[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1113 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1113

    To facilitate the reestablishment of domestic, critical mineral 
    designation, assessment, production, manufacturing, recycling, 
      analysis, forecasting, workforce, education, research, and 
    international capabilities in the United States, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2011

   Ms. Murkowski (for herself, Mr. Nelson of Nebraska, Mr. Webb, Mr. 
 Risch, Mrs. Hagan, Mr. Blunt, Mr. Barrasso, Mr. Enzi, Mr. Conrad, Mr. 
 Cochran, Mr. Begich, Mr. Heller, Mr. Crapo, Ms. Stabenow, Mr. Hoeven, 
 Mrs. McCaskill, and Mr. Manchin) introduced the following bill; which 
  was read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
    To facilitate the reestablishment of domestic, critical mineral 
    designation, assessment, production, manufacturing, recycling, 
      analysis, forecasting, workforce, education, research, and 
    international capabilities in the United States, 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Critical Minerals 
Policy Act of 2011''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                   TITLE I--DESIGNATIONS AND POLICIES

Sec. 101. Designations.
Sec. 102. Policy.
Sec. 103. Resource assessment.
Sec. 104. Permitting.
Sec. 105. Manufacturing.
Sec. 106. Recycling and alternatives.
Sec. 107. Analysis and forecasting.
Sec. 108. Education and workforce.
Sec. 109. International cooperation.
                   TITLE II--MINERAL-SPECIFIC ACTIONS

Sec. 201. Administration.
Sec. 202. Cobalt.
Sec. 203. Helium.
Sec. 204. Lead.
Sec. 205. Lithium.
Sec. 206. Low-Btu gas.
Sec. 207. Phosphate.
Sec. 208. Potash.
Sec. 209. Rare earth elements.
Sec. 210. Thorium.
Sec. 211. Updated resource information.
                        TITLE III--MISCELLANEOUS

Sec. 301. Offsets.
Sec. 302. Administration.
Sec. 303. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Applicable committees.--The term ``applicable 
        committees'' means--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate;
                    (B) the Committee on Natural Resources of the House 
                of Representatives;
                    (C) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (D) the Committee on Science, Space, and Technology 
                of the House of Representatives.
            (2) Clean energy technology.--The term ``clean energy 
        technology'' means a technology related to the production, use, 
        transmission, storage, control, or conservation of energy 
        that--
                    (A) reduces the need for additional energy supplies 
                by using existing energy supplies with greater 
                efficiency or by transmitting, distributing, storing, 
                or transporting energy with greater effectiveness in or 
                through the infrastructure of the United States;
                    (B) diversifies the sources of energy supply of the 
                United States to strengthen energy security and to 
                increase supplies with a favorable balance of 
                environmental effects if the entire technology system 
                is considered; or
                    (C) contributes to a stabilization of atmospheric 
                greenhouse gas concentrations through reduction, 
                avoidance, or sequestration of energy-related 
                greenhouse gas emissions.
            (3) Critical mineral.--
                    (A) In general.--The term ``critical mineral'' 
                means any mineral designated as a critical mineral 
                pursuant to section 101.
                    (B) Exclusions.--The term ``critical mineral'' does 
                not include coal, oil, natural gas, or any other fossil 
                fuels.
            (4) Critical mineral manufacturing.--The term ``critical 
        mineral manufacturing'' means--
                    (A) the production, processing, refining, alloying, 
                separation, concentration, magnetic sintering, melting, 
                or beneficiation of critical minerals within the United 
                States;
                    (B) the fabrication, assembly, or production, 
                within the United States, of clean energy technologies 
                (including technologies related to wind, solar, and 
                geothermal energy, efficient lighting, electrical 
                superconducting materials, permanent magnet motors, 
                batteries, and other energy storage devices), military 
                equipment, and consumer electronics, or components 
                necessary for applications; or
                    (C) any other value-added, manufacturing-related 
                use of critical minerals undertaken within the United 
                States.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (6) Military equipment.--The term ``military equipment'' 
        means equipment used directly by the armed forces to carry out 
        military operations.
            (7) Rare earth element.--
                    (A) In general.--The term ``rare earth element'' 
                means the chemical elements in the periodic table from 
                lanthanum (atomic number 57) up to and including 
                lutetium (atomic number 71).
                    (B) Inclusions.--The term ``rare earth element'' 
                includes the similar chemical elements yttrium (atomic 
                number 39) and scandium (atomic number 21).
            (8) Secretary.--
                    (A) Title i.--In title I, the term ``Secretary'' 
                means the Secretary of the Interior--
                            (i) acting through the Director of the 
                        United States Geological Survey; and
                            (ii) in consultation with (as 
                        appropriate)--
                                    (I) the Secretary of Energy;
                                    (II) the Secretary of Defense;
                                    (III) the Secretary of Commerce;
                                    (IV) the Secretary of State;
                                    (V) the Secretary of Agriculture;
                                    (VI) the United States Trade 
                                Representative; and
                                    (VII) the heads of other applicable 
                                Federal agencies.
                    (B) Title ii.--In title II, the term ``Secretary'' 
                means the Secretary of Energy.
            (9) State.--The term ``State'' means--
                    (A) a State;
                    (B) the Commonwealth of Puerto Rico; and
                    (C) any other territory or possession of the United 
                States.
            (10) Value-added.--The term ``value-added'' means, with 
        respect to an activity, an activity that changes the form, fit, 
        or function of a product, service, raw material, or physical 
        good such that the resultant market price is greater than the 
        cost of making the changes.
            (11) Working group.--The term ``Working Group'' means the 
        Critical Minerals Working Group established under section 
        104(a).

