116 HR 8981 IH: Securing America’s Mineral Supply Chains Act of 2022
U.S. House of Representatives
2022-09-22
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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.
I
117th CONGRESS
2d Session
H. R. 8981
IN THE HOUSE OF REPRESENTATIVES
September 22, 2022
Mr. Westerman (for himself, Mrs. Rodgers of Washington, Mr. Upton, Mr. Latta, Mr. Calvert, and Mr. Stauber) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Foreign Affairs, Energy and Commerce, Appropriations, and 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 streamline hardrock mine permitting on Federal lands, support technological and scientific advancements for mineral development, expand the mining workforce, track global supply chains, strengthen domestic refining and processing capacity, and for other purposes.
1.

Short title
This Act may be cited as the “Securing America’s Mineral Supply Chains Act of 2022”.
2.

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Title I—Permitting
Sec. 101. Definitions.
Sec. 102. Minerals supply chain and reliability.
Sec. 103. Limitation on judicial review.
Sec. 104. Federal Register process improvement.
Sec. 105. Treatment of actions under Presidential Determination 202–11 for Federal permitting improvement purposes.
Sec. 106. Mineral exploration activities with limited surface disturbance.
Sec. 107. Use of mining claims for ancillary activities.
Title II—Land Use Planning for Mineral Development
Sec. 201. Resource assessment and study required for withdrawal.
Sec. 202. Congressional approval.
Title III—Technological Innovation
Sec. 301. Mineral resource and technology grants.
Sec. 302. Carbon sequestration using mineralization.
Sec. 303. Rare earth elements and critical minerals processing technologies.
Title IV—Mining Workforce Development
Sec. 401. Technology grants to strengthen domestic mining education.
Sec. 402. Authorization of the mineral resources assessment training program.
Title V—Mineral Supply Chain Security
Sec. 501. Ensuring consideration of uranium as a critical mineral.
Sec. 502. Report on investments of the Russian Federation and the People’s Republic of China in foreign mining and processing industries.
Sec. 503. Report on mineral exploration and development in Afghanistan.
Sec. 504. Annual review of critical mineral designations.
Title VI—Critical energy resources
Sec. 601. Waiver for national security or energy security.
Sec. 602. Chemical substance review.
Sec. 603. Interim hazardous waste permits.
Sec. 604. Flexible air permits for critical energy resource facilities.
Sec. 605. Amendment to the Department of Energy Organization Act.
Sec. 606. Securing critical energy resource supply chains.
Sec. 607. Programs to restore domestic uranium supply services.
Sec. 608. Definitions.
I

Permitting
101.

Definitions
In this Act:
(1)

Byproduct
The term “byproduct” has the meaning given such term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(2)

Critical mineral
The term “critical mineral” has the meaning given such term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(3)

Indian tribe
The term “Indian Tribe” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(4)

Secretary
Except as otherwise provided, the term “Secretary” means the Secretary of the Interior.
(5)

State
The term “State” means—
(A)
a State;
(B)
the District of Columbia;
(C)
the Commonwealth of Puerto Rico;
(D)
Guam;
(E)
American Samoa;
(F)
the Commonwealth of the Northern Mariana Islands; and
(G)
the United States Virgin Islands.
(6)

Lead agency
The term “lead agency” means the agency with primary responsibility for issuing a mineral exploration or mine permit for a project.
102.

Minerals supply chain and reliability
Section 40206 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1607) is amended—
(1)
in the section heading, by striking “Critical minerals” and inserting “Minerals”;
(2)
in subsection (a)—
(A)
in the heading by striking “Definition of Critical Mineral” and inserting “Definitions”;
(B)
by striking “section,” and inserting “section:”;
(C)
by striking “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))” and inserting the following:
“(1)

Mineral
The term “mineral” means any mineral of a kind that is locatable (including such minerals located on lands acquired by the United States, as such term is defined in section 102 of the Mineral Leasing Act for Acquired Lands) under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91).”; and
(D)
by adding at the end the following:
“(2)

Mineral exploration or mine permit
The term “mineral exploration or mine permit” means—
(A)
an authorization of the Bureau of Land Management or the Forest Service, as applicable, for exploration for minerals that requires analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B)
a plan of operations for a mineral project approved by the Bureau of Land Management or the Forest Service; or
(C)
any other permit or authorization for a mineral project.
(3)

Mineral project
The term “mineral project” means a project—
(A)
located on—
(i)
a mining claim, millsite claim, or tunnel site claim for any mineral;
(ii)
lands open to mineral entry; or
(iii)
a Federal mineral lease; and
(B)
for the purposes of exploring for or producing minerals.
(4)

