[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8981 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8981
To streamline hardrock mine permitting on Federal lands, support
technological and scientific advancements for mineral development,
expand the mining workforce, track global supply chains, strengthen
domestic refining and processing capacity, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2022
Mr. Westerman (for himself, Mrs. Rodgers of Washington, Mr. Upton, Mr.
Latta, Mr. Calvert, and Mr. Stauber) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committees on Agriculture, Foreign Affairs, Energy and
Commerce, Appropriations, and Science, Space, and Technology, 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 streamline hardrock mine permitting on Federal lands, support
technological and scientific advancements for mineral development,
expand the mining workforce, track global supply chains, strengthen
domestic refining and processing capacity, 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 ``Securing America's Mineral Supply
Chains Act of 2022''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PERMITTING
Sec. 101. Definitions.
Sec. 102. Minerals supply chain and reliability.
Sec. 103. Limitation on judicial review.
Sec. 104. Federal Register process improvement.
Sec. 105. Treatment of actions under Presidential Determination 202-11
for Federal permitting improvement
purposes.
Sec. 106. Mineral exploration activities with limited surface
disturbance.
Sec. 107. Use of mining claims for ancillary activities.
TITLE II--LAND USE PLANNING FOR MINERAL DEVELOPMENT
Sec. 201. Resource assessment and study required for withdrawal.
Sec. 202. Congressional approval.
TITLE III--TECHNOLOGICAL INNOVATION
Sec. 301. Mineral resource and technology grants.
Sec. 302. Carbon sequestration using mineralization.
Sec. 303. Rare earth elements and critical minerals processing
technologies.
TITLE IV--MINING WORKFORCE DEVELOPMENT
Sec. 401. Technology grants to strengthen domestic mining education.
Sec. 402. Authorization of the mineral resources assessment training
program.
TITLE V--MINERAL SUPPLY CHAIN SECURITY
Sec. 501. Ensuring consideration of uranium as a critical mineral.
Sec. 502. Report on investments of the Russian Federation and the
People's Republic of China in foreign
mining and processing industries.
Sec. 503. Report on mineral exploration and development in Afghanistan.
Sec. 504. Annual review of critical mineral designations.
TITLE VI--CRITICAL ENERGY RESOURCES
Sec. 601. Waiver for national security or energy security.
Sec. 602. Chemical substance review.
Sec. 603. Interim hazardous waste permits.
Sec. 604. Flexible air permits for critical energy resource facilities.
Sec. 605. Amendment to the Department of Energy Organization Act.
Sec. 606. Securing critical energy resource supply chains.
Sec. 607. Programs to restore domestic uranium supply services.
Sec. 608. Definitions.
TITLE I--PERMITTING
SEC. 101. DEFINITIONS.
In this Act:
(1) Byproduct.--The term ``byproduct'' has the meaning
given such term in section 7002(a) of the Energy Act of 2020
(30 U.S.C. 1606(a)).
(2) Critical mineral.--The term ``critical mineral'' has
the meaning given such term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)).
(3) 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).
(4) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Interior.
(5) 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.
(6) Lead agency.--The term ``lead agency'' means the agency
with primary responsibility for issuing a mineral exploration
or mine permit for a project.
SEC. 102. MINERALS SUPPLY CHAIN AND RELIABILITY.
Section 40206 of the Infrastructure Investment and Jobs Act (30
U.S.C. 1607) is amended--
(1) in the section heading, by striking ``Critical
minerals'' and inserting ``Minerals'';
(2) in subsection (a)--
(A) in the heading by striking ``Definition of
Critical Mineral'' and inserting ``Definitions'';
(B) by striking ``section,'' and inserting
``section:'';
(C) by striking ``the term `critical mineral' has
the meaning given the term in section 7002(a) of the
Energy Act of 2020 (30 U.S.C. 1606(a))'' and inserting
the following:
``(1) Mineral.--The term `mineral' means any mineral of a
kind that is locatable (including such minerals located on
lands acquired by the United States, as such term is defined in
section 102 of the Mineral Leasing Act for Acquired Lands)
under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91).'';
and
(D) by adding at the end the following:
``(2) 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
exploration for minerals that requires analysis under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(B) a plan of operations for a mineral project
approved by the Bureau of Land Management or the Forest
Service; or
``(C) any other permit or authorization for a
mineral project.
``(3) Mineral project.--The term `mineral project' means a
project--
``(A) located on--
``(i) a mining claim, millsite claim, or
tunnel site claim for any mineral;
``(ii) lands open to mineral entry; or
``(iii) a Federal mineral lease; and
``(B) for the purposes of exploring for or
producing minerals.