                   TITLE I--DESIGNATIONS AND POLICIES

SEC. 101. DESIGNATIONS.

    (a) Draft Methodology.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall publish in the Federal 
Register for public comment a draft methodology for determining which 
minerals qualify as critical minerals based on an assessment of whether 
the minerals are--
            (1) subject to potential supply restrictions (including 
        restrictions associated with foreign political risk, abrupt 
        demand growth, military conflict, and anti-competitive or 
        protectionist behaviors); and
            (2) important in use (including clean energy technology-, 
        defense-, and health care-related applications).
    (b) Availability of Data.--If available data is insufficient to 
provide a quantitative basis for the methodology developed under this 
section, qualitative evidence may be used.
    (c) Review of Methodology.--After reviewing public comments on the 
draft methodology under subsection (a) and updating that draft 
methodology as appropriate, the Secretary shall enter into an 
arrangement with the National Academy of Sciences and the National 
Academy of Engineering to obtain, not later than 120 days after the 
date of enactment of this Act--
            (1) a review of the methodology; and
            (2) recommendations for improving the methodology.
    (d) Final Methodology.--After reviewing the recommendations under 
subsection (c), not later than 150 days after the date of enactment of 
this Act, the Secretary shall publish in the Federal Register a 
description of the final methodology for determining which minerals 
qualify as critical minerals.
    (e) Designations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall publish in the Federal 
Register a list of minerals designated as critical, pursuant to the 
final methodology under subsection (d), for purposes of carrying out 
this Act.
    (f) Subsequent Review.--The methodology and designations developed 
under subsections (d) and (e) shall be updated at least every 5 years, 
or in more regular intervals if considered appropriate by the 
Secretary.
    (g) Notice.--On finalization of the methodology under subsection 
(d), the list under subsection (e), or any update to the list under 
subsection (f), the Secretary shall submit to the applicable committees 
written notice of the action.

SEC. 102. POLICY.

    (a) Policy.--It is the policy of the United States to promote an 
adequate, reliable, domestic, and stable supply of critical minerals, 
produced in an environmentally responsible manner, in order to 
strengthen and sustain the economic security, and the manufacturing, 
industrial, energy, technological, and competitive stature, of the 
United States.
    (b) Coordination.--The President, acting through the Executive 
Office of the President, shall coordinate the actions of Federal 
agencies under this and other Acts--
            (1) to encourage Federal agencies to facilitate the 
        availability, development, and environmentally responsible 
        production of domestic resources to meet national critical 
        minerals needs;
            (2) to minimize duplication, needless paperwork, and delays 
        in the administration of applicable laws (including 
        regulations) and the issuance of permits and authorizations 
        necessary to explore for, develop, and produce critical 
        minerals and construct and operate critical mineral 
        manufacturing facilities in an environmentally responsible 
        manner;
            (3) to promote the development of economically stable and 
        environmentally responsible domestic critical mineral 
        production and manufacturing;
            (4) to establish an analytical and forecasting capability 
        for identifying critical mineral demand, supply, and other 
        market dynamics relevant to policy formulation such that 
        informed actions can be taken to avoid supply shortages, 
        mitigate price volatility, and prepare for demand growth and 
        other market shifts;
            (5) to strengthen educational and research capabilities and 
        workforce training;
            (6) to bolster international cooperation through technology 
        transfer, information sharing, and other means;
            (7) to promote the efficient production, use, and recycling 
        of critical minerals;
            (8) to develop alternatives to critical minerals; and
            (9) to establish contingencies for the production of, or 
        access to, critical minerals for which viable sources do not 
        exist within the United States.

SEC. 103. RESOURCE ASSESSMENT.

