American Mineral Security Act

II Calendar No. 251 116TH CONGRESS 1ST SESSION S. 1317 [Report No. 116–131] To facilitate the availability, development, and environmentally responsible production of domestic resources to meet national material or critical mineral needs, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 2, 2019 Ms. MURKOWSKI (for herself, Mr. MANCHIN, Mr. SULLIVAN, Ms. MCSALLY, Mr. CRAMER, Mr. RISCH, Mr. JONES, Mr. TILLIS, Mr. BARRASSO, Mrs. CAPITO, Mr. CRAPO, and Mr. DAINES) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources OCTOBER 22, 2019 Reported by Ms. MURKOWSKI, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To facilitate the availability, development, and environ- mentally responsible production of domestic resources to meet national material or critical mineral needs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1317.RS S1317 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1317 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘American Mineral Se- 2 curity Act’’. 3 SEC. 2. DEFINITIONS. 4 In this Act: 5 (1) CRITICAL MINERAL.— 6 (A) IN GENERAL.—The term ‘‘critical min- 7 eral’’ means any mineral, element, substance, or 8 material designated as critical by the Secretary 9 under section 4. 10 (B) EXCLUSIONS.—The term ‘‘critical 11 mineral’’ does not include— 12 (i) fuel minerals, including oil, natural 13 gas, or any other fossil fuels; or 14 (ii) water, ice, or snow. 15 (2) CRITICAL MINERAL MANUFACTURING.—The 16 term ‘‘critical mineral manufacturing’’ means— 17 (A) the exploration, development, mining, 18 production, processing, refining, alloying, sepa- 19 ration, concentration, magnetic sintering, melt- 20 ing, or beneficiation of critical minerals within 21 the United States; 22 (B) the fabrication, assembly, or produc- 23 tion, within the United States, of equipment, 24 components, or other goods with energy tech- 25 VerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1317.RS S1317 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1317 RS nology-, defense-, agriculture-, consumer elec- 1 tronics-, or health care-related applications; or 2 (C) any other value-added, manufacturing- 3 related use of critical minerals undertaken with- 4 in the United States. 5 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 6 has the meaning given the term in section 4 of the 7 Indian Self-Determination and Education Assistance 8 Act (25 U.S.C. 5304). 9 (4) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of the Interior. 11 (5) STATE.—The term ‘‘State’’ means— 12 (A) a State; 13 (B) the District of Columbia; 14 (C) the Commonwealth of Puerto Rico; 15 (D) Guam; 16 (E) American Samoa; 17 (F) the Commonwealth of the Northern 18 Mariana Islands; and 19 (G) the United States Virgin Islands. 20 SEC. 3. POLICY. 21 (a) IN GENERAL.—Section 3 of the National Mate- 22 rials and Minerals Policy, Research and Development Act 23 of 1980 (30 U.S.C. 1602) is amended in the second sen- 24 tence— 25 VerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1317.RS S1317 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1317 RS (1) by striking paragraph (3) and inserting the 1 following: 2 ‘‘(3) establish an analytical and forecasting ca- 3 pability for identifying critical mineral demand, sup- 4 ply, and other factors to allow informed actions to 5 be taken to avoid supply shortages, mitigate price 6 volatility, and prepare for demand growth and other 7 market shifts;’’; 8 (2) in paragraph (6), by striking ‘‘and’’ after 9 the semicolon at the end; and 10 (3) by striking paragraph (7) and inserting the 11 following: 12 ‘‘(7) facilitate the availability, development, and 13 environmentally responsible production of domestic 14 resources to meet national material or critical min- 15 eral needs; 16 ‘‘(8) avoid duplication of effort, prevent unnec- 17 essary paperwork, and minimize delays in the ad- 18 ministration of applicable laws (including regula- 19 tions) and the issuance of permits and authoriza- 20 tions necessary to explore for, develop, and produce 21 critical minerals and to construct critical mineral 22 manufacturing facilities in accordance with applica- 23 ble environmental and land management laws; 24 ‘‘(9) strengthen— 25 VerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1317.RS S1317 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1317 RS ‘‘(A) educational and research capabilities 1 at not lower than the secondary school level; 2 and 3 ‘‘(B) workforce training for exploration 4 and development of critical minerals and critical 5 mineral manufacturing; 6 ‘‘(10) bolster international cooperation through 7 technology transfer, information sharing, and other 8 means; 9 ‘‘(11) promote the efficient production, use, and 10 recycling of critical minerals; 11 ‘‘(12) develop alternatives to critical minerals; 12 and 13 ‘‘(13) establish contingencies for the production 14 of, or access to, critical minerals for which viable 15 sources do not exist within the United States.’’