``(4) Lead agency.--The term `lead agency' means the
Federal agency with primary responsibility for issuing a
mineral exploration or mine permit for a mineral project.'';
(3) in subsection (b), by striking ``critical'' each place
it appears;
(4) in subsection (c)--
(A) by striking ``critical mineral production on
Federal land'' and inserting ``mineral projects'';
(B) by inserting ``, and in accordance with
subsection (h)'' after ``to the maximum extent
practicable'';
(C) by striking ``shall complete the'' and
inserting ``shall complete such'';
(D) in paragraph (1), by striking ``critical
mineral-related activities on Federal land'' and
inserting ``mineral projects'';
(E) in paragraph (8), by striking the ``and'' at
the end;
(F) in paragraph (9), by striking ``procedures.''
and inserting ``procedures; and''; and
(G) by adding at the end the following:
``(10) deferring to and relying on baseline data, analyses,
and reviews performed by State agencies with jurisdiction over
the environmental or reclamation permits for the proposed
mineral project.'';
(5) in subsection (d)--
(A) by striking ``critical'' each place it appears;
and
(B) in paragraph (3), by striking ``mineral-related
activities on Federal land'' and inserting ``mineral
projects'';
(6) in subsection (e), by striking ``critical'';
(7) in subsection (f), by striking ``critical'' each place
it appears;
(8) in subsection (g), by striking ``critical'' each place
it appears; and
(9) by adding at the end the following:
``(h) Other Requirements.--
``(1) Memorandum of agreement.--For purposes of maximizing
efficiency and effectiveness of the Federal permitting and
review processes described under subsection (c), the lead
agency in the Federal permitting and review processes of a
mineral project shall (in consultation with any other Federal
agency involved in such Federal permitting and review
processes, and upon request of the project applicant, an
affected State government, local government, or an Indian
Tribe, or other entity such lead agency determines appropriate)
enter into a memorandum of agreement to carry out the
activities described in subsection (c).
``(2) Timelines and schedules for nepa reviews.--
``(A) Deadlines.--Any timelines or schedules
established under subsection (c)(1) relating to a
review under section 102(2)(C) of the National
Environmental Policy Act of 1969 shall require that the
review process not exceed--
``(i) 18 months for an environmental
assessment; and
``(ii) 24 months for an environmental
impact statement.
``(B) Extension.--A project applicant may enter
into 1 or more agreements with a lead agency to extend
the deadlines described in clauses (i) and (ii) of
subparagraph (A) by, with respect to each such
agreement, not more than 6 months.
``(C) Adjustment of timelines.--At the request of a
project applicant, the lead agency and any other entity
which is a signatory to a memorandum of agreement under
paragraph (1) may, by unanimous agreement, adjust--
``(i) any deadlines described in
subparagraph (A); and
``(ii) any deadlines extended under
subparagraph (B).
``(3) Effect on pending applications.--Upon a written
request by a project applicant, the requirements of this
subsection shall apply to any application for a mineral
exploration or mine permit that was submitted before the date
of enactment of the Securing America's Mineral Supply Chains
Act of 2022.''.
SEC. 103. LIMITATION ON JUDICIAL REVIEW.
(a) In General.--Notwithstanding any other provision of law, a
claim arising under Federal law seeking judicial review of a permit,
license, or approval issued by a Federal lead agency for a mining
project shall be barred unless it is filed not later than 1 year after
the permit, license, or approval is final pursuant to the law under
which the agency action is taken, unless a shorter time is specified in
the Federal law pursuant to which judicial review is allowed.
(b) Savings Clause.--Nothing in this section shall create a right
to judicial review or place any limit on filing a claim that a person
has violated the terms of a permit, license, or approval.
SEC. 104. FEDERAL REGISTER PROCESS IMPROVEMENT.
Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is
amended--
(1) in paragraph (2), by striking ``critical'' both places
such term appears; and
(2) by striking paragraph (4).
SEC. 105. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-11
FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.
(a) In General.--Except as provided by subsection (c), an action
described in subsection (b) shall be--
(1) treated as a covered project, as defined in section
41001(6) of the Fixing America's Surface Transportation Act (42
U.S.C. 4370m(6)), without regard to the requirements of that
section; and
(2) included in the Permitting Dashboard maintained
pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
2(b)).
(b) Actions Described.--An action described in this subsection is
an action taken by the Secretary of Defense pursuant to Presidential
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions
under section 303 of the Defense Production Act of 1950) to create,
maintain, protect, expand, or restore sustainable and responsible
domestic production capabilities through--
(1) supporting feasibility studies for mature mining,
beneficiation, and value-added processing projects;
(2) by-product and co-product production at existing
mining, mine waste reclamation, and other industrial
facilities;
(3) modernization of mining, beneficiation, and value-added
processing to increase productivity, environmental
sustainability, and workforce safety; or
(4) any other activity authorized under section 14
303(a)(1) of the Defense Production Act of 1950 15 (50 U.S.C.