Lead agency
The term “lead agency” means the Federal agency with primary responsibility for issuing a mineral exploration or mine permit for a mineral project.”;
(3)
in subsection (b), by striking “critical” each place it appears;
(4)
in subsection (c)—
(A)
by striking “critical mineral production on Federal land” and inserting “mineral projects”;
(B)
by inserting “, and in accordance with subsection (h)” after “to the maximum extent practicable”;
(C)
by striking “shall complete the” and inserting “shall complete such”;
(D)
in paragraph (1), by striking “critical mineral-related activities on Federal land” and inserting “mineral projects”;
(E)
in paragraph (8), by striking the “and” at the end;
(F)
in paragraph (9), by striking “procedures.” and inserting “procedures; and”; and
(G)
by adding at the end the following:
“(10)
deferring to and relying on baseline data, analyses, and reviews performed by State agencies with jurisdiction over the environmental or reclamation permits for the proposed mineral project.”;
(5)
in subsection (d)—
(A)
by striking “critical” each place it appears; and
(B)
in paragraph (3), by striking “mineral-related activities on Federal land” and inserting “mineral projects”;
(6)
in subsection (e), by striking “critical”;
(7)
in subsection (f), by striking “critical” each place it appears;
(8)
in subsection (g), by striking “critical” each place it appears; and
(9)
by adding at the end the following:
“(h)

Other requirements
(1)

Memorandum of agreement
For purposes of maximizing efficiency and effectiveness of the Federal permitting and review processes described under subsection (c), the lead agency in the Federal permitting and review processes of a mineral project shall (in consultation with any other Federal agency involved in such Federal permitting and review processes, and upon request of the project applicant, an affected State government, local government, or an Indian Tribe, or other entity such lead agency determines appropriate) enter into a memorandum of agreement to carry out the activities described in subsection (c).
(2)

Timelines and schedules for NEPA reviews
(A)

Deadlines
Any timelines or schedules established under subsection (c)(1) relating to a review under section 102(2)(C) of the National Environmental Policy Act of 1969 shall require that the review process not exceed—
(i)
18 months for an environmental assessment; and
(ii)
24 months for an environmental impact statement.
(B)

Extension
A project applicant may enter into 1 or more agreements with a lead agency to extend the deadlines described in clauses (i) and (ii) of subparagraph (A) by, with respect to each such agreement, not more than 6 months.
(C)

Adjustment of timelines
At the request of a project applicant, the lead agency and any other entity which is a signatory to a memorandum of agreement under paragraph (1) may, by unanimous agreement, adjust—
(i)
any deadlines described in subparagraph (A); and
(ii)
any deadlines extended under subparagraph (B).
(3)

Effect on pending applications
Upon a written request by a project applicant, the requirements of this subsection shall apply to any application for a mineral exploration or mine permit that was submitted before the date of enactment of the Securing America’s Mineral Supply Chains Act of 2022.”.
103.

Limitation on judicial review
(a)

In general
Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal lead agency for a mining project shall be barred unless it is filed not later than 1 year after the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed.
(b)

Savings clause
Nothing in this section shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or approval.
104.

Federal Register process improvement
Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is amended—
(1)
in paragraph (2), by striking “critical” both places such term appears; and
(2)
by striking paragraph (4).
105.

Treatment of actions under Presidential Determination 2022–11 for Federal permitting improvement purposes
(a)

In general
Except as provided by subsection (c), an action described in subsection (b) shall be—
(1)
treated as a covered project, as defined in section 41001(6) of the Fixing America’s Surface Transportation Act (42 U.S.C. 4370m(6)), without regard to the requirements of that section; and
(2)
included in the Permitting Dashboard maintained pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m–2(b)).
(b)

Actions described
An action described in this subsection is an action taken by the Secretary of Defense pursuant to Presidential Determination 2022–11 (87 Fed. Reg. 19775; relating to certain actions under section 303 of the Defense Production Act of 1950) to create, maintain, protect, expand, or restore sustainable and responsible domestic production capabilities through—
(1)
supporting feasibility studies for mature mining, beneficiation, and value-added processing projects;
(2)
by-product and co-product production at existing mining, mine waste reclamation, and other industrial facilities;
(3)
modernization of mining, beneficiation, and value-added processing to increase productivity, environmental sustainability, and workforce safety; or
(4)
any other activity authorized under section 14 303(a)(1) of the Defense Production Act of 1950 15 (50 U.S.C. 4533(a)(1)).
(c)

Exception
An action described in subsection (b) may not be treated as a covered project or be included in the Permitting Dashboard under subsection (a) if the project sponsor (as defined in section 41001(18) of the Fixing America’s Surface Transportation Act (42 U.S.C. 21 4370m(18))) requests that the action not be treated as a covered project.
106.

