Hill Heat

The Committee on Rules will meet Monday, August 31, 2026 at 4:00 PM ET in H-313, The Capitol on the following measures:

• H.R. 1501 – Protecting Domestic Mining Act of 2025 (Text, Report)
• H.R. 9436 – To amend the Consolidated Appropriations Act, 2023 to extend the time period for which certain regulation concerning the North Atlantic right whale are effective. [Northeast Lobsterman Protection Act of 2026] (Text, Report)
• H.R. 4795 – Protect Economic and Academic Freedom Act of 2026, to amend the Higher Education Act of 1965 to prohibit an institution that participates in a nonexpressive commercial boycott of Israel from being eligible for certain funds under that Act
• H. Res. 1490 – Providing for the condemnation and denouncement of socialism in all its forms, and for other purposes.

H.R. 1501 would codify mining and mineral processing as covered sectors under FAST–41. The bill would also prevent the Federal Permitting Improvement Steering Council (FPISC) from finalizing or implementing a Biden-era draft rule that would limit FAST–41 eligibility to only critical mineral mining projects, rather than all mining projects.

Title 41 of the Fixing America’s Surface Transportation Act (FAST Act), referred to as ‘‘FAST–41,’’ created an alternative permitting system for ‘‘covered’’ infrastructure projects that require over $200 million in investment or are especially large and complex. Covered projects include 18 specific sectors, including renewable and conventional energy production, surface transportation, semiconductors and more. Mining is currently considered a covered sector by regulation.

The FAST–41 permitting process contains some positive transparency provisions like a centralized public platform that tracks federal permitting timelines and milestones for covered projects. However, it also places some limits on public input opportunities and judicial review, including by imposing additional requirements and limits on actions seeking temporary restraining orders and preliminary injunctions against a covered project.

In 2021, the Trump administration finalized regulations to add all mining as a covered sector, a policy that then-Chair Raul Grijalva opposed at the time, citing concerns that FAST–41’s permitting process does not align with the well-documented, significant risks mining poses to land, water, public health, and other resources. The procedural limitations on public participation and legal remedies could compound existing flaws in the Mining Law of 1872, which governs hardrock mining on most federal lands. Agencies have interpreted the Mining Law as giving anyone who locates a mining claim on open public land the exclusive right to develop a mine on that land, undermining meaningful tribal consultation, tribal sovereignty, and the multiple-use mandate for federal lands.

Additionally, FAST–41 was designed to support priority projects, but if everything is a priority, then nothing is. That’s why, in 2023, the Biden administration proposed a new rule that would limit the scope of minerals eligible for FAST–41 coverage to critical minerals and expand the sector to include infrastructure supporting critical mineral supply chain activities, such as beneficiation, processing, and recycling. Though this rule was never finalized, H.R. 1501 would prevent the rule from taking effect or being implemented.

Also in 2023, the Hermosa Project, run by Australian mining company South32, became the first mining project to be approved as a covered project under FAST–41. The Hermosa Project is in the Patagonia Mountains, southeast of Tucson, Arizona, in our colleague Rep. Adelita Grijalva’s district. The community nearest the Hermosa Project has expressed significant concerns about the project’s potential impact on the area’s scarce water resources and renowned biodiversity. The community has advocated for significantly greater transparency and cooperation through the FAST–41 process and opposes including mining in FAST–41 without significant improvements to the process.

Finally, this bill is unnecessary because mining is already considered a covered sector by regulation under the current administration, and the bill could inappropriately limit a future administration from advancing the Biden-era regulation if deemed appropriate. Section 3 of the legislation could be improperly misinterpreted to prevent a future administration from changing the scope of mining as a covered sector, even under a different regulation.

The endangered North Atlantic right whale migrates annually along the east coast of North America, from Florida to Canada. North Atlantic right whale populations never fully recovered from centuries of commercial whaling and now face ongoing threats from fishing gear entanglements, vessel strikes, and climate change. Since 2011, entanglements in New England fishing gear and vessel strikes have primarily driven the species’ decline, with additional pressure from climate change. According to current best science, the North Atlantic right whale can afford only 0.7 whale deaths per year due to human causes if it is to recover. Since 1996, fisheries operating in state and federal waters have been required to comply with the Atlantic Large Whale Take Reduction Plan to reduce whale injury and mortality.