4533(a)(1)).
(c) Exception.--An action described in subsection (b) may not be
treated as a covered project or be included in the Permitting Dashboard
under subsection (a) if the project sponsor (as defined in section
41001(18) of the Fixing America's Surface Transportation Act (42 U.S.C.
21 4370m(18))) requests that the action not be treated as a covered
project.
SEC. 106. MINERAL EXPLORATION ACTIVITIES WITH LIMITED SURFACE
DISTURBANCE.
Notwithstanding any other provision of law, the Secretary, with
respect to lands administered by the Secretary, and the Secretary of
Agriculture with respect to National Forest System lands, shall allow
mineral exploration activities other than casual use to proceed after
receiving a notice in such time, place, and manner as the applicable
Secretary determines appropriate, describing the exploration activities
and subsequent reclamation activities if--
(1) the surface disturbance on Federal land will not exceed
5 acres;
(2) the Secretary determines that the notice is complete;
and
(3) the exploration activities are not on Federal land that
has been previously reclaimed.
SEC. 107. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.
Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30
U.S.C. 28f) is amended by adding at the end the following:
``(e) Security of Tenure.--
``(1) In general.--A claimant shall have the right to use
and occupy public land, before and after the discovery of a
valuable mineral deposit, in order to prospect, mine, conduct
processing operations, or carry out other activities reasonably
incident to such activities if--
``(A) such claimant makes a timely payment of the
location fee required by section 10102(g) and the claim
maintenance fee required by subsection (a); or
``(B) in the case of a claimant who qualifies for a
waiver under subsection (d), such claimant makes a
timely payment of the location fee and complies with
the required assessment work under the general mining
laws.
``(2) Fulfillment of federal land policy and management
act.--A claimant that fulfills the requirements of this section
and section 10102(g) shall be deemed to satisfy the
requirements of any provision of the Federal Land Policy and
Management Act that requires the payment of fair market value
to the United States for use of public lands and resources
relating to use of such lands and resources authorized by the
general mining laws.
``(3) Savings clause.--Nothing in this subsection may be
construed to diminish--
``(A) the rights of entry, use, and occupancy of a
claimant under the general mining laws; or
``(B) the rights of a claimant under the general
mining laws.''.
TITLE II--LAND USE PLANNING FOR MINERAL DEVELOPMENT
SEC. 201. RESOURCE ASSESSMENT AND STUDY REQUIRED FOR WITHDRAWAL.
(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--
(1) 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; or
(2) United States Geological Survey, in consultation with
the Department of Defense, Department of State, and the United
States Trade Representative, conducts a mineral assessment to
ensure that the minerals to be withdrawn by a proposed
withdrawal does not impede the ability of the United States or
its allies to procure a secure supply chain of mineral
resources, and in turn, result in negative impacts on--
(A) the economic or national security of the United
States or an ally of the United States;
(B) the ability of the United States to ensure an
appropriate balance of trade; or
(C) the ability of the United States to access
mineral resources certified as responsibly sourced and
not acquired through the use of child or slave labor.
(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. 202. CONGRESSIONAL APPROVAL.
(a) Moratoria.--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.
(b) Limitation.--Notwithstanding any other provision of law, the
Secretary and the Secretary of Agriculture 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 and any mineral commodity from which a byproduct of production
is a critical mineral 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.
(c) Prohibition on Rescission of Leases, Permits, or Claims.--The
President or Secretary, or Secretary of Agriculture as applicable, may
not rescind any existing lease, permit, or claim on the mining and
extraction of any critical mineral or common varieties of sand, stone,
and gravel on National Forest System or Bureau of Land Management land
unless specifically authorized by an Act of Congress, or upon the
lessee, permittee, or claimant's failure to comply with any of the
provisions of its agreement.
TITLE III--TECHNOLOGICAL INNOVATION
SEC. 301. MINERAL RESOURCE AND TECHNOLOGY GRANTS.
(a) In General.--The Director of the United States Geological
Survey shall establish a competitive grant program to provide grants to
eligible entities to conduct studies, research, and demonstration
projects relating to the production of critical minerals, including--
(1) the geologic setting and genesis of United States
mineral resources in a global context, in order to ensure a
sustainable supply of minerals for the Nation's future;
(2) mineral deposits, mineralizing processes, and
identifying undiscovered resources, provide objective
information and analysis related to minerals issues to support
national security, land use, resource policy, and environmental
or public health and safety decision makers;
(3) collect, compile, analyze, and disseminate data and
develop and maintain national and international databases for
timely release of information to users;
(4) apply mineral-resource expertise and technologies to
non-mineral-resource issues; or
(5) studies of mining, mineral extraction, processing and
reclamation technologies.