Mineral exploration activities with limited surface disturbance
Notwithstanding any other provision of law, the Secretary, with respect to lands administered by the Secretary, and the Secretary of Agriculture with respect to National Forest System lands, shall allow mineral exploration activities other than casual use to proceed after receiving a notice in such time, place, and manner as the applicable Secretary determines appropriate, describing the exploration activities and subsequent reclamation activities if—
(1)
the surface disturbance on Federal land will not exceed 5 acres;
(2)
the Secretary determines that the notice is complete; and
(3)
the exploration activities are not on Federal land that has been previously reclaimed.
107.

Use of mining claims for ancillary activities
Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f) is amended by adding at the end the following:
“(e)

Security of tenure
(1)

In general
A claimant shall have the right to use and occupy public land, before and after the discovery of a valuable mineral deposit, in order to prospect, mine, conduct processing operations, or carry out other activities reasonably incident to such activities if—
(A)
such claimant makes a timely payment of the location fee required by section 10102(g) and the claim maintenance fee required by subsection (a); or
(B)
in the case of a claimant who qualifies for a waiver under subsection (d), such claimant makes a timely payment of the location fee and complies with the required assessment work under the general mining laws.
(2)

Fulfillment of Federal Land Policy and Management Act
A claimant that fulfills the requirements of this section and section 10102(g) shall be deemed to satisfy the requirements of any provision of the Federal Land Policy and Management Act that requires the payment of fair market value to the United States for use of public lands and resources relating to use of such lands and resources authorized by the general mining laws.
(3)

Savings clause
Nothing in this subsection may be construed to diminish—
(A)
the rights of entry, use, and occupancy of a claimant under the general mining laws; or
(B)
the rights of a claimant under the general mining laws.”.
II

Land Use Planning for Mineral Development
201.

Resource assessment and study required for withdrawal
(a)

Resource assessments required
Federal lands and waters may not be withdrawn from entry under the mining laws or operation of the mineral leasing and mineral materials laws unless—
(1)
a quantitative and qualitative geophysical and geological mineral resource assessment of the impacted area has been completed during the 10-year period ending on the date of such withdrawal or has been certified as current by the Director of the United States Geological Survey; or
(2)
United States Geological Survey, in consultation with the Department of Defense, Department of State, and the United States Trade Representative, conducts a mineral assessment to ensure that the minerals to be withdrawn by a proposed withdrawal does not impede the ability of the United States or its allies to procure a secure supply chain of mineral resources, and in turn, result in negative impacts on—
(A)
the economic or national security of the United States or an ally of the United States;
(B)
the ability of the United States to ensure an appropriate balance of trade; or
(C)
the ability of the United States to access mineral resources certified as responsibly sourced and not acquired through the use of child or slave labor.
(b)

New information
If a resource assessment completed by the Director of the United States Geological Survey shows that a previously undiscovered deposit is likely present in an area that has been withdrawn from entry under the mining laws or operation of the mineral leasing and mineral materials laws pursuant to—
(1)
section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714), the Secretary shall update the existing Resource Management Plan for such area; or
(2)
chapter 3203 of title 54, United States Code, the Secretary shall provide recommendations to the President on appropriate measures to reduce unnecessary impacts that the withdrawal may have on critical mineral exploration, development, and other mining activities.
(c)

Resource management plans
Before a resource management plan under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) is updated or completed, the Secretary or Secretary of Agriculture, as applicable, shall, in consultation with the Director of the United States Geological Survey—
(1)
review a quantitative and qualitative mineral resource assessment that was completed or updated during the 10-year period ending on the date the resource management plan is updated or completed or is certified as current by the Director of the United States Geological Survey for the geographic area affected by the resource management plan; and
(2)
in consultation with the Departments of Commerce and Defense, consider the economic, strategic and national security value of mineral deposits in the impacted geographic area affected by the resource management plan.
(d)

Previously undiscovered deposit
In this section, the term “previously undiscovered deposit” means a deposit that has been previously evaluated by the United States Geological Survey and found to be of low mineral potential but upon subsequent evaluation is determined to have recoverable quantities of a critical mineral.
202.

Congressional approval
(a)

Moratoria
The Secretary may not declare a moratorium on issuing leases, claims, or permits on Federal lands, including on the Outer Continental Shelf, for the mining of critical minerals, or related activities.
(b)

Limitation
Notwithstanding any other provision of law, the Secretary and the Secretary of Agriculture may not withdraw Federal lands and waters from entry under the mining laws or operation of the mineral leasing and mineral materials laws for the mining of critical minerals and any mineral commodity from which a byproduct of production is a critical mineral if such withdrawal—
(1)
exceeds 5,000 acres in a single withdrawal; or
(2)
is of a parcel the exterior boundary of which is less than 50 miles away from the exterior boundary of another parcel that was withdrawn during the 1-year period ending on the date of withdrawal of the parcel at issue.
(c)

Prohibition on rescission of leases, permits, or claims
The President or Secretary, or Secretary of Agriculture as applicable, may not rescind any existing lease, permit, or claim on the mining and extraction of any critical mineral or common varieties of sand, stone, and gravel on National Forest System or Bureau of Land Management land unless specifically authorized by an Act of Congress, or upon the lessee, permittee, or claimant’s failure to comply with any of the provisions of its agreement.
III

Technological Innovation
301.

