[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2637 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2637
To promote the domestic exploration, research, development, and
processing of critical minerals to ensure the economic and national
security of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 16, 2021
Mr. Waltz (for himself, Mr. Gosar, Mr. Westerman, Mr. Lucas, Mr. Weber
of Texas, Mr. Stauber, Mr. Gonzalez of Ohio, Mr. Sessions, Mr. Baird,
Mr. Tiffany, Mr. Newhouse, Mr. Gohmert, and Mr. Reschenthaler)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committees on Science, Space,
and Technology, Small Business, the Judiciary, and Education and Labor,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To promote the domestic exploration, research, development, and
processing of critical minerals to ensure the economic and national
security of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Critical Mineral
Independence Act of 2021''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The assured supply of critical minerals and the
resiliency of critical mineral supply chains are essential to
the economic prosperity and national defense of the United
States.
(2) The United States is heavily dependent on foreign
sources of critical minerals and on foreign supply chains
resulting in the potential for strategic vulnerabilities to
both the economy and the military.
(3) As deployment of clean energy technologies and
emissions control devices increase, the demand for critical
minerals will grow significantly.
(4) The United States is import-reliant for 30 of the 35
minerals designated as critical by the Department of the
Interior and relies completely on imports to meet demand for 13
of these minerals.
(5) Over the past two decades China has produced more than
80 percent of the world's rare-earth elements and processed
chemicals and has had similar supply control over other
critical minerals.
(6) China's projected total metals demand growth rate
suggests that within a decade China's total annual metals
demand will increase from today's 55% to more than 75% of the
total world production of all metals.
(b) Sense of Congress.--It is the sense of Congress that to break
from China's control on the mineral supply chain, the United States
should support significant research and development activities to drive
innovation in domestic critical minerals production, promote
responsible development of critical minerals, and encourage
international collaboration to limit the impact of mineral supply
disruptions.
SEC. 3. DEFINITIONS.
In this Act:
(1) Byproduct.--The term ``byproduct'' has the meaning
given such term in section 7002 of Division Z of the
Consolidated Appropriations Act, 2021 (Public Law 116-260).
(2) Critical mineral.--The term ``critical mineral'' has
the meaning given such term in section 7002 of Division Z of
the Consolidated Appropriations Act, 2021 (Public Law 116-260)
except that such term shall not exclude materials described in
subsection (a)(3)(B)(iii) of such section.
(3) Critical mineral project.--The term ``critical mineral
project'' means a project--
(A) located on--
(i) a mining claim, millsite claim, or
tunnel site claim for any locatable mineral;
(ii) lands open to mineral entry; or
(iii) a Federal mineral lease; and
(B) for the purpose of producing a critical
mineral, including--
(i) as a byproduct, or a product of a host
mineral, or from tailings; or
(ii) through an exploration project with
respect to which the presence of a byproduct is
a reasonable expectation, based on known
mineral companionality, geologic formation,
mineralogy, or other factors.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands; and
(G) the United States Virgin Islands.
(7) Lead agency.--The term ``lead agency'' means the agency
with primary responsibility for issuing a mineral exploration
or mine permit for a project.
(8) Mineral exploration or mine permit.--The term ``mineral
exploration or mine permit'' means--
(A) an authorization of the Bureau of Land
Management or the Forest Service, as applicable, for a
premining activity that requires analysis under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(B) a plan of operations issued by the Bureau of
Land Management or the Forest Service; and
(C) a permit for a project located in an area for
which a hardrock mineral permit or lease is available.
TITLE I--CRITICAL MINERALS RESEARCH AND DEVELOPMENT
SEC. 101. CRITICAL MINERALS INTERAGENCY SUBCOMMITTEE.
(a) In General.--The Critical Minerals Subcommittee of the National
Science and Technology Council (referred to in this section as
``Subcommittee'') shall coordinate Federal science and technology
efforts to ensure secure and reliable supplies of critical minerals to
the United States.
(b) Purposes.--The purposes of the Subcommittee shall be--
(1) to advise and assist the Committee on Homeland and
National Security and the National Science and Technology
Council on United States policies, procedures, and plans as it
relates to critical minerals, including--
(A) Federal research, development, and deployment
efforts to optimize methods for extractions,
concentration, separation, and purification of
conventional, secondary, and unconventional sources of
critical minerals;
(B) efficient use and reuse of critical minerals;
(C) the critical minerals workforce of the United
States; and
(D) United States private industry investments in
innovation and technology transfer from federally
funded science and technology;
(2) to identify emerging opportunities, stimulate
international cooperation, and foster the development of secure
and reliable supply chains of critical minerals;
(3) to ensure the transparency of information and data
related to critical minerals; and
(4) to provide recommendations on coordination and
collaboration among the research, development, and deployment
programs and activities of Federal agencies to promote a secure
and reliable supply of critical minerals necessary to maintain
national security, economic well-being, and industrial
production.