(b) Eligible Entities.--For the purposes of this section, the term
``eligible entities'' means--
(1) universities, including mining schools;
(2) State agencies, including State geological surveys; and
(3) private sector organizations with the ability to carry
out the purposes identified in this section that partner with
State agencies or universities, including mining schools.
SEC. 302. CARBON SEQUESTRATION USING MINERALIZATION.
(a) National Resource Assessment for Carbon Mineralization.--Not
later than 1 year after the date of enactment of this section, the
Director of the United States Geological Survey, in consultation with
the Director of the Bureau of Land Management, the State geological
surveys, and the Secretary of Energy, shall conduct a national resource
assessment of high potential areas for carbon mineralization, both in
situ and ex situ, including but not limited to utilization of mine
tailings.
(b) Pilot Project.--The Director of the United States Geological
Survey, in consultation with the Director of the Bureau of Land
Management and applicable State geological surveys, shall conduct a
pilot project through the Mineral Resources Assessment Training
program, established under section 402, for the following purposes:
(1) Identification of new areas of high carbon
mineralization potential in the United States, both in situ and
ex situ.
(2) Further analysis of areas previously identified by the
United States Geological Survey, State geological surveys, or
other data science agencies as high potential areas for carbon
mineralization in the United States.
(3) To the extent practicable, evaluation of the economic
viability of carbon mineralization efforts in identified areas.
(c) Database.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Director of the United States
Geological Survey, in consultation with applicable State and
Federal data science and land management agencies, shall
establish a national database of high potential areas for in
situ and ex situ carbon mineralization in the United States.
(2) Integration of data.--The database established in this
subsection shall integrate data or other analysis collected
through the activities required by subsections (a) and (b).
(d) Savings Clause.--Nothing in this section shall be construed as
requiring prioritization of the use of mine tailing for carbon
mineralization compared to the use of mine tailings for any other
purpose.
SEC. 303. 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.--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--
(1) 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
(2) 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.
(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 IV--MINING WORKFORCE DEVELOPMENT
SEC. 401. TECHNOLOGY GRANTS TO STRENGTHEN DOMESTIC MINING EDUCATION.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Mining
Professional Development Advisory Board established by
subsection (d)(1).
(2) Mining industry.--The term ``mining industry'' means
the mining industry of the United States, consisting of the
search for, extraction, beneficiation, refining, smelting, and
processing of, naturally occurring metal and nonmetal minerals
from the earth.
(3) Mining profession.--The term ``mining profession''
means the body of jobs directly relevant to--
(A) the exploration, planning, execution, and
remediation of metal and nonmetal mining sites; and
(B) the extraction, including the separation,
refining, alloying, smelting, concentration, and
processing, of mineral ores.
(4) Mining school.--The term ``mining school'' means--
(A) a mining, metallurgical, geological, or mineral
engineering program accredited by the Accreditation
Board for Engineering and Technology, Inc., that is
located at an institution of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)); or
(B) a geology or engineering program or department
that is located at a 4-year public institution of
higher education (as so defined) located in a qualified
State.
(5) Qualified state.--The term ``qualified State'' means a
State that, in the 5 years preceding the date of an application
for a grant under this section, averaged not less than
$2,000,000,000 in the combined categories of ``Mining (except
oil and gas)'' and ``Support activities for mining'', according
to the Bureau of Economic Analysis.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Domestic Mining Education Strengthening Program.--The Secretary
shall establish a program to strengthen domestic mining education under
which the Secretary shall award competitive grants to mining schools
for the purposes described in paragraph (4).
(c) Grants.--
(1) In general.--In carrying out the grant program
established under subsection (b), the Secretary shall award not
more than 10 grants each year to mining schools.
(2) Selection requirements.--
(A) In general.--To the maximum extent practicable,
the Secretary shall select recipients for grants under
paragraph (1) to ensure geographic diversity among
grant recipients to ensure that region-specific
specialties are developed for region-specific geology.
(B) Timeline.--
(i) In general.--The Secretary shall award
the first grant under paragraph (1) not later
than 1 year after the date of enactment of this
Act.
(ii) Subsequent grants.--Each year
following the first year in which grants are
awarded pursuant to clause (i), the Secretary
shall award subsequent grants by not later than
1 year after the date on which the grants were
awarded the previous year.
(3) Recommendations of the board.--In selecting recipients
for grants under paragraph (1) and determining the amount of
each grant, the Secretary shall take into consideration the
recommendations of the Board under subparagraphs (A) and (B) of
subsection (d)(3).
