[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]
H.R. 2685; H.R. 3883; AND H.R. ____,
``COMMUNITY RECLAMATION PARTNERSHIPS ACT''
=======================================================================
LEGISLATIVE HEARING
BEFORE THE
SUBCOMMITTEE ON ENERGY AND
MINERAL RESOURCES
OF THE
COMMITTEE ON NATURAL RESOURCES
U.S. HOUSE OF REPRESENTATIVES
ONE HUNDRED EIGHTEENTH CONGRESS
FIRST SESSION
__________
Wednesday, June 14, 2023
__________
Serial No. 118-37
__________
Printed for the use of the Committee on Natural Resources
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
or
Committee address: http://naturalresources.house.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
52-523 PDF WASHINGTON : 2023
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COMMITTEE ON NATURAL RESOURCES
BRUCE WESTERMAN, AR, Chairman
DOUG LAMBORN, CO, Vice Chairman
RAUL M. GRIJALVA, AZ, Ranking Member
Doug Lamborn, CO
Robert J. Wittman, VA
Tom McClintock, CA
Paul Gosar, AZ
Garret Graves, LA
Aumua Amata C. Radewagen, AS
Doug LaMalfa, CA
Daniel Webster, FL
Jenniffer Gonzalez-Colon, PR
Russ Fulcher, ID
Pete Stauber, MN
John R. Curtis, UT
Tom Tiffany, WI
Jerry Carl, AL
Matt Rosendale, MT
Lauren Boebert, CO
Cliff Bentz, OR
Jen Kiggans, VA
Jim Moylan, GU
Wesley P. Hunt, TX
Mike Collins, GA
Anna Paulina Luna, FL
John Duarte, CA
Harriet M. Hageman, WY
Grace F. Napolitano, CA
Gregorio Kilili Camacho Sablan,
CNMI
Jared Huffman, CA
Ruben Gallego, AZ
Joe Neguse, CO
Mike Levin, CA
Katie Porter, CA
Teresa Leger Fernandez, NM
Melanie A. Stansbury, NM
Mary Sattler Peltola, AK
Alexandria Ocasio-Cortez, NY
Kevin Mullin, CA
Val T. Hoyle, OR
Sydney Kamlager-Dove, CA
Seth Magaziner, RI
Nydia M. Velazquez, NY
Ed Case, HI
Debbie Dingell, MI
Susie Lee, NV
Vivian Moeglein, Staff Director
Tom Connally, Chief Counsel
Lora Snyder, Democratic Staff Director
http://naturalresources.house.gov
------
SUBCOMMITTEE ON ENERGY AND MINERAL RESOURCES
PETE STAUBER, MN, Chairman
WESLEY P. HUNT, TX, Vice Chair
ALEXANDRIA OCASIO-CORTEZ, NY, Ranking Member
Doug Lamborn, CO Jared Huffman, CA
Robert J. Wittman, VA Kevin Mullin, CA
Paul Gosar, AZ Sydney Kamlager-Dove, CA
Garret Graves, LA Seth Magaziner, RI
Daniel Webster, FL Nydia M. Velazquez, NY
Russ Fulcher, ID Debbie Dingell, MI
John R. Curtis, UT Raul M. Grijalva, AZ
Tom Tiffany, WI Grace F. Napolitano, CA
Matt Rosendale, MT Susie Lee, NV
Lauren Boebert, CO Vacancy
Wesley P. Hunt, TX Vacancy
Mike Collins, GA
John Duarte, CA
Bruce Westerman, AR, ex officio
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CONTENTS
----------
Page
Hearing held on Wednesday, June 14, 2023......................... 1
Statement of Members:
Stauber, Hon. Pete, a Representative in Congress from the
State of Minnesota......................................... 2
Ocasio-Cortez, Hon. Alexandria, a Representative in Congress
from the State of New York................................. 7
Panel I:
.............................................................
Amodei, Hon. Mark E., a Representative in Congress from the
State of Nevada............................................ 3
Prepared statement of.................................... 5
Owens, Hon. Burgess, a Representative in Congress from the
State of Utah.............................................. 9
Prepared statement of.................................... 10
Statement of Witnesses:
Panel II:
.............................................................
Copan, Walter G., Ph.D., Vice President for Research and
Technology Transfer, Colorado School of Mines, Golden,
Colorado................................................... 11
Prepared statement of.................................... 13
Wood, Christopher, President and Chief Executive Officer,
Trout Unlimited, Arlington, Virginia....................... 19
Prepared statement of.................................... 21
Hammond, Emily, Vice Provost for Faculty Affairs, Glen Earl
Weston Research Professor, George Washington University
School of Law, Washington, DC.............................. 24
Prepared statement of.................................... 26
Moore, Kevin, Chairman and Chief Financial Officer, 3 Proton
Lithium (3PL), Carson City, Nevada......................... 28
Prepared statement of.................................... 30
Additional Materials Submitted for the Record:
Submissions for the Record by Representative Stauber
National Mining Association, Statement of Support for
H.R. 2685.............................................. 40
Wall Street Journal, Article titled, `War for Talent' at
Mines Could Drive Up Cost of Energy Transition, dated
June 8, 2023........................................... 41
Submissions for the Record by Representative Amodei
Office of the Nye County Manager, Letter of Support for
H.R. 3883.............................................. 43
Submissions for the Record by Representative Ocasio-Cortez
National Oceanic and Atmosphere Administration, Letter
dated November 14, 2022 to the Department of the
Interior............................................... 45
Planet Labs Inc., Letter dated July 22, 2022 to NASA..... 46
U.S. Geological Survey, Memorandum dated October 31, 2022
to Bureau of Land Management........................... 50
LEGISLATIVE HEARING ON H.R. 2685, TO REQUIRE THE SECRETARY OF ENERGY TO
PROVIDE TECHNOLOGY GRANTS TO STRENGTHEN DOMESTIC MINING EDUCATION, AND
FOR OTHER PURPOSES, ``MINING SCHOOLS ACT OF 2023''; H.R. 3883, TO
NULLIFY PUBLIC LAND ORDER NO. 7921, WITHDRAWING CERTAIN LAND IN THE
RAILROAD VALLEY OF NYE COUNTY, NEVADA, FROM MINERAL ENTRY; AND H.R.
____, TO AMEND THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977
TO AUTHORIZE PARTNERSHIPS BETWEEN STATES AND NONGOVERNMENTAL ENTITIES
FOR THE PURPOSE OF RECLAIMING AND RESTORING LAND AND WATER RESOURCES
ADVERSELY AFFECTED BY COAL MINING ACTIVITIES BEFORE AUGUST 3, 1977, AND
FOR OTHER PURPOSES, ``COMMUNITY RECLAMATION PARTNERSHIPS ACT''
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Wednesday, June 14, 2023
U.S. House of Representatives
Subcommittee on Energy and Mineral Resources
Committee on Natural Resources
Washington, DC
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The Subcommittee met, pursuant to notice, at 1:34 p.m., in
Room 1334, Longworth House Office Building, Hon. Pete Stauber
[Chairman of the Subcommittee] presiding.
Present: Representatives Stauber, Gosar, Rosendale; Ocasio-
Cortez, Kamlager-Dove, Magaziner, and Dingell.
Also present: Representatives Amodei, LaHood, and Owens.
Mr. Stauber. The Subcommittee on Energy and Mineral
Resources will come to order.
Without objection, the Chair is authorized to declare a
recess of the Subcommittee at any time.
Under Committee Rule 4(f), any oral opening statements at
hearings are limited to the Chairman and the Ranking Minority
Member.
I ask unanimous consent that the gentleman from Nevada, Mr.
Amodei; the gentleman from Illinois, Mr. LaHood; and the
gentleman from Utah, Mr. Owens, be allowed to participate in
today's hearing.
I now recognize myself for an opening statement.
STATEMENT OF THE HON. PETE STAUBER, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF MINNESOTA
Mr. Stauber. Today, the Subcommittee on Energy and Mineral
Resources will discuss three pieces of legislation related to
different aspects of the mining sector in the United States.
First, we have the Mining Schools Act of 2023, sponsored by
Representative Owens. This bipartisan bill would create a grant
program for U.S. mining schools to support educational programs
in mining and related fields.
There is a serious need to strengthen our mining workforce,
as retirements in this country are currently outpacing the
graduation rate. According to the Wall Street Journal article
published just last week, ``the mining workforce has shrunk by
39 percent since 1990.'' This severe labor shortage will drive
up prices for dozens of mineral commodities needed for defense,
consumer electronics, and virtually all other high-tech
devices.
During the past academic year, there were only 600 students
enrolled in accredited undergraduate and graduate mining
programs in the United States. During that same time, China had
over 1.4 million students enrolled. If we don't take swift
action to reverse this trend, there will be no way for
American-made mineral supply chains to meaningfully compete on
our world stage. This bill is an important step in getting us
back to where we need to be.
We will consider a discussion draft of the Community
Reclamation Partnerships Act, sponsored by Representative
LaHood. This common-sense bill would allow third-party
organizations to help clean up coal mines that were abandoned
before modern environmental regulations. The bill would grant
these groups protection from liability, so they can assist in
the cleanup of acid mine drainage without fear of frivolous
lawsuits.
The Community Reclamation Partnerships Act has been moved
through this Committee for the last three Congresses, and
passed the House in the 115th. This hearing is on a discussion
draft to allow ongoing conversations between both sides of the
aisle. I hope to continue to work on a bipartisan basis on this
important legislation.
Finally, we have Representative Amodei's H.R. 3883, which
nullifies an administrative withdrawal imposed by the Biden
administration in Nye County, Nevada. This decision removed
nearly 23,000 acres from mineral development, affecting
hundreds of existing mine claims, as well as current oil and
gas production in the area.
The area in question is rich in multiple mineral
commodities needed for this Administration's renewable energy
goals, including lithium, magnesium, and boron. We will hear
from a lithium operator today about how this withdrawal
severely handicaps development in this high-potential area.
Further, this withdrawal was developed without sufficiently
considering potential impacts on local communities. In fact,
when Nye County asked to be a cooperating agency in the NEPA
review process, they were flat-out denied.
I know very well the frustrations and concerns of those
affected by unilateral mineral withdrawals, as this same
Administration took over 225,000 acres of copper, nickel,
cobalt, and platinum-rich lands off the table in my home state
of Minnesota. We must fully understand the impacts of these
decisions, and I look forward to the discussions today.
I want to thank the witnesses for taking the time to be
here, including our Member panel, in order to discuss these
important pieces of mining legislation.
Because the Ranking Member is not here yet, we are going to
recognize Mr. Amodei first, and then we are going to go to Mr.
Rosendale.
Mr. Amodei.
STATEMENT OF THE HON. MARK E. AMODEI, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF NEVADA
Mr. Amodei. Thank you, Mr. Chairman and to the folks on the
minority staff for your graciousness in allowing me to present
today.
H.R. 3883 is not about somebody should have said yes or
anything else like that. It is about hypocrisy. It is about
repudiating the NEPA process. We are here with this piece of
legislation because when a Federal agency says, ``We want to
withdraw not a little bit, but a lot of land,'' then there is a
process, and it is NEPA. And I know, for the people that are
here it is like, oh my God, somebody who is a Republican is
saying NEPA is a good thing. It is like NEPA is a good thing,
because it provides due process and transparency in decisions
we make about resources and land use.
This NEPA process never got a chance to work out. Why?
Because when this application was put in, there were people
like the local planning and zoning authorities for Nye County,
where Railroad Valley is located, who said, ``We would like to
be a cooperating agency.'' Everybody here knows cooperating
agency doesn't allow you to dictate the terms of whether
something is approved or denied, but it allows you an official
seat at the table.
Answer from NASA to Nye County: ``No.''
So, my office intervened and said, ``Hey, NASA, come on, it
is the county where it is located. They ought to be able to
have a say.''
``No.''
So, we convened another meeting with the BLM State
Director, the agency to whom NASA applied to, and the District
Director where Railroad Valley is located, and said, ``Hey,
come on, NASA, it is OK. They can't veto your project, but this
allows everybody a chance to talk about it.''
``No.''
So, I said, ``OK, NASA, as the Member whose district it is
in, and a Member of the Delegation whose state it is in, and as
a member of the Appropriations Committee, which has a little
say about your budget, make me a cooperating agency.''
And I will tell you what, those folks with the right stuff,
they are absolutely the rock of consistency. ``Amodei, no.''
Oh, and it wasn't just Amodei. It is not Republicans and
Democrats. We had people from both sides of the aisle, Nevada
Delegation, the whole Senate Delegation, all of them, write a
letter and say, ``Hey, please, please make Nye County a
cooperating agency for NEPA purposes.''
The rock of consistency comes through again. ``Thank you
for your input, Nevada Delegation, Republicans, Democrats, both
Houses of the Congress. No.''
So, we basically, and listen, if they would have said yes
to Nye County's request to be a cooperating agency in the NEPA
process, we would have declared victory and moved on. But now
that they have told the whole State Delegation, ``We don't want
your input, we don't want you to be a cooperating agency, and
we don't want the local planning and authority to be a
cooperating agency, we just want to go ahead and have our stuff
evaluated and let the Secretary of the Interior decide,'' then
we find out, what is so special here?
So, I asked him, I say, ``I want a field demonstration. How
are you tracking satellites in Railroad Valley?'' Fair enough.
They sent somebody from DC out, and from the Jet Propulsion Lab
over the hill in Pasadena, California, Palo Alto, or wherever
it is. We meet out in Railroad Valley, which is a place that
doesn't have a lot of people in it, and the footprint of their
operation is about the size of this room. Fine.
But it is like, so how is this going to hurt you? ``This
valley's playa, which the Valley is much bigger, this valley's
playa is so unique, reflectively, that we need that to track
satellites.''
Like, OK, and by the way, we had the BLM State Director and
the District Director out there at the meeting, and said, ``OK,
these folks that want to try to,'' oh, by the way, here is the
other part, lithium, kind of an important mineral if you are
talking about no carbon, Green New Deal, all those sorts of
things, ``What if we can submit a plan where we extract this?''
Because as you will hear from the 3PL people when they
testify, hey, we are looking for something that is 1,000 feet
down in a brine, which means liquid. You don't need to build an
open pit for it. You don't need to do old technology, which
means flooding hundreds of acres and letting water evaporate,
and then you mine the salts or whatever. It is like we want to
go down 1,000 feet, we want to get that liquid to the surface,
and take it, and do their extraction process.
So, minimal disturbance to the surface for NASA's purposes,
i.e. bottom line, NASA, if they can prove, through a NEPA
process when they submit their plan of operation that we are
not going to affect the surface of that playa at all, no harm,
no foul.
Oh, and by the way, if they can't prove that, then the NEPA
process ought to tell them no, rightfully so.
So, have that meeting. Hey, we think that they ought to at
least--make no mistake, Mr. Chairman, Madam Ranking Member,
this is about access to NEPA to mine lithium, which is
something that this Administration has said, hey, if this
technology allows us to do less carbon and get away from other
things and battery technology, so we are like, give them a
chance. Give them a chance.
But by granting this land order, they don't even get to try
that, unless they go through a minerals exam. I don't need to
tell this Committee there is like five examiners in the country
right now. Not exactly a snappy thing.
So, we are sitting here going, we have some folks who
granting this landowner effectively says you can't try to go
through NEPA and prove that your plan is one that does nothing
to alter the surface in any way, shape, or form.
Did I mention there are 14 oil wells in the playa? Not that
they are big production, Middle East-type stuff, but it is like
you can do multiple use. And if these folks' proposal, if we
ever got to see it, says it doesn't alter, it doesn't affect
NASA's mission whatsoever, why not? Nope. Request granted.
Therefore, you don't even get a try. But it is subject to valid
and existing claims, so you can go through a minerals exam.
And if you win that, too--the point is, at a time when we
are trying to access important rare earths and clean energy
materials, if it is possible to do it in a responsible way, why
wouldn't you give them a chance? And if NEPA says no, then
fine.
So, the risk to NASA, by not granting this, we submit, was
zero. But you know what? We will never get to know. I mean, who
knows when they will be done with the minerals examination
process at DOI.
So, that is why we have this bill. That is why we brought
it to say this is about, hey, can they have a chance to try to
go through the recognized, transparent due process of NEPA?
So, I thank you for your consideration. We are happy today
or any time after that to follow up in terms of if you have
questions.
And with that, Mr. Chairman, thank you for your
graciousness. I will stand for questions.
[The prepared statement of Mr. Amodei follows:]
Prepared Statement of the Hon. Mark Amodei, a Representative in
Congress from the State of Nevada
on H.R. 3883, To nullify Public Land Order No. 7921, withdrawing
certain land in the Railroad Valley of Nye County, Nevada, from mineral
entry
Background:
On April 27, 2023, the Department of the Interior approved the
withdrawal of 22,684.07 acres within Railroad Valley Public Land Order
No. 7921 (88 Fed. Reg. 25682), taking effect that same day. I
subsequently introduced H.R. 3883--``To nullify Public Land Order No.
7921, withdrawing certain land in the Railroad Valley of Nye County,
Nevada, from mineral entry'' on June 7, 2023.
Initiation of Issue:
In December 2021, Rick Spees (representing Nye County) reached out
regarding a proposal NASA had made to withdraw approx. 22,684 acres of
BLM land in the Railroad Valley of Nye County for 20 years.
As the lead agency in the NEPA process, NASA included BLM as a
cooperating agency. However, they continuously refused to include Nye
County as a cooperating agency.
Rick Spees and Nye County had a follow up meeting with NASA in
January 2022. Rick said that it was unproductive and NSAS still is not
willing to really engage with the County. Instead of including the
County as a cooperating agency, NASA gave them ``early stakeholder''
status.
Correspondence with NASA:
4/29/2021--NASA applied for a mineral withdrawal of approximately
22,995 acres in Railroad Valley, Nevada, located in Nye County.
7/20/2021--Nye County requested to be included as a cooperating
agency in the subsequent National Environmental Policy Act (NEPA)
process, which NASA subsequently denied.
1/7/2022--Representatives Mark Amodei, Steven Horsford, and
Senators Cortez Masto and Rosen sent a letter to NASA reiterating Nye
County's request to be a cooperating agency, which was once again
denied.
