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The federal permitting process, although rooted in the 1872 mining law, is also governed by more recent environmental laws and regulations, including the 1970 National Environmental Policy Act (NEPA), which requires the preparation of an environmental impact statement (EIS).[214] The specific permits and consultations required for a mining project are dependent on multiple factors, including the location of the mine, type of operation, likely wastes, water, and air emissions generated, and how the wastes are managed or disposed of.[215] State governments also play a role, alongside federal agencies, in approving and regulating mining operations, including for issues relating to waste management and groundwater use and impacts.[216] Concurrently with the environmental analysis required by NEPA, BLM conducts an analysis of whether the mines plan complies with all other applicable federal laws, including the National Historic Preservation Act (NHPA), the Endangered Species Act, Federal Land Policy and Management Act, and the Native American Graves Protection and Repatriation Act.[217] Between 2013 and 2023, the median time for BLM to issue a record of decision (ROD), which includes approving a mining EIS, was 3 years, and the average was 3.1 years.[218] The entire process of obtaining a permit for a mine, from first contacting the BLM to breaking ground, on average took 4.6 years.[219] The Trump administration in December 2017 issued an executive order stating it is federal government policy to reduce the Nations vulnerability to disruptions in the supply of critical minerals by streamlining leasing and permitting processes to expedite exploration, production, processing, reprocessing, recycling, and domestic refining of critical minerals.[220] The Trump administration issued another executive order in September 2020soon after BLM published a draft EIS for the Thacker Pass projectinstructing federal agencies to use all available authorities to accelerate the issuance of permits and the completion of projects in connection with expanding and protecting the domestic supply chain for minerals.[221] In January 2025, President Trump, taking office for a second time, issued executive orders requiring government agencies to eliminate delays in permitting processes for energy projects, including critical minerals.[222] BLMs federal permitting process for the Thacker Pass mine took less than a year, far less than the 3.1 year agency average.[223] BLM initiated the permitting process on January 21, 2020 by publishing a notice of intent to prepare a draft EIS.[224] On July 29, 2020, three months after the Covid-19 pandemic had led to closed Tribal offices and high rates of Covid-19 in Tribal communities, BLM published the draft EIS, and held a public comment period which ended on September 11, 2020.[225] BLM published the final EIS on December 3, 2020, followed by a public availability period ending on January 5, 2021, and the issuance of the ROD (the final permit) on January 15, 2021.[226] Nevada finalized its permits for the mine on February 25, 2022.[227] The Nevada Division of Environmental Protection issued permits related to other aspects of the mine, including water pollution control, mine reclamation, and air pollution control.[228] While BLM is engaged in some further reviews of whether Peehee Muhuh is a traditional cultural district under the NHPA,[229] the agency maintains these reviews have no impact on the ROD or the permits, an interpretation supported by the federal district court.[230] Public Comment and Consultation Requirements during Mine Permitting During the permitting process for a mine, US law requires BLM to solicit public comments[231] (which are weighed but do not dictate the agencys decision) and requires some, albeit very limited, consultation with impacted Tribes.[232] BLMs permitting process starts with the applicants submission of a proposed plan of operations, which includes a description of how the mine will extract minerals and how it will interact with communities and the environment.[233] Once BLM has received a mine plan of operations, the process includes several legally required opportunities for public comment
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