(4) Use of funds.--A mining school shall use grant funds
received under this section--
(A) to recruit students to the mining school,
including through awarding scholarships; and
(B) to enhance and support programs related to, as
applicable--
(i) mining, mineral extraction efficiency,
and related processing technology;
(ii) emphasizing critical mineral and rare
earth element exploration, extraction, and
refining;
(iii) reclamation technology and practices
for active mining operations;
(iv) the development of reprocessing
systems and technologies that facilitate
reclamation that fosters the recovery of
resources at abandoned mine sites;
(v) mineral extraction methods that reduce
environmental and human impacts;
(vi) technologies to extract, refine,
separate, melt, or produce minerals, including
rare earth elements;
(vii) reducing dependence on foreign energy
and mineral supplies through increased domestic
critical mineral production;
(viii) enhancing the competitiveness of
United States energy and mineral technology
exports;
(ix) the extraction or processing of
coinciding mineralization, including rare earth
elements, within coal, coal processing
byproduct, overburden, or coal residue;
(x) enhancing technologies and practices
relating to mitigation of acid mine drainage,
reforestation, and revegetation in the
reclamation of land and water resources
adversely affected by mining;
(xi) enhancing exploration and
characterization of new or novel deposits,
including rare earth elements and critical
minerals within phosphate rocks, uranium-
bearing deposits, and other nontraditional
sources;
(xii) meeting challenges of extreme mining
conditions, such as deeper deposits or offshore
or cold region mining; and
(xiii) mineral economics, including
analysis of supply chains, future mineral
needs, and unconventional mining resources.
(d) Mining Professional Development Advisory Board.--
(1) In general.--There is established an advisory board, to
be known as the ``Mining Professional Development Advisory
Board''.
(2) Composition.--The Board shall be composed of 6 members,
to be appointed by the Secretary not later than 180 days after
the date of enactment of this Act, of whom--
(A) 3 shall be individuals who are actively working
in the mining profession and for the mining industry;
and
(B) 3 shall have experience in academia
implementing and operating professional skills training
and education programs in the mining sector.
(3) Duties.--The Board shall--
(A) evaluate grant applications received under
subsection (c) and make recommendations to the
Secretary for selection of grant recipients under that
subsection;
(B) propose the amount of the grant for each
applicant recommended to be selected under subparagraph
(A); and
(C) perform oversight to ensure that grant funds
awarded under subsection (c) are used for the purposes
described in paragraph (4) of that subsection.
(4) Term.--A member of the Board shall serve for a term of
4 years.
(5) Vacancies.--A vacancy on the Board--
(A) shall not affect the powers of the Board; and
(B) shall be filled in the same manner as the
original appointment was made by not later than 180
days after the date on which the vacancy occurs.
SEC. 402. AUTHORIZATION OF THE MINERAL RESOURCES ASSESSMENT TRAINING
PROGRAM.
(a) Establishment.--Within one year of enactment of this section,
the United States Geological Survey shall establish a Mineral Resources
Assessment Training Program to train early and mid-career scientists,
employed at the United States Geological Survey to carry out mineral
assessments and associated activities.
(1) Training shall be conducted over a two-year curriculum
period.
(2) Training curriculum shall be conducted for applicable
students at regular intervals not less than once every five
years.
(b) Pilot Projects.--Participants of the program established by (a)
may conduct pilot projects furthering the goals of the United States
Geological Survey Mineral Resources Program as part of training
curriculum. Such pilot projects may be conducted in conjunction with
State geological surveys, the Bureau of Land Management, and other data
science and land management agencies.
(c) Interagency Training.--In carrying out the goals of this
section, the United States Geological Survey is authorized to conduct
joint training sessions with other data science and land management
agencies, including but not limited to the Bureau of Land Management
and State geological surveys.
TITLE V--MINERAL SUPPLY CHAIN SECURITY
SEC. 501. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.
Section 7002(a)(3)(B)(i) is amended to read as follows:
``(i) oil, oil shale, coal, or natural
gas;''.
SEC. 502. REPORT ON INVESTMENTS OF THE RUSSIAN FEDERATION AND THE
PEOPLE'S REPUBLIC OF CHINA IN FOREIGN MINING AND
PROCESSING INDUSTRIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter for 5 years, the
Secretary, acting through the Director of the United States Geological
Survey, in consultation with the Secretary of Commerce, the Secretary
of State, and the Secretary of Homeland Security, shall submit to the
appropriate congressional committees a report that--
(1) describes the involvement of the Government of the
People's Republic of China, People's Republic of China state-
sponsored companies, and companies incorporated in the People's
Republic of China and the involvement of the Government of the
Russian Federation, state-sponsored companies of the Russian
Federation, and companies incorporated in the Russian
Federation in the exploration, planning, development,
operation, production, financing, or ownership of mining or
processing facilities as identified in global investment trends
by the World Mineral Outlook, and in countries identified in
the United States Geological Survey's Annual Mineral Commodity
Summaries for which the United States imports minerals, metals,
and materials; and
(2) evaluates strategic or security concerns and
implications for United States national security and economic
interests and the interests of the countries identified
pursuant to paragraph (1) with respect to the People's Republic
of China's involvement and influence in developing the
country's mining and processing industries.