(c) Responsibilities.--In carrying out paragraphs (1) and (2), the
Subcommittee shall, taking into account the findings and
recommendations of relevant advisory committees--
(1) provide recommendations on how Federal agencies may
improve the topographic, geologic, and geophysical mapping of
the United States and improve the discoverability,
accessibility, and usability of the resulting and existing
data, to the extent permitted by law and subject to appropriate
limitation for purposes of privacy and security; assess the
progress towards developing critical minerals recycling and
reprocessing technologies, and technological alternatives to
critical minerals;
(2) examine options and provide recommendations for
accessing and developing critical minerals through investment
and trade with allies and partners of the United States;
(3) evaluate and provide recommendations to incentivize the
development and use of advances in science and technology in
the private industry;
(4) assess the need for, and make recommendations to
address, the challenges facing the critical minerals supply
chain workforce of the United States, including aging and
retiring personnel and faculty; public perceptions about the
nature of mining and mineral processing; and foreign
competition for United States talent; and
(5) develop, and update as necessary, a strategic plan to
guide Federal programs and activities to enhance scientific and
technical capabilities across critical mineral supply chains,
including a roadmap that identifies key research and
development needs and coordinates ongoing activities for source
diversification, more efficient use, recycling, and
substitution for critical minerals; as well as cross-cutting
mining science, data science techniques, manufacturing science
and engineering, computational modeling, and environmental
health and safety research and development.
SEC. 102. CRITICAL MINERALS MINING RESEARCH AND DEVELOPMENT AT THE
NATIONAL SCIENCE FOUNDATION.
(a) In General.--The Director of the National Science Foundation
shall award grants, on a competitive basis, to institutions of higher
education or nonprofit organizations (or consortium of such
institutions or organizations) to support basic research that will
accelerate innovation to advance critical minerals mining strategies
and technologies for the purpose of making better use of domestic
resources and eliminating national reliance on minerals and mineral
materials that are subject to supply disruptions.
(b) Use of Funds.--Activities funded by a grant under this section
may include--
(1) advancing mining research and development activities to
develop new mapping and mining technologies and techniques,
including advanced critical mineral extraction and production,
to improve existing or to develop new supply chains of critical
minerals and to yield more efficient, economical, and
environmentally benign mining practices;
(2) advancing critical mineral processing research
activities to improve separation, alloying, manufacturing or
recycling techniques and technologies that can decrease the
energy intensity, waste, potential environmental impact and
costs of those activities;
(3) conducting long-term earth observatory of reclaimed
mine sites, including the study of the evolution of microbial
diversity at such sites;
(4) examining the application of artificial intelligence
for geological exploration of critical minerals, including what
size and diversity of data sets would be required;
(5) examining the application of machine learning for
detection and sorting of critical minerals, and determining the
size and diversity of data sets required for this analysis;
(6) conducting detailed isotope studies of critical
minerals and the development of more refined geologic models;
and
(7) providing training and researcher opportunities to
undergraduate and graduate students to prepare the next
generation of mining engineers and researchers.
SEC. 103. RARE EARTH ELEMENTS AND CRITICAL MINERALS PROCESSING
TECHNOLOGIES.
(a) Research Program for the Recovery of Critical Minerals From
Various Forms of Mine Waste and Metallurgical Activities.--
(1) In general.--The Secretary of Energy, in consultation
with the Secretary, acting through the Office of Surface Mining
Reclamation and Enforcement Applied Science Program, shall
carry out a grant program--
(A) to research, develop, and assess advanced
processing technologies and techniques for the
extraction, recovery, and reduction of critical
minerals, including rare earth elements, from various
forms of mine waste and metallurgical activities,
including mine waste piles, abandoned mine land sites,
acid mine drainage sludge, byproducts produced through
legacy mining and metallurgy activities, or oil shale;
and
(B) to determine if there are, and mitigate if
present, any potential environmental impacts that could
arise from the recovery of critical minerals from these
resources.
