87 S1463 RS: Finding Opportunities for Resource Exploration Act U.S. Senate 2025-06-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IICalendar No. 93119th CONGRESS1st SessionS. 1463IN THE SENATE OF THE UNITED STATESApril 10, 2025Mr. Coons (for himself, Mr. Young, Mr. Hickenlooper, Mr. Cornyn, and Mr. Cruz) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsJune 18, 2025Reported by Mr. Risch, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo allow the Secretary of the Interior to enter into memoranda of understanding for the purpose of scientific and technical cooperation in the mapping of critical minerals and rare earth elements, and for other purposes.
1.
Short title
This Act may be cited as the Finding Opportunities for Resource Exploration Act or the Finding ORE Act.
2.
Definitions
In this Act:(1)
Allied foreign country
The term allied foreign country means a country with which the United States has entered into a mutual defense treaty or other mutual defense agreement.(2)
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)).(3)
Institution of higher education
The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).(4)
Partner foreign country
The term partner foreign country means a country that is a source of a critical mineral or rare earth element.(5)
Rare earth element
The term rare earth element means cerium, dysprosium, erbium, europium, gadolinium, holmium, lanthanum, lutetium, neodymium, praseodymium, promethium, samarium, scandium, terbium, thulium, ytterbium, or yttrium.(6)
Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
3.
Memorandum of understanding with respect to the mapping of critical minerals and rare earth elements
(a)
Memorandum of understanding
The Secretary may enter into a memorandum of understanding with 1 or more heads of agencies of partner foreign countries with respect to scientific and technical cooperation in the mapping of critical minerals and rare earth elements.(b)
Objectives
In negotiating a memorandum of understanding under subsection (a), the Secretary shall seek to increase the security and resilience of international supply chains for critical minerals and rare earth elements by—(1)committing to assisting the partner foreign country through cooperative activities described in subsection (c) that help the partner foreign country map reserves of critical minerals and rare earth elements;(2)ensuring that private companies headquartered in the United States or an allied foreign country are offered the right of first refusal in the further development of critical minerals and rare earth elements in the partner foreign country;(3)facilitating private-sector investment in the exploration and development of critical minerals and rare earth elements, including by leveraging preferential financing from entities such as the United States International Development Finance Corporation and the Export-Import Bank of the United States that prioritizes projects committed to processing minerals in the United States or an allied foreign country; and(4)ensuring that mapping data created through the cooperative activities described in subsection (c) is protected against unauthorized access by, or disclosure to, governmental or private entities based in countries that are not—(A)a party to the memorandum of understanding; or(B)an allied foreign country.(c)
Cooperative activities
The cooperative activities referred to in subsection (b) include—(1)acquisition, compilation, analysis, and interpretation of geologic, geophysical, geochemical, and spectroscopic remote sensing data;(2)prospectivity mapping and mineral resource assessment;(3)analysis of geoscience data, including developing derivative map products that can help more effectively evaluate the mineral resources of the partner foreign country;(4)scientific collaboration to enhance the understanding and management of the natural resources of the partner foreign country to contribute to the sustainable development of the mineral resources sector of that partner foreign country;(5)training and capacity building in each area described in paragraphs (1) through (4);(6)facilitation of education and specialized training in geoscience and mineral resource management at institutions of higher education;(7)training in relevant international standards for relevant officials of the government and private companies of the partner foreign country; and(8)cooperation among entities of the partner foreign country that are a party to the memorandum of understanding and entities in the United States, including Federal departments and agencies, institutions of higher education, research centers, and private companies.(d)
Notification to Congress
The Secretary shall notify Congress not later than 30 days before the Secretary intends to enter into a memorandum of understanding under subsection (a).(e)
Collaboration with Secretary of State
The Secretary shall collaborate with the Secretary of State in—(1)prioritizing and selecting partner foreign countries with which to enter into a memorandum of understanding under subsection (a);(2)negotiating a memorandum of understanding under subsection (a); and(3)implementing a memorandum of understanding entered into under subsection (a).(f)
Consultation with private sector
The Secretary shall consult with relevant private sector actors, as the Secretary determines to be appropriate, in—(1)prioritizing and selecting partner foreign countries with which to enter into a memorandum of understanding under subsection (a); and(2)assessing how a memorandum of understanding can best facilitate private sector interest in pursuing the further development of critical minerals and rare earth elements in accordance with the objectives described in subsection (b).
1.
Short title
This Act may be cited as the Finding Opportunities for Resource Exploration Act or the Finding ORE Act.
2.
Sense of Congress
It is the sense of Congress that the United States should prioritize, to the greatest extent practicable, the onshoring of critical mineral processing.