(b) Publication.--The report required under subsection (a) shall be
published on the respective websites of the Department of State, the
Department of Commerce, the Department of Homeland Security, and the
United States Geological Survey.
(c) Appropriate Congressional Committee Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Natural Resources, the Committee on
Foreign Affairs, the Committee on Energy and Commerce, and the
Committee on Homeland Security of the House of Representatives;
and
(2) the Committee on Energy and Natural Resources, the
Committee on Foreign Relations, the Committee on Finance, and
the Committee on Homeland Security and Governmental Affairs of
the Senate.
SEC. 503. REPORT ON MINERAL EXPLORATION AND DEVELOPMENT IN AFGHANISTAN.
Section 7002(d)(1) of the Energy Act of 2020 (30 U.S.C. 1606(d)(1))
is amended--
(1) in subparagraph (A), by striking ``and'';
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) describes the involvement of the Government
of the People's Republic of China, state sponsored
enterprises of such Government, and companies
incorporated under the laws of such Government in the
exploration, planning, development, operation,
production, or ownership of mining or processing
facilities in Afghanistan with respect to such
mineral.''.
SEC. 504. ANNUAL REVIEW OF CRITICAL MINERAL DESIGNATIONS.
Section 7002(c)(5)(A) of the Energy Act of 2020 (30 U.S.C.
1606(c)(5)(A)) is amended to read as follows:
``(A) In general.--The Secretary, in consultation
with the Secretaries of Defense, Commerce, Agriculture,
and Energy and the United States Trade Representative,
shall review the methodology and list under paragraph
(3) and the designations under paragraph (4)--
``(i) at least every 3 years;
``(ii) with respect to a specific mineral,
element, substance, or material, after any
change in circumstances that has a substantial
material effect on a factor described in
paragraph (4)(A) relating to such mineral,
element, substance, or material if such effect
is likely to lead to a change in the listing
status of such mineral, element, substance, or
material under such paragraph; and
``(iii) more frequently as the Secretary
considers to be appropriate.''.
TITLE VI--CRITICAL ENERGY RESOURCES
SEC. 601. WAIVER FOR NATIONAL SECURITY OR ENERGY SECURITY.
(a) Clean Air Act Requirements.--If the Administrator of the
Environmental Protection Agency, in consultation with the Secretary of
Energy, determines that processing or refining a critical energy
resource at a critical energy resource facility is important to the
national security or energy security of the United States, then the
Administrator may waive application of any requirement, sanction, or
fee under the Clean Air Act (42 U.S.C. 7401 et seq.) that the
Administrator, in consultation with the Governor of the State in which
the critical energy resource facility is located, determines
appropriate with respect to the critical energy resource facility.
(b) Solid Waste Disposal Act.--
(1) Hazardous waste management.--The Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) is amended by inserting after
section 3024 the following:
``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.
``(a) Determination.--If the Administrator, in consultation with
the Secretary of Energy, determines that processing or refining a
critical energy resource at a critical energy resource facility is
important to the national security or energy security of the United
States, then the Administrator may, with respect to the critical energy
resource facility, waive application of--
``(1) any standard established under section 3002, 3003, or
3004;
``(2) the permit requirement under section 3005; or
``(3) any other requirement of this title, as the
Administrator determines appropriate.
``(b) Critical Energy Resource; Critical Energy Resource
Facility.--The terms `critical energy resource' and `critical energy
resource facility' have the meanings given such terms in section 608 of
the Securing America's Mineral Supply Chains Act of 2022.''.
(2) Table of contents.--The Solid Waste Disposal Act is
amended in the table of contents by inserting after the item
relating to section 3024 the following:
``Sec. 3025. Waivers for critical energy resource facilities.''.
SEC. 602. CHEMICAL SUBSTANCE REVIEW.
Section 5(a) of the Toxic Substances Control Act (15 U.S.C.
2604(a)) is amended by adding at the end the following:
``(6) Critical energy resources.--
``(A) Standard.--For purposes of a determination
under paragraph (3) with respect to a chemical
substance that is a critical energy resource, the
Administrator shall take into consideration costs and
other nonrisk factors, notwithstanding any requirement
of this section to not take such factors into
consideration.
``(B) Failure to render determination.--If, with
respect to a chemical substance that is a critical
energy resource, the Administrator fails to make a
determination on a notice under paragraph (3) by the
end of the applicable review period and the notice has
not been withdrawn by the submitter, the submitter may
take the actions described in paragraph (1)(A) with
respect to the chemical substance.
``(C) Definition.--For purposes of this paragraph,
the term `critical energy resource' has the meaning
given that term in section 608 of the Securing
America's Mineral Supply Chains Act of 2022.''.