(2) Authorization of appropriations.-- To carry out the
program under paragraph (1) there is authorized to be
appropriated to the Secretary of the Energy $15,000,000 for
each of fiscal years 2022 through 2026, and to the Secretary of
the Interior $10,000,000 for each of fiscal years 2022 through
2026.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Energy, in consultation with the Secretary,
shall submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources, the Committee on
Science, Space, and Technology, and the Committee on Energy and
Commerce of the House of Representatives a report evaluating the
research and development of advanced processing technologies for the
extraction, recovery, and reduction of critical minerals, including
rare earth elements, from mine waste piles, acid mine drainage sludge,
byproducts produced through legacy mining and metallurgy activities, or
oil shale.
TITLE II--CRITICAL MINERAL DEVELOPMENT AND TECHNOLOGY SUPPORT
SEC. 201. PERMITTING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) critical minerals are fundamental to the economy,
competitiveness, and security of the United States;
(2) to the maximum extent practicable, the critical mineral
needs of the United States should be satisfied by minerals,
elements, substances, and materials responsibly produced and
recycled in the United States; and
(3) the current Federal permitting process is an impediment
to mineral production and the mineral security of the United
States.
(b) Coordination on Permitting Process.--
(1) In general.--The Secretary, in consultation with
appropriate Federal agencies, shall, to the maximum extent
practicable, with respect to the Federal permitting and review
process for critical mineral projects on Federal land--
(A) establish and adhere to timelines and schedules
for the consideration of, and final decisions
regarding, applications, operating plans, leases,
licenses, permits, and other use authorizations for
mineral-related activities on Federal land;
(B) establish clear, quantifiable, and temporal
permitting performance goals and tracking progress
against those goals;
(C) engage in early collaboration among agencies,
project sponsors, and affected stakeholders--
(i) to incorporate and address the
interests of each such agency, sponsor, and
stakeholder; and
(ii) to minimize delays;
(D) ensure transparency and accountability by using
cost-effective information technology to collect and
disseminate information regarding individual critical
mineral projects and agency performance;
(E) engage in early and active consultation with
State and local governments and Indian Tribes to avoid
conflicts or duplication of effort, resolve concerns,
and allow for concurrent, rather than sequential,
State, local, Tribal, and Federal environmental and
regulatory reviews;
(F) meet or exceed the performance metrics required
by subsection (g);
(G) expand and institutionalize permitting and
review process improvements that have proven effective;
(H) develop mechanisms to better communicate
priorities and resolve disputes among agencies at the
national, regional, State, and local levels; and
(I) develop other practices to improve the
regulatory processes, such as preapplication
procedures.
(2) Considerations.--In carrying out paragraph (1), the
lead agency shall consider deferring to, and relying on,
baseline data, analyses, and reviews performed by State
agencies with jurisdiction over the proposed critical mineral
project.
(3) Memorandum of agreement.--The lead agency with respect
to a critical mineral project on Federal land, in consultation
with any other Federal agency with jurisdiction over such
project, shall, upon request of the project sponsor, a State or
local government, an Indian Tribe, or other entity such lead
agency determines appropriate, establish a memorandum of
agreement with the project sponsor, a State or local
government, an Indian Tribe, or another entity such lead agency
determines appropriate to carry out the activities described in
this subsection.
(4) Time limit for permitting process.--Notwithstanding any
other provision of law, and except with agreement of the
project sponsor, the total period for all necessary Federal
reviews and permit consideration for a critical mineral project
on Federal land reasonably expected to produce critical
minerals may not exceed--
(A) with respect to a project that requires an
environmental assessment under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)), 18 months; or
(B) with respect to a project that requires an
environmental impact statement under such section, 24
months.
(c) Determination Under National Environmental Policy Act.--
(1) In general.--To the extent that the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applies to the issuance of any mineral exploration or mine
permit relating to a critical mineral project, the lead agency
may deem the requirements of such Act satisfied if the lead
agency determines that a State or Federal agency acting under
State or Federal law has addressed the following factors:
(A) The environmental impact of the action to be
conducted under the permit.
(B) Possible alternatives to issuance of the
permit.
(C) The relationship between long- and short-term
uses of the local environment and the maintenance and
enhancement of long-term productivity.
(D) Any irreversible and irretrievable commitment
of resources that would be involved in the proposed
action.
(2) Publication.--The lead agency shall publish a
determination under paragraph (1) not later than 90 days after
receipt of an application for the permit.
(3) Verification.--The lead agency shall publish a
determination that the factors under paragraph (1) have been
sufficiently addressed and public participation has occurred
with regard to any authorizing actions before issuing any
mineral exploration or mine permit for a critical mineral
project.