The first call with NASA regarding the issue was on 1/21/2022,
where I asked Dr. Karen St. Germain (NASA Earth Science Division
Director) to reconsider NASA's decision to exclude Nye County as a
Cooperating Agency.
I had a follow up call with Dr. St. Germaine on 2/3/2022, where she
doubled down that Nye County would not be given Cooperating Agency
status, and therefore asked that our office instead be made a
cooperating agency. This request was followed up with a letter we sent
on 3/17/2022, which NASA ultimately declined on 5/18/2022.
I sent a follow up letter expressing my disappointment to NASA
Administrator Bill Nelson on 5/19/2022.
I also sent a public comment letter to NASA on 7/21/2022,
reiterating our concerns and requesting it be included in the official
record for the withdrawal's EA.
4/4/2023--I sent final letter to Secretary Haaland expressing
concerns with the proposed withdrawal.
4/27/2023--DOI approved the withdrawal of 22,684.07 acres within
Railroad Valley Public Land Order No. 7921 (88 Fed. Reg. 25682), taking
effect that same day.
3PL Involvement:
3PL Operating is an Oklahoma-based corporation, held privately, and
formed in 2017. The company specifically explores and develops
locatable minerals, and lithium is a primary target.
Their earth mineral scientists dominate the workforce and
collectively have 200 years of prior work experience with major
companies.
In 2017, 3PL filed for the largest mining claim block yet assembled
in the State of Nevada, in Railroad Valley. This acquisition followed
several years of research in the western USA studying basin
development, stratigraphy, and lithium concentration processes.
3PL has 1,796 claims, partially within the land segregated by the
BLM for withdrawal pursuant to the NASA's request.
3PL has drilled one well on its claims but there are 38 existing
oil wells on 3PL claims that have public information regarding
lithology and geology that have be used to help define geologic
properties of the area. 3PL used this data for its inferred resource
report.
Lithium and Other Mineral Potential in Railroad Valley:
According to 3PL, the best mineral description of Railroad Valley
is essentially that of a ``bathtub'' for the Great Basin, which is why
this unique super-brine was deposited with its mineral-rich complex in
a concentrated area.
While there are others that are claiming to have found significant
amounts of lithium and other materials in the US, and in particular
Nevada, the mineralology of this project is unparalleled due to its
unique geological history.
Comparable to deposits in South America and China, this is one of
the world's largest reserves of lithium, and a strategic mineral
critical for electric vehicle and battery storage development in the
United States.
3PL's geologic team has conservatively estimated that over 25
million tons of lithium carbonate equivalent (LCE) are recoverable in
the brines and salts.
This lithium resource is significantly larger than other identified
projects in North America that are mostly in clays and hard rock.
There is also a presence of Rare Earth Elements (Neodymium,
Praseodymium, Gadolinium) found in concentrations that far exceed what
is normally found in the earth's depositional structure:
These minerals are all very rare and 99% imported from
China and other unstable and risky sources.
China's near monopoly control over global rare earth elements
(REEs) supply and reserves has created a huge vulnerability for the US.
US reliance on REE and critical mineral imports has made
it a priority for US federal agencies to take actions to
secure and strengthen the domestic supply chain--Executive
Orders 13817, 13953 and 14017, as well as the recently
passed Inflation Reduction Act.
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Mr. Stauber. Yes, thank you, Mr. Amodei, and it is a very
similar blueprint that happened in northeastern Minnesota, the
biggest copper nickel find in the world. There were 223,000
acres taken off without even an EIS. So, very similar decisions
coming out of this Administration.
I now want to welcome the Ranking Member, Representative
Ocasio-Cortez, who will give us her opening statement.
STATEMENT OF THE HON. ALEXANDRIA OCASIO-CORTEZ, A
REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK
Ms. Ocasio-Cortez. Thank you so much, Chairman. Today, we
are discussing three bills relating to mining and mine
reclamation.
First, the Community Reclamation Partnerships Act would
make it easier for community groups to clean up or reclaim
abandoned coal mines that leach toxic pollution into the
environment and threaten public health. This bill would allow
Good Samaritans to use their own funds and do what they can to
help clean up abandoned mines without having to take full legal
responsibility for the toxic mess created by mining companies.
I do believe this is a positive step toward addressing coal
mining's harmful legacy that will build on funds appropriated
through the Infrastructure Investments and Jobs Act to clean up
and reclaim abandoned mine lands. That said, there are some
aspects to this legislation that I would like to note.
The legislation does include waivers to clean water
standards that are potentially troubling. Specifically, these
waivers for community reclaimers could potentially be misused
by mining companies with poor practices, certain mining
companies with poor practices posing as community reclaimers
who are really only hoping to profit off of remining old mine
waste without complying with the law.
I do hope to work with my colleagues across the aisle to
make sure we potentially address any potential loopholes around
reclamation. But that said, this is a positive step toward
addressing coal mining's harmful legacy.
Second, H.R. 2685, the Mining Schools Act of 2023, creates
a new grant program for mining schools to train students across
the country with the growing focus on minerals needed for the
energy transition.
I agree that the workforce must be qualified and empowered
to create a safer, more sustainable industry. For this, I would
like to see a greater emphasis on studying reclamation,
recycling, and mitigating community and environmental impacts.
As I mentioned, we must be taking a whole-of-supply-chain
approach to how we manage our mineral resources in this country
in order to reduce harms.
I would also like to see labor provisions such as
eligibility for union-associated training programs and greater
workforce protections so that we don't end up with a new black
lung epidemic.
The last bill on the agenda, H.R. 3883, would nullify a
mineral withdrawal in Railroad Valley, Nevada. Earlier this
year, the Bureau of Land Management and NASA finalized a
mineral withdrawal in Nye County to protect land essential to
NASA's operations. This land is unique. It is the only location
in the United States that NASA and many other satellite
operators can use to calibrate their satellites. If the surface
of this land were disturbed, all the satellite imaging that
public and private users rely on for important science and
decision-making would become essentially out of focus. It would
make our satellites like a nearsighted person trying to drive
with no glasses and a shattered windshield: not something we
want to trust for our critical data.
NASA and BLM followed the NEPA process to conduct this
mineral withdrawal by collecting public input and considering
other land uses. We know there are lithium claims in and around
this withdrawal area, and it is still possible for a company to
develop these resources. But as with any withdrawal, valid
existing rights must be honored, communities must be consulted,
and a mining proposal on this land should demonstrate that it
would not interfere with NASA's use.
This site is also essential to USGS, NOAA, and private
companies like Planet Labs, which provides commercially
available satellite data. I ask for unanimous consent to enter
their public comments supporting the withdrawal into the
record.
Fundamentally, I look forward to working with all of my
colleagues to ensure a safer, more sustainable mining industry,
with meaningful protections for our communities, the
environment, and our most special places. We need meaningful
tribal consultation, and a whole-of-supply-chain, whole-of-
government approach to reducing consumption and boosting
mineral reuse and recycling, as well. We need thorough
reclamation to ensure communities aren't left with the
environmental or economic burden of mine waste or pollution.
I am happy to work across the aisle to address these
challenges together, where possible. I look forward to hearing
from today's witnesses and continuing these crucial
discussions.
And before I yield back, as I am sure my colleagues are
aware, we have a very unexpected and tight timeline on our
hearing today. And to that end, I ask all of my colleagues on
the Committee to submit their questions to the record as
necessary to ensure we collect as much information as needed to
evaluate these legislative proposals.
Thank you, and I yield back.
Mr. Stauber. Thank you very much. Now we are going to
recognize Mr. Burgess Owens from the 4th District of Utah for 5
minutes.
STATEMENT OF THE HON. BURGESS OWENS, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF UTAH
Mr. Owens. Chairman Stauber and Ranking Member Ocasio-
Cortez, thank you for allowing me to come to your Subcommittee
hearing to briefly talk about my bipartisan bill, H.R. 2685,
the Mining Schools Act of 2023.
Dr. Copan, thank you for offering to speak on behalf of
this important legislation.
At a time when a strong mining workforce is needed more
than ever, our mining workforce is dwindling. Many of America's
miners are retiring, and there aren't enough students to make
up for these losses, making finding qualified mining engineers
and geologists a great challenge.
Unfortunately, in 2018 and 2019, graduation rates for
university and college mining and geological programs dropped
by over 21 percent, signaling a big loss of and a risk to our
domestic supply chain, economic and national security, and the
future of American mining.
Right now, there are roughly 600 students currently
enrolled in mining programs across 11 colleges and
universities, including the University of Utah School of Mining
and Engineering in my home state. Compare this to China's 1.4
million students in similar programs. We can't compete on a
global scale if we don't strengthen these programs. That is why
I introduced the Mining Schools Act to create a grant program
to recruit students and carry out important programs dedicated
to production of minerals.
It would also establish a Mining Professional Development
Advisory Board to evaluate the applications and recommend
recipients. This is crucial to building our economy and re-
establishing a domestic energy independence.
My home district is the home of Kennecott Copper Mines, the
largest excavation open mine, copper mine in the world. At the
end of the day, we would be working to secure America's energy
security and national security. Mining is a major priority for
my district and many communities nationwide, and I will
continue fighting to ensure this important bill becomes law.
Thank you again for allowing me to speak on this very
important topic, and I appreciate your support.
[The prepared statement of Mr. Owens follows:]
Prepared Statement of the Hon. Burgess Owens, a Representative in
Congress from the State of Utah
on H.R. 2685, ``Mining Schools Act of 2023''
Chairmen Stauber, Ranking Member Ocasio-Cortez, thank you for
allowing me to come to your Subcommittee hearing today to briefly talk
about my bipartisan bill, H.R. 2685, the Mining Schools Act of 2023.
Dr. Copan, thank you for offering to speak on behalf of this
important legislation.
At a time when a strong mining workforce is needed more than ever,
our mining workforce is dwindling. Many of America's miners are
retiring and there aren't enough students to make up for these losses .
. . making finding qualified Mining Engineers and Geologists a big
challenge.
Unfortunately, in 2018 and 2019, graduation rates for university
and college mining and geological programs dropped by over 21%,
signaling a big risk for our domestic supply chain, economic and
national security, and the future of American mining.
Right now, there are roughly 600 students currently enrolled in
mining programs across 11 colleges and universities, including the
University of Utah School of Mining and Engineering in my home state.
Compare this to China's 1.4 million students in similar programs. We
can't compete on a global scale if we don't strengthen these programs.
That's why I introduced the Mining Schools Act . . . to create a
grant program to recruit students and carry out important programs
dedicated to the production of minerals.
It would also establish the Mining Professional Development
Advisory Board to evaluate applications and recommend recipients. This
is crucial to building our economy and re-establishing domestic energy
independence.
My district is home to Kennecott Copper Mine, the largest
excavation and open-pit copper mine in the world.
At the end of the day, we should be working to secure America's
energy security and national security.
Mining is a major priority for my district and many communities
nationwide, and I'll continue fighting to ensure this important bill
becomes law.
Thank you, again, for allowing me to speak during this important
hearing, and I appreciate your support.
______
Mr. Stauber. Thank you, Mr. Owens. And the 14 mine schools
that are left, I just really appreciate you with your forward-
thinking on recruiting the best and the brightest to come into
the field.
The Subcommittee will now move into our second panel of
witnesses to speak on the legislation before us today. I will
now introduce our panel.
Dr. Walter Copan is Vice President for Research and
Technology Transfer at the Colorado Schools of Mines in Golden,
Colorado; Mr. Christopher Wood is President and Chief Executive
Officer of Trout Unlimited, based in Arlington, Virginia;
Professor Emily Hammond is Vice Provost for the Faculty Affairs
and the Glen Earl Weston Research Professor at the George
Washington University School of Law, right here in Washington,
DC; and Mr. Kevin Moore is Chairman and Chief Financial Officer
of 3 Proton Lithium, based in Carson City, Nevada.
I now recognize Dr. Walter Copan for 5 minutes.
Dr. Copan.
STATEMENT OF WALTER G. COPAN, PH.D., VICE PRESIDENT FOR
RESEARCH AND TECHNOLOGY TRANSFER, COLORADO SCHOOL OF MINES,
GOLDEN, COLORADO
Dr. Copan. Thank you so much, Chairman Stauber, Ranking
Member Ocasio-Cortez, members of this Committee, and
distinguished participants. It is a privilege to testify on
this subject crucial to the future of the U.S. mining and
materials sectors, impacting the future of energy, our economic
competitiveness, and national security.
I have recently served our nation as Director of the
National Institute of Standards and Technology, NIST, and prior
with two of the U.S. Department of Energy laboratories. It is
my honor currently to lead research and technology transfer at
Colorado School of Mines, affectionately known as ``Mines.''
Mines is ranked in the top tier of U.S. research
universities by the Carnegie R1 classification, recently rated
in the top three engineering programs in the nation, overall.
Mines is the No. 1 rated university in the world for mineral
and mining engineering, a comprehensive program with the
nation's only mineral economics and space resources majors. No
other university in the world has this breadth. I am proud that
this university can be an authoritative resource to Congress.
Mining is critical to obtain the minerals and materials we
rely upon for the products of our economy, from buildings,
roads, vehicles, energy systems, and industrial infrastructure,
to computers, the Internet, mobile phones, and to the new
quantum devices just entering the market. Minerals underpin
every sector within our economy.
As our nation and the world look to our shared energy
future, for electric power, energy storage, and the
environment, we are realizing the needs for mining and its
products at an unprecedented scale. For example, over the next
20 to 25 years, it is estimated the world will need to mine and
produce as much copper as has been done throughout all human
history.
There are 50 minerals and metals on the list of critical
materials published by the U.S. Geological Survey, and copper
isn't even on that list. Of the 50 critical materials, 30 are
primarily produced in China. The International Energy Agency
estimates that by 2040 we will need 42 times the lithium
produced in 2020, 25 times more graphite, 21 times as much
cobalt, and the list goes on. America's shortfall is
staggering.
The United States is largely dependent on other nations for
supply of key minerals and metals, a situation that will
persist over the coming decades if we don't act now. Supply
chain partnerships are essential, and they must be trusted.
Major labor shortages are already being experienced in
America's mining sector, resulting in significant cost
increases already. America needs a new relationship with
mining, mineral, and metal processing, extraction, and the
circular economy.
Colorado School of Mines has a compelling, new vision for
the mine of the future. This industry must become attractive
again, with positive relationships throughout society and
minimized impacts on the environment, in order to attract new
students and to retrain those within the workforce. Colorado
School of Mines is ranked No. 1 in the world for mineral and
mining engineering, but there is only one other U.S. university
in the global top 25, tied for 17th with the Chinese
university.
China has invested strategically in this industry and its
workforce for decades. This past academic year, across the
United States, there were 600 enrollments in accredited
undergraduate and graduate mining, engineering, and related
programs. On the other side, it is reported that China has over
1.4 million enrollments. China currently has 38 universities
devoted exclusively for extractive metallurgy, and 38 others
for mineral processing. The United States has none.
Overall, today's accredited mining engineering programs in
the United States produce less than 200 Bachelor of Science-
level graduates per year, with a current U.S. employment demand
of well over 500 annually and growing.
There are many communities across Colorado and elsewhere
throughout the country, represented by this Committee, proud of
their mining industries and the partnership represented with
their people, demonstrating real economic benefit and positive
evidence of environmental stewardship. Key to the success of
this Mining Schools Act will be focus.
This is a bill that incorporates many stakeholder
recommendations, and the use of $10 million per year proposed
will need to be managed carefully with support from the
advisory board. Most important will be establishing prestigious
scholarships to attract new students into accredited mining and
related undergraduate programs. Even more important than the
research and grad student education, we must first refill the
pipeline of students into mineral and mining engineering
programs.
Industry must also more effectively communicate current and
future opportunities, and market new approaches, technologies,
and innovations to gain effective outcomes from the Mining
Schools Act.
I am excited about the Mining Schools Act of 2023. Thanks
to this Committee for your important work toward securing the
workforce and the technology leadership for U.S. economic and
national security. I look forward to answering questions you
may have. Thank you.
[The prepared statement of Dr. Copan follows:]
Prepared Statement of Dr. Walter G. Copan, Vice President for Research
and Technology Transfer, Colorado School of Mines
on H.R. 2685
Chairman Stauber, Ranking Member Ocasio-Cortez, members of the
Committee and distinguished participants. It is a privilege to testify
on this subject that is crucial to the future of U.S. energy, economic
competitiveness, and national security interests. I have recently
served our Nation as Director of the National Institute of Standards
and Technology (NIST), and prior, with the National Renewable Energy
Laboratory and the Brookhaven National Lab of our U.S. Department of
Energy. My career journey in the private sector includes corporate
leadership, research and development, innovation and intellectual
property responsibilities, as well as an entrepreneur.
It is my honor currently to lead research and technology transfer
at Colorado School of Mines, affectionately known as ``Mines.'' Mines
is ranked in the top tier of U.S. research universities by the Carnegie
R1 Classification, and it is rated in the top 3 engineering programs
\1\ overall in the nation. Mines is consistently ranked the number 1
university in the world for mineral and mining engineering,\2\ and it
offers this nation's only degree program in mineral economics. With
school sports teams known as the ``Orediggers'' and with 150 years of
history of solving the world's most pressing challenges, I believe the
name ``Colorado School of Mines'' will proudly remain in service for a
long time to come.
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\1\ https://minesnewsroom.com/news/mines-ranks-third-list-best-
engineering-colleges
\2\ https://www.topuniversities.com/university-rankings/university-
subject-rankings/2023/mineral-mining-engineering
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The key to university's leadership in these fields and across
science, technology, engineering, and mathematics domains over the past
century and a half is the commitment to excellence in research and its
interdisciplinary culture, the strong engagement with industry, and
collaboration with government partners, particularly across the federal
laboratory system. The university is located in Golden, the original
capital of the Colorado territory when the mining sector and the metals
and materials they produced dominated the economy.
I am proud that this university is an authoritative and trusted
resource to Congress and policymakers on a broad range of topics
connected with Science, Technology, Engineering and Mathematics. Mines
is addressing all aspects of the mining and materials life cycle--from
initial community engagement, exploration, mineral economics, and
mining--to minerals processing and extractive metallurgy, to metals and
alloys processing and products--to closing the loop of the circular
economy by product recycling. This knowledge base has also led to the
first Space Resources interdisciplinary program globally.\3\ No other
university in the world has this technology breadth.
