American Critical Mineral Exploration and Innovation Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7061 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 MAY 28, 2020 Mr. WALTZ (for himself, Mr. GOSAR, Mr. BISHOP of Utah, Mr. LUCAS, Mr. MCCARTHY, Mr. YOUNG, Mr. WEBER of Texas, Mr. CRAWFORD, Mr. MARSHALL, Mr. BUCK, Mr. GONZALEZ of Ohio, Mr. LAMALFA, Mr. POSEY, Mr. NEWHOUSE, Mr. BALDERSON, Mr. CURTIS, Mr. BABIN, Mr. MCCLINTOCK, Mr. OLSON, Mr. KEVIN HERN of Oklahoma, Mr. NORMAN, Mr. STAUBER, Mr. BAIRD, Mr. WESTERMAN, Mr. WITTMAN, Ms. CHE- NEY, Mrs. LESKO, Mr. STEWART, Mr. JOHNSON of South Dakota, Mr. COOK, Mr. GOHMERT, Mr. HICE of Georgia, Mr. EMMER, Mr. AMODEI, Mr. FULCHER, Mr. LAMBORN, Mr. CALVERT, and Mr. DUNCAN) intro- duced 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 com- mittee concerned A BILL To promote the domestic exploration, research, development, and processing of critical minerals to ensure the eco- nomic and national security of the United States, 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 19:59 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7061.IH H7061 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7061 IH SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘American Critical Mineral Exploration and Innovation 3 Act of 2020’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: 6 Sec. 1. Short title and table of contents. Sec. 2. Definitions. TITLE I—CRITICAL MINERAL PRODUCTION Sec. 101. Policy. Sec. 102. Critical mineral designations. Sec. 103. Resource assessment. Sec. 104. Permitting. Sec. 105. Federal Register process. Sec. 106. Department of Energy Critical Minerals Research and Development Program. Sec. 107. Critical minerals research database. Sec. 108. Analysis and forecasting. Sec. 109. Education and workforce. Sec. 110. National geological and geophysical data preservation program. Sec. 111. Administration. TITLE II—CRITICAL MINERALS TECHNOLOGY DEVELOPMENT SUPPORT Sec. 201. Technology grants. TITLE III—MANAGEMENT OF FEDERAL MINERAL RESOURCES Sec. 301. Economic and national security analysis. Sec. 302. Congressional approval. SEC. 2. DEFINITIONS. 7 In this Act: 8 (1) BYPRODUCT.—The term ‘‘byproduct’’ 9 means a critical mineral— 10 (A) the recovery of which depends on the 11 production of a host mineral that is not des- 12 ignated as a critical mineral; and 13 VerDate Sep 11 2014 19:59 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7061.IH H7061 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7061 IH (B) that exists in sufficient quantities to 1 be recovered during processing or refining. 2 (2) CRITICAL MINERAL.— 3 (A) IN GENERAL.—The term ‘‘critical min- 4 eral’’ means any mineral, element, substance, or 5 material designated as critical by the Secretary 6 under section 102. 7 (B) EXCLUSIONS.—The term ‘‘critical 8 mineral’’ does not include— 9 (i) oil, natural gas, or any other fossil 10 fuels; or 11 (ii) water, ice, or snow. 12 (3) CRITICAL MINERAL MANUFACTURING.—The 13 term ‘‘critical mineral manufacturing’’ means— 14 (A) the exploration, development, mining, 15 production, processing, refining, alloying, sepa- 16 ration, concentration, magnetic sintering, melt- 17 ing, or beneficiation of critical minerals within 18 the United States; 19 (B) the fabrication, assembly, or produc- 20 tion using a critical mineral, within the United 21 States, of equipment, components, or other 22 goods with energy technology-, defense-, agri- 23 culture-, consumer electronics-, or health care- 24 related applications; or 25 VerDate Sep 11 2014 19:59 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7061.IH H7061 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7061 IH (C) any other value-added, manufacturing- 1 related use of critical minerals undertaken with- 2 in the United States. 3 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 4 has the meaning given the term in section 4 of the 5 Indian Self-Determination and Education Assistance 6 Act (25 U.S.C. 5304). 7 (5) SECRETARY.—The term ‘‘Secretary’’ means 8 the Secretary of the Interior. 9 (6) STATE.—The term ‘‘State’’ means— 10 (A) a State; 11 (B) the District of Columbia; 12 (C) the Commonwealth of Puerto Rico; 13 (D) Guam; 14 (E) American Samoa; 15 (F) the Commonwealth of the Northern 16 Mariana Islands; and 17 (G) the United States Virgin Islands. 18 (7) LEAD AGENCY.—The term ‘‘lead agency’’ 19 means the agency with primary responsibility for 20 issuing a mineral exploration or mine permit for a 21 project. 22 (8) MINERAL EXPLORATION OR MINE PER- 23 MIT.