Mineral resource and technology grants
(a)

In general
The Director of the United States Geological Survey shall establish a competitive grant program to provide grants to eligible entities to conduct studies, research, and demonstration projects relating to the production of critical minerals, including—
(1)
the geologic setting and genesis of United States mineral resources in a global context, in order to ensure a sustainable supply of minerals for the Nation’s future;
(2)
mineral deposits, mineralizing processes, and identifying undiscovered resources, provide objective information and analysis related to minerals issues to support national security, land use, resource policy, and environmental or public health and safety decision makers;
(3)
collect, compile, analyze, and disseminate data and develop and maintain national and international databases for timely release of information to users;
(4)
apply mineral-resource expertise and technologies to non-mineral-resource issues; or
(5)
studies of mining, mineral extraction, processing and reclamation technologies.
(b)

Eligible entities
For the purposes of this section, the term “eligible entities” means—
(1)
universities, including mining schools;
(2)
State agencies, including State geological surveys; and
(3)
private sector organizations with the ability to carry out the purposes identified in this section that partner with State agencies or universities, including mining schools.
302.

Carbon sequestration using mineralization
(a)

National resource assessment for carbon mineralization
Not later than 1 year after the date of enactment of this section, the Director of the United States Geological Survey, in consultation with the Director of the Bureau of Land Management, the State geological surveys, and the Secretary of Energy, shall conduct a national resource assessment of high potential areas for carbon mineralization, both in situ and ex situ, including but not limited to utilization of mine tailings.
(b)

Pilot project
The Director of the United States Geological Survey, in consultation with the Director of the Bureau of Land Management and applicable State geological surveys, shall conduct a pilot project through the Mineral Resources Assessment Training program, established under section 402, for the following purposes:
(1)
Identification of new areas of high carbon mineralization potential in the United States, both in situ and ex situ.
(2)
Further analysis of areas previously identified by the United States Geological Survey, State geological surveys, or other data science agencies as high potential areas for carbon mineralization in the United States.
(3)
To the extent practicable, evaluation of the economic viability of carbon mineralization efforts in identified areas.
(c)

Database
(1)

In general
Not later than 1 year after the date of enactment of this section, the Director of the United States Geological Survey, in consultation with applicable State and Federal data science and land management agencies, shall establish a national database of high potential areas for in situ and ex situ carbon mineralization in the United States.
(2)

Integration of data
The database established in this subsection shall integrate data or other analysis collected through the activities required by subsections (a) and (b).
(d)

Savings clause
Nothing in this section shall be construed as requiring prioritization of the use of mine tailing for carbon mineralization compared to the use of mine tailings for any other purpose.
303.

Rare earth elements and critical minerals processing technologies
(a)

Research program for the recovery of critical minerals from various forms of mine waste and metallurgical activities
The Secretary of Energy, in consultation with the Secretary, acting through the Office of Surface Mining Reclamation and Enforcement Applied Science Program, shall carry out a grant program—
(1)
to research, develop, and assess advanced processing technologies and techniques for the extraction, recovery, and reduction of critical minerals, including rare earth elements, from various forms of mine waste and metallurgical activities, including mine waste piles, abandoned mine land sites, acid mine drainage sludge, byproducts produced through legacy mining and metallurgy activities, or oil shale; and
(2)
to determine if there are, and mitigate if present, any potential environmental impacts that could arise from the recovery of critical minerals from these resources.
(b)

Report
Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources, the Committee on Science, Space, and Technology, and the Committee on Energy and Commerce of the House of Representatives a report evaluating the research and development of advanced processing technologies for the extraction, recovery, and reduction of critical minerals, including rare earth elements, from mine waste piles, acid mine drainage sludge, byproducts produced through legacy mining and metallurgy activities, or oil shale.
IV

Mining Workforce Development
401.

Technology grants to strengthen domestic mining education
(a)

Definitions
In this section:
(1)

Board
The term “Board” means the Mining Professional Development Advisory Board established by subsection (d)(1).
(2)

Mining industry
The term “mining industry” means the mining industry of the United States, consisting of the search for, extraction, beneficiation, refining, smelting, and processing of, naturally occurring metal and nonmetal minerals from the earth.
(3)

Mining profession
The term “mining profession” means the body of jobs directly relevant to—
(A)
the exploration, planning, execution, and remediation of metal and nonmetal mining sites; and
(B)
the extraction, including the separation, refining, alloying, smelting, concentration, and processing, of mineral ores.
(4)

Mining school
The term “mining school” means—
(A)
a mining, metallurgical, geological, or mineral engineering program accredited by the Accreditation Board for Engineering and Technology, Inc., that is located at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); or
(B)
a geology or engineering program or department that is located at a 4-year public institution of higher education (as so defined) located in a qualified State.
(5)

