[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]


                        SECURING SUPPLY CHAINS: ACCESS 
                          TO CRITICAL MINERALS IN THE
                              AMERICAN SOUTHWEST

=======================================================================

                        OVERSIGHT FIELD HEARING

                               BEFORE THE

                       SUBCOMMITTEE ON OVERSIGHT AND 
                              INVESTIGATIONS

                                 OF THE

                     COMMITTEE ON NATURAL RESOURCES
                     U.S. HOUSE OF REPRESENTATIVES

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             FIRST SESSION

                               __________

               Friday, July 21, 2023 in Goodyear, Arizona

                               __________

                           Serial No. 118-51

                               __________

       Printed for the use of the Committee on Natural Resources
       
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        Available via the World Wide Web: http://www.govinfo.gov
                                   or
          Committee address: http://naturalresources.house.gov          
          
                                ________

                   U.S. GOVERNMENT PUBLISHING OFFICE                    
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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			Grace F. Napolitano, CA
Robert J. Wittman, VA			Gregorio Kilili Camacho Sablan, 	
Tom McClintock, CA			    CNMI
Paul Gosar, AZ				Jared Huffman, CA
Garret Graves, LA			Ruben Gallego, AZ
Aumua Amata C. Radewagen, AS		Joe Neguse, CO
Doug LaMalfa, CA			Mike Levin, CA
Daniel Webster, FL			Katie Porter, CA
Jenniffer Gonzalez-Colon, PR		Teresa Leger Fernandez, NM
Russ Fulcher, ID			Melanie A. Stansbury, NM
Pete Stauber, MN			Mary Sattler Peltola, AK
John R. Curtis, UT			Alexandria Ocasio-Cortez, NY
Tom Tiffany, WI				Kevin Mullin, CA
Jerry Carl, AL				Val T. Hoyle, OR
Matt Rosendale, MT			Sydney Kamlager-Dove, CA
Lauren Boebert, CO			Seth Magaziner, RI
Cliff Bentz, OR				Nydia M. Velazquez, NY
Jen Kiggans, VA				Ed Case, HI
Jim Moylan, GU				Debbie Dingell, MI
Wesley P. Hunt, TX			Susie Lee, NV
Mike Collins, GA
Anna Paulina Luna, FL
John Duarte, CA
Harriet M. Hageman, WY

                    Vivian Moeglein, Staff Director
                      Tom Connally, Chief Counsel
                 Lora Snyder, Democratic Staff Director
                   http://naturalresources.house.gov
                                 ------                                

              SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS

                        PAUL GOSAR, AZ, Chairman
                      MIKE COLLINS, GA, Vice Chair
                MELANIE A. STANSBURY, NM, Ranking Member

Matt Rosendale, MT                   Ed Case, HI
Wesley P. Hunt, TX                   Ruben Gallego, AZ
Mike Collins, GA                     Susie Lee, NV
Anna Paulina Luna, FL                Raul M. Grijalva, AZ, ex officio
Bruce Westerman, AR, ex officio


                               ---------
                               
                               CONTENTS

                              ----------                              
                                                                   Page

Hearing held on Friday, July 21, 2023............................     1

Statement of Members:

    Collins, Hon. Mike, a Representative in Congress from the 
      State of Georgia...........................................     2
    Gosar, Hon. Paul, a Representative in Congress from the State 
      of Arizona.................................................     2

Statement of Witnesses:

    Cabrera, Misael, Director, School of Mining and Mineral 
      Resources, University of Arizona, Tucson, Arizona..........     6
        Prepared statement of....................................     7
    Carlson, James R., Chairman, Boundary Line Foundation, 
      Chicago, Illinois..........................................     9
        Prepared statement of....................................    11
    Crim, Steve, Executive Director, Common Sense America, 
      McLean, Virginia...........................................    18
        Prepared statement of....................................    20

    Harrell, Jeremy, Chief Strategy Officer, ClearPath, 
      Washington, DC.............................................    22
        Prepared statement of....................................    24
    Wiita, Craig, President and CEO, Del Sol Refining, Inc., 
      Prescott, Arizona..........................................    27
        Prepared statement of....................................    29

Additional Materials Submitted for the Record:

    Comments left after the hearing..............................    53

    Submissions for the Record by Representative Gosar

        Ernest John Teichert III, Retired Brigadier General, 
          Statement for the Record...............................    54