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\3\ https://space.mines.edu/
Role of the Mining Sector. Mining is critical to obtain the
materials we rely upon for the products of our economy and for
America's balance of trade--from our buildings, roads, vehicles,
machines and industrial and clean energy infrastructure to our
computers, the internet, mobile phones, GPS and new quantum devices
just entering the market. These and many more are products from the
mining industry. Virtually every product we touch, and everything that
surrounds us in this building in Washington D.C. is tied to materials
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originating from the mining sector and sourced from the earth.
Massive New Demand for Mining and Materials. As the nation and the
world look to our shared energy future, needs for electric power, and
to restore the environment, the world is waking up to the needs for
mining and its products, particularly from hard rock and solution
mining at a scale unprecedented in human history. Over the next 20-25
years, it is estimated the world will need to mine, extract, and
produce as much copper as has been done throughout all human history on
this planet.\4\ The scale is massive--and how will we get there from
here? There are 50 minerals and metals on the list of critical
materials published by the U.S. government through the U.S. Geological
Survey, for which this Committee has oversight. Copper isn't even yet
on that list.
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\4\ https://doi.org/10.1190/tle42040266.1 ``Mining for Net Zero:
The Impossible Task''
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The critical materials include products for semiconductors,
catalysts for hydrogen production and fuel cells, ingredients for
energy storage systems such as lithium, cobalt and nickel, and the rare
earth elements used for making countless products including the high-
performance motors we will need for electric vehicles, solar cells and
for wind turbines. Renewable energies and hydrogen are critical parts
of our energy future, and we will be relying on other products from the
mining industry to supply further energy sources including nuclear, as
well as the materials needed to capture and transport carbon dioxide
from industrial emissions and the atmosphere to stable geologic
reservoirs and to be converted to other product uses. The scale of
necessary changes to the mining and metals processing sector is
immense. The International Energy Agency (IEA) estimates that by 2040
we will need 42 times the lithium we had produced in 2020, 25 times
more graphite, 21 times as much cobalt. The list goes on--and America's
shortfall is staggering.
Global Supply Chains and Risks. Of the 50 critical materials on the
list, 30 primarily are produced in one country--China. The U.S. is
largely dependent on other nations for supply of key minerals and
metals, and it will take a substantial investment on an unprecedented
scale and speed involving trillions of dollars to access products to
supply the energy transition and other industries from both domestic
and imported sources. This demand is coming at the same time in which
we have seen the effects of depleting the domestic mining sector, as
well as major gaps in the ancillary industries for extraction, metals
processing and high value product manufacturing. For the mining sector
in the U.S. major labor shortages are being experienced, resulting in
significant increases in labor costs, leading to projections for
dramatic increases in product prices. The mining industry labor
shortage is being called a war for talent. Unless America's minerals
and mining labor shortage is addressed, it's projected that our
products will be uncompetitive in domestic and global markets.\5\
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\5\ https://www.wsj.com/articles/war-for-talent-at-mines-could-
drive-up-cost-of-energy-transition-30b927eb
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Other nations, particularly China have expanded supply chain access
globally, and China has the largest base in the world for critical
materials manufacturing. China's dominance has become a supply chain
risk for the U.S. and our allies, and its impact is seen from the
early-stage exploration and mining stages, through processing and all
the way to final manufacturing. If an entity controls access to mining
and minerals and processing, it may effectively control the high-end
and value-add manufacturing sectors, as well.
America needs a new relationship with mining. America needs more of
the products that can only come from the mining sector. We must also
recognize that the volumes and time scales required to build capacity
mean that our nation will not be able to do this alone. We will need to
keep our trusted supply chain partners close. As we consider the
proposed Mining Schools Act, we see clear evidence of many inputs that
have already been received and integrated. This is a very ambitious
bill. It starts with the comprehensive series of goals to begin the
process of rebuilding the mining sector, and all this with a modest
budget request of $10 million per year. This is a move in the right
direction, a good start--but it's a small investment considering the
massive challenges America faces.
The opportunity we have before us is to consider first how we
engage and inspire the next generation of leaders for the mining and
critical materials sectors with a purpose and passion for the future of
the planet, for people and communities, and our energy future.\6\
America needs a new compact regarding natural resources and where these
are obtained--both within our nation and from others. Industry will
accelerate its fundamental changes principally as we bring in a whole
new generation to participate in re-imagining and transforming the
sector.\7\
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\6\ https://www.wsj.com/articles/a-dirty-job-that-few-want-mining-
companies-struggle-to-hire-for-the-energy-transition
\7\ https://www.csis.org/analysis/united-states-needs-shift-
perspective-mining
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The vision Colorado School of Mines is advancing for the Mine of
the Future considers the technological opportunities for efficiency in
total mining to utilize every bit of value from minerals and products
of the earth, and for stewardship of water and materials of production.
Our vision must inspire the next generation by including the totality
of working in partnership and transparency with communities toward
sustainable pathways. The vision must include planning for the total
life cycle of the mining operation to its closure and return to nature.
Our vision includes design for product durability and ultimately for
product reuse and recycling, closing the cycle of the circular economy
for mining. This brings a fully interdisciplinary approach involving
not only mining engineering and technology components, but all aspects
of hydrology and the geosciences, the humanities and particularly
social interactions and communications underpinned by trusted data.
This involves economics and business in ways that engender a new
foundation of mutual trust, respect and acceptance with information
sharing that is both trusted and trustworthy, and with environmental
social and governance (ESG) communications and reporting that is
credible, trustworthy and independently validated.
The Mining Industry's Legacy Image. The mining industry has been
one of the pivotal engines of economic growth and prosperity in the
United States. Together with the growth and wealth creation during the
19th century and later, we also saw concurrent destruction of
ecosystems and waterways, and history has taught many lessons--
including about the uneven distribution of wealth that
disproportionately affected certain communities. We have since seen a
decline of not only participants in the U.S. workforce trained in
mining, mineral engineering and processing, but also the refining and
use of metals and metallic systems throughout the manufacturing
sectors. The United States has gone through an era of offshoring and
globalization in many supply chains, including those related to mining
and critical materials. How much capacity can we re-shore?
We will not be able to attract students into programs envisioned by
the Mining Schools Act unless we have the minerals industry, industry
associations, energy, materials and products companies delivering a
new, optimistic and responsible message. The marketing and
communications of the industry about the jobs and sector of the future
must be a priority.\8\ Prospective students should come to understand
the importance of their talents to be deployed in these sectors--and
the chance to make a real difference. Communications within
universities and community colleges, supported by messages from
relevant government agencies can help raise the profile of exciting job
opportunities arising. The essential role that innovation and
entrepreneurship plays in these industries must also be made
increasingly visible to prospective students and those providing them
guidance.
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\8\ https://www.northernminer.com/global-mining-symposium/global-
mining-symposium-mcewen-calls-for-uber-moment-in-mining-industry/
1003855620/
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China has invested strategically to build manufacturing capacity,
supply chain partnerships for raw materials and finished products and
workforce. In many instances, China receives raw mineral ores produced
in developing and developed nations from around the world and refines
them into finished materials for sale on world markets. The standards
for environmental performance, energy intensity, labor and human rights
that are practiced in certain regions do not conform with those high
standards from North America, Western Europe and elsewhere. Standards
and systems for accounting and enabling supply chain transparency and
mineral traceability are essential as we continue to trade with China
and other nations.
Higher Education and Workforce. Colorado School of Mines is ranked
number 1 in the world for mineral and mining engineering,\9\ but there
is only one other U.S. university in the global top 25, tied for 17th
place with a Chinese university. The U.S. has 14 universities with 17
accredited degree programs that include mining and mineral engineering.
China has invested strategically in the industry--and its workforce.
This past academic year, across the United States, there were 600
enrollments in accredited undergraduate and graduate mining engineering
and related programs. China had over 1.4 million enrollments. Overall,
today's accredited mining engineering programs in the U.S. produce less
than 200 Bachelor of Science level graduates per year, with a current
U.S. employment demand of well over 500 annually--and demand is
growing. Other nations that have been reliable trading partners with
the U.S., including Canada, Australia, Europe, and Latin American
countries have also been experiencing shortages of production capacity
as well as labor, as we are experiencing this rapid rise in demand and
related costs.
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\9\ https://www.topuniversities.com/university-rankings/university-
subject-rankings/2023/mineral-mining-engineering
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China currently has 38 universities with schools providing
undergraduate and graduate levels education and research devoted
exclusively to Extractive Metallurgy. There are 38 other separate
schools devoted to Mineral Processing. One of the largest is Central
South University, with specific BS, MS and PhD degrees in Mineral
Processing Engineering and 1000 undergraduate and 500 graduate students
currently enrolled. The U.S. has none--no such dedicated schools nor
degree programs. Colorado School of Mines offers a comprehensive degree
program with concentrations in all these areas, but not the entire
degree programs as the Chinese universities have been building. 40
years ago, we had many--both at Colorado School of Mines and at other
U.S. universities. Canada faces similar workforce challenges as the
U.S.\10\
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\10\ https://mihr.ca/wp-content/uploads/2023/03/Mihr-Workplace-EN-
2023.pdf
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Chinese programs are rigorous, competitive, and increasingly
delivering graduates that are highly skilled with a breadth and depth
of knowledge. China has a plan. They have seen the combination of
workforce, supply chain dominance and manufacturing price control as
strategically essential. Currently, Chinese entities including their
universities are filing the most patents in the world in mining mineral
engineering and metals processing.\11\
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\11\ https://www.nationaldefensemagazine.org/articles/2019/3/21/
viewpoint-china-solidifies-dominance-in-rare-earth-processing
Foreign Talent. The universities of the United States have educated
talent not only for this country but for those from other nations who
have come here to study and seek opportunity. Additionally, other
nations have been expanding capacity and quality in education and have
benchmarked the U.S. higher education system and research enterprise.
Colorado School of Mines is currently called upon by nations with
important natural resources around the world to establish mining
engineering and related programs. These schools are intended to enable
those nations' economies to succeed not only in natural resource
production, but also to be able to enjoy the value-add of upgraded
materials and finished products that can be processed in the future
within their own nations. Should America close its borders to educate
foreign talent? Clearly, no. Some of the foreign students will come and
stay in the U.S., while others will return to their home nations as
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friends and colleagues of the U.S.
Why have U.S. Mining Engineering related programs declined? This
appears to be a combination of important factors. The number of
companies who are actively recruiting and communicating with students
in these areas has not kept pace as industries have globalized, the
marketing of the desirability of careers in the sector has lagged, and
the image of the industry itself has needed a facelift. The bright
students at our universities have many choices, and unless they
understand the attractiveness of a career in the mining and resources
sector, they will choose alternatives. Unless we reposition mining
engineering and related fields as exciting, attractive, rewarding and
impactful, with a call to duty to save our planet and economic
prosperity--our students and future leaders will continue to look at
other opportunities.
More about the Mine of the Future. Colorado School of Mines has a
compelling new vision for the mine of the future. This is a holistic
view that begins not with technology and workforce--but starts with
communities and a visible respect for the planet and its resources. The
mining industry of the future must become the exemplar of industries,
where people want to work, contributing with patriotism to the nation,
and with the knowledge of creating positive impact and a sustainable
future. Without the engagement of the people and an acceptance that
mining can and must deliver a net positive impact for all stakeholders
concerned and for the effective stewardship of the planet's resources,
the mining sector will struggle. Instead, the industry will need to
address massive opportunities for growth and impact for the future of
energy--and must deliver the materials needed for advancement of human
civilization.
The future of mining is linked with applications of robotics and
industrial controls, automation, global positioning drones, the
Internet of Things, development and applications of artificial
intelligence and machine learning, advanced communications strategies,
including those for GPS-denied environments. There are exciting and
challenging opportunities in mineral processing and separations, novel
strategies for using membrane systems for water and resource recovery,
and an amazing array of downstream applications in products touching
every sector of the economy--including energy. The chance to inspire
the students of the future with a vision for these possibilities and
their impacts is exciting. The message behind the Mining Schools Act is
a message of hope, of possibilities, and of opportunities to make a
difference, for the future of America and the world, and to build
partnerships with like-minded nations, our allies and friends.
What will be most impactful from the proposed legislation? I
personally believe it critical that we initially establish a
prestigious scholarship program at America's established and accredited
programs in mining and mineral engineering and directly related
disciplines. This will build a top-level cadre of students ready to go
forward into industry and into advanced degree programs within the
mining related sectors. Unless we overcome current perceptions of
mining as a less attractive career path than others, we will continue
to be challenged to meet the workforce demands of today and the years
to come. Because today's mining engineering and related programs in the
U.S. produce less than 200 B.S.-level graduates per year, we need to
fill the pipeline of undergrads and associate-level students in these
disciplines. An initial focus on graduate programs and academic
research could divert precious limited resources from filling the
pipeline--and may risk the program's effectiveness overall.
There are many communities across Colorado--and represented by this
committee--proud of their mining industries and the partnership
represented with their people, demonstrating real economic benefits and
positive evidence of environmental stewardship regionally and beyond.
Key to the success of the Mining Schools Act will be maintaining clear
focus. This is a bill that incorporates many stakeholder
recommendations. I believe that many states across the country,
including those represented on this Committee, would like to see their
universities benefit and grow, and build the mining workforce through
educational programs and research. $10 million, if evenly divided to
just 17 accredited programs, would provide $588,000 per mining school
program. Typical graduate student tuition, stipend and expenses can
total between $80,000-$100,000 per student--not counting the rest of
the research costs. Graduate research programs are the more expensive
components of this legislative proposal.
Undergrad scholarships can make a real difference--and can open
possibilities for students to pursue majors and coursework relevant to
the mining sector. Undergrad research experiences result in students
who are trained in the science and engineering method, and who will
gain valuable insights to the needs of the industry sector. Research
experiences and fieldwork offered at the undergraduate level can help
students establish a practical grounding and an excitement for career
possibilities.
We also need to be realistic. Building and augmenting quality
programs of mining engineering, minerals processing and metallurgical
refining at the universities who currently do not have accredited
programs will take time. This may also involve a new level of
partnership with universities having such approved curricula, as well
as with industry players who are looking for specific talents and
experience. It is relatively easy to establish a new research project
that will train several students, but it takes longer, significantly
longer to develop and approve a new course of study for inclusion in
curriculum, and substantially longer yet to establish whole new degree
programs and have them properly structured and ultimately accredited.
Building workforce through attracting students to our currently
accredited mining programs across the U.S. and building new courses and
accredited degree programs at community colleges, colleges and
universities committed to this industry will take time.
Industry has an essential role to play toward effective outcomes.
The mining sector is a global business. Mining graduates of
universities in the United States and abroad could see their career
trajectories taking them to far-flung, exciting, and often remote parts
of the world. People entering these fields need to first have an
experience of what the mining sector and its related industries offer.
Hence a strong partnership with industry offering internships, co-ops,
hands-on experiences, field sessions as well as apprenticeships will be
a necessary part of the equation for change. Programs of workforce
retraining include certificate and online programs that allow efficient
use of resource and time in bringing qualified people into the sector
and preparing them for productive new careers.
Among the strongest predictors of having people enter the mining
sector for a career path involves their family circumstances, where the
students grew up, and the mentorship and early learning experiences
they received. Students that come from a family heritage of mining, but
who also resonate with the vision of the Mine of the Future as
something entirely new and exciting will surely be part of the story.
We, however, cannot and should not tell our next generation that they
are entering into the same kind of business and for the same purposes
as their grandfather may have done. We must appeal to, and create
opportunities for, a broad spectrum of students, particularly those who
have not considered a career in mining and are motivated to solve some
of the most significant challenges of our times.
The future of mining has a new mission, and it needs to tell a new
story, inspire a new purpose, and be pursued with a new ethos.
Companies recruiting students to enter the sector must demonstrate a
deep commitment to environmental, social and governance principles and
engender trust through their sustained actions and investments. Indeed,
it will be the new talent entering the sector that will help drive the
changes so needed for a vibrant U.S. mining and mineral resource
industry.
The United States no longer has a Bureau of Mines. Hence, the work
that this Committee does with the Department of Energy, U.S. Geological
Survey, and others including the Department of Defense to stimulate the
necessary other interagency collaborations is essential for the
strategic future of the mining and materials sectors of America.
The federal government in the United States does have examples of
legislation passed and implemented with good intent--but resulting in
less than satisfactory outcomes. In trying to accommodate all
stakeholders, some legislation may never result in the nation achieving
critical mass of workforce capacity, and hence remain unable to reach
the desired goals. We need to recognize that this Mining Schools Act of
2023 is indeed trying to accomplish much, and that the use of the
limited funding of $10 million per year as proposed will need to be
managed carefully with the support of the advisory board to result in
impactful outcomes.
The opportunity we have before us is to look first at how we engage
and inspire the next generation of leaders for the mining and critical
materials sectors, with a purpose and passion for the future of the
planet, for people and communities, and our energy future.
Together with many colleagues in research, education, and industry
around the country, I'm excited about the Mining Schools Act of 2023. I
include with this testimony the text of a letter of support for its
companion bill in the Senate.
Thanks to Chairman Stauber, Ranking Member Ocasio-Cortez, and all
who have worked on this bill. We are grateful for the leadership of
this Committee in your work to address these critical matters toward
securing the workforce and technology leadership for U.S. economic and
national security. I look forward to answering questions you may have.
*****
Attachment
Colorado School of Mines
Golden, Colorado
November 23, 2022
Chairman Joe Manchin III
Ranking Member John Barrasso
Senate Committee on Energy and Natural Resources
304 Dirksen Senate Building
Washington, DC 20510
Re: Support for the ``Mining School Act of 2022''
Dear Chairman Manchin, Ranking Member Barrasso, and Committee
Members:
Colorado School of Mines strongly supports the bipartisan bill
entitled the ``Mining School Act of 2022'' that you introduced to
Congress in March. This bill represents an important step for the
Nation, a recognition of the need to rebuild the American mining
workforce, which has been in decline since 1980. Today, there are only
14 accredited mining engineering programs in the United States, which
is down from 33 at its peak. Furthermore, over the past decade, those
14 programs collectively graduated only about 200 students each year,
compared to an annual industry demand for over 500 mining engineers as
well as mining related technical disciplines and mining economics
specialists in the U.S. Given the need for critical materials for the
Nation and the global energy transitions, the U.S. will have to
significantly increase the production of critical metals and minerals
to support increasing domestic renewable energy sources, expand
electrification, increase battery storage capacity, expand the
development and penetration of safe nuclear energy technologies,
provide catalysts for hydrogen and alternative fuels, and develop
related technologies.