Qualified State
The term “qualified State” means a State that, in the 5 years preceding the date of an application for a grant under this section, averaged not less than $2,000,000,000 in the combined categories of “Mining (except oil and gas)” and “Support activities for mining”, according to the Bureau of Economic Analysis.
(6)

Secretary
The term “Secretary” means the Secretary of Energy.
(b)

Domestic mining education strengthening program
The Secretary shall establish a program to strengthen domestic mining education under which the Secretary shall award competitive grants to mining schools for the purposes described in paragraph (4).
(c)

Grants
(1)

In general
In carrying out the grant program established under subsection (b), the Secretary shall award not more than 10 grants each year to mining schools.
(2)

Selection requirements
(A)

In general
To the maximum extent practicable, the Secretary shall select recipients for grants under paragraph (1) to ensure geographic diversity among grant recipients to ensure that region-specific specialties are developed for region-specific geology.
(B)

Timeline
(i)

In general
The Secretary shall award the first grant under paragraph (1) not later than 1 year after the date of enactment of this Act.
(ii)

Subsequent grants
Each year following the first year in which grants are awarded pursuant to clause (i), the Secretary shall award subsequent grants by not later than 1 year after the date on which the grants were awarded the previous year.
(3)

Recommendations of the board
In selecting recipients for grants under paragraph (1) and determining the amount of each grant, the Secretary shall take into consideration the recommendations of the Board under subparagraphs (A) and (B) of subsection (d)(3).
(4)

Use of funds
A mining school shall use grant funds received under this section—
(A)
to recruit students to the mining school, including through awarding scholarships; and
(B)
to enhance and support programs related to, as applicable—
(i)
mining, mineral extraction efficiency, and related processing technology;
(ii)
emphasizing critical mineral and rare earth element exploration, extraction, and refining;
(iii)
reclamation technology and practices for active mining operations;
(iv)
the development of reprocessing systems and technologies that facilitate reclamation that fosters the recovery of resources at abandoned mine sites;
(v)
mineral extraction methods that reduce environmental and human impacts;
(vi)
technologies to extract, refine, separate, melt, or produce minerals, including rare earth elements;
(vii)
reducing dependence on foreign energy and mineral supplies through increased domestic critical mineral production;
(viii)
enhancing the competitiveness of United States energy and mineral technology exports;
(ix)
the extraction or processing of coinciding mineralization, including rare earth elements, within coal, coal processing byproduct, overburden, or coal residue;
(x)
enhancing technologies and practices relating to mitigation of acid mine drainage, reforestation, and revegetation in the reclamation of land and water resources adversely affected by mining;
(xi)
enhancing exploration and characterization of new or novel deposits, including rare earth elements and critical minerals within phosphate rocks, uranium-bearing deposits, and other nontraditional sources;
(xii)
meeting challenges of extreme mining conditions, such as deeper deposits or offshore or cold region mining; and
(xiii)
mineral economics, including analysis of supply chains, future mineral needs, and unconventional mining resources.
(d)

Mining professional development advisory board
(1)

In general
There is established an advisory board, to be known as the “Mining Professional Development Advisory Board”.
(2)

Composition
The Board shall be composed of 6 members, to be appointed by the Secretary not later than 180 days after the date of enactment of this Act, of whom—
(A)
3 shall be individuals who are actively working in the mining profession and for the mining industry; and
(B)
3 shall have experience in academia implementing and operating professional skills training and education programs in the mining sector.
(3)

Duties
The Board shall—
(A)
evaluate grant applications received under subsection (c) and make recommendations to the Secretary for selection of grant recipients under that subsection;
(B)
propose the amount of the grant for each applicant recommended to be selected under subparagraph (A); and
(C)
perform oversight to ensure that grant funds awarded under subsection (c) are used for the purposes described in paragraph (4) of that subsection.
(4)

Term
A member of the Board shall serve for a term of 4 years.
(5)

Vacancies
A vacancy on the Board—
(A)
shall not affect the powers of the Board; and
(B)
shall be filled in the same manner as the original appointment was made by not later than 180 days after the date on which the vacancy occurs.
402.

Authorization of the mineral resources assessment training program
(a)

Establishment
Within one year of enactment of this section, the United States Geological Survey shall establish a Mineral Resources Assessment Training Program to train early and mid-career scientists, employed at the United States Geological Survey to carry out mineral assessments and associated activities.
(1)
Training shall be conducted over a two-year curriculum period.
(2)
Training curriculum shall be conducted for applicable students at regular intervals not less than once every five years.
(b)

Pilot projects
Participants of the program established by (a) may conduct pilot projects furthering the goals of the United States Geological Survey Mineral Resources Program as part of training curriculum. Such pilot projects may be conducted in conjunction with State geological surveys, the Bureau of Land Management, and other data science and land management agencies.
(c)

Interagency training
In carrying out the goals of this section, the United States Geological Survey is authorized to conduct joint training sessions with other data science and land management agencies, including but not limited to the Bureau of Land Management and State geological surveys.
V

Mineral Supply Chain Security
501.