—The term ‘‘mineral exploration or mine per- 24 mit’’ means— 25 VerDate Sep 11 2014 19:59 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7061.IH H7061 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7061 IH (A) an authorization of the Bureau of 1 Land Management or the Forest Service, as ap- 2 plicable, for a premining activity that requires 3 analysis under the National Environmental Pol- 4 icy Act of 1969 (42 U.S.C. 4321 et seq.); 5 (B) a plan of operations issued by— 6 (i) the Bureau of Land Management 7 under subpart 3809 of part 3800 of title 8 43, Code of Federal Regulations (or suc- 9 cessor regulations); or 10 (ii) the Forest Service under subpart 11 A of part 228 of title 36, Code of Federal 12 Regulations (or successor regulations); or 13 (C) a permit for a project located in an 14 area described in section 3503.13 of title 43, 15 Code of Federal Regulations (or successor regu- 16 lations). 17 (9) PROJECT.—The term ‘‘project’’ means a 18 project relating to, or incidental to mineral explo- 19 ration, mining, beneficiation, processing, or reclama- 20 tion activities— 21 (A) on a mining claim, millsite claim, or 22 tunnel site claim for any locatable mineral; or 23 VerDate Sep 11 2014 19:59 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7061.IH H7061 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7061 IH (B) in conjunction with any Federal min- 1 eral (other than coal and oil shale) that is 2 leased under— 3 (i) the Mineral Leasing Act for Ac- 4 quired Lands (30 U.S.C. 351 et seq.); or 5 (ii) section 402 of Reorganization 6 Plan Numbered 3 of 1946 (5 U.S.C. 7 App.). 8 TITLE I—CRITICAL MINERAL 9 PRODUCTION 10 SEC. 101. POLICY. 11 (a) SENSE OF CONGRESS.—Congress finds the fol- 12 lowing: 13 (1) The assured supply of critical minerals and 14 the resiliency of their supply chains are essential to 15 the economic prosperity and national defense of the 16 United States. 17 (2) The United States is heavily dependent on 18 foreign sources of critical minerals and on foreign 19 supply chains resulting in the potential for strategic 20 vulnerabilities to both the economy and the military. 21 (3) As deployment of clean energy technologies 22 and emissions control devices increase, the demand 23 for critical minerals will grow significantly. 24 VerDate Sep 11 2014 19:59 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7061.IH H7061 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7061 IH (4) The United States is import-reliant for 31 1 of the 35 minerals designated as critical by the De- 2 partment of the Interior and relies completely on im- 3 ports to supply its demand for 14 of these minerals. 4 (5) Over the past two decades China has pro- 5 duced more than 80 percent of the world’s produc- 6 tion of rare-earth elements and processed chemicals. 7 (b) SENSE OF CONGRESS.—It is the sense of Con- 8 gress that to break from China’s control on the mineral 9 supply chain, the United States should support significant 10 research and development activities to drive innovation in 11 domestic critical minerals production, promote responsible 12 development of critical minerals, and encourage inter- 13 national collaboration to limit the impact of mineral sup- 14 ply disruptions. 15 (c) IN GENERAL.—Section 3 of the National Mate- 16 rials and Minerals Policy, Research and Development Act 17 of 1980 (30 U.S.C. 1602) is amended— 18 (1) by amending paragraph (3) to read as fol- 19 lows: 20 ‘‘(3) establish an analytical and forecasting ca- 21 pability for identifying critical mineral demand, sup- 22 ply, and other factors to allow informed actions to 23 be taken to avoid supply shortages, mitigate price 24 VerDate Sep 11 2014 19:59 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7061.IH H7061 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7061 IH volatility, and prepare for demand growth and other 1 market shifts;’’; 2 (2) in paragraph (6), by striking ‘‘and’’ at the 3 end; and 4 (3) by striking paragraph (7) and inserting the 5 following: 6 ‘‘(7) facilitate the availability, development, and 7 environmentally responsible production of domestic 8 resources to meet national material or critical min- 9 eral needs; 10 ‘‘(8) avoid duplication of effort, prevent unnec- 11 essary paperwork, and minimize delays in the ad- 12 ministration of applicable laws (including regula- 13 tions) and the issuance of permits and authoriza- 14 tions necessary to explore for, develop, and produce 15 critical minerals and to construct critical mineral 16 manufacturing facilities in accordance with applica- 17 ble environmental and land management laws; 18 ‘‘(9) strengthen— 19 ‘‘(A) educational and research capabilities 20 at not lower than the secondary school level; 21 and 22 ‘‘(B) workforce training for exploration 23 and development of critical minerals and critical 24 mineral manufacturing; 25 VerDate Sep 11 2014 19:59 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7061.IH H7061 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7061 IH ‘‘(10) bolster international cooperation through 1 technology transfer, information sharing, and other 2 means; 3 ‘‘(11) promote the efficient production, use, and 4 recycling of critical minerals; 5 ‘‘(12) develop alternatives to critical minerals; 6 and 7 ‘‘(13) establish contingencies for the production 8 of, or access to, critical minerals for which viable 9 sources do not exist within the United States.’’