    (a) In General.--Not later than 4 years after the date of enactment 
of this Act, in consultation with applicable State (including 
geological surveys), local, academic, industry, and other entities, the 
Secretary shall complete a comprehensive national assessment of each 
critical mineral that--
            (1) identifies and quantifies known critical mineral 
        resources, using all available public and private information 
        and datasets, including exploration histories;
            (2) estimates the cost of production of the critical 
        mineral resources identified and quantified under this section, 
        using all available public and private information and 
        datasets, including exploration histories;
            (3) provides a quantitative and qualitative assessment of 
        undiscovered critical mineral resources throughout the United 
        States, including probability estimates of tonnage and grade, 
        using all available public and private information and 
        datasets, including exploration histories;
            (4) provides qualitative information on the environmental 
        attributes of the critical mineral resources identified under 
        this section; and
            (5) pays particular attention to the identification and 
        quantification of critical mineral resources on Federal land 
        that is open to location and entry for exploration, 
        development, and other uses.
    (b) Field Work.--If existing information and datasets prove 
insufficient to complete the assessment under this section and there is 
no reasonable opportunity to obtain the information and datasets from 
nongovernmental entities, the Secretary may carry out field work 
(including drilling, remote sensing, geophysical surveys, geological 
mapping, and geochemical sampling and analysis) to supplement existing 
information and datasets available for determining the existence of 
critical minerals on--
            (1) Federal land that is open to location and entry for 
        exploration, development, and other uses;
            (2) Indian tribe land, at the request and with the written 
        permission of the Indian tribe; and
            (3) State land, at the request and with the written 
        permission of the Governor of a State.
    (c) Technical Assistance.--At the request of the Governor of a 
State or an Indian tribe, the Secretary may provide technical 
assistance to State governments and Indian tribes conducting critical 
mineral resource assessments on non-Federal land.
    (d) Financial Assistance.--The Secretary may make grants to State 
governments, or Indian tribes and economic development entities of 
Indian tribes, to cover the costs associated with assessments of 
critical mineral resources on State or Indian tribe land.
    (e) Report.--Not later than 4 years after the date of enactment of 
this Act, the Secretary shall submit to the applicable committees a 
report describing the results of the assessment conducted under this 
section.
    (f) Prioritization.--
            (1) In general.--The Secretary may sequence the completion 
        of resource assessments for each critical mineral such that 
        critical materials considered to be most critical under the 
        methodology established pursuant to section 101 are completed 
        first.
            (2) Reporting.--If the Secretary sequences the completion 
        of resource assessments for each critical material, the 
        Secretary shall submit a report under subsection (e) on an 
        iterative basis over the 4-year period beginning on the date of 
        enactment of this Act.
    (g) Updates.--The Secretary shall periodically update the 
assessment conducted under this section based on--
            (1) the generation of new information or datasets by the 
        Federal government; or
            (2) the receipt of new information or datasets from 
        critical mineral producers, State geological surveys, academic 
        institutions, trade associations, or other entities or 
        individuals.

SEC. 104. PERMITTING.

