Containing Effects of Mineral Extraction Act of 2026

This bill imposes conditions on mineral materials sales contracts and free use permits under the Materials Act of 1947 for large-scale mineral extraction projects near urban communities. It requires project operators to submit various plans and assessments, allows for modifications, and includes enforcement and reporting provisions.

Sec. 2, Requirements for certain mineral materials sales contracts and free use permits: The Secretary of the Interior may only enter into contracts or issue permits for qualifying projects if the operator submits a haul route impact assessment, trip management plan, water use and conservation plan, and a rail or lower-impact transportation analysis. The operator must also demonstrate implementation of these items, coordination with governments, acquisition of water rights, and issuance of required permits. The Secretary must determine that submitted items meet applicable laws and reflect reasonable modifications requested by affected governments.

Modification requests: Affected State, Tribal, or local governments may request modifications to a qualifying project. The Secretary and the government shall jointly select an entity to independently review whether the modification is reasonable.

Incorporation of lower-impact transportation options: If the transportation analysis shows that lower-impact modes like rail are feasible for the majority of projected tonnage, the Secretary shall, where practicable, take such modes into account when entering into contracts or issuing permits.

Enforcement: The Secretary may suspend, terminate, or revoke a contract or permit if the operator fails to comply with section requirements, after notice and opportunity to cure.

Annual reports: Operators must submit annual reports on water consumption, truck trips, and implementation of submitted items. Reports are treated as confidential business information and exempt from FOIA disclosure, but the Secretary shall publish an aggregated summary annually.

Review: Every five years starting five years after enactment, the Secretary shall aggregate annual report information and evaluate recurring effects on transportation and groundwater resources.

Rulemaking: The Secretary may issue regulations to carry out this section, including procedures for the transportation analysis and ensuring consistency with State and local requirements.

Rule of construction: This section does not duplicate or supersede the National Environmental Policy Act or applicable State permitting processes.

Definitions: Key terms include "areas of critical environmental concern," "mineral materials," "qualifying project" (a project within 25 miles of an urbanized area or adjacent to critical areas, expected to produce over 1 million tons annually, and not begun commercial extraction before enactment), "Secretary" (Secretary of the Interior), and "urbanized area" (as designated by the Secretary of Commerce).