SEC. 603. INTERIM HAZARDOUS WASTE PERMITS.
Section 3005(e)(1)(A) of the Solid Waste Disposal Act (42 U.S.C.
6925(e)(1)(A)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by inserting ``or'' after ``this
section,''; and
(3) by adding at the end the following:
``(iii) is a critical energy resource facility (as
defined in section 608 of the Securing America's
Mineral Supply Chains Act of 2022),''.
SEC. 604. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY RESOURCE FACILITIES.
The Administrator of the Environmental Protection Agency shall, as
necessary, revise regulations under parts 70 and 71 of title 40, Code
of Federal Regulations, to--
(1) authorize the owner or operator of a critical energy
resource facility to utilize flexible air permitting (as
described in the final rule titled ``Operating Permit Programs;
Flexible Air Permitting Rule'' published by the Environmental
Protection Agency in the Federal Register on October 6, 2009
(74 Fed. Reg. 51418)) with respect to such critical energy
resource facility; and
(2) facilitate flexible, market-responsive operations (as
described in the final rule identified in paragraph (1)) with
respect to critical energy resource facilities.
SEC. 605. AMENDMENT TO THE DEPARTMENT OF ENERGY ORGANIZATION ACT.
The Department of Energy Organization Act (42 U.S.C. 7101 et seq.)
is amended--
(1) in section 2, by adding at the end the following:
``(d) As used in sections 102(20) and 203(a)(12), the term
`critical energy resource' means any energy resource that--
``(1) is essential to the energy sector and energy systems
of the United States; and
``(2) the supply chain of which is vulnerable to
disruption.'';
(2) in section 102, by adding at the end the following:
``(20) To ensure there is an adequate and reliable supply
of critical energy resources that are essential to the energy
security of the United States.''; and
(3) in section 203(a), by adding at the end the following:
``(12) Functions that relate to securing the supply of
critical energy resources, including identifying and mitigating
the effects of a disruption of such supply on--
``(A) the development and use of energy
technologies; and
``(B) the operation of energy systems.''.
SEC. 606. SECURING CRITICAL ENERGY RESOURCE SUPPLY CHAINS.
In carrying out the requirements of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), the Secretary of Energy, in
consultation with the appropriate Federal agencies, representatives of
the energy sector, States, and other stakeholders, shall--
(1) conduct ongoing assessments of--
(A) energy resource criticality based on the
importance of critical energy resources to the
development of energy technologies and the supply of
energy;
(B) the critical energy resource supply chain of
the United States; and
(C) the vulnerability of such supply chain;
(2) strengthen critical energy resource supply chains in
the United States, including by--
(A) diversifying the sources of the supply of
critical energy resources; and
(B) increasing domestic production, separation, and
processing of critical energy resources;
(3) develop substitutes and alternatives to critical energy
resources;
(4) improve technology that reuses and recycles critical
energy resources; and
(5) evaluate how the energy security of the United States
is affected by the reliance of the United States on importing
critical energy resources.
SEC. 607. PROGRAMS TO RESTORE DOMESTIC URANIUM SUPPLY SERVICES.
(a) National Strategic Uranium Reserve.--
(1) Program.--On the date of enactment of this Act, the
Secretary shall begin carrying out, using amounts transferred
under paragraph (6), a program to operate a national strategic
uranium reserve, to ensure the availability of uranium produced
and converted in the United States and for other purposes
described in paragraph (2), in accordance with this subsection.
(2) Purposes.--The purposes of the Uranium Reserve are--
(A) to ensure the availability of domestically
produced and converted uranium in the event of a supply
disruption;
(B) to address domestic nuclear fuel supply chain
gaps and deficiencies in uranium production and
conversion; and
(C) to support strategic nuclear fuel supply chain
capabilities in the United States.
(3) Activities.--In operating the Uranium Reserve, the
Secretary shall--
(A) operate the Uranium Reserve in a manner
consistent with the recommendations in the document
entitled ``Restoring America's Competitive Nuclear
Energy Advantage: A Strategy to Assure U.S. National
Security'', released by the United States Nuclear Fuel
Working Group in 2020;
(B) acquire uranium produced and converted in the
United States for storage in the Uranium Reserve in
sufficient amounts to sustain the continued operation
of nuclear reactors in the United States in the event
of a supply disruption;
(C) make uranium available from the Uranium Reserve
as needed, in a manner consistent with the cost
recovery requirements described in paragraph (4); and
(D) if uranium is made available from the Uranium
Reserve under subparagraph (C), replenish the Uranium
Reserve in a manner consistent with the requirements of
this subsection.
(4) Cost recovery.--
(A) In general.--In carrying out activities under
this subsection, the Secretary shall ensure that any
uranium acquired, provided, or made available through
the Uranium Reserve is subject to cost recovery based
on the fair market value of the applicable uranium.