Despite these declines in workforce and resource development
capacity, the United States has great capabilities to lead the world in
critical materials and mining engineering, and to drive the innovations
required for sustainable resource development. This will require a much
larger and more highly trained mining workforce, and Colorado School of
Mines is ideally situated to help. Colorado School of Mines is
consistently ranked the number 1 university in the world for minerals
and mining engineering.\1\
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\1\ https://www.minesnewsroom.com/news/colorado-school-mines-
repeats-global-no-1-mining-engineering
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Thank you for your leadership to develop and advance this important
legislative proposal. We would recommend several changes to the wording
of the bill to enable achievement of the goals to which the bill
aspires.
The ``Mining School Act of 2022'' would allow eligible colleges and
universities to apply for $10 million in grants for fiscal years 2023
through 2030. The grants are specifically focused to assist with
recruiting, training and educating students and funding research to
develop innovative technologies for the mining industry. The grant
funds can be used for programs that cover the entire mine life cycle
ranging from exploration, mine planning, mineral processing, extraction
and refining to energy use, environmental and human impacts, and
recycling. Colorado School of Mines has deep strengths in these
disciplines as do the other 13 U.S. mining schools. Unfortunately, as
the Bill is currently written, the definition of ``a geology or
engineering program'' is too broadly stated. So, there is a very
serious threat that other colleges and universities that have ``a
geology or engineering program'' will compete successfully for the
grants to be authorized by the Act, but without having the requisite
curriculum or programming directly relevant to mining and the mining
life cycle in place. This may inadvertently actually contribute to
further declines of some existing mining school programs, which clearly
would undermine the objectives of the Act.
The current use of the specific language ``a geology or engineering
program'' means that educational programs that have nothing to do with
mining could be eligible in the Mining Schools program under the draft
bill. We recommend that the Committee and colleagues in the legislature
reconsider this definition in advancing the legislation. This can be
addressed by authorizing the awarding of funds to schools with an
``accredited mining engineering program'', and to schools with ``a
geology or engineering program who have entered a formal partnership to
establish a mining engineering program, collaborating in curriculum
development and educational content delivery with an institution
accredited for mining engineering.'' Without a clarification of this
sort, the bill language ultimately may not result in tangible, timely
benefits to the U.S. mining sector.
Colleagues of the Colorado School of Mines and I believe that this
bill is a step in the right direction. If the language is not changed,
the bill certainly supports STEM, which may bring indirect benefits for
mining and critical minerals, as well as for other sectors of the U.S.
economy. For this bill to become a game-changer for rebuilding the U.S.
mining and critical materials workforce, we recommend changes to the
language defining institutional eligibility.
Again, thank you for your leadership to develop and advance this
important legislative proposal. We encourage you to take appropriate
action toward having this important legislation enacted.
Sincerely yours,
Walter G. Copan, Ph.D.,
Vice President for Research and Technology Transfer
______
Mr. Stauber. Thank you very much for your testimony. The
Chair now recognizes Mr. Christopher Wood for 5 minutes.
STATEMENT OF CHRISTOPHER WOOD, PRESIDENT AND CHIEF EXECUTIVE
OFFICER, TROUT UNLIMITED, ARLINGTON, VIRGINIA
Mr. Wood. Thank you, Chairman Stauber, Ranking Member
Ocasio-Cortez, other Subcommittee members, my name is Chris
Wood, and I am the President and CEO of Trout Unlimited. Thank
you for the opportunity to testify today.
Trout Unlimited's mission is to bring together diverse
interests to care for and recover rivers and streams so our
children can experience the joy of wild and native trout and
salmon. I offer the following testimony on behalf of our
350,000 members and supporters.
My testimony will focus on the need to facilitate abandoned
coal mine cleanups by community reclaimers, also known as Good
Samaritans. These are entities who, literally, had nothing to
do with the creation of the historic mine waste, but simply
want to make the places that they live, love, and, in my
members' case, fish, healthier.
I define conservation as the application of common sense to
common problems for the common good. And I thank Representative
LaHood for his continuing efforts to push this common-sense
proposal and turn it into law.
TU restores streams and rivers damaged by pollution from
abandoned mines of the Appalachian coal fields in Pennsylvania,
to hardrock mining areas of the Rocky Mountain states, to
placer mines in Alaska.
Abandoned coal mines dot the Appalachian and Western
landscapes. Pollution from abandoned coal mines continues to
damage thousands of miles of streams and rivers. And while much
has been accomplished, much remains to be done. Cleaning up the
type of abandoned coal mines contemplated in this legislation
is not always overly complicated. Often it involves re-routing
the stream or drainage from an old mine through a series of
created settling ponds and wetlands containing lime or soda
ash. The metal then falls out of the water, and the water can
then be re-routed into the stream.
We have seen long-dead brook trout streams in Pennsylvania,
for example, come back to life through this type of
restoration. And while we love our brook trout at Trout
Unlimited, it is the reduced downstream water filtration costs
that the local communities care most about.
Liability is a significant challenge with these projects.
Consider, we might spend a few hundred thousand dollars to
improve water quality by 80 percent on a stream damaged by mine
waste. But to get the stream to meet Clean Water Act standards,
we might have to spend another $5 million more. The status quo
leaves us open to the government or others, through a citizen
lawsuit, coming after us to get to 100 percent.
The fact is that these are remarkably resilient systems,
and if we give them half a chance, they will recover. Consider
the west branch of the Susquehanna in Pennsylvania, a river
system that drains about 20 percent of the Commonwealth. Thanks
to the work of TU and its partners, in the past decade nearly
26 miles of the west branch have been classified as natural
trout reproduction areas, thanks to water quality improvements.
An additional 215 stream miles in the headwater
tributaries, many of which were previously polluted by acid
mine drainage, were found to support wild and native trout.
A Good Samaritan doctor who sees a car wreck on the road
can take reasonable and prudent measures to help the injured
without fear of liability. In a similar way, we want to be able
to work with the EPA to take reasonable and prudent measures to
help recover our streams.
If there is a stronger advocate for the Clean Water Act
than Trout Unlimited, I am not aware of them. The problem is
that the law treats those who want to clean up abandoned mines
as if they themselves are the polluters. Non-profit
organizations such as mine don't have the funding to support
perpetual treatment systems, as is required by the Clean Water
Act. Moreover, in many cases, the treatment systems, even if
they dramatically improve water quality, do not meet all
applicable Clean Water Act standards.
That is not to say that the Clean Water Act should be
weakened; the opposite is true. But we should be doing all we
can to incentivize organizations such as Trout Unlimited, that
have broad experience in restoration, to make our nation's
waters more fishable, drinkable, and swimmable. The Community
Reclamation Partnerships Act will do exactly that, and we look
forward to working with the Subcommittee to ensure its passage
and enactment into law.
[The prepared statement of Mr. Wood follows:]
Prepared Statement of Chris Wood, President and CEO, Trout Unlimited
on H.R. ____, ``Community Reclamation Partnerships Act''
Chairman Stauber, Ranking Member Ocasio-Cortez, and Subcommittee
Members: My name is Chris Wood. I am the President and CEO of Trout
Unlimited. Thank you for the opportunity to testify today on abandoned
coal mine cleanup legislation.
I offer the following testimony on behalf of Trout Unlimited and
its nearly 350,000 members and supporters nationwide. My testimony will
focus on the Discussion Draft of the Community Reclamation Partnership
Act (draft bill), and specifically the need to facilitate abandoned
coal mine cleanups by community reclaimers (also often known as ``Good
Samaritans'')--those individuals or entities who have no legal
obligation to take on an abandoned mine cleanup, but who wish to do so
in order to improve water quality and watershed health.
I have been honored to appear before this committee to speak in
support of this legislation previously. This bill has been considered--
and advanced--by this committee in the last three congresses. We've
been pleased to support it each time. We thank Rep. LaHood for
continuing to push for this common-sense proposal and we hope that this
is the year we will finally see this advance into law. We deeply
appreciate the Subcommittee's focus on this issue, and we urge the
Subcommittee to continue to work with us, the states, and tribes, the
Interior Department, the EPA, and other stakeholders on such a bill to
help provide an important tool to facilitate cleanups.
TU's mission is to bring together diverse interests to care for and
recover rivers and streams so our children can experience the joy of
wild and native trout and salmon. Our members and supporters live,
recreate, hunt and fish along the waterways impacted by abandoned
mines. In pursuit of this mission, TU members and volunteers dedicate
more than 700,000 hours annually in projects to restore and improve the
places they live, love, and fish. This work includes efforts to restore
streams and rivers damaged by pollution from abandoned mines from the
Appalachian coalfields in Pennsylvania, to the hardrock mining areas of
the Rocky Mountain states, to placer mines in Alaska. TU stands ready
to expand our work to clean up abandoned mine pollution, but we need
passage of legislation such as the Community Reclamation Partnership
Act to make it happen.
Abandoned mine pollution is a widespread problem but much of it is
fixable
Abandoned coal mines dot the Appalachian and western landscapes.
Pollution from abandoned coal mines continues to damage thousands of
miles of streams and rivers--over 10,000 miles just within Pennsylvania
and West Virginia--and while much has been accomplished through the
Surface Mining Control and Reclamation Act's (SMCRA) extremely valuable
Abandoned Mine Lands Fund (AML Fund), a great deal more remains to be
done. The cost of cleanup in Pennsylvania alone has been estimated as
high as $15 billion.\1\
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\1\ http://pa.water.usgs.gov/projects/energy/amd/
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A reclamation fee, paid by the mining companies, is collected for
each ton of coal produced to support the AML Fund. Since 1977, more
than $6 billion has been put to good use making safe and cleaning up
abandoned coal mines.\2\
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\2\ https://www.osmre.gov/news/OSMRE-issues-final-rule-extending-
AML-program-through-2034
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We have developed a number of model projects that can be easily
replicated. In Pennsylvania, aided by state-based Good Samaritan
policy, watershed groups, including Trout Unlimited, are working with
state agencies, communities, and other partners to conduct more than
250 abandoned coal mine pollution projects throughout the state. With
the right policy levers and continued funding, we can do a lot more.
Our best environmental law, the Clean Water Act, can be a barrier to
abandoned coal mine cleanup
There are many projects where water quality could be improved by
collecting run-off, or taking an existing discrete discharge, and
running the polluted water through a treatment system. However, for
would-be Community Reclaimers, Clean Water Act (CWA) compliance and
liability issues remain a barrier to such projects. In short, the law
treats those who want to clean up abandoned mines as if they themselves
are polluters.
Several courts have held that discharges from systems that treat
wastewater from abandoned mines are point source discharges that
require a National Pollutant Discharge Elimination System (NPDES)
permit under section 402 of the CWA. Although EPA and some eastern
states have not considered such projects to be point sources requiring
NPDES permits, the Fourth Circuit's 2010 decision in West Virginia
Highlands Conservancy, Inc. v. Huffman creates uncertainty that has a
chilling effect for would-be Good Samaritans.
Stakeholders in projects involving treatment of mine drainage have
been held back because of CWA liability for two reasons. First, NGOs,
including TU, are not well suited to apply for and hold discharge
permits for such projects. TU does not have an adequate funding
mechanism to legally bind itself to pay for the perpetual costs
associated with operating a water-treatment facility and NPDES permit
compliance.
Second, for many projects it may be impossible to obtain a
discharge permit, because the treatment systems, even if they will
improve conditions, may not be able to treat abandoned mine wastewater
to a level that meets all applicable water quality standards or other
applicable criteria. It should be noted that while these treatment
systems are certainly capable of producing water that will support a
healthy fishery, the resulting water quality might not meet CWA
standards for some pollutants that are particularly difficult to remove
from mine waste (for example, passive wetland systems that effectively
treat highly polluted water often leave levels of manganese that do not
comply with CWA standards).
This is not to say that CWA standards should be weakened; just the
opposite, in fact. But there should be incentives for would-be
Community Reclaimers to make water cleaner even if still short of full
CWA standards. Put another way, federal law should hold polluters
accountable while providing incentives for would be Good Samaritans to
make our water cleaner and communities safer.
Good projects could be expanded and replicated with effective Good
Samaritan policy
In Pennsylvania, as we explain below, polluted water is being
successfully treated and streams and rivers are being brought back to
life because the Commonwealth has provided Good Samaritans with
dedicated funding. We and our partners believe that we can export the
Pennsylvania model across the rest of the country if liability concerns
are eased and Congress continues funding abandoned coal mine cleanups.
Our experiences in Pennsylvania are illustrative of the positive
effect of Good Samaritan cleanups. Over the past 20 years, Pennsylvania
has seen an increase in abandoned mine reclamation projects by
watershed groups, including TU. This boom has been fueled by funding
from the state's Growing Greener grant program and the Federal
Abandoned Mine Land (AML) reclamation fund. Most of these projects
involve treatment of abandoned mine drainage using passive treatment
systems, which run the polluted mine drainage through a series of
limestone basins and wetlands that increase the water's pH and cause
heavy metals to precipitate out. These projects have significantly
improved water quality and restored fish populations in numerous
Pennsylvania streams.
The Pennsylvania Department of Environmental Protection estimates
that public funding sources have paid for the construction of nearly
250 passive treatment systems in the state, the majority of which have
been constructed by private watershed groups, conservation districts or
other local groups.
Beginning in 1998, the work of TU and its partners in the lower
Kettle Creek watershed has resulted in the reclamation of approximately
160 acres of scarred abandoned mine lands and installation of nine
treatment systems that successfully improved mine water polluted with
high levels of acidity and metals. The results to date have been
tremendous, with water quality restored to 3 miles of previously dead
streams and 6 miles of a fully reconnected and thriving native brook
trout population.
TU's Chestnut Ridge Chapter and other partners have worked for more
than two decades to improve water quality in the Dunbar Creek watershed
in southwest Pennsylvania. On Glade Run, the chapter installed a
treatment system and applied alkaline sand to address AMD that had left
the stream devoid of fish. Water quality has now improved enough that
wild trout reintroduced into the lower section of Glade Run are now
thriving, and the state has proposed removing 1.2 miles of this stream
from the Commonwealth's list of impaired streams.
This story of recovery plays out again and again in individual
streams and watersheds. Several years ago, the Babb Creek Watershed
Association accomplished delisting 14 miles of Babb Creek, now a wild
trout fishery, from EPA's impaired streams list. Another 14 miles in
the Tangascootack Creek watershed is pending removal from the impaired
streams list as a result of passive treatment systems constructed by
the Clinton County Conservation District.
On a much larger scale, the West Branch Susquehanna River watershed
has made tremendous strides over the past few decades. A comparison of
conditions in the West Branch Susquehanna in 1972 with those in 2009
indicated that fish species increased 3,000 percent, and pH increased
from 3.8 to 6.6. Preliminary results from our 2017-2018 re-evaluation
of water quality and biological conditions across the historically
impaired West Branch Susquehanna River basin demonstrate continued
improvements in water quality and wild trout populations. Ten sites
that exceeded water quality standards in the 2009 study were found to
now be meeting water quality standards.
In the past decade, nearly 26 miles of the West Branch of the
Susquehanna have been classified as natural trout reproduction waters
thanks to water quality improvements. An additional 215 stream miles in
the headwater tributaries--many of which were previously polluted by
acid mine drainage--were found to support wild and native trout.
This is clear testament to the success of collaborative abandoned
mine cleanup that continues across this vast landscape in Pennsylvania.
On Fall Brook in Pennsylvania, we helped Tioga County Concerned
Citizens Committee and Tioga County Conservation District with a
conceptual treatment plan that they then took to Southwestern Energy.
Southwestern decided to fully fund the construction and the long-term
operation and maintenance trust fund ($2.7 million). Southwestern
Energy uses the project to fulfill their water-neutral program (for
every gallon of water they use in natural gas development, they clean
up the same amount of polluted water).
These improvements result in economic benefits. In Pennsylvania,
almost $4 billion was spent on fishing, hunting, and wildlife viewing
in 2006. Although dated, a 2008 study found that full remediation of
the West Branch Susquehanna River watershed would result in ``an
additional $22.3 million in sport fishing revenues could be expected to
be generated each year. Additional recreation spending--over and above
that for fishing--would be expected after remediation is completed.
Regardless of the overall scope of the abandoned mine problem, each
of these projects restored a significant water body and represents a
big win for the relevant local community.
Cleaning up abandoned coal mine pollution is a long-term job, and
long-term funding is needed to get the job done. We were pleased to see
Congress reauthorize the Title IV AML fund as part of the 2019
Bipartisan Infrastructure Law (BIL).\3\ In addition to extending the
existing program, the BIL authorized and appropriated nearly $11.3
billion for deposit into the Abandoned Mine Reclamation Fund
administered by the Office of Surface Mining Reclamation and
Enforcement (OSMRE). This AML fund is the lifeblood of funding for
abandoned coal mine work in the coalfield areas of America, especially
the East. We urge Congress to continue to support this program.
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\3\ The Bipartisan Infrastructure Law (BIL) (Pub. L. No. 117-58),
also known as the Infrastructure Investment and Jobs Act, was enacted
on November 15, 2021.
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Even with this additional funding, state programs only have the
capacity to do so much. We need legislation like the Community
Reclamation Partnerships Act to help unleash the untapped capacity of
would be good Samaritan cleanup groups like TU, who are ready and
willing to help get this work done.
Lastly, the subcommittee knows well the need to have a hardrock
Good Samaritan policy enacted to provide a critical tool for western
abandoned mine cleanups. We appreciate the subcommittee's work in
previous Congresses to find a solution. Last year a bipartisan group of
Senators and diverse stakeholders united around legislation to
establish a pilot program that would have facilitated safe, effective
abandoned mine cleanups. Unfortunately, this bill did not advance into
law before the end of the year and abandoned mines that could otherwise
be cleaned up continue to pollute our waters and communities. We are
hopeful that in the 118th Congress we will be able to move forward with
bicameral legislation and we look forward to further working with the
subcommittee to address this issue. It is long past due to enact Good
Samaritan legislation into law so that we can get to work across the
country cleaning up both coal and hardrock abandoned mines.