. 16 (b) CONFORMING AMENDMENT.—Section 2(b) of the 17 National Materials and Minerals Policy, Research and De- 18 velopment Act of 1980 (30 U.S.C. 1601(b)) is amended 19 by striking ‘‘(b) As used in this Act, the term’’ and insert- 20 ing the following: 21 ‘‘(b) DEFINITIONS.—In this Act: 22 ‘‘(1) CRITICAL MINERAL.—The term ‘critical 23 mineral’ means any mineral, element, substance, or 24 material designated as critical by the Secretary 25 VerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1317.RS S1317 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1317 RS under section 4 of the American Mineral Security 1 Act. 2 ‘‘(2) MATERIALS.—The term’’. 3 SEC. 4. CRITICAL MINERAL DESIGNATIONS. 4 (a) DRAFT METHODOLOGY AND LIST.—The Sec- 5 retary, acting through the Director of the United States 6 Geological Survey (referred to in this section as the ‘‘Sec- 7 retary’’), shall publish in the Federal Register for public 8 comment— 9 (1) a description of the draft methodology used 10 to identify a draft list of critical minerals; and 11 (2) a draft list of minerals, elements, sub- 12 stances, and materials that qualify as critical min- 13 erals. 14 (b) AVAILABILITY OF DATA.—If available data is in- 15 sufficient to provide a quantitative basis for the method- 16 ology developed under this section, qualitative evidence 17 may be used to the extent necessary. 18 (c) FINAL METHODOLOGY AND LIST.—After review- 19 ing public comments on the draft methodology and the 20 draft list of critical minerals published under subsection 21 (a) and updating the methodology and list as appropriate, 22 not later than 45 days after the date on which the public 23 comment period with respect to the draft methodology and 24 VerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1317.RS S1317 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1317 RS draft list closes, the Secretary shall publish in the Federal 1 Register— 2 (1) a description of the final methodology for 3 determining which minerals, elements, substances, 4 and materials qualify as critical minerals; and 5 (2) the final list of critical minerals. 6 (d) DESIGNATIONS.— 7 (1) IN GENERAL.—For purposes of carrying out 8 this section, the Secretary shall maintain a list of 9 minerals, elements, substances, and materials des- 10 ignated as critical, pursuant to the final method- 11 ology published under subsection (c), that the Sec- 12 retary determines— 13 (A) are essential to the economic or na- 14 tional security of the United States; 15 (B) the supply chain of which is vulnerable 16 to disruption (including restrictions associated 17 with foreign political risk, abrupt demand 18 growth, military conflict, violent unrest, anti- 19 competitive or protectionist behaviors, and other 20 risks throughout the supply chain); and 21 (C) serve an essential function in the man- 22 ufacturing of a product (including energy tech- 23 nology-, defense-, currency-, agriculture-, con- 24 sumer electronics-, and health care-related ap- 25 VerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1317.RS S1317 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1317 RS plications), the absence of which would have 1 significant consequences for the economic or na- 2 tional security of the United States. 3 (2) INCLUSIONS.—Notwithstanding the criteria 4 under subsection (c), the Secretary may designate 5 and include on the list any mineral, element, sub- 6 stance, or material determined by another Federal 7 agency to be strategic and critical to the defense or 8 national security of the United States. 9 (3) REQUIRED CONSULTATION.—The Secretary 10 shall consult with the Secretaries of Defense, Com- 11 merce, Agriculture, and Energy and the United 12 States Trade Representative in designating minerals, 13 elements, substances, and materials as critical under 14 this subsection. 15 (e) SUBSEQUENT REVIEW.— 16 (1) IN GENERAL.—The Secretary, in consulta- 17 tion with the Secretaries of Defense, Commerce, Ag- 18 riculture, and Energy and the United States Trade 19 Representative, shall review the methodology and list 20 under subsection (c) and the designations under sub- 21 section (d) at least every 3 years, or more frequently 22 as the Secretary considers to be appropriate. 23 (2) REVISIONS.