adding to its complexity.
NEPA reviews are frequently challenged, and litigation can
delay construction on projects for years, to the consternation
of mining companies and Republican officials. A president cannot
unilaterally limit lawsuits against mining projects although he
could work with Congress to do so.
Proposed U.S. critical minerals projects from Antofagasta ( ANFGF )
, Rio Tinto, BHP, Perpetua Resources ( PPTA )
and others have been in regulatory review for more than
a decade.
During his first term, Trump and then-Interior Secretary
David Bernhardt limited NEPA reviews to no more than 300 pages
and said they should be done faster, describing the process as
"needlessly complex." Those changes were reversed under
President Joe Biden.
If Trump adopts the recommendations, it could expedite
billions of dollars in federally-backed projects, including
lithium mines and processing facilities. This could help even
the playing field with rival China, which has dominated global
markets with supplies of cheap metals and blocked exports of
some materials to the U.S.
Conservation and environmental groups contend that NEPA
helps ensure all voices are heard when access to federal lands
is granted, and that climate change and environmental justice
considerations are part of the review process.
Additionally, some conservation groups have complained that
Washington is de facto approving mines when federal grants or
loans are issued and essentially leap-frogging the NEPA review
process.
Mining companies do not pay royalties to Washington when
they extract metals from federal land, a quirk of federal law
stemming from the General Mining Law of 1872. Oil companies, by
contrast, pay royalties when they operate on federal land.
Trump was broadly supportive of mining during his first term
and approved mines from Lithium Americas ( LAC ) and others,
but he did take steps to block a major Alaska mining project
from Northern Dynasty Minerals ( NAK ).
The incoming president has hinted at other actions that
could help U.S. miners, including imposing tariffs on all
battery materials globally, with exemptions negotiated for
allies.
Multiple U.S. miners have said they would prefer to have the
permitting process reformed rather than tariffs issued broadly,
a step one executive told Reuters would reflect a "sledgehammer"
approach to trade issues.