Conclusion
The legacy of historical mining practices--thousands of abandoned
coal and hardrock mines with an estimated cleanup cost in the billions
of dollars--has persisted for the better part of a century with
insufficient progress toward a solution. The Community Reclamation
Partnerships bill is an important step toward addressing the impact of
abandoned mines in coal country. We urge the Subcommittee to mark up
the bill and pass it in the coming months.
Improving water quality around the Nation is a fundamental goal of
the work of this Subcommittee, and thus we are pleased that the
Subcommittee is looking at one of the most vexing water problems
remaining in coal country. We stand ready to work with you so that
affected communities around the Nation will again have swimmable,
fishable, and drinkable waters. Thank you for considering our views and
thank you for working with us on these important matters.
______
Mr. Stauber. Thank you very much for your testimony. The
Chair will now recognize Professor Emily Hammond for 5 minutes.
Professor.
STATEMENT OF EMILY HAMMOND, VICE PROVOST FOR FACULTY AFFAIRS,
GLEN EARL WESTON RESEARCH PROFESSOR, GEORGE WASHINGTON
UNIVERSITY SCHOOL OF LAW, WASHINGTON, DC
Ms. Hammond. Thank you, Chairman Stauber, Ranking Member
Ocasio-Cortez, and distinguished members of the Subcommittee
for the opportunity to testify today. I will be testifying
concerning two of today's discussion drafts: the Community
Reclamation Partnerships Act and the Mining Schools Act of
2023.
I am a professor of law at the George Washington
University, and there I specialize in administrative law,
energy law, and environmental law. My work extends to the rich
story of how community organizations working in Appalachia have
contributed to the development of energy and environmental law,
including SMCRA. So, I will begin with the Community
Reclamation Partnerships Act.
As you know, title 4 of SMCRA reflects Congress' concern
with the environmental hazards of abandoned mines, as well as
the detrimental economic impact such hazards bring to
communities. With tens of thousands of abandoned coal mines
across the United States, this program is vitally important to
communities and the environments they are a part of. The risks
posed by abandoned mines are multi-faceted, but I will focus
today on the impacts of acid mine drainage, AMD, to communities
and waterways.
Simply put, AMD is water that has flowed through abandoned
coal mines, becoming highly acidic and picking up toxic metals
along the way. Fish can't live in it, and people can't swim in
it. EPA has estimated that over 5,000 miles of streams are
impacted by AMD. And Appalachian states, with their long
legacies of coal mining, are especially impacted. But such
streams do exist throughout the nation.
The story of the Cheat River in West Virginia provides an
example. For decades it was plagued by AMD from both abandoned
and active coal mines, and by the 1990s it was so utterly
poisoned that American Rivers named the Cheat one of the
nation's 10 most endangered rivers.
But today, the Cheat once again hosts a healthy fish
population, and is very much swimmable. And it is largely that
way because a lot of dedicated people and affected communities
came together and formed Friends of the Cheat River. They used
all the tools they could access to fund cleanup. They developed
a task force linking local, state, and Federal agencies to
academics, industry, and local businesses. Out of these
relationships, came opportunities to research the most
effective ways to restore the watershed. And ultimately, that
research supported a novel watershed approach that allows
direct treatment of streams in addition to more traditional
treatment plants. Friends of the Cheat is an example of the
kind of organization that would qualify as a community
reclaimer. They are acting voluntarily, and they did not cause
the pollution that they aspire to remediate.
Importantly, the bill would remove a key area of
uncertainty for these organizations related to the interplay
between SMCRA and the Clean Water Act.
SMCRA provides that any control or treatment for water
pollution resulting from AMD shall not ``in any way be less
than required'' under the Clean Water Act. This is a critical
provision, especially where a mining company itself is
responsible for cleaning up harm that it caused. But in the
case of volunteer organizations who can make the water so much
better, often through passive treatment, this Clean Water Act
compliance requirement poses a barrier because it exposes them
to potential legal liability when they improve, but don't
perfect a stream's water quality.
A key feature of the discussion draft is that it protects
these volunteer community organizations from that liability in
such circumstances. This is an appropriately limited exception
that would allow more organizations like Friends of the Cheat
to undertake this crucial work.
As I noted in my written testimony, an important addition
to this bill would be to require that states respond to
significant comments raised following the comment period and
public meeting that the bill contemplates. This is a small
change, but it would have big pay-offs in reinforcing the
importance of the voices of communities impacted by abandoned
mines.
And that point relates to my comments on the Mining Schools
Act of 2023. It appropriately includes, among grant funding
purposes, education that might in the future avoid some of the
harms our country faces from abandoned mines today.
But scientists and engineers need just a bit more. They
need to be able to engage with communities. So, I recommend
that training for community engagement and communication be
among the purposes to which these grants may be put.
Thank you again for the opportunity to testify today.
[The prepared statement of Ms. Hammond follows:]
Prepared Statement of Emily Hammond, Glen Earl Weston Research
Professor of Law at the George Washington University Law School
on H.R. 2685 and H.R. ____, Community Reclamation Partnerships Act
Thank you, Chairman Stauber, Ranking Member Ocasio-Cortez, and
distinguished Members of the Subcommittee, for the opportunity to
testify today. I'll be testifying concerning two of today's bills: The
Community Reclamation Partnerships Act, and the Mining Schools Act of
2023.
I am a Professor of Law at The George Washington University Law
School. I also serve as Vice Provost for Faculty Affairs for the
University, and am a member-scholar of the not-for-profit regulatory
think-tank, the Center for Progressive Reform. I am testifying today,
however, on the basis of my expertise and not as a partisan or
representative of any organization. I am a professor and scholar of
administrative law, energy law, and environmental law. My work is
published in the country's top scholarly journals as well as in many
books and shorter works, and I regularly speak on topics related to my
expertise. Among my areas of research is the legal history of SMCRA and
the work of the community organizations that led its passage,
especially in Appalachia where I grew up. Early in my career, I
practiced as a civil and environmental engineer; that experience and
training particularly inform my assessment of legal frameworks
involving scientific or technical complexity.
I will begin with the Community Reclamation Partnerships Act, which
brings to volunteer community organizations much-needed relief from
legal uncertainty so that they can confidently engage in some of the
most important cleanup work for our waterways. Second, the Mining
Schools Act of 2023 is an important investment in higher education and
should ensure robust attention to education and research in the full
life cycle of mining--from protective practices for workers and the
environment during mining operations to the time those operations
cease. Overall, both these bills offer avenues for strengthening
environmental protections in very practical, meaningful ways.
I. The Legacy of Abandoned Coal Mines
As you know, Title IV of the Surface Mining Control and Reclamation
Act of 1977 established the Abandoned Mines Reclamations program for
coal mines abandoned prior to August 3, 1977.\1\ The program
demonstrates Congress's concern with the environmental hazards of
abandoned mines as well as the detrimental economic impact such hazards
bring to communities. With tens of thousands of abandoned coal mines
across the United States--many of which are categorized as high-
priority for cleanup given the threats they pose--this program is
vitally important to communities and the environments they are a part
of. The risks posed by abandoned mines are multi-faceted, but I will
focus today on the impacts of acid mine drainage (AMD) to communities
and waterways.
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\1\ 30 U.S.C. Sec. Sec. 1231-40a, 1242-44.
---------------------------------------------------------------------------
The Environmental Protection Agency (EPA) has estimated that over
5,000 miles of streams are impacted by AMD.\2\ Appalachian states, with
their long legacies of coal mining, are especially impacted--but
impacted streams exist throughout the nation. AMD is water that has
flowed through abandoned coal mines, picking up toxic metals and
becoming highly acidic along the way. The story of the Cheat River in
West Virginia provides a concrete example. Plagued by AMD from both
abandoned and active coal mines, as early as the 1970s, whitewater
paddlers reported bright orange rocks and experienced nosebleeds,
stinging eyes, and other health impairments after spending time on the
Cheat.\3\ Then in 1994, polluted water from an illegally-sealed
underground coal mine burst through a hillside into Muddy Creek--a
Cheat tributary. The resulting fish kills and dramatically lowered pH
of the Cheat, worsened by another 1995 blowout, led American Rivers to
name the Cheat one of the nation's ten most endangered rivers. Today,
the Cheat once again hosts a healthy fish population, and I can tell
you from personal experience that it is a delight to swim in.
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\2\ J.M. Williamson et al., Valuing Acid Mine Drainage Remediation
of Impaired Waterwats in West Virginia: A Hedonic Modeling Approach,
EPA, Sept. 2006, at https://cfpub.epa.gov/si/
si_public_record_Report.cfm?Lab=NRMRL&dirEntryId=159138.
\3\ See Friends of the Cheat, FOC History, at https://cheat.org/
foc-history/.
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What happened in between? A lot of very dedicated people in the
affected communities came together and formed Friends of the Cheat
River. They used all the legal tools they had to access funding for
cleanup. They developed a task force linking local, state, and federal
agencies to academics, industry, and local businesses. Out of these
relationships came opportunities to research the most effective ways to
restore the river, and ultimately, that research supported a novel
instream permit from EPA that allows direct treatment of the stream in
addition to traditional treatment plants for discharges into the
stream.
Friends of the Cheat is an example of the kind of organization that
would qualify as a Community Reclaimer under the Community Reclamation
Partnerships Act--a voluntary organization that did not cause the
pollution they aspire to remediate. And importantly, the bill would
remove a key area of uncertainty for these community organizations.
This uncertainty relates to the interplay between SMCRA and the Clean
Water Act (CWA). First, it is important to recognize that SMCRA defines
lands and water eligible for cleanup under the Abandoned Mines program:
They must be associated specifically with coal mining (whether
underground or surface); and there must be ``no continuing reclamation
responsibility under State or other Federal laws.'' \4\ Second,
cleaning up acid mine drainage (AMD) was clearly one of Congress's
priorities for abandoned mines.\5\ So the primary way of addressing AMD
is through the SMCRA framework. Yet--third--SMRCA provides that any
control or treatment for water pollution resulting from AMD shall not
``in any way be less than that required'' under the CWA.\6\
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\4\ 30 U.S.C. Sec. 1234. In other words, the exclusion means there
is not a remediation responsibility under the Comprehensive
Environmental response, Compensation, and Liability Act (CERCLA) or
other federal or state cleanup laws.
\5\ Id. Sec. 1231(c)(1) (authorizing use of funds for ``prevention,
abatement, treatment, and control of pollution created by coal mine
drainage including restoration of stream beds, and construction of
water treatment plants'').
\6\ Id. Sec. 1242(d).
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Ordinarily it is very important to require compliance with other
environmental laws, especially where a mining company itself is
responsible for cleanup or harm it caused.\7\ But in the case of
Community Reclaimers, this CWA compliance requirement has created
uncertainty and even a barrier to making improvements to Appalachian
waterways. The CWA bans discharges of pollutants without a permit under
the National Pollutant Discharge Elimination System (``NPDES''), which
incorporates water quality standards for the receiving water.\8\ But
what about a treatment operation that significantly restores the water
quality in an impacted stream, even if the effluent can't meet all
applicable water quality standards? \9\
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\7\ See W.V. Coal Ass'n v. Reilly, 728 F. Supp. 1276 (S.D.W.V.
1989) (upholding EPA's CWA authority to reject in-stream treatment
ponds of mining wastewaters at active mining site).
\8\ 33 U.S.C. Sec. 1342.
\9\ In a closely analogous setting involving the bond forfeiture
provisions of SMCRA, the Fourth Circuit Court of Appeals held that the
State of West Virginia was obligated to obtain a NPDES permit for AMD
treatment systems at various bond-forfeiture sites, even though the
state was engaging in reclamation efforts for pollution it did not
cause and even though its efforts were improving water quality. W.V.
Highlands Conservancy, Inc. v. Huffman, 625 F.3d 159 (4th Cir. 2010).
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This is a realistic scenario for streams impaired by AMD. And it is
a disincentive to Community Reclaimers who stand to make a real impact
in restoring these streams--but because of the nature of AMD, multiple
full-blown, state-of-the-art active water treatment systems aren't
financially feasible. Often, passive treatment systems make up a large
part of the remedial work that is being done today and that can be
further incentivized by the Community Reclamation Partnerships Act.
These systems do not usually treat the full scope of water quality
concerns, but they contribute substantially to improving water quality
and can make non-passive systems cost less.\10\
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\10\ See, e.g., C. Zipper et al., Passive Treatment of Acid-Mine
Drainage, Va. Coop. Ext. Pub. 460-133 (2018), at https://
www.pubs.ext.vt.edu/content/dam/pubs_ext_vt_edu/460/460-133/CSES-
216.pdf; Jeff Skousen, Overview of Passive Systems for Treating Acid
Mine Drainage, at https://dep.wv.gov/WWE/getinvolved/sos/Documents/AMD/
Overview_PassiveAMDTreatment.pdf.
---------------------------------------------------------------------------
In this respect, a key feature of the Community Reclamation
Partnerships Act is that it shields Community Reclaimers from CWA
liability (as well as liability under other federal laws) when they
improve but do not perfect a stream's water quality.\11\ This is an
appropriate and limited exception that would allow more organizations
like Friends of the Cheat to undertake the important work of AMD
remediation.
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\11\ Discussion draft, Sec. 4. By contrast, there is a ``Good
Samaritan'' provision in CERCLA for hard rock mine cleanup. 42 U.S.C.
9607(d) (``no person shall be [strictly] liable . . . for rending care,
assistance, or advice . . . with respect to an incident creating a
danger to public health or welfare or the environment'') (preserving
liability for negligence). See also EPA, Interim Guiding Principles for
Good Samaritan Projects at Orphan Mine Sites and Transmittal of CERCLA
Administrative Tools for Good Samaritans, June 6, 2007, at https://
www.epa.gov/sites/default/files/2015-09/documents/cercla-goodsam-
principles-mem-ed2015.pdf (establishing policies to implement this
provision, including flexibility for water quality associated with
cleanup discharges).
---------------------------------------------------------------------------
An important point about these activities is that they strengthen
communities. My own interviews with individuals engaged in these
activities in Appalachia suggest that at the local level, these
communities have bridged the extreme polarity we see at the national
level. They have promoted discussion not just about the immediate
issue, but about the longer-term values and needs of a region that is
both rich in beauty, resources, and culture, and overlooked by many
other measures.
For all these reasons, I support the Community Reclamation
Partnerships Act and suggest one modification. The discussion draft
would add a provision authorizing approved states to enter into
memoranda of understanding (MOU) with state and federal agencies to
remediate land and water impaired by abandoned mines. A laudable
feature of this provision is that it calls for a period of public
comment--including a local public meeting--prior to submitting the MOU
to the Secretary and Administrator (of EPA) for approval. However, it
does not include any requirement that the state respond to significant
comments raised. Although it is likely that there would be some
response the state, enshrining that requirement in this bill would
underscore the importance of ensuring that local voices are heard,
treated with respect, and impactful.\12\
---------------------------------------------------------------------------
\12\ For a discussion of procedural values like these, see Emily
Hammond & David L. Markell, Administrative Proxies for Judicial Review:
Building Legitimacy from the Inside-Out, 37 Harv. Envt. L. Rev. 313
(2013).
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II. Ensuring Remediation in Mining School Curricula
The Mining Schools Act of 2023 promotes the purpose of establishing
a grant program to strengthen domestic mining education. I want to
highlight some of the purposes to which these grant funds may be put,
and to suggest one other. Importantly, the purposes include education
that may in the future avoid some of the harms our country faces from
abandoned mines and irresponsibility operated existing mines. These
include reclamation at abandoned sites, methods for mitigating AMD and
reclaiming abandoned mine land, and mineral extraction methods that
minimize environmental harms. But today's scientists and engineers need
a bit more: they need to be able to engage with communities. Just as
the Community Reclamation Partnerships Act contemplates such
engagement, and just as the story of the Cheat River demonstrates the
value of collaboration among activists, business interests, and
scientists and engineers, so too should higher education prepare
students for this reality. I thus recommend that training in community
engagement and communication be among the purposes to which these
grants may be put.
Thank you again for the opportunity to testify today. I look
forward to your questions.
______
Mr. Stauber. Thank you very much for your testimony. The
Chair now recognizes Mr. Kevin Moore for 5 minutes. Mr. Moore.
STATEMENT OF KEVIN MOORE, CHAIRMAN AND CHIEF FINANCIAL OFFICER,
3 PROTON LITHIUM (3PL), CARSON CITY, NEVADA
Mr. Moore. Thank you. Good afternoon, Chairman, Ranking
Member, and members of the Committee. Thank you for the
opportunity to testify in support of H.R. 3883.
My new friends, I believe, have been here before. This is
my first time here, so it is an honor to be here. My name is
Kevin Moore. I am the Chairman of 3 Proton Lithium, a United
States-owned private company engaged in the exploration and
development of critical minerals in Railroad Valley, Nevada
since 2017. This project is critical to ending America's over-
reliance on foreign adversaries, securing a domestic supply
chain for critical minerals, facilitating the country's
transition to a green economy, and creating thousands of high-
paying U.S. jobs.
The segregation process, started in April 2021, has had
tremendous impact on our ability to operate and develop our
mining claims. It impacts about a third of our claim block,
bisecting it almost directly in the middle, and captures the
deepest and most mineral-rich area, and potentially locks up 60
percent of the resources.
While 3PL believes it has valid rights in the segregated
area, our position has always been one of mutual cooperation.
By contrast, the lack of responsiveness and transparency from
NASA and other officials throughout the withdrawal process has
resulted in what we feel are uninformed and incorrect
conclusions about our project. This has translated into a curt
dismissal of its critical importance to the economic and
national security of the United States, and further hinders our
nation's ability to break its dependence and over-reliance on
hostile foreign nations for critical and rare earth minerals.
The deposit is one of the 10 largest in the world, and the
only one of its type in North America. It is only comparable to
certain strategic mineral deposits in China and South America
due to its unique geological history. With over 23 billion
barrels of brine and 85 billion tons of salts, this deposit is
truly world class, and the find has been validated by a robust
geophysical data set.