. 10 (d) CONFORMING AMENDMENT.—Section 2(b) of the 11 National Materials and Minerals Policy, Research and De- 12 velopment Act of 1980 (30 U.S.C. 1601(b)) is amended 13 to read as follows: 14 ‘‘(b) DEFINITIONS.—In this Act: 15 ‘‘(1) CRITICAL MINERAL.—The term ‘critical 16 mineral’ has the meaning given such term in section 17 2 of the American Critical Mineral Exploration and 18 Innovation Act of 2020. 19 ‘‘(2) MATERIALS.—The term ‘materials’ means 20 substances, including minerals, of current or poten- 21 tial use that will be needed to supply the industrial, 22 military, and essential civilian needs of the United 23 States in the production of goods or services, includ- 24 ing those which are primarily imported or for which 25 VerDate Sep 11 2014 19:59 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7061.IH H7061 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7061 IH there is a prospect of shortages or uncertain supply, 1 or which present opportunities in terms of new phys- 2 ical properties, use, recycling, disposal or substi- 3 tution, with the exclusion of food and of energy fuels 4 used as such.’’. 5 (e) CRITICAL MINERALS INTERAGENCY SUB- 6 COMMITTEE.— 7 (1) IN GENERAL.—The Critical Minerals Sub- 8 committee of the National Science and Technology 9 Council (referred to in this section as ‘‘Sub- 10 committee’’) shall coordinate Federal science and 11 technology efforts to ensure secure and reliable sup- 12 plies of critical minerals to the United States. 13 (2) PURPOSES.—The purposes of the Sub- 14 committee shall be— 15 (A) to advise and assist the Committee on 16 Homeland and National Security and the Na- 17 tional Science and Technology Council on 18 United States policies, procedures, and plans as 19 it relates to critical minerals, including— 20 (i) Federal research, development, and 21 deployment efforts to optimize methods for 22 extractions, concentration, separation and 23 purification of conventional, secondary, 24 VerDate Sep 11 2014 19:59 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7061.IH H7061 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7061 IH and unconventional sources of critical min- 1 erals; 2 (ii) efficient use and reuse of critical 3 minerals; 4 (iii) the critical minerals workforce of 5 the United States; and 6 (iv) United States private industry in- 7 vestments in innovation and technology 8 transfer from federally funded science and 9 technology; 10 (B) to identify emerging opportunities, 11 stimulate international cooperation, and foster 12 the development of secure and reliable supply 13 chains of critical minerals; 14 (C) to ensure the transparency of informa- 15 tion and data related to critical minerals; and 16 (D) to provide recommendations on coordi- 17 nation and collaboration among the research, 18 development, and deployment programs and ac- 19 tivities of Federal agencies to promote a secure 20 and reliable supply of critical minerals nec- 21 essary to maintain national security, economic 22 well-being, and industrial production. 23 (3) RESPONSIBILITIES.—In carrying out para- 24 graphs (1) and (2), the Subcommittee may, taking 25 VerDate Sep 11 2014 19:59 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7061.IH H7061 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 7061 IH into account the findings and recommendations of 1 relevant advisory committees— 2 (A) provide recommendations on how Fed- 3 eral agencies may improve the topographic, geo- 4 logic, and geophysical mapping of the United 5 States and improve the discoverability, accessi- 6 bility, and usability of the resulting and existing 7 data, to the extent permitted by law and subject 8 to appropriate limitation for purposes of privacy 9 and security; assess the progress towards devel- 10 oping critical minerals recycling and reprocess- 11 ing technologies, and technological alternatives 12 to critical minerals; 13 (B) examine options for accessing and de- 14 veloping critical minerals through investment 15 and trade with our allie [Text truncated for display. 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