Ensuring consideration of uranium as a critical mineral
Section 7002(a)(3)(B)(i) is amended to read as follows:
“(i)
oil, oil shale, coal, or natural gas;”.
502.

Report on investments of the Russian Federation and the People’s Republic of China in foreign mining and processing industries
(a)

In general
Not later than 180 days after the date of the enactment of this Act and annually thereafter for 5 years, the Secretary, acting through the Director of the United States Geological Survey, in consultation with the Secretary of Commerce, the Secretary of State, and the Secretary of Homeland Security, shall submit to the appropriate congressional committees a report that—
(1)
describes the involvement of the Government of the People’s Republic of China, People’s Republic of China state-sponsored companies, and companies incorporated in the People’s Republic of China and the involvement of the Government of the Russian Federation, state-sponsored companies of the Russian Federation, and companies incorporated in the Russian Federation in the exploration, planning, development, operation, production, financing, or ownership of mining or processing facilities as identified in global investment trends by the World Mineral Outlook, and in countries identified in the United States Geological Survey’s Annual Mineral Commodity Summaries for which the United States imports minerals, metals, and materials; and
(2)
evaluates strategic or security concerns and implications for United States national security and economic interests and the interests of the countries identified pursuant to paragraph (1) with respect to the People’s Republic of China’s involvement and influence in developing the country’s mining and processing industries.
(b)

Publication
The report required under subsection (a) shall be published on the respective websites of the Department of State, the Department of Commerce, the Department of Homeland Security, and the United States Geological Survey.
(c)

Appropriate congressional committee defined
In this section, the term “appropriate congressional committees” means—
(1)
the Committee on Natural Resources, the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Homeland Security of the House of Representatives; and
(2)
the Committee on Energy and Natural Resources, the Committee on Foreign Relations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate.
503.

Report on mineral exploration and development in Afghanistan
Section 7002(d)(1) of the Energy Act of 2020 (30 U.S.C. 1606(d)(1)) is amended—
(1)
in subparagraph (A), by striking “and”;
(2)
in subparagraph (B), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:
“(C)
describes the involvement of the Government of the People’s Republic of China, state sponsored enterprises of such Government, and companies incorporated under the laws of such Government in the exploration, planning, development, operation, production, or ownership of mining or processing facilities in Afghanistan with respect to such mineral.”.
504.

Annual review of critical mineral designations
Section 7002(c)(5)(A) of the Energy Act of 2020 (30 U.S.C. 1606(c)(5)(A)) is amended to read as follows:
“(A)

In general
The Secretary, in consultation with the Secretaries of Defense, Commerce, Agriculture, and Energy and the United States Trade Representative, shall review the methodology and list under paragraph (3) and the designations under paragraph (4)—
(i)
at least every 3 years;
(ii)
with respect to a specific mineral, element, substance, or material, after any change in circumstances that has a substantial material effect on a factor described in paragraph (4)(A) relating to such mineral, element, substance, or material if such effect is likely to lead to a change in the listing status of such mineral, element, substance, or material under such paragraph; and
(iii)
more frequently as the Secretary considers to be appropriate.”.
VI

Critical energy resources
601.

Waiver for national security or energy security
(a)

Clean Air Act requirements
If the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy, determines that processing or refining a critical energy resource at a critical energy resource facility is important to the national security or energy security of the United States, then the Administrator may waive application of any requirement, sanction, or fee under the Clean Air Act (42 U.S.C. 7401 et seq.) that the Administrator, in consultation with the Governor of the State in which the critical energy resource facility is located, determines appropriate with respect to the critical energy resource facility.
(b)

Solid Waste Disposal Act
(1)

Hazardous Waste Management
The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by inserting after section 3024 the following:
“3025.

Waivers for critical energy resource facilities
(a)

Determination
If the Administrator, in consultation with the Secretary of Energy, determines that processing or refining a critical energy resource at a critical energy resource facility is important to the national security or energy security of the United States, then the Administrator may, with respect to the critical energy resource facility, waive application of—
(1)
any standard established under section 3002, 3003, or 3004;
(2)
the permit requirement under section 3005; or
(3)
any other requirement of this title, as the Administrator determines appropriate.
(b)

Critical energy resource; critical energy resource facility
The terms critical energy resource and critical energy resource facility have the meanings given such terms in section 608 of the Securing America’s Mineral Supply Chains Act of 2022.”.
(2)

Table of contents
The Solid Waste Disposal Act is amended in the table of contents by inserting after the item relating to section 3024 the following:
“Sec. 3025. Waivers for critical energy resource facilities.”.
602.