This site contains a lithium carbonate equivalent resource
of 82 million tons in situ, with an estimated 25 million tons
recoverable in the salts and brines, making this one of the
world's largest lithium resources and, actually, 40 times
larger than the only known lithium reserve currently in the
United States. A recent USGS minerals report identified 98
million tons of lithium resource worldwide and 12 million tons
in the United States. Railroad Valley would conservatively
triple the lithium resources currently identified in the United
States.
The site also contains a boron resource of over 58 million
tons, conservatively, making this one of the largest and purest
deposits in the world. Boron is used in advanced aerospace
structures, ballistic vests, and tank armor.
3PL has also demonstrated the presence of rare earth
elements which are vital to national defense. However, they are
very rare, mostly imported and controlled by adversarial
nations like China.
In short, the Railroad Valley deposit is not only globally
significant, but also of undeniable strategic national
importance to the United States.
From an environmental standpoint, 3PL is developing a safe
and environmentally responsible project that will not involve
evaporation ponds, open pit mining, or acid leach operations
that are planned by other projects of this type. The total area
used by the 3PL project compared to the vastness of the playa
is a fraction of 1 percent. We can access these minerals by
pumping wells, each with a minimal footprint, leaving the playa
virtually untouched.
The existing permitting process is thorough, and will
provide sufficient visibility into the project's impact to the
playa. All actions we undertake will be scrutinized by a number
of agencies at both the state and Federal levels. The project
can only proceed if all requirements of all agencies are met
satisfactorily. This project can and will be developed in a
responsible way.
The strategic importance of proceeding with the full
development of the project cannot be understated, especially as
it relates to unshackling the United States from its dependence
and over-reliance on foreign nations, including China and
Russia, to supply certain mineral commodities that are vital to
the country's economic and national security. This dependence
on rare earth elements and critical minerals is a grave
vulnerability, which is why this Administration has rightfully
made securing domestic supply chain a priority.
The long-term economic impact of this project will provide
significant benefit both locally and nationally for
generations. The potential value of the minerals and salts that
can be harvested over this extended period are in the trillions
of dollars, resulting in billions of dollars of tax revenues
and royalties. The jobs that will be created directly and
indirectly from this operation and downstream impacts will be
in the thousands.
This is not a matter of establishing which mission is more
important to advancing the interests and objectives of the
United States. They both are critically important and can be
achieved in tandem. This project is a vital part of
transitioning to a green economy, creating good-paying American
jobs, combating climate change, ending America's over-reliance
on foreign adversaries, and securing a domestic supply chain
for critical and rare earth minerals. But until we can begin
the process of extracting these minerals from the ground, all
they represent is potential.
I thank the Committee again for their interest in this
critical matter, and look forward to answering any questions.
[The prepared statement of Mr. Moore follows:]
Prepared Statement of Kevin Moore, Chairman and Chief Financial
Officer, 3 Proton Lithium, Inc.
on H.R. 3883
Good Afternoon Chairman Stauber, Ranking Member Ocasio-Cortez and
Members of the Committee. Thank you for the opportunity to testify in
support of H.R. 3883. My name is Kevin Moore and I am the Chairman and
Chief Financial Officer of 3 Proton Lithium, Inc. (``3PL''), a United
States owned and domiciled private company engaged in the exploration
and development of critical minerals in Railroad Valley, Nevada. 3PL
has assembled leases and mining claims compromising more than 58 square
miles (37,350 acres), representing the largest claim block in Nevada,
which it has maintained since 2017.
This project is critical to ending America's overreliance on
foreign adversaries, securing a domestic supply chain for critical
minerals, facilitating the country's transition to a green economy, and
creating thousands of high-paying U.S. jobs.
As the largest land stakeholder in Railroad Valley, the land
segregation process started in April 2021 has had tremendous impact on
our ability to operate and develop our mining claims. The April 27,
2023 Public Land Order impacts about 11,000 acres--approximately 30%--
of the 3PL claim block, bisecting it almost directly in the middle.
The 3PL mining claims comprise a 2000-foot-deep brine pool,
consisting of globally significant concentrations of valuable,
recoverable critical and rare earth minerals, such as lithium and
boron. If you picture our brine pool deposit as a bathtub, the
segregation captures the deepest and most mineral rich area, and
potentially locks up 60% of the resources from development.
While 3PL believes it has valid existing rights in the segregated
area, our position has always been one of mutual cooperation. We
understand the Bureau of Land Management's (``BLM'') guiding principle
of productivity of the land to support their multi-use mission and that
this land belongs to the citizens of the United States. Our
interactions with local BLM officials in Nevada have always been
conducted with mutual respect, and we believe they have been both
thorough in their investigation of our work, and supportive in our
ongoing NEPA assessment.
By contrast, the lack of responsiveness and transparency from NASA
and other officials in Washington throughout the withdrawal process has
been problematic and has resulted in what we feel are uninformed and
incorrect assumptions and conclusions about our project. This has
translated into a curt dismissal of the critical importance of Railroad
Valley to the economic and national security of the United States, and
further hinders our nation's ability to break its dependence and over
reliance on hostile foreign nations for critical and rare earth
minerals.
As a starting point, I would like to explain the geological
uniqueness and magnitude of the Railroad Valley deposit.
The Railroad Valley deposit is one of the ten largest in the world,
and the only one of its type in North America. It is only comparable to
certain strategic mineral deposits in China and South America due to
its unique geological history.
As the entire Great Basin of the western United States continually
filled as a lake and then evaporated more than 100 times over a period
of 3 million years, the Railroad Valley mineral deposit was formed.
Over time, a salt deposit settled at the deepest portion of the
lakebed, leaving behind a globally significant concentration of
strategic minerals in both size and diversity.
This is a salt deposit with a very distinct alkaline chemistry. The
complex salts contain significant amounts of lithium, but also
consequential amounts of other critically needed strategic minerals,
including boron, tungsten, molybdenum, and rare earth elements.
With over 23 billion barrels of brine and 85 billion tons of salts,
the Railroad Valley deposit is truly world-class. The find has been
validated by a robust geophysical data set from 48 wells, over 50 miles
of seismic line data, 42 miles of magnetotelluric data, and over 1,100
geochemical samples.
This site contains a Lithium Carbonate Equivalent (LCE) resource of
82 million tons, ``in-situ,'' with an estimated 25 million tons
recoverable in the salts and brines, making this one of the world's
largest lithium resources, and 40 times larger than the only known
lithium reserve in the United States, with more diverse strategic
minerals.
A recent USGS minerals report identified 98 million tons of lithium
resource worldwide and 12 million tons in the United States. Railroad
Valley would conservatively triple the lithium resources currently
identified in the United States.
The site also contains a Boron Trioxide resource of over 58 million
tons, conservatively, making this one of the largest and purest boron
deposits in the world. Boron is used in advanced aerospace structures,
ballistic vests, and tank armor, in addition to many industrial uses.
Additional significant economically valuable minerals and salts are
present, including sodium carbonate, molybdenum, and tungsten.
3PL has also demonstrated the presence of Rare Earth Elements,
including Neodymium, Praseodymium, and Gadolinium, found in
concentrations that far exceed what is normally found in the earth's
depositional structure. These minerals are vital to national defense
and are used in a wide range of critical weapons systems. However, they
are very rare and mostly imported and controlled by adversarial
nations, like China.
In short, the Railroad Valley deposit is not only globally
significant, but also of undeniable strategic national importance to
the United States.
From an environmental standpoint, 3PL is developing a safe and
environmentally responsible project that will not involve evaporation
ponds, open pit mining, or acid leach operations planned by other
projects. We are confident that our operations will not degrade the
playa or adversely disturb the surface in a manner that impacts other
uses of the area.
The focus of our mineral exploration is the salts and brines, not
in clay or hard rock. In other words, this is not an excavation
project. The total area used by the 3PL project compared to the
vastness of the playa is a fraction of 1%. We can access these minerals
by pumping wells, each with a minimal footprint, leaving the playa
virtually untouched and enabling NASA to conduct its satellite
calibration mission. Pumped fluids can be piped outside the playa,
where ground conditions are favorable to process facility construction.
Process facilities will be limited in footprint and not require vast
evaporation ponds that may interfere with NASA operations.
We strongly believe that both 3PL and NASA can co-exist in Railroad
Valley, enabling both entities to deliver on missions of strategic
national importance to the United States.
The existing permitting process is thorough and will provide
sufficient visibility into the project's impact to the playa. All
actions we undertake will be scrutinized by a number of agencies at
both the State and Federal levels, including Bureau of Mining, Water
Pollution Control, Dept of Wildlife, Dept of Water Resources, Division
of Minerals, Bureau of Land Management, and EPA, amongst others.
Exhaustive analysis of potential risk and environmental impact
including broad-scale field analysis and survey by qualified third-
party experts has been and will continue to be undertaken. All
significant analyses required are subject to public notice and
feedback. Agency feedback can also necessitate mitigation of any
perceived impacts. The project can only proceed if all requirements of
all agencies are met satisfactorily.
The strategic importance of proceeding with the full development of
the Railroad Valley project cannot be understated, especially as it
relates to unshackling the United States from its dependence and over
reliance on foreign nations, including China and Russia, to supply
certain mineral commodities that are vital to the country's economic
and national security.
As the world decarbonizes, demand for strategic minerals is
increasing rapidly. Most analysis of these resources, shows the supply
gap growing wider as demand begins to mature and surge. It is well
known that demand will far exceed the supply of lithium for decades to
come. The lithium market is forecasted to expand from around 300,000
metric tons in 2020 to 3,000,000 metric tons by 2030. The EV sector
alone is driving an insatiable demand for lithium as the technology
evolves at an exponential rate. According to a recent report by
Bloomberg New Energy Finance, adding just 5% to electric vehicle range
causes battery material demand to soar by 50%.
The Railroad Valley lithium resource would boost the United States
supply by approximately 200% and be North America's largest deposit.
Conservatively, this is a 100-year mining opportunity for American
independence from foreign controlled mineral sources.
The United States' dependence on rare earth elements and critical
mineral imports is a grave vulnerability, which is why this
Administration has rightfully made establishing and securing a domestic
supply chain a priority (Executive Orders 13817, 13953 and 14017).
The long-term economic impact of this project is immense and will
provide significant benefit both locally and nationally for
generations. The potential value of the minerals and salts that can be
harvested over this extended period are in the trillions of dollars,
resulting in billions of dollars of tax revenues and royalties. The
jobs that will be created directly and indirectly from this operation
and downstream impacts will be in the thousands. The financial impact
to the supply chain and on America's ability to grow the domestic
critical minerals industries is dramatic.
In summary, a meaningful lack of engagement from relevant federal
agencies has led us to what we believe is a decision made on incomplete
information. This is not a matter of establishing which mission--that
of NASA or 3PL--is more important to advancing the interests and
objectives of the United States. They both are critically important and
can be achieved in tandem.
We are steadfast in our existing valid rights to continue our work
on the playa and believe this globally significant project to be unique
and of critical strategic importance to the United States of America,
both economically and to our national security. The Railroad Valley
project is a vital part of transitioning to a green economy, creating
good-paying American jobs, combatting climate change, ending America's
overreliance on foreign adversaries and securing a domestic supply
chain for critical and rare earth minerals. But until we can begin the
process of extracting these minerals from the ground, all they
represent is potential.
Our national and economic security depends on all of us working in
conjunction to make it happen.
I thank the committee again for the opportunity to provide my
testimony and for their interest in this critical matter. I look
forward to answering your questions.
______
Mr. Stauber. Thank you very much for your testimony.
The Chair will now recognize Members for 5 minutes for
questions, and I am going to recognize Mr. Rosendale first for
5 minutes.
Mr. Rosendale. Thank you very much, Mr. Chairman and
Ranking Member Ocasio-Cortez. I would like to go on the record
to officially support Representative Owens' H.R. 2685, the
Mining Schools Act of 2023.
In many job fields, and especially in mining, I have heard
from employers across Montana that they are having a hard time
finding and retaining workers. They are worried that fewer
people are pursuing mining jobs, and young people who do want
to go into mining are worried they won't be able to find
reliable, long-term employment. For our employers, employees,
mining communities across America, and our national security, I
believe it is important to educate miners and keep jobs open
for them.
The Mining Schools Act of 2023 is a crucial step in the
right direction toward helping the mining industry. As America
moves to a greener, more electric future, we will need U.S.
mining production more than ever to meet the rising demand of
clean energy's rare earth minerals.
In an all-of-the-above approach to energy, America can
embrace both new and conventional energy production on a
timeline that works for everyone.
With the mining industry facing more retirements than
graduates, and the steep decline of available mining-related
education in this country, we are facing a crisis that will be
difficult to fix unless we act now. I am horrified to hear that
we have 600 students in mining education and that China has 1.4
million. That should concern everybody in this room.
This makes schools like Montana Tech in Butte, Montana all
the more important. With Montana's abundance of minerals, we
must keep funding and promoting schools like Montana Tech to
preserve our state's prosperity and leave our children a state
that they can be proud of, that they can stay in, that they can
raise a family in.
This bill would establish a competitive grant program to
increase funding to mining schools, as well as recruit students
and support a wide range of programs related to the mining
industry. To win the 21st century, America needs to have people
with the knowledge to do so, and this Act is the first step in
making sure we keep our mining workforce strong and capable.
I am happy to support Representative Owens' bill, and I
encourage all of my colleagues to do the same, and help keep
our mining industry thriving.
Thank you so much. Mr. Chair, I yield back.
Mr. Stauber. Thank you very much.
Representative Kamlager-Dove, you are recognized for 5
minutes.
Ms. Kamlager-Dove. Thank you, Mr. Chair and Ranking Member,
and thank you all for your testimony. I have a few questions.
I would like to start with you, Professor Hammond. You
mentioned that you have one proposed change to the Community
Reclamation Partnerships Act to direct states to incorporate
feedback from the community after public comment and public
meetings. Can you tell us more about why community input is so
important to consider throughout this process?
Ms. Hammond. Yes, thank you.
In part, it is restorative. These communities didn't have a
say in the pollution that has impacted them in the first place.
But more contemporarily, it is important because communities
have good ideas, they have expertise, they have local
knowledge.
So, being sure that not only do they have an opportunity to
share that in a public hearing, or in written comments, but
circling back and responding to significant comments raised is
a way to promote a value in our legal system, which is that
people aren't just given the opportunity to speak, but also
that their views are considered.
Ms. Kamlager-Dove. Thank you for that.
Dr. Copan, Colorado School of Mines says that it is
inspired by the changing needs of society. And one of my
priorities is addressing environmental justice issues and
pollution, often from extractive industries. How is the
university incorporating these concerns into its research and
academies?
Dr. Copan. Thank you so much for that very, very important
question.
It is clear that the mine of tomorrow is not going to look
like the mining process of today, so preparing the next
generation with a holistic view, understanding impacts from the
very beginning of community engagement and involvement in a
potential program all the way through the technology selection
process, understanding, ultimately, the broad impacts on
groundwater and resource utilization overall, with a view to
the downstream closure of the program, of the mine site. So,
the educational process includes all those types of dimensions,
as well as looking at the products that will be delivered from
the mining sector, as well.
So, thinking holistically, looking at systems that involve
the human beings, our communities in these types of decisions,
bringing in a broad interdisciplinary process to the mine of
the future, and it is much more than those technology
questions. It really brings that holistic view, beginning with
the human dimension.
Ms. Kamlager-Dove. Great, thank you. And my last question
is for Mr. Moore.
While I applaud your company's innovation in the lithium
space, I respectfully oppose this legislation, as the Railroad
Valley is essential to NASA's operations, as well as many other
satellite operators who provide important data on a huge range
of issues like Earth's water cycle, atmosphere, land, snow,
ice, climate change, natural disasters, and carbon dioxide.
In your testimony, you mentioned that you believe there was
a lack of meaningful engagement from Federal agencies. Is that
correct?
Mr. Moore. That is correct.
Ms. Kamlager-Dove. OK. So, my understanding, after hearing
from NASA, BLM, and other stakeholders is that the agencies
followed the letter of the law here, including the Council on
Environmental Quality Guidance, on NEPA. So, given the fact
that my colleagues on the other side of the aisle have been
working to weaken NEPA, I just want to know your thoughts on
the importance of having comprehensive environmental reviews.
Mr. Moore. Yes. My thought here is, when I look at the
documents and read the reports, which we get after the fact,
right, the decisions made, then we get access to some things,
and we can read through and see assumptions that are being made
about our project on things that we don't even know yet. And we
don't have enough time to go through the details of what we
could go through in the reports.
But the decisions made, for example, declaring that there
is going to be no economic impact based on this decision, and
really covering that in one sentence, given the fact that there
are trillions of dollars in the ground is, to me, just
questionable, and called for a broader analysis that----
Ms. Kamlager-Dove. I don't want to cut you off, but I would
100 percent agree, even though my colleagues on the other side
of the aisle continue to say that we are taking up too much
time, putting too many pages in these environmental reviews,
and so shorten it or don't even do it.
And I know that my time has run out, but I just thank you
for trying to answer my question.
Mr. Moore. Thank you.
Ms. Kamlager-Dove. With that, I yield back.
Mr. Stauber. Thank you. I am now going to recognize myself
for 5 minutes.
Mr. Moore, I want to begin by sharing that I hear your
frustrations. The Biden administration has arbitrarily taken
political action to stop mining for critical minerals in my
district in northern Minnesota. Just last week, the Army Corps
revoked a Clean Water Act permit for a copper nickel project in
my district which was initially granted by career officials at
the Army Corps 4 years ago. That is after their mineral lease
withdrawal of 225,000 acres in the working Superior National
Forest, where mining is a desired condition.
In your case, the recent withdrawal in Nye County, Nevada
prevents new development on nearly 23,000 acres. But the
withdrawal is not meant to include valid and existing rights.
This should mean that your current claims won't be affected.
However, I have seen how access to mineral rights is often
impacted when the surrounding area is withdrawn, and certainly
a withdrawal changes the circumstances for future production.
What are your chief concerns about how this withdrawal may
affect your existing rights to develop lithium in the area?
Mr. Moore. Chairman, thanks for the question. Part of the
issue is that we don't really understand the rules. We really
don't understand what the rules are for access there.
