[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2965 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2965
To establish a critical mineral environmental processing and mining
cleanup program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28 (legislative day, September 22), 2023
Mr. Wyden introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish a critical mineral environmental processing and mining
cleanup program, 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. CRITICAL MINERAL ENVIRONMENTAL PROCESSING AND MINING CLEANUP
PROGRAM.
(a) Definitions.--In this section:
(1) Critical mineral.--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)).
(2) Eligible entity.--The term ``eligible entity'' means an
entity engaged in or intending to engage in--
(A) the mining or manufacturing of critical
minerals or the reprocessing or recycling of mine
tailings, smelter or refinery slags, or residues; or
(B) any other value-added, mining-related,
manufacturing-related, or processing-related use of
critical minerals undertaken within the United States.
(3) Eligible mineral.--The term ``eligible mineral'' means
each of the minerals identified by the Secretary under
subsection (b)(2)(A).
(4) Manufacture.--The term ``manufacture'', with respect to
a mineral, means to process, refine, alloy, separate, smelt,
concentrate, or beneficiate the mineral.
(5) Program.--The term ``program'' means the competitive
grant program established under subsection (b)(1).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Program Establishment.--
(1) In general.--The Secretary shall establish a program to
award competitive grants to eligible entities for the
manufacturing of eligible minerals.
(2) Determination; identification.--
(A) Eligible minerals.--Not later than 1 year after
the date of enactment of this Act, the Secretary, in
coordination with the National Economic Council, shall
identify as eligible minerals--
(i) the 10 critical minerals that are the
most critical for manufacturing and energy
independence; and
(ii) the 10 minerals that are the most
critical to the United States to reduce energy
dependence on mineral imports.
(B) Suitable locations.--
(i) In general.--The Secretary shall
identify Federal and non-Federal land for which
it is economically feasible and environmentally
sound to mine the eligible minerals.
(ii) Requirement.--The Secretary shall
establish for each suitable location identified
under clause (i) a mitigation plan to combat
environmental and health risks posed by the
mining and manufacturing of eligible minerals
to--
(I) federally recognized Indian
Tribes;
(II) communities at risk of
pollution from mining activities; and
(III) clean drinking water sources.
(C) No duplication of efforts.--To the maximum
extent practicable, in carrying out subparagraphs (A)
and (B), the Secretary shall use existing analyses of
the Department of the Interior, including the United
States Geological Survey.
(3) Selection.--
(A) Applications.--An eligible entity seeking a
grant under the program shall submit to the Secretary
an application at such time, in such manner, and
containing such information as the Secretary may
require.
(B) Selection criteria.--In awarding grants under
the program, the Secretary shall only award grants to
eligible entities that--
(i) have documented interests in
constructing, expanding, or modernizing
facilities that carry out an activity or use
described in subparagraph (A) or (B) of
subsection (a)(2); and
(ii) demonstrate strong labor protections,
including prevailing wage requirements.
(4) Use of funds.--A grant under the program may be used
for the environmental assessment, processing, mitigation, and
cleanup necessary to mine or manufacture eligible minerals on
the Federal and non-Federal land identified under paragraph
(2)(B)(i).
(5) Environmental laws.--In carrying out activities using a
grant under the program, an eligible entity shall comply with--
(A) all applicable environmental laws (including
regulations); and
(B) any other environmental standards determined to
be necessary by the Secretary.
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program $10,000,000 for
each of fiscal years 2024 through 2029.
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