    (a) Critical Minerals Working Group.--
            (1) In general.--There is established within the Department 
        of the Interior a working group to be known as the ``Critical 
        Minerals Working Group'', which shall report to the President 
        and Congress through the Secretary.
            (2) Composition.--The Working Group shall be composed of 
        the following:
                    (A) The Secretary of the Interior (or a designee), 
                who shall serve as chair of the Working Group.
                    (B) A Presidential designee from the Executive 
                Office of the President, who shall serve as vice-chair 
                of the Working Group.
                    (C) The Secretary of Energy (or a designee).
                    (D) The Secretary of Agriculture (or a designee).
                    (E) The Secretary of Defense (or a designee).
                    (F) The Secretary of Commerce (or a designee).
                    (G) The Secretary of State (or a designee).
                    (H) The United States Trade Representative (or a 
                designee).
                    (I) The Administrator of the Environmental 
                Protection Agency (or a designee).
                    (J) The Chief of Engineers of the Corps of 
                Engineers (or a designee).
    (b) Consultation.--The Working Group shall operate in consultation 
with private sector, academic, and other applicable stakeholders with 
experience related to--
            (1) critical minerals exploration;
            (2) critical minerals permitting;
            (3) critical minerals production; and
            (4) critical minerals manufacturing.
    (c) Duties.--The Working Group shall--
            (1) facilitate Federal agency efforts to optimize 
        efficiencies associated with the permitting of activities that 
        will increase exploration and development of domestic, critical 
        minerals, while maintaining environmental standards;
            (2) facilitate Federal agency review of laws (including 
        regulations) and policies that discourage investment in 
        exploration and development of domestic, critical minerals;
            (3) assess whether Federal policies adversely impact the 
        global competitiveness of the domestic, critical minerals 
        exploration and development sector (including taxes, fees, 
        regulatory burdens, and access restrictions);
            (4) evaluate the sufficiency of existing mechanisms for the 
        provision of tenure on Federal land and the role of the 
        mechanisms in attracting capital investment for the exploration 
        and development of domestic, critical minerals; and
            (5) generate such other information and take such other 
        actions as the Working Group considers appropriate to achieve 
        the policy described in section 102(a).
    (d) Report.--Not later than 300 days after the date of enactment of 
this Act, the Working Group shall submit to the applicable committees a 
report that--
            (1) describes the results of actions taken under subsection 
        (c);
            (2) evaluates the amount of time typically required 
        (including range derived from minimum and maximum durations, 
        mean, median, variance, and other statistical measures or 
        representations) to complete each step (including those aspects 
        outside the control of the executive branch of the Federal 
        Government, such as judicial review, applicant decisions, or 
        State and local government involvement) associated with the 
        processing of applications, operating plans, leases, licenses, 
        permits, and other use authorizations for critical mineral-
        related activities on Federal land, which shall serve as a 
        baseline for the performance metric developed and finalized 
        under subsections (e) and (f), respectively;
            (3) identifies measures (including regulatory changes and 
        legislative proposals) that would optimize efficiencies, while 
        maintaining environmental standards, associated with the 
        permitting of activities that will increase exploration and 
        development of domestic, critical minerals; and
            (4) identifies options (including cost recovery paid by 
        applicants) for ensuring adequate staffing of divisions, field 
        offices, or other entities responsible for the consideration of 
        applications, operating plans, leases, licenses, permits, and 
        other use authorizations for critical mineral-related 
        activities on Federal land.
    (e) Draft Performance Metric.--Not later than 330 days after the 
date of enactment of this Act, and upon completion of the report 
required under subsection (d), the Working Group shall publish in the 
Federal Register for public comment a draft description of a 
performance metric for evaluating the progress made by the executive 
branch of the Federal Government on matters within the control of that 
branch towards optimizing efficiencies, while maintaining environmental 
standards, associated with the permitting of activities that will 
increase exploration and development of domestic, critical minerals 
(referred to in this section as the ``performance metric'').
    (f) Final Performance Metric.--Not later than 1 year after the date 
of enactment of this Act, and after consideration of public comments 
received pursuant to subsection (e), the Working Group shall publish in 
the Federal Register a description of the final performance metric.
    (g) Annual Report.--Not later than 2 years after the date of 
enactment of this Act, using the performance metric under subsection 
(f), and annually thereafter, the Working Group shall submit to the 
applicable committees, as part of the budget request of the Department 
of the Interior for each fiscal year, each report that--
            (1) describes the progress made by the executive branch of 
        the Federal Government on matters within the control of that 
        branch towards optimizing efficiencies, while maintaining 
        environmental standards, associated with the permitting of 
        activities that will increase exploration and development of 
        domestic, critical minerals; and
            (2) compares the United States to other countries in terms 
        of permitting efficiency, environmental standards, and other 
        criteria relevant to a globally competitive economic sector.
    (h) Report of Small Business Administration.--Not later than 300 
days after the date of enactment of this Act, the Administrator of the 
Small Business Administration shall submit to the applicable committees 
a report that assesses the performance of Federal agencies in--
            (1) complying with chapter 6 of title 5, United States Code 
        (commonly known as the ``Regulatory Flexibility Act''), in 
        promulgating regulations applicable to the critical minerals 
        industry; and
            (2) performing an analysis of regulations applicable to the 
        critical minerals industry that may be outmoded, inefficient, 
        duplicative, or excessively burdensome.
    (i) Judicial Review.--
            (1) In general.--Nothing in this section affects any 
        judicial review of an agency action under any other provision 
        of law.
            (2) Construction.--This section--
                    (A) is intended to improve the internal management 
                of the Federal Government; and
                    (B) does not create any right or benefit, 
                substantive or procedural, enforceable at law or equity 
                by a party against the United States (including an 
                agency, instrumentality, officer, or employee thereof) 
                or any other person.

SEC. 105. MANUFACTURING.

    (a) Agreement.--At the request of the Governor of a State, the 
President (or a designee) may enter into a cooperative agreement with 
the State for the processing of permits for critical mineral 
manufacturing facilities (including those related to wind, solar, and 
geothermal energy, efficient lighting, electrical superconducting 
materials, permanent magnet motors, and batteries and other energy 
storage devices) under which each party to the agreement identifies 
steps, including timelines, that the party will take to optimize 
efficiencies, while maintaining environmental standards, associated 
with the environmental review and consideration of Federal and State 
permits for a new critical mineral manufacturing facility.
    (b) Authority Under Agreement.--In carrying out this section, the 
President may--
            (1) accept from an applicant a consolidated application for 
        all permits required by the Federal Government, to the extent 
        consistent with other applicable law;
            (2) facilitate memoranda of agreement between Federal 
        agencies to coordinate consideration of applications and 
        permits among Federal agencies; and
            (3) enter into memoranda of agreement with a State, under 
        which Federal and State review of permit applications will be 
        coordinated and concurrently considered, to the maximum extent 
        practicable.
    (c) State Assistance.--The President may provide technical, legal, 
or other assistance to State governments to facilitate State review of 
applications to build new critical mineral manufacturing facilities
    (d) Incentives for Innovative Technologies.--Section 1703(b) of the 
Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at 
the end the following:
            ``(11) Critical mineral manufacturing related to the 
        deployment of clean energy technologies (as defined in section 
        2 of the Critical Minerals Policy Act of 2011).''.

SEC. 106. RECYCLING AND ALTERNATIVES.