(d) Schedule for Permitting Process.--For any critical mineral
project for which the lead agency cannot make the determination
described in subsection (c), at the request of a project sponsor, the
lead agency, cooperating agencies, and any other agencies involved with
the mineral exploration or mine permitting process shall enter into an
agreement with the project sponsor that sets time limits for each part
of the permitting process, including--
(1) the decision on whether to prepare an environmental
impact statement or similar analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(2) a determination of the scope of any environmental
impact statement or similar analysis required under such Act;
(3) the scope of, and schedule for, the baseline studies
required to prepare an environmental impact statement or
similar analysis required under such Act;
(4) preparation of any draft environmental impact statement
or similar analysis required under such Act;
(5) preparation of a final environmental impact statement
or similar analysis required under such Act;
(6) any consultations required under applicable law;
(7) submission and review of any comments required under
applicable law;
(8) publication of any public notices required under
applicable law; and
(9) any final or interim decisions.
(e) Addressing Public Comments.--As part of the review process of a
critical mineral project under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the lead agency may not address any
agency or public comments that were not submitted--
(1) during a public comment period or consultation period
provided during the permitting process; or
(2) as otherwise required by law.
(f) Review and Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of Agriculture
shall submit to Congress a report that--
(1) identifies additional measures (including regulatory
and legislative proposals, as appropriate) that would increase
the timeliness of permitting activities for the exploration and
development of domestic critical minerals;
(2) identifies options (including cost recovery paid by
permit applicants, as appropriate) for ensuring adequate
staffing and training of Federal entities and personnel
responsible for the consideration of applications, operating
plans, leases, licenses, permits, and other use authorizations
for critical mineral projects on Federal land;
(3) quantifies the amount of time typically required
(including a range derived from minimum and maximum durations,
mean, median, variance, and any other statistical measure or
representation the Secretary and the Secretary of Agriculture
determine appropriate) to complete each step (including those
aspects outside the control of the executive branch, such as
judicial review, applicant decisions, or State and local
government involvement) associated with the development and
processing of applications, operating plans, leases, licenses,
permits, and other use authorizations for a mineral exploration
or mine permit for a critical mineral project; and
(4) describes actions carried out pursuant to subsection
(b).
(g) Performance Metric.--Not later than 90 days after the date of
submission of the report under subsection (f), the Secretary and the
Secretary of Agriculture, after providing public notice and an
opportunity to comment, shall develop and publish a performance metric
for evaluating the progress made by the executive branch to expedite
the permitting of critical mineral projects.
(h) Annual Reports.--Beginning with the first budget submission by
the President under section 1105 of title 31, United States Code, after
publication of the performance metric required under subsection (g),
and annually thereafter, the Secretary and the Secretary of Agriculture
shall jointly submit to Congress a report that--
(1) summarizes the implementation of recommendations,
measures, and options identified in paragraphs (1) and (2) of
subsection (f);
(2) using the performance metric under subsection (g),
describes progress made by the executive branch, as compared to
the baseline established pursuant to subsection (d)(3), on
expediting the permitting of activities that will increase
exploration for, and development of, domestic critical
minerals; and
(3) compares the United States to other countries in terms
of permitting efficiency and any other criteria relevant to the
globally competitive critical minerals industry.
(i) Individual Projects.--Using data from the Secretary of
Agriculture and the Secretary generated under subsection (h), the
Director of the Office of Management and Budget shall prioritize
inclusion of individual critical mineral projects on the website
operated by the Office of Management and Budget in accordance with
section 1122 of title 31, United States Code.
(j) Report of Small Business Administration.--Not later than 1 year
and 300 days after the date of enactment of this Act, the Administrator
of the Small Business Administration shall submit to the Committees on
Small Business and Natural Resources of the House of Representatives
and Small Business and Entrepreneurship and Energy and Natural
Resources of the Senate a report that assesses the performance of
Federal agencies with respect to--
(1) complying with chapter 6 of title 5, United States
Code, in promulgating regulations applicable to the critical
minerals industry; and
(2) performing an analysis of regulations applicable to the
critical minerals industry that may be outmoded, inefficient,
duplicative, or excessively burdensome.
SEC. 202. TECHNOLOGY GRANTS.