—Subject to subsection (d)(1), 24 the Secretary may— 25 VerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1317.RS S1317 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1317 RS (A) revise the methodology described in 1 this section; 2 (B) determine that minerals, elements, 3 substances, and materials previously determined 4 to be critical minerals are no longer critical 5 minerals; and 6 (C) designate additional minerals, ele- 7 ments, substances, or materials as critical min- 8 erals. 9 (f) NOTICE.—On finalization of the methodology and 10 the list under subsection (c), or any revision to the meth- 11 odology or list under subsection (e), the Secretary shall 12 submit to Congress written notice of the action. 13 SEC. 5. RESOURCE ASSESSMENT. 14 (a) IN GENERAL.—Not later than 4 years after the 15 date of enactment of this Act, in consultation with applica- 16 ble State (including geological surveys), local, academic, 17 industry, and other entities, the Secretary shall complete 18 a comprehensive national assessment of each critical min- 19 eral that— 20 (1) identifies and quantifies known critical min- 21 eral resources, using all available public and private 22 information and datasets, including exploration his- 23 tories; and 24 VerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1317.RS S1317 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1317 RS (2) provides a quantitative and qualitative as- 1 sessment of undiscovered critical mineral resources 2 throughout the United States, including probability 3 estimates of tonnage and grade, using all available 4 public and private information and datasets, includ- 5 ing exploration histories. 6 (b) SUPPLEMENTARY INFORMATION.—In carrying 7 out this section, the Secretary may carry out surveys and 8 field work (including drilling, remote sensing, geophysical 9 surveys, topographical and geological mapping, and geo- 10 chemical sampling and analysis) to supplement existing in- 11 formation and datasets available for determining the exist- 12 ence of critical minerals in the United States. 13 (c) PUBLIC ACCESS.—Subject to applicable law, to 14 the maximum extent practicable, the Secretary shall make 15 all data and metadata collected from the comprehensive 16 national assessment carried out under subsection (a) pub- 17 lically and electronically accessible. 18 (d) TECHNICAL ASSISTANCE.—At the request of the 19 Governor of a State or the head of an Indian tribe, the 20 Secretary may provide technical assistance to State gov- 21 ernments and Indian tribes conducting critical mineral re- 22 source assessments on non-Federal land. 23 (e) PRIORITIZATION.— 24 VerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1317.RS S1317 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1317 RS (1) IN GENERAL.—The Secretary may sequence 1 the completion of resource assessments for each crit- 2 ical mineral such that critical minerals considered to 3 be most critical under the methodology established 4 under section 4 are completed first. 5 (2) REPORTING.—During the period beginning 6 not later than 1 year after the date of enactment of 7 this Act and ending on the date of completion of all 8 of the assessments required under this section, the 9 Secretary shall submit to Congress on an annual 10 basis an interim report that— 11 (A) identifies the sequence and schedule 12 for completion of the assessments if the Sec- 13 retary sequences the assessments; or 14 (B) describes the progress of the assess- 15 ments if the Secretary does not sequence the 16 assessments. 17 (f) UPDATES.—The Secretary may periodically up- 18 date the assessments conducted under this section based 19 on— 20 (1) the generation of new information or 21 datasets by the Federal Government; or 22 (2) the receipt of new information or datasets 23 from critical mineral producers, State geological sur- 24 VerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1317.RS S1317 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 1317 RS veys, academic institutions, trade associations, or 1 other persons. 2 (g) ADDITIONAL SURVEYS.—The Secretary shall 3 complete a resource assessment for each additional min- 4 eral or element subsequently designated as a critical min- 5 eral under section 4(e)(2) not later than 2 years after the 6 designation of the mineral or element. 7 (h) REPORT.—Not later than 2 years after the date 8 of enactment of this Act, the Secretary shall submit to 9 Congress a report describing the status of geological sur- 10 veying of Federal land for any mineral commodity— 11 (1) for which the United States was dependent 12 on a foreign country for more than 25 percent of the 13 United States supply, as depicted in the report 14 issued by the United States Geological Survey enti- 15 tled ‘‘Mineral Commodity Summaries 2019’’; but 16 (2) that is not desi [Text truncated for display. 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