    (a) Establishment.--The Secretary of Energy shall conduct a program 
of research and development to promote the efficient production, use, 
and recycling of, and alternatives to, critical minerals.
    (b) Cooperation.--In carrying out the program, the Secretary of 
Energy shall cooperate with appropriate--
            (1) Federal agencies and National Laboratories;
            (2) critical mineral producers;
            (3) critical mineral manufacturers;
            (4) trade associations;
            (5) academic institutions;
            (6) small businesses; and
            (7) other relevant entities or individuals.
    (c) Activities.--Under the program, the Secretary shall carry out 
activities that include the identification and development of--
            (1) advanced critical mineral production or processing 
        technologies that decrease the environmental impact, and costs 
        of production, of such activities;
            (2) techniques and practices that minimize or lead to more 
        efficient use of critical minerals;
            (3) techniques and practices that facilitate the recycling 
        of critical minerals, including options for improving the rates 
        of collection of post-consumer products containing critical 
        minerals;
            (4) commercial markets, advanced storage methods, energy 
        applications, and other beneficial uses of critical minerals 
        processing byproducts; and
            (5) alternative minerals, metals, and materials, 
        particularly those available in abundance within the United 
        States and not subject to potential supply restrictions, that 
        lessen the need for critical minerals.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act and every 5 years thereafter, the Secretaries shall submit to 
the applicable committees a report summarizing the activities, 
findings, and progress of the program.
    (e) Incentives for Innovative Technologies.--Section 1703(b) of the 
Energy Policy Act of 2005 (42 U.S.C. 16513(b)) (as amended by section 
106(d)) is amended by adding at the end the following:
            ``(12) Critical mineral recycling and alternatives related 
        to clean energy technologies (as defined in section 2 of the 
        Critical Minerals Policy Act of 2011).''.

SEC. 107. ANALYSIS AND FORECASTING.

    (a) Capabilities.--In order to evaluate existing critical mineral 
policies and inform future actions that may be taken to avoid supply 
shortages, mitigate price volatility, and prepare for demand growth and 
other market shifts, the Secretary, in consultation with academic 
institutions, the Energy Information Administration, and others in 
order to maximize the application of existing competencies related to 
developing and maintaining computer-models and similar analytical 
tools, shall conduct and publish the results of an annual report that 
includes--
            (1) as part of the annually published Mineral Commodity 
        Summaries from the United States Geological Survey, a 
        comprehensive review of critical mineral production, 
        consumption, and recycling patterns, including--
                    (A) the quantity of each critical mineral 
                domestically produced during the preceding year;
                    (B) the quantity of each critical mineral 
                domestically consumed during the preceding year;
                    (C) market price data for each critical mineral;
                    (D) an assessment of--
                            (i) critical mineral requirements to meet 
                        the national security, energy, economic, 
                        industrial, technological, and other needs of 
                        the United States during the preceding year;
                            (ii) the reliance of the United States on 
                        foreign sources to meet those needs during the 
                        preceding year; and
                            (iii) the implications of any supply 
                        shortages, restrictions, or disruptions during 
                        the preceding year;
                    (E) the quantity of each critical mineral 
                domestically recycled during the preceding year;
                    (F) the market penetration during the preceding 
                year of alternatives to each critical mineral;
                    (G) a discussion of applicable international trends 
                associated with the discovery, production, consumption, 
                use, costs of production, prices, and recycling of each 
                critical mineral as well as the development of 
                alternatives to critical minerals; and
                    (H) such other data, analyses, and evaluations as 
                the Secretary finds are necessary to achieve the 
                purposes of this section; and
            (2) a comprehensive forecast, entitled the ``Annual 
        Critical Minerals Outlook'', of projected critical mineral 
        production, consumption, and recycling patterns, including--
                    (A) the quantity of each critical mineral projected 
                to be domestically produced over the subsequent 1-year, 
                5-year, and 10-year periods;
                    (B) the quantity of each critical mineral projected 
                to be domestically consumed over the subsequent 1-year, 
                5-year, and 10-year periods;
                    (C) market price projections for each critical 
                mineral, to the maximum extent practicable and based on 
                the best available information;
                    (D) an assessment of--
                            (i) critical mineral requirements to meet 
                        projected national security, energy, economic, 
                        industrial, technological, and other needs of 
                        the United States;
                            (ii) the projected reliance of the United 
                        States on foreign sources to meet those needs; 
                        and
                            (iii) the projected implications of 
                        potential supply shortages, restrictions, or 
                        disruptions;
                    (E) the quantity of each critical mineral projected 
                to be domestically recycled over the subsequent 1-year, 
                5-year, and 10-year periods;
                    (F) the market penetration of alternatives to each 
                critical mineral projected to take place over the 
                subsequent 1-year, 5-year, and 10-year periods;
                    (G) a discussion of reasonably foreseeable 
                international trends associated with the discovery, 
                production, consumption, use, costs of production, 
                prices, and recycling of each critical mineral as well 
                as the development of alternatives to critical 
                minerals; and
                    (H) such other projections relating to each 
                critical mineral as the Secretary determines to be 
                necessary to achieve the purposes of this section.
    (b) Proprietary Information.--In preparing a report described in 
subsection (a), the Secretary shall ensure that--
            (1) no person uses the information and data collected for 
        the report for a purpose other than the development of or 
        reporting of aggregate data in a manner such that the identity 
        of the person who supplied the information is not discernible 
        and is not material to the intended uses of the information;
            (2) no person discloses any information or data collected 
        for the report unless the information or data has been 
        transformed into a statistical or aggregate form that does not 
        allow the identification of the person who supplied particular 
        information; and
            (3) procedures are established to require the withholding 
        of any information or data collected for the report if the 
        Secretary determines that withholding is necessary to protect 
        proprietary information, including any trade secrets or other 
        confidential information.

