[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2965 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2965

  To establish a critical mineral environmental processing and mining 
                cleanup program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 28 (legislative day, September 22), 2023

   Mr. Wyden introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To establish a critical mineral environmental processing and mining 
                cleanup program, 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. CRITICAL MINERAL ENVIRONMENTAL PROCESSING AND MINING CLEANUP 
              PROGRAM.

    (a) Definitions.--In this section:
            (1) Critical mineral.--The term ``critical mineral'' has 
        the meaning given the term in section 7002(a) of the Energy Act 
        of 2020 (30 U.S.C. 1606(a)).
            (2) Eligible entity.--The term ``eligible entity'' means an 
        entity engaged in or intending to engage in--
                    (A) the mining or manufacturing of critical 
                minerals or the reprocessing or recycling of mine 
                tailings, smelter or refinery slags, or residues; or
                    (B) any other value-added, mining-related, 
                manufacturing-related, or processing-related use of 
                critical minerals undertaken within the United States.
            (3) Eligible mineral.--The term ``eligible mineral'' means 
        each of the minerals identified by the Secretary under 
        subsection (b)(2)(A).
            (4) Manufacture.--The term ``manufacture'', with respect to 
        a mineral, means to process, refine, alloy, separate, smelt, 
        concentrate, or beneficiate the mineral.
            (5) Program.--The term ``program'' means the competitive 
        grant program established under subsection (b)(1).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Program Establishment.--
            (1) In general.--The Secretary shall establish a program to 
        award competitive grants to eligible entities for the 
        manufacturing of eligible minerals.
            (2) Determination; identification.--
                    (A) Eligible minerals.--Not later than 1 year after 
                the date of enactment of this Act, the Secretary, in 
                coordination with the National Economic Council, shall 
                identify as eligible minerals--
                            (i) the 10 critical minerals that are the 
                        most critical for manufacturing and energy 
                        independence; and
                            (ii) the 10 minerals that are the most 
                        critical to the United States to reduce energy 
                        dependence on mineral imports.
                    (B) Suitable locations.--
                            (i) In general.--The Secretary shall 
                        identify Federal and non-Federal land for which 
                        it is economically feasible and environmentally 
                        sound to mine the eligible minerals.
                            (ii) Requirement.--The Secretary shall 
                        establish for each suitable location identified 
                        under clause (i) a mitigation plan to combat 
                        environmental and health risks posed by the 
                        mining and manufacturing of eligible minerals 
                        to--
                                    (I) federally recognized Indian 
                                Tribes;
                                    (II) communities at risk of 
                                pollution from mining activities; and
                                    (III) clean drinking water sources.
                    (C) No duplication of efforts.--To the maximum 
                extent practicable, in carrying out subparagraphs (A) 
                and (B), the Secretary shall use existing analyses of 
                the Department of the Interior, including the United 
                States Geological Survey.
            (3) Selection.--
                    (A) Applications.--An eligible entity seeking a 
                grant under the program shall submit to the Secretary 
                an application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
                    (B) Selection criteria.--In awarding grants under 
                the program, the Secretary shall only award grants to 
                eligible entities that--
                            (i) have documented interests in 
                        constructing, expanding, or modernizing 
                        facilities that carry out an activity or use 
                        described in subparagraph (A) or (B) of 
                        subsection (a)(2); and
                            (ii) demonstrate strong labor protections, 
                        including prevailing wage requirements.
            (4) Use of funds.--A grant under the program may be used 
        for the environmental assessment, processing, mitigation, and 
        cleanup necessary to mine or manufacture eligible minerals on 
        the Federal and non-Federal land identified under paragraph 
        (2)(B)(i).
            (5) Environmental laws.--In carrying out activities using a 
        grant under the program, an eligible entity shall comply with--
                    (A) all applicable environmental laws (including 
                regulations); and
                    (B) any other environmental standards determined to 
                be necessary by the Secretary.
            (6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the program $10,000,000 for 
        each of fiscal years 2024 through 2029.
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