(a) In General.--The Secretary, in coordination with the Secretary
of Energy, shall establish a competitive grant program to conduct
studies, research, and demonstration projects relating to the
production of critical minerals, including--
(1) studies of mining, mineral extraction efficiency, and
related processing technology;
(2) reclamation technology and practices for active mining
operations;
(3) the development of remining systems and technologies
that facilitate reclamation that fosters the recovery of
resources at abandoned mine sites;
(4) investigations of critical mineral extraction methods
that reduce environmental and human impacts;
(5) reducing dependence on foreign energy and mineral
supplies through increased domestic critical mineral
production;
(6) enhancing the competitiveness of United States energy
and mineral technology exports;
(7) the extraction or processing of coinciding
mineralization, including rare earth elements, within coal,
coal processing byproduct, overburden or coal residue;
(8) enhancing technologies and practices related to
mitigation of acid mine drainage, reforestation, and
revegetation in the reclamation of land and water resources
adversely affected by mining;
(9) meeting challenges of extreme mining conditions, such
as deeper deposits or offshore or cold region mining; and
(10) mineral economics, including analysis of supply
chains, future mineral needs, and unconventional mining
resources.
(b) Minimum Amount for Mining Schools.--Of amounts expended
pursuant to this section, not less than 70 percent shall be expended to
enhance and support mining and mineral engineering programs at mining
schools in the United States.
(c) Public Participation.--The Secretary shall consult with
relevant stakeholders and provide a significant opportunity for
participation by undergraduate and graduate students at mining schools.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this title $10,000,000 for each of fiscal
years 2022 through 2032.
(e) Mining School.--In this section, the term ``mining school''
means a mining, metallurgical, or mineral engineering program or
department accredited by the Accreditation Board for Engineering and
Technology, Inc., that is located at an institution of higher education
(as that term is defined in section 631(a) of the Higher Education Act
of 1965 (20 U.S.C. 1132(a))) in the United States.
SEC. 203. ECONOMIC AND NATIONAL SECURITY ANALYSIS.
(a) Resource Assessments Required.--Federal lands and waters may
not be withdrawn from entry under the mining laws or operation of the
mineral leasing and mineral materials laws unless a quantitative and
qualitative geophysical and geological mineral resource assessment of
the impacted area has been completed during the 10-year period ending
on the date of such withdrawal or has been certified as current by the
Director of the United States Geological Survey.
(b) New Information.--If a resource assessment completed by the
Director of the United States Geological Survey shows that a previously
undiscovered deposit is likely present in an area that has been
withdrawn from entry under the mining laws or operation of the mineral
leasing and mineral materials laws pursuant to--
(1) section 204 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1714), the Secretary shall update the
existing Resource Management Plan for such area; or
(2) chapter 3203 of title 54, United States Code, the
Secretary shall provide recommendations to the President on
appropriate measures to reduce unnecessary impacts that the
withdrawal may have on critical mineral exploration,
development, and other mining activities.
(c) Resource Management Plans.--Before a resource management plan
under the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.) is updated or completed, the Secretary or Secretary of
Agriculture, as applicable, shall, in consultation with the Director of
the United States Geological Survey--
(1) review a quantitative and qualitative mineral resource
assessment that was completed or updated during the 10-year
period ending on the date the resource management plan is
updated or completed or is certified as current by the Director
of the United States Geological Survey for the geographic area
affected by the resource management plan; and
(2) in consultation with the Departments of Commerce and
Defense, consider the economic, strategic and national security
value of mineral deposits in the impacted geographic area
affected by the resource management plan.
(d) Previously Undiscovered Deposit.--In this section, the term
``previously undiscovered deposit'' means a deposit that has been
previously evaluated by the United States Geological Survey and found
to be of low mineral potential but upon subsequent evaluation is
determined to have recoverable quantities of a critical mineral.
SEC. 204. CONGRESSIONAL APPROVAL.
(a) Moratoria.--Notwithstanding any other provision of law, the
Secretary may not declare a moratorium on issuing leases, claims, or
permits on Federal lands, including on the Outer Continental Shelf, for
the mining of critical minerals, or related activities unless such
moratorium is authorized by an Act of Congress.
(b) Limitation.--Notwithstanding any other provision of law, the
Secretary may not withdraw Federal lands and waters from entry under
the mining laws or operation of the mineral leasing and mineral
materials laws for the mining of critical minerals without
congressional approval if such withdrawal--
(1) exceeds 5,000 acres in a single withdrawal; or
(2) is of a parcel the exterior boundary of which is less
than 50 miles away from the exterior boundary of another parcel
that was withdrawn during the 1-year period ending on the date
of withdrawal of the parcel at issue.
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