SEC. 108. EDUCATION AND WORKFORCE.

    (a) Workforce Assessment.--Not later than 300 days after the date 
of enactment of this Act, the Secretary of Labor (in consultation with 
the Secretary of the Interior, the Director of the National Science 
Foundation, and employers in the critical minerals sector) shall submit 
to Congress an assessment of the domestic availability of technically 
trained personnel necessary for critical mineral assessment, 
production, manufacturing, recycling, analysis, forecasting, education, 
and research, including an analysis of--
            (1) skills that are in the shortest supply as of the date 
        of the assessment;
            (2) skills that are projected to be in short supply in the 
        future;
            (3) the demographics of the critical minerals industry and 
        how the demographics will evolve under the influence of factors 
        such as an aging workforce;
            (4) the effectiveness of training and education programs in 
        addressing skills shortages;
            (5) opportunities to hire locally for new and existing 
        critical mineral activities;
            (6) the sufficiency of personnel within relevant areas of 
        the Federal Government for achieving the policy described in 
        section 102(a); and
            (7) the potential need for new training programs to have a 
        measurable effect on the supply of trained workers in the 
        critical minerals industry.
    (b) Curriculum Study.--
            (1) In general.--The Secretary and the Secretary of Labor 
        shall jointly enter into an arrangement with the National 
        Academy of Sciences and the National Academy of Engineering 
        under which the Academies shall coordinate with the National 
        Science Foundation on conducting a study--
                    (A) to design an interdisciplinary program on 
                critical minerals that will support the critical 
                mineral supply chain and improve the ability of the 
                United States to increase domestic, critical mineral 
                exploration, development, and manufacturing;
                    (B) to address undergraduate and graduate 
                education, especially to assist in the development of 
                graduate level programs of research and instruction 
                that lead to advanced degrees with an emphasis on the 
                critical mineral supply chain or other positions that 
                will increase domestic, critical mineral exploration, 
                development, and manufacturing;
                    (C) to develop guidelines for proposals from 
                institutions of higher education with substantial 
                capabilities in the required disciplines to improve the 
                critical mineral supply chain and advance the capacity 
                of the United States to increase domestic, critical 
                mineral exploration, development, and manufacturing; 
                and
                    (D) to outline criteria for evaluating performance 
                and recommendations for the amount of funding that will 
                be necessary to establish and carry out the grant 
                program described in subsection (c).
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        description of the results of the study required under 
        paragraph (1).
    (c) Grant Program.--
            (1) Establishment.--The Secretary and the National Science 
        Foundation shall jointly conduct a competitive grant program 
        under which institutions of higher education may apply for and 
        receive 4-year grants for--
                    (A) startup costs for newly designated faculty 
                positions in integrated critical mineral education, 
                research, innovation, training, and workforce 
                development programs consistent with subsection (b);
                    (B) internships, scholarships, and fellowships for 
                students enrolled in critical mineral programs; and
                    (C) equipment necessary for integrated critical 
                mineral innovation, training, and workforce development 
                programs.
            (2) Renewal.--A grant under this subsection shall be 
        renewable for up to 2 additional 3-year terms based on 
        performance criteria outlined under subsection (b)(1)(D).

SEC. 109. INTERNATIONAL COOPERATION.

    (a) Establishment.--The Secretary of State, in coordination with 
the Secretary, shall carry out a program to promote international 
cooperation on critical mineral supply chain issues with allies of the 
United States.
    (b) Activities.--Under the program, the Secretary may work with 
allies of the United States--
            (1) to increase the global, responsible production of 
        critical minerals, if a determination is made by the Secretary 
        that there is no viable production capacity for the critical 
        minerals within the United States;
            (2) to improve the efficiency and environmental performance 
        of extraction techniques;
            (3) to increase the recycling of, and deployment of 
        alternatives to, critical minerals;
            (4) to assist in the development and transfer of critical 
        mineral extraction, processing, and manufacturing technologies 
        that would have a beneficial impact on world commodity markets 
        and the environment;
            (5) to strengthen and maintain intellectual property 
        protections; and
            (6) to facilitate the collection of information necessary 
        for analyses and forecasts conducted pursuant to section 107.