3.
Definitions
In this Act:(1)
Allied foreign country
The term allied foreign country means a member country of the North Atlantic Treaty Organization or a country that has been designated as a major non-NATO ally under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k).(2)
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)).(3)
Institution of higher education
The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).(4)
Partner foreign country
The term partner foreign country means a country that is a source of a critical mineral or rare earth element.(5)
Rare earth element
The term rare earth element means cerium, dysprosium, erbium, europium, gadolinium, holmium, lanthanum, lutetium, neodymium, praseodymium, promethium, samarium, scandium, terbium, thulium, ytterbium, or yttrium.(6)
Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
4.
Memorandum of understanding with respect to the mapping of critical minerals and rare earth elements
(a)
Memorandum of understanding
The Secretary may enter into a memorandum of understanding with 1 or more heads of agencies of partner foreign countries with respect to scientific and technical cooperation in the mapping of critical minerals and rare earth elements.(b)
Objectives
In negotiating a memorandum of understanding under subsection (a), the Secretary shall seek to increase the security and resilience of international supply chains for critical minerals and rare earth elements by—(1)committing to assisting the partner foreign country through cooperative activities described in subsection (c) that help the partner foreign country map reserves of critical minerals and rare earth elements;(2)ensuring that private companies headquartered in the United States or an allied foreign country are offered the right of first refusal in the further development of critical minerals and rare earth elements in the partner foreign country;(3)facilitating private-sector investment in the exploration and development of critical minerals and rare earth elements; and(4)ensuring that mapping data created through the cooperative activities described in subsection (c) is protected against unauthorized access by, or disclosure to, governmental or private entities based in countries that are not—(A)a party to the memorandum of understanding; or(B)an allied foreign country.(c)
Cooperative activities
The cooperative activities referred to in subsection (b) include—(1)acquisition, compilation, analysis, and interpretation of geologic, geophysical, geochemical, and spectroscopic remote sensing data;(2)prospectivity mapping and mineral resource assessment;(3)analysis of geoscience data, including developing derivative map products that can help more effectively evaluate the mineral resources of the partner foreign country;(4)scientific collaboration to enhance the understanding and management of the natural resources of the partner foreign country to contribute to the sustainable development of the mineral resources sector of that partner foreign country;(5)training and capacity building in each area described in paragraphs (1) through (4);(6)facilitation of education and specialized training in geoscience and mineral resource management at institutions of higher education;(7)training in relevant international standards for relevant officials of the government and private companies of the partner foreign country; and(8)cooperation among entities of the partner foreign country that are a party to the memorandum of understanding and entities in the United States, including Federal departments and agencies, institutions of higher education, research centers, and private companies.(d)
Notification and report to Congress
(1)
Definition of appropriate committees of Congress
In this subsection, the term appropriate committees of Congress means—(A)the Committees on Energy and Natural Resources, Foreign Relations, and Appropriations of the Senate; and(B)the Committees on Natural Resources, Foreign Affairs, and Appropriations of the House of Representatives.(2)
Notification and report
Not later than 30 days before the Secretary intends to enter into a memorandum of understanding under subsection (a), the Secretary shall—(A)notify the appropriate committees of Congress; and(B)submit to the appropriate committees of Congress a report detailing the implementing partners, scope of the memorandum of understanding, activities to be undertaken, estimated costs, and source of funding.(e)
Concurrence of the Secretary of State
The Secretary shall obtain the concurrence of the Secretary of State in—(1)prioritizing and selecting partner foreign countries with which to enter into a memorandum of understanding under subsection (a);(2)negotiating a memorandum of understanding under subsection (a);(3)implementing a memorandum of understanding entered into under subsection (a), including through the use of funds made available to the Secretary of State; and(4)carrying out subsection (d).(f)
Consultation with private sector
The Secretary shall consult with relevant private sector actors, as the Secretary determines to be appropriate, in—(1)prioritizing and selecting partner foreign countries with which to enter into a memorandum of understanding under subsection (a); and(2)assessing how a memorandum of understanding can best facilitate private sector interest in pursuing the further development of critical minerals and rare earth elements in accordance with the objectives described in subsection (b).
5.
Savings clause
Nothing in this Act impedes or otherwise alters any authority of the Director of the United States Geological Survey provided by—(1)the matter under the heading GEOLOGICAL SURVEY of the first section of the Act of March 3, 1879 (43 U.S.C. 31(a)); or(2)the first section of Public Law 87–626 (43 U.S.C. 31(b)).
June 18, 2025Reported with an amendment