We have land north. We have land south. OK. We are
proceeding to continue to work on those pieces of land, but we
are still confused about what that means. We have a continuous
pool. We have a brine pool, OK? It is not separated into
separate sections. There is no wall that separates the
segregated area from the other areas. So, the rules around what
we could even do outside the segregated area are a little bit
in question for us, because we just haven't been part of the
process.
So, for us, it creates just the humongous inefficiency and,
to be honest, renders the economic equation questionable
because we can't access the deepest and richest part of the
mineral pool.
And as you said, or as Congressman Amodei said, the
question as to whether you have valid, existing rights is also
one that is a little bit nebulous to us, right? We certainly
don't want to get into a 10-year process to figure this out.
Mr. Stauber. Well, the mine in Minnesota is on its 20th
year.
Mr. Moore. Yes, OK.
Mr. Stauber. Anyhow, Mr. Wood, can you discuss why NGOs
like Trout Unlimited would be unlikely to participate in large-
scale abandoned mine clean-up without the liability protection
provided in the Community Reclamation Partnerships Act?
Mr. Wood. Yes, thank you. Just one clarification. We are
talking about largely smaller-scale projects. These aren't
Superfund-type cleanups. These are straightforward construction
projects.
The challenge that we have is that, as I said in my
testimony, we can recover a stream to perhaps 95 percent of
Clean Water Act standards, make it swimmable, make it fishable,
make it darn near drinkable, maybe even drinkable. And we may
be able to spend a few hundred thousand dollars on that work.
But to get it that extra increment of 5 percent, it might be $1
million or $2 million, and No. 1, we don't have that.
And then the Clean Water Act also would require that we
perpetually treat those systems. A lot of these hardrock
systems, you can walk away from. You dig a ditch, you line it,
you take a bulldozer, you bulldoze the tailings, line it, put
parent material on it, dig a French drain, and you can walk
away. But when you are talking about a lot of these coal
systems, you have to perpetually go back in and reconstruct the
passive treatment systems. And forever is a long time for a
non-profit.
Mr. Stauber. So, don't let perfect be the enemy of a real
good.
Mr. Wood. In short, yes.
Mr. Stauber. Dr. Copan, in your experience what have been
the biggest deterrents over the past two or three decades
keeping students away from the mining-related fields?
And how does the Mining Schools Act help break down those
barriers?
Dr. Copan. Thank you so much for that question, Mr.
Chairman. There are a number of factors that are important at
play.
One is the image of the industry itself. And with the
advent of the Mining Schools Act, we have the opportunity to
provide new scholarship programs, to provide some greater
prestige to entering this industry in the first place. It will
take a holistic process that includes industry and, certainly,
with the support of government, to ensure that the Mining
Schools Act actually achieves its goals.
There was a study recently by McKinsey that showed the
challenge of the attitudes toward the mining sector that
ultimately need to be overcome, as well.
Mr. Stauber. Describe to us in the next 10 seconds the
image of mining. You had mentioned that in your first comment.
Tell me what the image of mining, outside mining territories
like northeastern Minnesota, what is the image?
Dr. Copan. The image is one of a dirty industry, one that
has been polluting and uncaring about the environment. In many
cases, this is a legacy issue that does not recognize a high
technology industry that involves artificial intelligence and
advanced robotics, even laparoscopic strategies that are being
used for subsurface resource development. So, that legacy image
persists, and we see it persisting in our public media today,
as well.
Mr. Stauber. We had a member of this Committee distribute
some, what I would call anti-mining studies, and the most
recent was from 1985, and it was back to the 1800s. Of course,
right? Of course, the technology has grown. So, I just really
appreciate that.
And I want to thank Trout Unlimited and other groups like
yours that have the potential to do great work here.
And Mr. Copan, thank you. I appreciate the work that you
are doing to support our mining sector and train and educate
our mining workforce for the future.
My time is up, and I am going to yield to my good friend
from Michigan, Representative Dingell.
Mrs. Dingell. Thank you, Mr. Chairman. I think this hearing
is a really important hearing, because I deeply care about this
subject. I want to find our common ground.
One of my priorities is ensuring that we, as a country, can
reach our full potential in the build-out of clean vehicles,
including battery electric vehicles. And mining is clearly,
very important to that.
Professor Hammond, we know that our current mining law
hasn't been meaningfully updated in 150 years. Many feel that
it tips the scales toward mining companies and away from
communities who want to have a say in the decision-making if we
are going to build a robust and enduring mining industry in the
United States that will support the critical minerals we need
to build the vehicles of the future.
In your testimony, and building on what our Chairman was
talking about as well, you mentioned that today's miners need
to know more than just science and engineering. They need to
know how to engage with communities, which is something that
really matters.
Professor Hammond, can you expand on this a bit more? How
can miners and mining companies with more knowledge about the
communities they seek to operate in improve the process of
everyone involved?
Ms. Hammond. Thank you for that question.
Good communicators can facilitate conversations where
information flows in both directions, where people are speaking
respectfully with each other and, ultimately, are reaching
better decisions than would be reached unilaterally by any of
the parties at the table.
For so often in this sort of history, communities have been
told what is happening after it has happened. They haven't been
invited to partner in decision-making in the first place. So,
encouraging that as an aspect of higher education with the
Mining Schools bill, I think, would be a really great area to
direct some of this funding.
Mrs. Dingell. Thank you. And again, building on what my
colleague said, we want to work together, in case you can't
tell.
Dr. Copan, in your testimony you mentioned the need to
improve the perception of mining, make it a more attractive
profession with positive relationships in society and a
minimized environmental impact. Can you expand on why this
positive relationship is important, and how you plan to
encourage improvements in this area through education?
Dr. Copan. Thank you so much for that question. It is
absolutely essential for dialogue to take place that is
informed, and that opens up genuine understanding amongst the
parties.
Community engagement is actually integrated within our
educational process involving sociologists, anthropologists,
economists, and psychologists who actually are looking at all
those human dimensions that I described in my testimony. It is
important to bring together the understanding of what the
industry means to the economy, what it means to our future, and
to our national security as part of this broader dialogue.
And I believe the other important dimension is to ensure
that the technology studies are brought holistically together
with an understanding of impact on environment, science and
technology, and society, and the exciting new dimensions of
this industry for materials development and processing,
beginning with the minerals that we rely upon. It is an
exciting, high-technology industry, and dealing with that image
is going to be a very important part of ensuring that this Act
is a success in partnership.
Mrs. Dingell. Thank you.
Mr. Chairman, they have called votes, and I know we have
another Member to ask questions, so I would like to do another
question on the record about the circular economy so we can
make this a win-win.
But with that, I will yield back.
Mr. Stauber. That is very kind of you. The Chair now
recognizes Representative Gosar.
Dr. Gosar. Thank you, Chairman.
Dr. Copan, I have a direct relationship with the Colorado
School of Mines. My dad graduated from there in geology, and so
did my sister. So, we are very, very well aware of your school,
and thank you for being excellent.
You made the comment about holistic approach. We are
actually doing that right now. Are you familiar with the
Resolution Copper Mine?
Dr. Copan. Yes.
Dr. Gosar. Can you tell me a little bit about that? Because
they actually made the water cleaner than they received it.
They have dialogued with local communities. They have looked at
every possible aspect. So, how does that compare to the image
that we are fighting from the past?
Dr. Copan. Thank you so much for that question. I am
delighted you come from such a smart family, and I really
appreciate the work that you have described, the Resolution
mining program.
And I do believe that taking this approach that considers
all aspects of the operation, that begins with the resource,
but understanding the people and the communities that are part
of the dialogue, looking at all aspects of the natural
landscape and topography, what is this going to look like once
the project is done and during its operations?
I think the philosophy that we are talking about here is
one that not only re-imagines the industry, but also helps to
communicate it in that much more positive way, that is looking
ultimately to the environment, to the aspects of water use and
recreation, understanding that we have this relationship with
our Earth that we need to preserve for generations to come.
So, looking at this as a new dawn for the industry also
will begin with the new people that we bring into the sector. I
am excited about the Mining Schools Act and the related
conversations today because the next generation is going to
also define what holistic utilization of our resources is going
to mean for us.
Dr. Gosar. Both you and Dr. Hammond have expressed the
communication aspect, and part of that is, when you grow up
with it, to be honest with you, when I was growing up I hated
rocks. I will just be very frank. I love rocks now, because
they set you free. They tell the story. You would both be happy
to know that in my district, at the Bullhead City Public
Schools, they actually teach geology, so when you touch it, see
it, feel it, and are taught about it, it makes a big, big
difference.
So, Chris, I would be remiss if I didn't talk to you, Mr.
Woods. When we look at mitigation of joint aspects, isn't there
a way that we can actually work on things like taconite
recovery, other sites, and leaving coal aside, where we get the
biggest bang for our buck?
And we also have to look at transparently and flexibly, in
that maybe it is not dollars and cents, but there is work,
people actually do the work. Do you see a remedy for mitigating
these abandoned mines?
Mr. Wood. Well, I do think that there is a great American
jobs program waiting to be started by cleaning up abandoned
mines. There is no shortage of them in America. Some estimates
are that there are half a million abandoned mines. We have
estimated that about 100,000 negatively affect trout streams,
because we have a parochial interest.
But I do think that there is a future where we can make our
waters cleaner, we can make them more swimmable, fishable,
drinkable, and create lots of substantial jobs in the process.
Dr. Gosar. Mr. Moore, there is something unusual about the
West, right? I mean, there is a lot of Federal estate. The
equal footing clause basically stated that any estate west of
the Mississippi that came in should get the same kind of
contract as the Eastern states.
And Arizona and Nevada are very, very similar in the fact
that we took the Federal estate, in fact, it was forced on us
in lieu of the multiple-use doctrine of the land. How does that
withdrawal affect you? How much is Federal land?
Mr. Moore. All of it.
Dr. Gosar. So, the whole state is almost 60 percent
Federal.
Mr. Moore. I think it is 80, 83 or something. We have
37,000 acres under lease, the largest lease claim ever
assembled in Nevada. And this withdrawal takes a third of that.
It is almost perfectly in the middle, perfectly.
Dr. Gosar. Now, there is some new technology coming out in
regards to retrieval of these minerals, and making it more
advantageous to get everything out of that. And I know of one
that has gone through proof of concept, and now is looking at
scale, where it is very green, you are getting everything out
of the matrix of the ore, it is pulverized, you get a bar that
you actually separate everything out of.
How is that technology? I mean, I think a number of you
have expressed that this new technology, the boom that is
coming with AI, robotics, all this. Tell me about that,
nuances.
Mr. Moore. There are a lot of companies out there currently
chasing that market, a lot of them.
It really comes down to your type of brine will dictate
what kind of company you are going to partner with. We are
partnering with three or four different companies, having them
look at the brine. There are a lot of companies with simpler
brines than we have, which are less mineral content, like in
the Smackover and those kind of places.
But our project is fairly unique, in that we have a super-
brine, which is 38 percent salt. You can't use this water for
anything else. So, yes, the technology has come a long way in 3
years. Is it commercially deployable right now? It is not
large-scale, commercially deployable. But, again, we are 3
years from producing lithium, right? We have to go through
NEPA, and go through all the stuff we have to go through. But
that technology is moving quickly, and thank you for your
supporting a lot of that, quite honestly.
Dr. Gosar. I yield back. Thank you very much.
Mr. Stauber. Thank you very much. Before we wrap it up, I
would like to submit for the record a statement from the
National Mining Association in support of the Mining Schools
Act; a Wall Street Journal article titled, `` `War for Talent'
at Mines Could Drive Up Cost of Energy Transition,'' published
June 8, 2023; and submitted on behalf of Mr. Amodei, a letter
from Nye County in support of H.R. 3883.
[The information follows:]
Statement for the Record
National Mining Association
on H.R. 2685, ``Mining Schools Act of 2023''
On behalf of the National Mining Association (NMA) and the nearly
1.3 million hard-working men and women directly and indirectly employed
by the mining industry, we express our strong and continued support for
the Mining Schools Act of 2023 (H.R. 2685). Modern mining depends on a
21st century workforce that drives innovation, continues to prioritize
health and safety while working to reduce environmental risk, and
supports the communities where we live and work.
This bipartisan and bicameral legislation supports recruitment and
education opportunities for engineers and other qualified professionals
in the field of mining through a competitive grant program established
by the Department of Energy, in consultation with the Department of the
Interior. It further strengthens programs related to exploration,
extraction, processing, refining, reclamation and reprocessing
technologies for hardrock minerals and coal products to reduce U.S.
dependence on foreign energy and mineral supplies.
As our global energy and mineral demands continue to increase at a
rate never before seen, we must recruit, educate, train and develop
tomorrow's workforce today, giving them the tools they need to develop
a secure domestic supply chain that will deliver economic and national
security for future generations. The mining industry is a highly
technical field that already employs leading technologies in autonomy,
mobility, active safety, and advanced data and analytics. These
capabilities require a more technical workforce yet attracting and
retaining great talent is a challenge.
The Mining Schools Act of 2022 helps to bridge the generational
workforce gap by ensuring the next generation of miners continue to
develop their skills alongside technological advancements, driving
innovation and improving best practices.
From grant funding to cutting-edge research programs, we urge you
to support this bipartisan legislation and this essential workforce.
______
`War for Talent' at Mines Could Drive Up Cost of Energy Transition
Companies wrestle with labor shortage as Washington tries to bolster
domestic metals output
Wall Street Journal, June 8, 2023 by Hardika Singh and David Uberti
https://www.wsj.com/articles/war-for-talent-at-mines-could-drive-up-
cost-of-energy-transition-30b927eb
*****
Wall Street is betting a labor shortage across the U.S. mining industry
will drive up prices for the array of metals needed for the transition
away from fossil fuels.
The crunch spans engineers who design job sites, miners who extract raw
metals and the truck drivers who haul them away for processing. It is
another headache for producers already struggling to supply the
materials needed for electric vehicles, solar panels and wind farms.
``It is a war for talent,'' said Mel Sanderson, president of North
America at American Rare Earths, which has projects in Wyoming, Arizona
and Nevada.
Multinational companies and startups alike are competing for labor with
more generous benefits and sustainability commitments to rehabilitate
the industry's image for dirty and sometimes dangerous work. Adding to
the hiring hurdles: Workers often need to relocate to remote job sites.
U.S. mining employment, seasonally adjusted
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Note: All jobs across coal, metal ore and nonmetallic mineral
mining
Source: U.S. Bureau of Labor Statistics
The push comes as the green-energy transition is expected to jack up
demand for mined materials and the U.S. works to increase domestic
production and reduce reliance on metals-rich China. Some investors say
the challenge of meeting those goals will power higher prices for
commodities such as copper, lithium, nickel, tin and zinc in coming
years.
``Who wins here? The price of the metal,'' said Luke Oliver, head of
climate investments at KraneShares, who is invested in metals through
futures. ``We don't think supply can keep up with demand.''
Metal prices are down from last year's record highs, dragged lower by
China's unexpectedly weak reopening after stringent Covid-19 lockdowns.
The S&P 500 index's materials sector, which holds shares of mining
companies, is one of the worst performers this year.
But many analysts expect a rebound. Citi expects labor shortages,
permitting challenges and other issues will propel lithium prices
higher by as much as 40% by year's end. It forecasts copper will jump
50% by 2025, noting that it is less vulnerable than some other metals
to recent innovations for electric-vehicle batteries.
Prices for base metals trading in London, change since end-2019
Source: FactSet
Many established mines are already contending with decades of
underinvestment, and companies say that labor shortages could further
threaten their ability to increase output.
``It is just a significant matter in the U.S.,'' Freeport-McMoRan chief
executive Richard Adkerson said during a recent earnings call. Shares
of the company, which is based in Phoenix, are down 1.1% this year.
The warnings come after a yearslong pullback in U.S. mining. The
overall industry's seasonally adjusted head count shrank by nearly 39%
since 1990 as power generators turned away from coal, according to the
Bureau of Labor Statistics. Colleges and universities have struggled to
rebuild the depleted talent pipeline.
``The problem is that talent isn't lying around waiting to be paid
more--there just isn't enough of it,'' said Andrea Brickey, an
associate professor of mining engineering and management at the South
Dakota School of Mines & Technology.
Rylan Nemesh, a 22-year-old mining engineer, received half a dozen job
offers before graduating from West Virginia University. He opted for a
company that produces building materials and offered him a $7,500
signing bonus and company truck.
``When people say `mining,' it's not exactly the prettiest thing in the
world,'' he said. ``But it is insanely technologically advanced
nowadays.''
Lithium Americas, which is sitting on perhaps the country's largest
lithium deposit, joined with a coal firm to help design and eventually
staff its forthcoming Thacker Pass mine in northern Nevada.
``You don't need lithium people, per se,'' said Jonathan Evans, chief
executive of Lithium Americas. ``You need chemical-processing people
and mining people.''
The company has the advantage of a $650 million investment from General
Motors, providing more certainty to potential employees than many other
projects. Its shares, listed in Canada, are up 10% this year.
``The quicker you move and contract people, the better,'' Evans said.
______
Submission for the Record by Rep. Amodei
NYE COUNTY
Office of the County Manager
June 12, 2023
Hon. Mark Amodei
U.S. House of Representatives
104 Cannon House Office Building
Washington, DC 20515
Re: Nye County Letter of Support for H.R. 3883 and H. Res. 478
Dear Congressman Amodei:
On behalf of Nye County, I am writing to express our strong support
for H.R. 3883 and H. Res. 478 and to thank you for your leadership in
this effort. Both these measures support the termination of the Bureau
of Land Management's Public Land Order No. 7921 which withdrew over
22,000 acres of land in Nye County in the Railroad Valley at the
request of NASA. Our opposition is based on three facts. First, the
Public Land Order was issued despite the failure of NASA to allow Nye
County to participate in the proceeding as a Cooperating Agency.
Second, the Public Land Order eliminates the ability for the county and
the private sector to develop new mineral resources--minerals that are
critical to the nation's renewable energy future. Third, the withdrawal
is unnecessary. NASA has operated for decades in the Railroad Valley.
There is no evidence that anything has changed that requires NASA to
now withdraw the land. Together, these points make an overwhelming case
to pass both H. Res. 478 and H.R. 3883 to disapprove of Public Land
Order No. 7921. I will discuss each of these points in more detail
below.
1. NASA refused to allow Nye County to participate in the NEPA process
as a Cooperation Agency.