Chemical substance review
Section 5(a) of the Toxic Substances Control Act (15 U.S.C. 2604(a)) is amended by adding at the end the following:
“(6)

Critical energy resources
(A)

Standard
For purposes of a determination under paragraph (3) with respect to a chemical substance that is a critical energy resource, the Administrator shall take into consideration costs and other nonrisk factors, notwithstanding any requirement of this section to not take such factors into consideration.
(B)

Failure to render determination
If, with respect to a chemical substance that is a critical energy resource, the Administrator fails to make a determination on a notice under paragraph (3) by the end of the applicable review period and the notice has not been withdrawn by the submitter, the submitter may take the actions described in paragraph (1)(A) with respect to the chemical substance.
(C)

Definition
For purposes of this paragraph, the term critical energy resource has the meaning given that term in section 608 of the Securing America’s Mineral Supply Chains Act of 2022.”.
603.

Interim hazardous waste permits
Section 3005(e)(1)(A) of the Solid Waste Disposal Act (42 U.S.C. 6925(e)(1)(A)) is amended—
(1)
in clause (i), by striking “or” at the end;
(2)
in clause (ii), by inserting “or” after “this section,”; and
(3)
by adding at the end the following:
“(iii)
is a critical energy resource facility (as defined in section 608 of the Securing America’s Mineral Supply Chains Act of 2022),”.
604.

Flexible air permits for critical energy resource facilities
The Administrator of the Environmental Protection Agency shall, as necessary, revise regulations under parts 70 and 71 of title 40, Code of Federal Regulations, to—
(1)
authorize the owner or operator of a critical energy resource facility to utilize flexible air permitting (as described in the final rule titled “Operating Permit Programs; Flexible Air Permitting Rule” published by the Environmental Protection Agency in the Federal Register on October 6, 2009 (74 Fed. Reg. 51418)) with respect to such critical energy resource facility; and
(2)
facilitate flexible, market-responsive operations (as described in the final rule identified in paragraph (1)) with respect to critical energy resource facilities.
605.

Amendment to the Department of Energy Organization Act
The Department of Energy Organization Act (42 U.S.C. 7101 et seq.) is amended—
(1)
in section 2, by adding at the end the following:
“(d)
As used in sections 102(20) and 203(a)(12), the term critical energy resource means any energy resource that—
(1)
is essential to the energy sector and energy systems of the United States; and
(2)
the supply chain of which is vulnerable to disruption.”;
(2)
in section 102, by adding at the end the following:
“(20)
To ensure there is an adequate and reliable supply of critical energy resources that are essential to the energy security of the United States.”; and
(3)
in section 203(a), by adding at the end the following:
“(12)
Functions that relate to securing the supply of critical energy resources, including identifying and mitigating the effects of a disruption of such supply on—
(A)
the development and use of energy technologies; and
(B)
the operation of energy systems.”.
606.

Securing critical energy resource supply chains
In carrying out the requirements of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), the Secretary of Energy, in consultation with the appropriate Federal agencies, representatives of the energy sector, States, and other stakeholders, shall—
(1)
conduct ongoing assessments of—
(A)
energy resource criticality based on the importance of critical energy resources to the development of energy technologies and the supply of energy;
(B)
the critical energy resource supply chain of the United States; and
(C)
the vulnerability of such supply chain;
(2)
strengthen critical energy resource supply chains in the United States, including by—
(A)
diversifying the sources of the supply of critical energy resources; and
(B)
increasing domestic production, separation, and processing of critical energy resources;
(3)
develop substitutes and alternatives to critical energy resources;
(4)
improve technology that reuses and recycles critical energy resources; and
(5)
evaluate how the energy security of the United States is affected by the reliance of the United States on importing critical energy resources.
607.

Programs to restore domestic uranium supply services
(a)

National Strategic Uranium Reserve
(1)

Program
On the date of enactment of this Act, the Secretary shall begin carrying out, using amounts transferred under paragraph (6), a program to operate a national strategic uranium reserve, to ensure the availability of uranium produced and converted in the United States and for other purposes described in paragraph (2), in accordance with this subsection.
(2)

Purposes
The purposes of the Uranium Reserve are—
(A)
to ensure the availability of domestically produced and converted uranium in the event of a supply disruption;
(B)
to address domestic nuclear fuel supply chain gaps and deficiencies in uranium production and conversion; and
(C)
to support strategic nuclear fuel supply chain capabilities in the United States.
(3)