In November 2022, a judge deemed the National Marine Fisheries Service (NMFS) 2021 Atlantic Large Whale Take Reduction Plan (TRP) out of compliance with the Marine Mammal Protection Act (MMPA) and ordered that NMFS finalize a new rule by December 2024. Even though an appeals court overturned that ruling, Congress enacted a provision in the Continuing Appropriations Act (CAA) of 2023 that delayed any new rules to reduce entanglements in the American Lobster and Jonah Crab fisheries until December 31, 2028. Crucially, the provision also required NMFS to work with affected states and fisheries on fully voluntary efforts to promote and research innovative gear technologies, such as ropeless ‘‘popup’’ gear, and to report to Congress annually on its progress. Although the regulatory ‘‘pause’’ is still in effect for at least two more years, this legislation, H.R. 9436, would unnecessarily and prematurely extend the timeline on this carveout by an additional seven years.

H.R. 9436 would delay the deadline for implementing new regulations to reduce whale entanglements from 2028 to 2035, effectively creating a 13-year waiver from Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) requirements. Such an extension would reduce incentives to test and deploy innovative fishing technologies while disadvantaging lobstermen and women who have already made good-faith efforts to adopt safer gear.

Since enacting the CAA at the end of 2022, Congress has appropriated approximately $280 million to support North Atlantic right whale recovery, including $20 million for the development of innovative fishing technologies. These investments have increased the availability and safety of whale-safe gear; however, much of the lobster and Jonah crab industry has not participated in the timely, large-scale adoption of these technologies.

Meanwhile, since 2022, at least 55 North Atlantic right whales have been killed or seriously injured, including 31 cases directly related to fishing gear entanglements. Today, the population is estimated at approximately 380 adult and juvenile whales, with about 70 females of reproductive age. Of those 380 whales, 87 are injured or in poor health, including 60 suffering from entanglementrelated injuries.5 H.R. 9436 presents a false choice between a robust lobster fishery and the survival of these whales, when the technology to support the lobster fishery and protect whales exists and has a strong success rate.

As of August 2026, a three-year-old and a four-year-old North Atlantic right whale died following chronic entanglements, and a five-year-old whale remains entangled, with scientists expecting it to succumb to its injuries. Enacting a 13-year delay in adopting available whale-protection technologies is deeply irresponsible and risks accelerating the extinction of this species. Rather than following the best available science and encouraging American innovation, this legislation prioritizes the short-term interests of a few industry members while placing one of the world’s most endangered whale species on a path toward extinction. Instead, Congress should focus on supporting the transition to ropeless gear, so lobster fishermen and women get the support they need and can confidently and safely transition to innovative gear that will protect right whales. Congress should also hold NMFS accountable under the current law, as it has ignored its mandate to report to Congress on research outcomes as laid out in the enacted version of this exemption from the CAA. This information would inform policy solutions and opportunities for the lobstering community. Lastly, Congress should continue to support the marine technology and vessel manufacturing community as they develop new technologies and conduct collaborative research, which will be necessary.

H.R. 9436 amounts to a congressional ‘‘God Squad’’ waiver that would allow a particular industry to continue business practices that are known to be driving a species to extinction. H.R. 9436 unfairly excludes the American Lobster and Jonah crab industries from species recovery and safe habitat efforts, placing the onus for stewardship entirely on other Atlantic users, such as recreational boaters and shipping companies.

H.R. 9436 also ignores the consequences of North Atlantic right whale entanglements on other industries, coastal environments, and the ability to decarbonize our ocean environment. The existence of fewer whales directly threatens the whale-watching industry and coastal tourism. Every November, communities on the Georgia (the North Atlantic right whale is Georgia’s state marine mammal) and Florida border celebrate the return of the whale to warm southern waters for breeding with the Right Whale Festival, which attracts over 15,000 people to the area. Whales are also critical to the production of phytoplankton, the building blocks of the marine food web, which supports the fishing industry. Entanglements strain the NOAA Marine Mammal Stranding Network and Prescott Grant program, which Congress routinely underfunds. Lastly, the International Monetary Fund (IMF) assessed whales’ carbon-capture capabilities as a $2-trillion-a-year global public good. From fisheries and tourism to climate change, the IMF conservatively estimated that a single whale contributes $2 million annually to the economy, underscoring the need for greater protections.

Protecting the North Atlantic right whale cannot wait. Ensuring the survival of this critically endangered whale requires collaboration across the Eastern Seaboard, including support from the lobster and Jonah crab industry in New England. The tools and solutions needed to reduce risks to these whales are available, and New England has strong infrastructure and programs in place to support lobstering communities as they adopt these technologies. Protecting whales and supporting the lobster industry should not be viewed as competing priorities. With investments and collaboration, we can do both. We must continue building toward a timely transition to ropeless gear that ensures our ocean can sustain both North Atlantic right whales and fishing communities. By further delaying regulations to avoid right whale entanglement, H.R. 9436 undermines this necessary collaboration.