There is a long-time precedent for Nevada local governments to
participate in federal actions that would significantly impact
the lands under their jurisdiction. Nye County formally
requested to become a cooperating agency in a letter dated July
20, 2021. Quite frankly we expected the request to be granted
quickly, given that NASA has been operating in Railroad Valley
for decades with the cooperation and support of the county. As
a cooperating agency, Nye County would have had access to all
the relevant information developed for the withdrawal. More
importantly, the county would have helped assess the mineral
potential in Railroad Valley. NASA denied the request made in
the letter and again denied the county's subsequent requests
made in public meetings. Even more disturbing, NASA also denied
the request made by Congressmen Amodei and Horsford and
Senators Rosen and Cortez Masto. There was simply no need for
NASA to run roughshod over the county and its Congressional
representatives. The request made by the county to be a
cooperating agency was a very reasonable request, and its
denial was patently unreasonable. It also severely damaged the
working relationship between NASA and the county.
2. Public Land Order No. 7921 ends the opportunity for the county and
the private sector to develop new mineral resources.
Public Land Order No. 7921 is subject to existing valid mining
rights; however, the PLO also eliminates the ability to develop
new mineral resources. A Bureau of Land Management (BLM) study
released in May 2022 identified the potential existence of
three highly critical minerals in the Railroad Valley. They are
barite, lithium, and magnesium. The demand for these minerals
is exploding as they are essential to the growth of the
renewable energy sectors. Specifically, lithium is used in the
production of batteries for electronic vehicles. The US does
not produce nearly enough lithium to meet its needs. The
country cannot afford to take a very promising source of
minerals off the table.
3. Public Land Order No. 7921 is unnecessary.
Nye County was surprised when NASA applied for the withdrawal.
NASA has been operating successfully in Railroad Valley for
decades. Due to the topography and geology of Railroad Valley,
NASA has used the land to calibrate its satellites. To the best
of our knowledge, there has never been a problem. The county
always supported NASA in its operations. As part of the
withdrawal process, the county asked NASA on several occasions
what had changed that required a massive land withdrawal at
this time. It never got an answer. However, to reassure NASA
that the county wanted to support it, the county offered to
enact zoning legislation to minimize any impacts on NASA of any
future mineral development. The county has always been a good
partner of NASA. NASA failed to make the case that it needed
the withdrawal was needed.
Withdrawing 22,684 acres is not a minor action on the part of the
federal government. Before it is done, it is essential that the local
governments and communities be involved in the process so that they can
protect the interests of their residents. NASA failed to do this, and
the BLM's approval of the request was also improper. For that reason,
we strongly support both H. Res. 478 and H.R. 3883.
Sincerely,
Tim Sutton,
Nye County Manager
______
Mr. Stauber. And Mr. Copan, you talked about Mr. Gosar
going to a great mine school. I will just let you know Michigan
Tech in Houghton, Michigan is one of our 14 mine schools, and
my oldest son attends there. He has his mother's brains,
though, I can tell you that.
[Laughter.]
Mr. Stauber. With that, I appreciate it.
And then I want to let you all know that mining is--I talk
about mining, the history of mining in northeastern Minnesota.
I just want to share this quickly with you. Mining is our past,
our present, and our future. And our future is bright not only
in taconite mining, but now critical minerals mining. And I
will let you all know that the cleanest water in the great
state of Minnesota is in the heart of mining country.
Dr. Gosar. Mr. Chairman?
Mr. Stauber. Yes.
Dr. Gosar. Can I clarify one statement?
Mr. Stauber. Go ahead.
Dr. Gosar. I didn't go into geology, but I went into micro-
engineering and mining, and it was called dentistry.
[Laughter.]
Mr. Stauber. OK.
I want to thank you all again.
The members of the Subcommittee may have some additional
questions for the witnesses, and we will ask you to respond to
these in writing. Under Committee Rule 3, members of the
Committee must submit questions to the Committee Clerk by 5
p.m. on Monday, June 19. The hearing record will be held open
for 10 business days for these responses.
If there is no further business, without objection, the
Committee stands adjourned.
[Whereupon, at 2:44 p.m., the Subcommittee was adjourned.]
[ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD]
Submissions for the Record by Rep. Ocasio-Cortez
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
November 14, 2022
The Honorable Tanya Trujillo
Assistant Secretary for Water and Science
Department of the Interior
1849 C Street, N.W.
Washington DC 20240
Dear Assistant Secretary Trujillo:
This letter is written in support of NASA's request to withdraw
BLM/DOI federal land at Railroad Valley (RRV), Nevada.
The Railroad Valley desert has been developed over the last few
decades as one of the best ground reference sites for vicarious
calibration of satellite radiometer calibration and validation,
especially for high spatial resolution radiometers. The Railroad Valley
site is a NASA-funded, instrumented validation site, for the solar band
radiometric validation of imaging radiometers. Imaging radiometers
measure the absolute radiated power emitted by a section of the ground,
and the absolute accuracy of these instruments ensures the information
from the measurements accurately portrays the ground environment. The
RRV site has been endorsed by the Committee on Earth Observing
Satellites (CEOS)/Working Group on Calibration/Validation (WGCV) as one
of the four Radiometric Calibration Network (RadCalNet) sites
worldwide. Located near Ely, NV Railroad Valley has about 10 x 10 km
usable area and the in-situ measurements at the site make it uniquely
qualified for satellite radiometer calibration/validation.
At NOAA, the Railroad Valley site is used routinely to analyze and
monitor the radiometric performance, such as stability, accuracy, and
long-term trends, of the Visible Infrared Imaging Radiometer Suite
(VIIRS) instrument on NOAA's Suomi NPP, NOAA-20, and NOAA-21
operational weather satellites. It is also in NOAA's interest as a
principal member of CEOS to support satellite earth observations and
coordinated cal/val efforts. In addition to its use for VIIRS, this
site is an important asset to the constellation of high resolution
sensors (30 m and better), such as Landsat and commercial satellites
for which NOAA has an increasing interest.
Sincerely,
Stephen M. Volz, Ph.D.,
Assistant Administrator for Satellite
and Information Services
______
Planet Labs Inc.
San Francisco, CA
July 22, 2022
National Aeronautics and Space Administration
300 E Street SW
Washington, DC 20546
To Whom It May Concern:
Planet appreciates the opportunity to comment on the Draft
Environmental Assessment for Land Withdrawal Application in Railroad
Valley, Nevada (Draft EA) and Planet would like to express its support
of NASA's proposed alternative to withdraw the land. Planet strongly
opposes changes to this critical and unique national asset and supports
continuing to protect and preserve this site. The Railroad Valley site
is essential to Planet and other national and commercial Earth
observing satellite systems to maintain radiometric calibration and
ensure our imagery is accurate for our commercial, civil, and national
security users.
Planet is one of the world's leading Earth imaging satellite
companies. Based in San Francisco, we have been imaging the entire
landmass of the world everyday for the past 6 years. This data is
licensed to a wide variety of commercial and government customers.
Seventy percent of our business is on the commercial side where we
provide daily imagery to customers across many sectors including
agriculture, energy and land management, emergency management,
infrastructure, insurance, finance, security, scientific research and
education. We also provide data to government customers including Earth
scientists and researchers across the U.S. Government and the
intelligence and defense community. Our imagery enables governments,
agencies, communities, companies, and individuals to make better data
driven decisions.
Critical to our ability to provide accurate imagery and data to our
customers is our ability to calibrate our fleet of over 200 satellites.
The Railroad Valley site is essential in this process and is used as
both a pseudo invariant calibration site as well as leveraging the data
that the RadCalNet station on the site produces. As laid out in section
1.1.1 of the Draft EA, Railroad Valley is a unique and critical site
that enables Planet and other Earth imaging assets to calibrate and
maintain effectiveness as a provider of remote sensing data for the
world. Planet uses Landsat, Terra and Aqua data for radiometric
calibration, atmospheric correction and derived data products like
Planet Fusion Monitoring and Planet Basemaps.
Planet started radiometric calibration in 2016, with two of our
initial test ``Dove'' satellites. Since then we have individually
calibrated over 250 satellites. Radiometric calibration is how we can
convert measurements from our satellites to a physical unit of energy.
This allows the data from our satellites to be easier to use and
comparable with other satellites. For the process of radiometric
calibration, we are reliant on well-characterized and stable sites that
do not change over the years, generally called a pseudo invariant
calibration site. This stability allows us to isolate changes in our
satellites over time. The fact that Railroad Valley has been studied
and characterized for over thirty years means we can take into account
differences between satellite instruments for the purposes of our
calibration. This is key in allowing us to leverage public missions
from NASA and others that have advanced on-board calibration
capabilities and transfer their calibration to our satellites. Our
satellites have a wide variety of instruments on them so this aspect is
also important when comparing different Planet satellites (Figure 1).
Railroad Valley's use from the very first calibrated Dove to the latest
SuperDove allows us to provide a continuity of metrics. Any alteration
of the site would degrade our ability to provide accurate radiometry
and break this link from our very first calibrated satellites to our
current and future satellites.
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Figure 1--Showing the different spectral bands for the satellites
that Planet currently operates.
With the Railroad Valley Site also being used by reference missions
like Landsat 8, Landsat 9, Sentinel-2 and other programs, protection of
this site is critical to allow for data fusion work in science and
industry across data sources. The calibration Planet and other
commercial Earth observing satellite systems do using the site ensures
data from early Landsat and other missions decades ago can be used
along with additional commercial data being collected today to enable
new scientific understanding. This effectively multiplies the
scientific impact of NASA's own missions as long as the Railroad Valley
site is protected.
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Figure 2--The calibration sites that Planet uses across the world.
Planet uses a set of 27 calibration sites across the world (Figure
2). All these sites are important to our calibration process but
Railroad Valley is the only one in the USA that is easily accessible.
Figure 3 shows the amount of data for each calibration site as a
proportion of the total calibration data for our newest satellites
(Block 3 Skysats) launched in 2020 and shows how significant the
Railroad Valley site plays in the calibration of these satellites.
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Figure 3--The calibration data for Skysat Block 3 satellites
separated by calibration site between September 2021 and
January 2022. RRV denotes Railroad Valley.
Railroad Valley also has a RadCalNet station on the site. This
provides an automated source of ground measurements, which can act as a
source of truth to validate our measurements. The fact that RadCalNet
is an open and widely used data source means it is a great tool to
create publicly understandable and verifiable accuracy estimates.
Railroad Valley is only one of four RadCalNet sites in the entire
world. Figure 4 shows the proportion of RadCalNet data from all the
SkySat satellites over a one year period (September 2020 to December
2021) that comes from Railroad Valley.
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Figure 4--The amount of RadCalNet data for all SkySat satellites
between September 2020 to December 2021, split by site, that is
used for public validation estimates.
The Draft EA also includes discussion of alternative calibration
methods in section 2.3.1.
Planet engages in several calibration methodologies, including an
extensive lunar campaign continuously since 2016. Planet satellites do
not have on-board calibrators due to numerous factors including size
constraints. Despite having numerous approaches to calibration, the
absolute radiometric calibration of the Planet satellites (Dove
Classic, Dove-R, SuperDove and SkySats) all use data from well-
calibrated reference satellites that rely on Railroad Valley for their
own absolute calibration.
As you know, calibrated data is of utmost importance for scientific
research. It allows data across disparate satellites to be used
together, such as Planet's Doves and NASA/USGS Landsat data, creating a
cohesive network of information. Calibration is also critical for any
reliable quantitative analysis of the data, because it allows real
changes on the surface of the Earth to be distinguished from variations
in imaging conditions on the ground, in the atmosphere, and onboard the
satellite. Accurately monitoring change on Earth cannot be accomplished
without well-calibrated data.
We thank you again for your work in protecting the unique and
critical role the Railroad Valley site plays for remote sensing and
Earth imagery. Railroad Valley is a unique national resource and is
critical to maintain accurate measurements of our world. As our nation
becomes ever more impacted by an evolving and changing environment, it
is critical to have reliable and accurate data and imagery of our
planet to enable communities to make better data-driven decisions.
Thank you for your consideration,
Ashley Johnson,
Chief Financial Officer
______
United States Department of the Interior
U.S. Geological Survey
October 31, 2022
MEMORANDUM
TO: Tracy Stone-Manning--Director, Bureau of Land Management
FROM: David Applegate--Director, U.S. Geological Survey
Re: National Aeronautics and Space Administration's Railroad Valley
Playa Calibration Site Withdrawal Request
The U.S. Geological Survey (USGS) would like to submit the
following memorandum in response to the Notice of Application for
Withdrawal Nye County, Nevada ([FR Doc. 2021-08881) submitted by the
National Aeronautics and Space Administration (NASA) requesting the
Secretary of the Interior to withdraw and reserve lands at the Railroad
Valley Playa (RRV) Calibration Site in Nye County, Nevada, from
operation of public land laws, including the mining, mineral leasing,
and geothermal leasing laws to preserve the surface integrity of the
playa for NASA's satellite calibration purposes. This memorandum
provides information about the uses of the site for remote sensing
calibration and validation and a summary of USGS knowledge of lithium
and other geologic resources at the site.
The USGS National Land Imaging (NLI) Program supports remote-
sensing science needs within the USGS, the DOI, and the nation. NLI
builds international Earth observation partnerships; interacts with the
aerospace and remote sensing industries; coordinates satellite imagery
requirements and acquisitions across the Federal Government; and
develops and maintains bilateral agreements with foreign countries in
the development and operation of world-wide remote-sensing
capabilities. NLI sets the programmatic requirements for the management
and operation of Landsat 7, 8, and 9 and the development of future
Landsat satellites and other systems.
The RRV Calibration Site in Nye County, Nevada, is one of only five
international sites endorsed by the Committee on Earth Observation
Satellites (CEOS) Radiometric Calibration Network. The RRV is the only
site in the U.S. that satisfies all the requirements for a natural
calibration target. It is located within the continental U.S. and
therefore offers security not found at international sites. It is
homogeneous (color, texture, and flatness) over a large enough area to
accommodate large-footprint sensors. This heavily instrumented, well-
characterized site has been used for decades by civil, commercial, and
international Earth observation satellite missions. University of
Arizona personnel, funded by NASA and the USGS, have continually
performed field campaigns at the RRV for more than two decades,
enabling a full characterization of the playa's surface and the
atmosphere above it in all types of weather and seasonal change. The
geomorphological characteristics and the two decades of continuous site
characterization have resulted in a unique calibration site. The USGS
has invested more than $4 million over this timeframe and expends
several hundred thousand dollars a year to sustain it. The information
collected at the site is provided to the public for free and helps all
satellite operators, whether government or non-government, domestic or
international, assess sensor performance against a known standard and
allows satellite operators to update their image-processing systems to
correct for space-based instrument degradation. Current users of the
RRV include the USGS, NASA, National Oceanic and Atmospheric
Administration (NOAA), and European, Japanese, Indian, Chinese,
Brazilian, and commercial Earth observation satellite missions.
The site is important in the current validation and scientific
traceability of the USGS Landsat Program (Landsat 8 and 9) as there is
no other location in the U.S. that serves in this capacity. The site
will also be useful to future NASA/USGS Sustainable Land Imaging (SLI)
satellites, such as Landsat Next, the replacement to Landsat 8, now
under development. Disturbance to the pristine surface of RRV could
negatively impact the viability of the site as a calibration reference
by introducing discontinuities in the previously homogeneous surface
that would change its spectral reflectance. This would result in
nullifying the historically derived spectral response of the site and
require additional surveying or potentially abandonment of the site,
impacting the ability to validate the scientific quality of data from
Landsat and other satellite missions. The following table lists current
and planned space missions using the RRV along with the spatial
resolution ``footprint'' of each mission sensor and the corresponding
area of land required at the RRV site to viably conduct calibration.
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Table 1: Space Missions Using the RRV with Resolutions and
Areas
(Source: NASA)
The USGS Mineral Resources Program and Energy Resources Program
study mineral and energy resources across the Nation, including in the
RRV and the surrounding area, in part based on use of the Airborne
Visible/Infrared Imaging Spectrometer (AVIRIS) that is also used at the
RRV to provide calibration data for GOSAT. The RRV is the site of the
first (1954) and most productive (more than 48 million barrels
extracted to date) oil fields in Nevada. Annual production has declined
from a peak of more than 3 million barrels of oil per year in the late
1980s and early 1990s, to approximately 183,000 barrels in 2020, of
which approximately 1,160 barrels were produced from Sans Spring, the
one active field in the withdrawal application area. It is not known
how changing market conditions could alter the rate of production or
what undiscovered resources may be present, but the existing fields
have been depleted from years of production.
Geothermal energy resources with an average temperature of
approximately 135+C have been identified on a roughly east-west trend
through the withdrawal application area from observations in oil wells.
Although there is significant porosity and permeability, the potential
for electric power generation is limited by the relatively low
reservoir temperature. USGS estimates of the RRV geothermal production
potential give a mean value of approximately 18 MW-electric, which
represents less than 2% of identified geothermal resource potential for
the state of Nevada.
Finally, under a portion of the RRV site, exploration firms have
identified both solid salt deposits and associated brines in the
subsurface sediments at depths between 1000' and 3000'. High lithium
concentrations have not been reported in the public domain for the
brines or associated solid salt deposits. The USGS does not have a
comprehensive national assessment of lithium resources at this time.
Traditionally, lithium recovery from brine employs large ponds on the
land surface to concentrate lithium through evapotranspiration. For
example, lithium brine evaporation ponds at Clayton Valley, Nevada, the
only currently active lithium brine operation in the U.S., covers
approximately 4,150 acres and can hold several billion barrels of
brine. Industry has been developing direct lithium extraction (DLE)
technology, which removes lithium from brine without evaporation and
allows reinjection of the brine without loss to evaporation, but DLE
has not yet been employed on a commercial basis. Until DLE is proven
commercially, new lithium brine operations will likely involve
evaporation ponds and net withdrawal of brine from underground, leading
to subsidence of the land surface.
The USGS is providing this additional information on the remote
sensing uses of the RRV, potential impacts to DOI/USGS Satellite
Operations, and current level of knowledge of geologic and lithium
assessments to support BLM's analysis of the withdrawal request. The
USGS is open to providing additional information or engaging in further
discussion if needed.
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