                   TITLE II--MINERAL-SPECIFIC ACTIONS

SEC. 201. ADMINISTRATION.

    Nothing in this title or an amendment made by this title affects 
the methodology or designations established under section 101.

SEC. 202. COBALT.

    (a) Authorization.--The Secretary shall support research programs 
that focus on novel uses for cobalt (including energy technologies and 
super-alloys), including--
            (1) use in clean energy technologies (including, for 
        purposes of this section, rechargeable batteries, catalysts, 
        photovoltaic cells, permanent magnets, and fuel cells);
            (2) use in alloys with military equipment, civil aviation, 
        and electricity generation applications; and
            (3) use as coal-to-gas and coal-to-liquid catalysts.
    (b) Categories.--Research under this section shall be conducted 
in--
            (1) a fundamental category, including laboratory and 
        literature research; and
            (2) an applied category, including plant and field 
        research.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the applicable committees a 
report describing--
            (1) the research programs carried out under this section;
            (2) the findings of the programs; and
            (3) future research efforts planned.

SEC. 203. HELIUM.

    (a) Incentives for Innovative Technologies.--Section 1703(b) of the 
Energy Policy Act of 2005 (42 U.S.C. 16513(b)) (as amended by section 
106(e)) is amended by adding at the end the following:
            ``(13) Helium projects.''.
    (b) Resource Assessment.--The Secretary of the Interior shall 
update existing resource information for helium in accordance with 
section 211.

SEC. 204. LEAD.

    (a) In General.--The Secretary shall support research programs that 
focus on advanced lead manufacturing processes, including programs 
that--
            (1) contribute to the establishment of a secure, domestic 
        supply of lead;
            (2) produce technologies that represent an environmental 
        improvement compared to conventional production processes; or
            (3) produce technologies that attain a higher efficiency 
        level compared to conventional production processes.
    (b) Coordination.--In carrying out the programs under subsection 
(a), the Secretary shall coordinate with other entities to promote the 
development of environmentally responsible lead manufacturing, 
including--
            (1) other Federal agencies;
            (2) States with affected interests;
            (3) manufacturers;
            (4) clean energy technology manufacturers, including 
        producers of batteries and other energy storage technologies; 
        and
            (5) any others considered appropriate by the Secretary.

SEC. 205. LITHIUM.

    Subtitle E of title VI of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17241 et seq.) is amended by adding at the end the 
following:

``SEC. 657. GRANTS FOR LITHIUM PRODUCTION RESEARCH AND DEVELOPMENT.

    ``(a) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
            ``(1) a private partnership or other entity that is--
                    ``(A) organized in accordance with Federal law; and
                    ``(B) engaged in lithium production for use in 
                advanced battery technologies;
            ``(2) a public entity, such as a State, tribal, or local 
        governmental entity; or
            ``(3) a consortium of entities described in paragraphs (1) 
        and (2).
    ``(b) Grants.--The Secretary shall provide grants to eligible 
entities for research, development, demonstration, and commercial 
application of domestic industrial processes that are designed to 
enhance domestic lithium production for use in advanced battery 
technologies, as determined by the Secretary.
    ``(c) Use.--An eligible entity shall use a grant provided under 
this section to develop or enhance--
            ``(1) domestic industrial processes that increase lithium 
        production, processing, or recycling for use in advanced 
        lithium batteries; or
            ``(2) industrial processes associated with new formulations 
        of lithium feedstock for use in advanced lithium batteries.''.

SEC. 206. LOW-BTU GAS.

    (a) Definition of Low-Btu Gas.--In this section, the term ``low-Btu 
gas'' means a fuel gas with a heating value of less than 250 Btu per 
cubic foot measured as the higher heating value resulting from the 
inclusion of noncombustible gases, including nitrogen, helium, argon, 
and carbon dioxide.
    (b) Authorization.--The Secretary shall support programs of 
research, development, commercial application, and conservation to 
expand the domestic production of low-Btu gas and helium resources, 
including the programs described in subsection (c).
    (c) Programs.--
            (1) Membrane technology research.--The Secretary, in 
        consultation with appropriate agencies, shall support a 
        civilian research program to develop advanced membrane 
        technology that is used in the separation of gases from 
        applications, including technologies that--
                    (A) remove constituent gases that lower the Btu 
                content of natural gas; or
                    (B) remove gases from landfills and separate out 
                methane.
            (2) Helium separation technology.--The Secretary shall 
        support a research program to develop technologies for 
        separating, gathering, and processing helium in low 
        concentrations that occur naturally in geologic reservoirs or 
        formations, including low-Btu gas production streams.
            (3) Industrial helium program.--The Secretary, working 
        through the Industrial Technologies Program of the Department 
        of Energy, shall support a research program--
                    (A) to develop technologies for recycling, 
                reprocessing, and reusing helium; and
                    (B) to develop industrial gathering technologies to 
                capture helium from other chemical processing, 
                including ammonia processing.
    (d) Incentives for Innovative Technologies.--Section 1703(b) of the 
Energy Policy Act of 2005 (42 U.S.C. 16513(b)) (as amended by section 
203(a)) is amended by adding at the end the following:
            ``(14) Projects promoting low-Btu gas (as defined in 
        section 206(a) of the Critical Minerals Policy Act of 2011).''.

