[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4521 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4521
To amend title 10, United States Code, to authorize cooperative
partnerships for mineral extraction activities at Army organic
industrial base facilities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2026
Mr. Cruz (for himself and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to authorize cooperative
partnerships for mineral extraction activities at Army organic
industrial base facilities, 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.
This Act may be cited as the ``Army Organic Industrial Base Mineral
Partnerships Act of 2026''.
SEC. 2. COOPERATIVE PARTNERSHIPS BETWEEN THE ARMY AND INDUSTRY FOR
MINERAL EXTRACTION ACTIVITIES AT ARMY ORGANIC INDUSTRIAL
BASE FACILITIES.
Section 7544 of title 10, United States Code, is amended--
(1) in subsection (b), by adding at the end the following:
``(7) Mineral extraction operations and related support
services carried out by a non-Army entity, including the
recovery, processing, or handling of strategic or critical
minerals, using land, facilities, infrastructure, waste
streams, or byproducts under the control of the Army industrial
facility.'';
(2) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively;
(3) by inserting after subsection (h) the following:
``(i) Special Rules for Mineral Extraction.--
``(1) Environmental and other responsibilities.--Mineral
extraction operations authorized under this section under a
contract or cooperative arrangement with a non-Army entity
shall be subject to--
``(A) all applicable Federal, State, and local
environmental laws and regulations, including the
National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) and the Clean Air Act (42 U.S.C. 7401 et
seq.); and
``(B) a requirement that the contract or
cooperative arrangement--
``(i) provide that the non-Army entity
shall be responsible, to the maximum extent
permitted by law, for compliance with all
applicable environmental laws and for any
environmental mitigation, remediation, cleanup,
response, natural resource damages, or other
liability arising from or relating to such
mineral extraction operations, including
contamination discovered after the termination
of the contract or cooperative arrangement and
contamination migrating beyond the boundaries
of the facility involved;
``(ii) require the non-Army entity to
indemnify and hold harmless the United States
for obligations described in clause (i) to the
maximum extent permitted by law; and
``(iii) require the provision of adequate
financial assurance, performance bonding,
insurance, or other financial security
mechanisms sufficient to protect the interests
of the United States in the event of default,
insolvency, or bankruptcy of the non-Army
entity.
``(2) Consideration and compensation.--
``(A) In general.--A contract or cooperative
arrangement entered into under this section with a non-
Army entity that includes mineral extraction operations
shall provide for the receipt by the Army of
consideration that the Secretary of the Army determines
to be reasonable in value, taking into account the
nature and quantity of minerals recovered, the use of
land, facilities, infrastructure, waste streams, or
byproducts of the Army, and the costs and risks assumed
by the non-Army entity.
``(B) Forms of consideration.--Consideration under
subparagraph (A) may include, as determined appropriate
by the Secretary of the Army--
``(i) cash payments;
``(ii) in-kind consideration, including
minerals, processed materials, equipment,
infrastructure improvements, or services;
``(iii) provision of equipment, tooling,
production capability enhancements, or other
industrial process improvements, or other
tangible industrial support that directly
support the mission, sustainment, or
modernization of the organic industrial base of
the Army; or
``(iv) any combination of the consideration
specified under clause (i) through (iii).
``(C) Use of funds.--Except as provided in
subparagraph (E), and subject to applicable law, any
cash amounts received by the Army under subparagraph
(B)(i) may be retained and used, without further
appropriation, for the operation, maintenance,
modernization, environmental remediation, or mission
support of Army industrial facilities.
``(D) Best interest determination.--The Secretary
of the Army shall determine whether any consideration
to be accepted under this paragraph is in the best
interest of the Department of the Army and does not
interfere with missions of the Army.
``(E) Army working capital fund facilities.--
``(i) In general.--In the case of an Army
industrial facility for which operations are
financed through the Army Working Capital Fund
established under section 2208 of this title,
any cash amounts received under subparagraph
(B)(i) shall be credited to the Army Working
Capital Fund, or to the appropriate working
capital fund activity or subaccount, and shall
be available for the purposes of such fund,
consistent with such section 2208.
``(ii) Use of funds.--Notwithstanding
subsections (k) and (o)(2)(A) of section 2208
of this title, amounts credited to the Army
Working Capital Fund under clause (i) may be
used for capital investments, including
military construction projects, directly
supporting facilities of the organic industrial
base of the Army.
``(F) No requirement for competitive sale.--The
provision or receipt of minerals or other consideration
under this paragraph shall not be subject to chapter 5
of title 40 (relating to surplus property) if the
Secretary determines that the contract or cooperative
arrangement under this section is in the best interest
of the Department of the Army.
``(3) Mineral leasing act for acquired lands.--The
requirements of the Mineral Leasing Act for Acquired Lands (30
U.S.C. 351 et seq.) shall not apply to mineral extraction
operations authorized under this section.
``(4) Rules of construction.--Nothing in this section shall
be construed--
``(A) to authorize an Army industrial facility, or
any personnel of the Army, to directly engage in
mineral extraction, drilling, or mining operations; or
``(B) to modify, supersede, or otherwise affect any
existing contractual or administrative agreements
between Federal agencies or between the United States
and any non-governmental entity regarding subsurface
rights.
``(5) Annual report.--Not later than one year after the
date of the enactment of the Army Organic Industrial Base
Mineral Partnerships Act of 2026, and annually thereafter, the
Secretary of the Army shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report that--
``(A) identifies the number of contracts or
cooperative arrangements entered into under this
section that include mineral extraction operations; and
``(B) describes, in general terms, the types of
strategic or critical minerals covered by such
contracts or arrangements.''; and
(4) in subsection (k), as redesignated by paragraph (2), by
adding at the end the following:
``(6) The term `mineral extraction operations' means the
removal, recovery, processing, or handling of minerals, and
related support activities necessary to produce minerals from
land, water, facilities, waste streams, or byproducts under the
control of an Army industrial facility, including solid
minerals, brines, and other naturally occurring mineral
resources, and including associated infrastructure and
environmental mitigation.
``(7) The term `strategic or critical mineral' has the
meaning given the term `strategic and critical materials' in
section 12 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h-3) and includes rare earth elements,
lithium, titanium, nickel, and other minerals determined by the
Secretary of the Army to be essential to national defense,
energy security, or advanced manufacturing.
``(8) The term `under the control of an Army industrial
facility' means real property, facilities, infrastructure,
waste streams, byproducts, or other resources that are under
the administrative jurisdiction of the Secretary of the Army,
including property assigned to a facility of the organic
industrial base of the Army, and includes property subject to
leases, licenses, permits, or other use agreements administered
by the Secretary of the Army.''.
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