Activities
In operating the Uranium Reserve, the Secretary shall—
(A)
operate the Uranium Reserve in a manner consistent with the recommendations in the document entitled “Restoring America’s Competitive Nuclear Energy Advantage: A Strategy to Assure U.S. National Security”, released by the United States Nuclear Fuel Working Group in 2020;
(B)
acquire uranium produced and converted in the United States for storage in the Uranium Reserve in sufficient amounts to sustain the continued operation of nuclear reactors in the United States in the event of a supply disruption;
(C)
make uranium available from the Uranium Reserve as needed, in a manner consistent with the cost recovery requirements described in paragraph (4); and
(D)
if uranium is made available from the Uranium Reserve under subparagraph (C), replenish the Uranium Reserve in a manner consistent with the requirements of this subsection.
(4)

Cost recovery
(A)

In general
In carrying out activities under this subsection, the Secretary shall ensure that any uranium acquired, provided, or made available through the Uranium Reserve is subject to cost recovery based on the fair market value of the applicable uranium.
(B)

Availability of certain funds
Notwithstanding section 3302 of title 31, United States Code, revenues received from the sale or transfer of uranium and other activities related to making uranium available pursuant to this subsection—
(i)
shall be available to the Department for carrying out the purposes of this subsection, to reduce the need for further appropriations for such purposes; and
(ii)
shall remain available until expended.
(5)

Exclusion
The Secretary shall exclude from the Uranium Reserve uranium from an entity that—
(A)
is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or
(B)
is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China.
(6)

Funding transfer
(A)

In general
Notwithstanding any other provision of law, the amounts described in subparagraph (B) shall be transferred to the Office of Nuclear Energy of the Department for the purpose of carrying out the program described in paragraph (1) by—
(i)
continuing the activities initiated by the Department, including the National Nuclear Security Administration, using the amounts described in the proviso referred to in that subparagraph;
(ii)
carrying out other activities consistent with the purposes for which the amounts described in that proviso were originally made available; and
(iii)
carrying out activities in accordance with this subsection.
(B)

Amounts described
The amounts referred to in subparagraph (A) are the amounts that remain available as of the date of enactment of this Act from the $75,000,000 that shall be used for the Uranium Reserve Program described in the first proviso under the heading “weapons activities” under the heading “National Nuclear Security Administration” under the heading “atomic energy defense activities” in title III of division D of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 1369), that were made available to the Department by that Act.
(C)

Clarification
Subparagraph (A) does not affect any amounts made available to the Department, including the National Nuclear Security Administration, that are not described in the proviso referred to in subparagraph (B).
(b)

Domestic uranium availability
(1)

Establishment
Not later than 60 days after the date of enactment of this Act, the Secretary shall establish and carry out a program (referred to in this subsection as the “program”) to ensure the availability of uranium produced, converted, and enriched in the United States.
(2)

Purposes
The purposes of the program shall be—
(A)
to eliminate reliance on Russian uranium;
(B)
to address domestic nuclear fuel supply chain gaps and deficiencies; and
(C)
to ensure the availability of domestically produced, converted, and enriched uranium to support the continued operation of nuclear reactors in the United States.
(3)

Considerations
In carrying out the program, the Secretary shall consider, and, as appropriate, execute options—
(A)
to establish, through a competitive process, new and, as appropriate, diverse domestic uranium mining, conversion, and enrichment capacity that is needed to replace uranium imported from Russia;
(B)
to activate and expand the American Assured Fuel Supply to meet domestic and international nuclear fuel supply needs;
(C)
to restock the American Assured Fuel Supply, including by utilizing, or merging with, the Uranium Reserve;
(D)
that do not disrupt or replace market mechanisms; and
(E)
that ensure the use of domestic uranium utilized as a result of the program does not negatively impact the economic operation of nuclear reactors in the United States.
(4)

Exclusion
The Secretary shall exclude from the program uranium from an entity that—
(A)
is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or
(B)
is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China.
(c)

Contracts
The Secretary may acquire uranium for the program carried out under subsection (a) or the program carried out under subsection (b) through the use of any—
(1)
competitive selection process that the Secretary determines to be appropriate to achieve the purposes described in subsection (a) or subsection (b) in an expeditious manner; and
(2)
contract or other arrangement of such duration as the Secretary determines to be appropriate to achieve any such purposes.
(d)

USEC Privatization Act
The requirements of section 3112 of the USEC Privatization Act (42 U.S.C. 2297h–10) shall not apply to any activity carried out under the program carried out under subsection (a) or the program carried out under subsection (b).
(e)

Definitions
In this section:
(1)

Department
The term Department means the Department of Energy.
(2)

Secretary
The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Nuclear Energy.
(3)

Uranium Reserve
The term Uranium Reserve means the national strategic uranium reserve operated pursuant to the program described in subsection (a)(1).
608.

Definitions
In this title:
(1)

Critical energy resource
The term critical energy resource has the meaning given such term in section 2(d) of the Department of Energy Organization Act (42 U.S.C. 7101(d)), as added by section 605 of this title.
(2)

Critical energy resource facility
The term critical energy resource facility means a facility that processes or refines a critical energy resource.