(B) Availability of certain funds.--Notwithstanding
section 3302 of title 31, United States Code, revenues
received from the sale or transfer of uranium and other
activities related to making uranium available pursuant
to this subsection--
(i) shall be available to the Department
for carrying out the purposes of this
subsection, to reduce the need for further
appropriations for such purposes; and
(ii) shall remain available until expended.
(5) Exclusion.--The Secretary shall exclude from the
Uranium Reserve uranium from an entity that--
(A) is owned or controlled by the Government of the
Russian Federation or the Government of the People's
Republic of China; or
(B) is organized under the laws of, or otherwise
subject to the jurisdiction of, the Russian Federation
or the People's Republic of China.
(6) Funding transfer.--
(A) In general.--Notwithstanding any other
provision of law, the amounts described in subparagraph
(B) shall be transferred to the Office of Nuclear
Energy of the Department for the purpose of carrying
out the program described in paragraph (1) by--
(i) continuing the activities initiated by
the Department, including the National Nuclear
Security Administration, using the amounts
described in the proviso referred to in that
subparagraph;
(ii) carrying out other activities
consistent with the purposes for which the
amounts described in that proviso were
originally made available; and
(iii) carrying out activities in accordance
with this subsection.
(B) Amounts described.--The amounts referred to in
subparagraph (A) are the amounts that remain available
as of the date of enactment of this Act from the
$75,000,000 that shall be used for the Uranium Reserve
Program described in the first proviso under the
heading ``Weapons Activities'' under the heading
``NATIONAL NUCLEAR SECURITY ADMINISTRATION'' under the
heading ``ATOMIC ENERGY DEFENSE ACTIVITIES'' in title
III of division D of the Consolidated Appropriations
Act, 2021 (Public Law 116-260; 134 Stat. 1369), that
were made available to the Department by that Act.
(C) Clarification.--Subparagraph (A) does not
affect any amounts made available to the Department,
including the National Nuclear Security Administration,
that are not described in the proviso referred to in
subparagraph (B).
(b) Domestic Uranium Availability.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish and
carry out a program (referred to in this subsection as the
``program'') to ensure the availability of uranium produced,
converted, and enriched in the United States.
(2) Purposes.--The purposes of the program shall be--
(A) to eliminate reliance on Russian uranium;
(B) to address domestic nuclear fuel supply chain
gaps and deficiencies; and
(C) to ensure the availability of domestically
produced, converted, and enriched uranium to support
the continued operation of nuclear reactors in the
United States.
(3) Considerations.--In carrying out the program, the
Secretary shall consider, and, as appropriate, execute
options--
(A) to establish, through a competitive process,
new and, as appropriate, diverse domestic uranium
mining, conversion, and enrichment capacity that is
needed to replace uranium imported from Russia;
(B) to activate and expand the American Assured
Fuel Supply to meet domestic and international nuclear
fuel supply needs;
(C) to restock the American Assured Fuel Supply,
including by utilizing, or merging with, the Uranium
Reserve;
(D) that do not disrupt or replace market
mechanisms; and
(E) that ensure the use of domestic uranium
utilized as a result of the program does not negatively
impact the economic operation of nuclear reactors in
the United States.
(4) Exclusion.--The Secretary shall exclude from the
program uranium from an entity that--
(A) is owned or controlled by the Government of the
Russian Federation or the Government of the People's
Republic of China; or
(B) is organized under the laws of, or otherwise
subject to the jurisdiction of, the Russian Federation
or the People's Republic of China.
(c) Contracts.--The Secretary may acquire uranium for the program
carried out under subsection (a) or the program carried out under
subsection (b) through the use of any--
(1) competitive selection process that the Secretary
determines to be appropriate to achieve the purposes described
in subsection (a) or subsection (b) in an expeditious manner;
and
(2) contract or other arrangement of such duration as the
Secretary determines to be appropriate to achieve any such
purposes.
(d) USEC Privatization Act.--The requirements of section 3112 of
the USEC Privatization Act (42 U.S.C. 2297h-10) shall not apply to any
activity carried out under the program carried out under subsection (a)
or the program carried out under subsection (b).
(e) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary for Nuclear
Energy.
(3) Uranium reserve.--The term ``Uranium Reserve'' means
the national strategic uranium reserve operated pursuant to the
program described in subsection (a)(1).
SEC. 608. DEFINITIONS.
In this title:
(1) Critical energy resource.--The term ``critical energy
resource'' has the meaning given such term in section 2(d) of
the Department of Energy Organization Act (42 U.S.C. 7101(d)),
as added by section 605 of this title.
(2) Critical energy resource facility.--The term ``critical
energy resource facility'' means a facility that processes or
refines a critical energy resource.
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