SEC. 207. PHOSPHATE.

    The Secretary of the Interior shall update existing resource 
information for phosphate in accordance with section 211.

SEC. 208. POTASH.

    The Secretary of the Interior shall update existing resource 
information for potash in accordance with section 211.

SEC. 209. RARE EARTH ELEMENTS.

    The Secretary of the Interior shall update existing resource 
information for rare earth elements in accordance with section 211.

SEC. 210. THORIUM.

    (a) Study.--The Secretary, in consultation with the Nuclear 
Regulatory Commission, shall conduct a study on the technical, 
economic, and policy issues (including nonproliferation) associated 
with establishing a licensing pathway for the complete thorium nuclear 
fuel cycle (including mining, milling, processing, fabrication, 
reactors, disposal, and decommissioning) that--
            (1) identifies the gaps in the technical knowledge that 
        could lead to a licensing pathway; and
            (2) considers technologies and applications for any thorium 
        byproducts of critical mineral production or processing.
    (b) Cooperation.--In conducting the study under subsection (a), the 
Secretary shall cooperate with appropriate--
            (1) trade associations;
            (2) equipment manufacturers;
            (3) National Laboratories;
            (4) institutions of higher education; and
            (5) other applicable entities.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the applicable committees a 
report summarizing the findings of the study.

SEC. 211. UPDATED RESOURCE INFORMATION.

    (a) Resources.--Not later than 21 months after the date of 
enactment of this Act, the Secretary of the Interior shall complete an 
update of existing resource information for helium, phosphate, potash, 
and rare earth elements.
    (b) Consultation.--In updating resource information under this 
section, the Secretary of the Interior shall consult with--
            (1) the heads of appropriate State geological surveys;
            (2) mineral producers;
            (3) mineral processors;
            (4) trade associations;
            (5) academic institutions; and
            (6) such other entities or individuals as the Secretary of 
        the Interior considers appropriate.
    (c) Limitation.--
            (1) In general.--Resource information updates carried out 
        pursuant to this section shall be limited to collection of 
        existing information.
            (2) Administration.--If any mineral covered by this section 
        is designated as a critical mineral under section 101, this 
        section shall not apply.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of the Interior shall submit to the applicable 
committees written notification certifying that the resource 
information for helium, phosphate, potash, and rare earth elements is 
up-to-date.

                        TITLE III--MISCELLANEOUS

SEC. 301. OFFSETS.

    (a) In General.--The following Acts are repealed:
            (1) The National Materials and Minerals Policy, Research 
        and Development Act of 1980 (30 U.S.C. 1601 et seq.), other 
        than subsections (e) and (f) of section 5 of that Act (30 
        U.S.C. 1604).
            (2) The National Critical Materials Act of 1984 (30 U.S.C. 
        1801 et seq.).
    (b) Conforming Amendment.--Section 3(d) of the National 
Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 5202(d)) 
is amended in the first sentence by striking ``, with the assistance of 
the National Critical Materials Council as specified in the National 
Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.),''.

SEC. 302. ADMINISTRATION.

    Nothing in this Act or an amendment made by this Act modifies any 
requirement or authority provided by the matter under the heading 
``GEOLOGICAL SURVEY'' of the first section of the Act of March 3, 1879 
(43 U.S.C. 31(a)).

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act and 
the amendments made by this Act $106,000,000, of which--
            (1) $1,000,000 shall be used to carry out section 101, to 
        remain available until expended;
            (2) $20,000,000 shall be used to carry out section 103, to 
        remain available until expended;
            (3) $5,000,000 shall be used to carry out section 104, to 
        remain available until expended;
            (4) $1,500,000 for each of fiscal years 2011 through 2016 
        shall be used to carry out section 106 and the amendment made 
        by that section, to remain available until expended;
            (5)(A) $2,000,000 for each of fiscal years 2011 and 2012 
        shall be used to carry out section 107, to remain available 
        until expended; and
            (B) $1,000,000 for each of fiscal years 2013 through 2016 
        shall be used to carry out section 107;
            (6) $5,000,000 for each of fiscal years 2011 through 2016 
        shall be used to carry out section 108, to remain available 
        until expended;
            (7) $1,500,000 for each of fiscal years 2011 through 2016 
        shall be used to carry out section 109, to remain available 
        until expended;
            (8) $1,000,000 for each of fiscal years 2011 through 2014 
        shall be used to carry out sections 202, 204, 205, 206, and 210 
        and the amendments made by those sections; and
            (9) $4,000,000 shall be used to carry out section 211, to 
        remain available until expended.
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