I 112th CONGRESS 1st Session H. R. 2184 IN THE HOUSE OF REPRESENTATIVES June 15, 2011 Mr. Coffman of Colorado introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on 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 establish the Rare Earth Policy Task Force, to direct the Secretary of the Interior to develop a plan to ensure the long-term supply of rare earth materials, and for other purposes.

1.

Short title

This Act may be cited as the Rare Earth Policy Task Force and Materials Act.

2.

Findings

Congress makes the following findings: (1)Significant quantities of rare earths are used in the production of clean energy technologies, including advanced automotive propulsion batteries, electric motors, high-efficiency light bulbs, solar panels, and wind turbines. These technologies are used to advance the United States energy policy of reducing dependence on foreign oil and decreasing greenhouse gas emissions through expansion of cleaner sources of energy. (2)Many modern defense technologies such as radar and sonar systems, precision-guided weapons, cruise missiles, and lasers cannot be built, as designed and specified, without the use of rare earths and materials produced from them. (3)Rare earths also provide core functionality to a variety of high technology applications in computing, pollution abatement, power generation, water treatment, oil refining, metal alloying, communications, health care, agriculture, and other sectors. (4)Though at least 40 percent of the world’s rare earth reserves are located within the United States and its ally nations, our country now depends upon imports for nearly 100 percent of its rare earth needs.

3.

Actions to promote rare earth development

(a)

In general

(1)

Establishment

There is established within the Department of the Interior a task force to be known as the Rare Earth Policy Task Force (referred to in this section as the Task Force), which shall report to the President through the Secretary of the Interior. (2)

Composition

The Task Force shall be composed of the following: (A)The Secretary of the Interior (or a designee of such Secretary), who shall serve as chair of the Task Force. (B)The Secretary of Energy (or a designee of such Secretary). (C)The Secretary of Agriculture (or a designee of such Secretary). (D)The Secretary of Defense (or a designee of such Secretary). (E)The Secretary of Commerce (or a designee of such Secretary). (F)The Secretary of State (or a designee of such Secretary). (G)The Director of the Office of Management and Budget (or a designee of the Director). (H)The Chairman of the Council on Environmental Quality (or a designee of the Chairman). (I)Such other members as the Secretary of the Interior considers appropriate. (b)

Duties

The Task Force shall assist Federal agencies in reviewing laws (including regulations) and policies that discourage investment in, exploration for, and development of domestic rare earths pursuant to Federal Land Policy and Management Act of 1976, the Act of June 4, 1897, the National Forest Management Act of 1976, and any other applicable statutory authorities related to domestic mining operations. (c)

Annual reports

At least once each year, the Task Force shall submit to the President, the Committee on Energy and Natural Resources of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Natural Resources of the House of Representatives a report that identifies the substantive and procedural requirements of Federal, State, tribal, and local laws (including regulations) and Executive orders that are inconsistent with, duplicative of, or structured so as to restrict effective implementation of projects that will increase investment in, exploration for, and development of domestic rare earths. (d)

Termination

The Task Force shall terminate 10 years after the date of the enactment of this Act.

4.

Rare earth materials program plan

(a)

Plan

(1)

In general

Within 180 days after the date of enactment of this Act and biennially thereafter, the Secretary of the Interior shall prepare and submit to the appropriate congressional committees a plan for research, development, demonstration, and commercial application to ensure the long-term, secure, and sustainable supply of rare earth materials sufficient to satisfy the national security, economic well-being, and industrial production needs of the United States. (2)

Specific requirements

The plan shall include a description of— (A)the research and development activities to be carried out under the plan during the subsequent 2 years; (B)the expected contributions of those activities to the creation of innovative methods and technologies for the efficient and sustainable provision of rare earth materials to the domestic economy; and (C)how the plan will promote the broadest possible participation in those activities by academic, industrial, and other contributors. (3)

Consultation

In preparing each plan under paragraph (1), the Secretary of the Interior shall consult with appropriate representatives of industry, institutions of higher education, Department of Energy national laboratories, professional and technical societies, and other entities, as determined by the Secretary. (b)

Activities

The plan shall support activities to— (1)better characterize and quantify virgin stocks of rare earth materials using theoretical geochemical research; (2)explore, discover, and recover rare earth materials using advanced science and technology; (3)improve methods for the extraction, processing, use, recovery, and recycling of rare earth materials; (4)improve the understanding of the performance, processing, and adaptability in engineering designs of rare earth materials; (5)identify and test alternative materials that can be substituted for rare earth materials in particular applications; (6)engineer and test applications that— (A)use recycled rare earth materials; (B)use alternative materials; or (C)seek to minimize rare earth materials content; (7)collect, catalogue, archive, and disseminate information on rare earth materials, including scientific and technical data generated by the research and development activities supported under the plan, and assist scientists and engineers in making the fullest possible use of the data holdings; and (8)facilitate information sharing and collaboration among program participants and stakeholders. (c)

Improved processes and technologies

To the maximum extent practicable, the Secretary of the Interior shall support new or significantly improved processes and technologies as compared to those currently in use in the rare earth materials industry. (d)

Expanding participation

The Secretary of the Interior shall encourage— (1)multidisciplinary collaborations among participants in activities under the plan; and (2)extensive opportunities for students at institutions of higher education, including institutions listed under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). (e)

Consistency

The plan shall be consistent with the policies and programs in the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et seq.). (f)

International collaboration

In carrying out activities under the plan, the Secretary of the Interior may collaborate, to the extent practicable, on activities of mutual interest with the relevant agencies of foreign countries with interests relating to rare earth materials.