        L.J. Bardswich, Director, United States Antimony 
          Corporation, Statement for the Record..................    56

    Submissions for the Record by Representative Grijalva

        San Carlos Apache Tribe, Letter to Congress, dated July 
          21, 2023...............................................    57



 
 OVERSIGHT FIELD HEARING ON SECURING SUPPLY CHAINS: ACCESS TO CRITICAL 
                   MINERALS IN THE AMERICAN SOUTHWEST

                              ----------                              


                         Friday, July 21, 2023

                     U.S. House of Representatives

              Subcommittee on Oversight and Investigations

                     Committee on Natural Resources

                           Goodyear, Arizona

                              ----------                              

    The Subcommittee met, pursuant to notice, at 10 a.m., at 
the Goodyear Recreation Center, City of Goodyear Recreation 
Campus, 420 S. Estrella Parkway, Goodyear, Arizona, Hon. Paul 
Gosar [Chairman of the Subcommittee on Oversight and 
Investigations] presiding.
    Present: Representatives Gosar and Collins.
    Also present: Representatives Biggs, Crane, Ciscomani, and 
Lesko.

    Dr. Gosar. The Subcommittee on Oversight and Investigations 
will come to order. I am actually thrilled to be here today in 
Arizona instead of the swampy place that we know as Washington, 
DC.
    I want to thank my colleagues for taking the time to be 
here and to participate in the field hearing.
    Without objection, the Chair is authorized to declare a 
recess of the Subcommittee at any time.
    Good morning, everyone, and I want to welcome those 
witnesses and their guests in the audience today. It is going 
to be a wonderful day to be here, particularly that we are not 
in Washington, DC. It may be hot but it is not humid.
    Under Committee Rule 4(f), any oral opening statements at 
the hearing are limited to the Chairman, myself, and the 
Ranking Minority Member, who is not here. Therefore, I ask 
unanimous consent that all other Members' opening statements be 
made part of the hearing record if they are submitted in 
accordance with the Committee Rule 3(o). Without objection, so 
ordered.
    By the way of introductions, I am Congressman Paul Gosar, 
the Chairman of the Subcommittee on Oversight and 
Investigations for the House Committee on Natural Resources. I 
also represent the 9th District of Arizona. I am grateful to be 
joined today by several Members who represent the great state 
of Arizona and other Members from our Committee who have 
traveled to talk about these important issues.
    Therefore, I ask unanimous consent that the gentlemen from 
Arizona: Mr. Biggs, Mr. Crane, and Mr. Ciscomani, and the 
gentlewoman from Arizona: Ms. Lesko, be allowed to participate 
in today's hearing.
    Without objection.
    To begin today's hearing, I will now defer to my 
distinguished colleague, Congressman Collins, who came all the 
way from Georgia, who will not only serve as my Vice Chair on 
the Subcommittee but does an amazing job representing the 10th 
District of Georgia.
    He traveled all the way here to be with us and actually had 
a big layover last night in Georgia. They had a bunch of 
thunderstorms. So, we are glad to have Mike here and we 
appreciate you spending time here and glad you are with us, 
Mike, and I would like to recognize you for your brief 
statement.

    STATEMENT OF THE HON. MIKE COLLINS, A REPRESENTATIVE IN 
               CONGRESS FROM THE STATE OF GEORGIA

    Mr. Collins. Thank you, Mr. Chairman. I find it amazing 
every time we go west they announce that I am from Georgia, and 
I think you all probably understand that because you all have 
an accent out there.
    [Laughter.]
    Mr. Collins. I appreciate you inviting us and allowing us 
to be here. It is dry and hot out here. I was expecting you all 
to put one of those humidifier type things that would mist me 
so I would feel the humidity that we have along with the hot 
weather in Georgia.
    But, Chairman Gosar, since this is a congressional hearing 
and like all important hearings that we have, I know we are 
going to open up the session as always with the posting of the 
colors and the Pledge of Allegiance.
    So, it is my honor to recognize the Luke Air Force Base 
Color Guard for the presentation of the colors and we also have 
Mayor Joe Pizzillo of the city of Goodyear to lead us in the 
Pledge Allegiance.
    If you would, please rise.

    [Nation Anthem is played.]

    [Pledge of Allegiance is recited.]

    Dr. Gosar. You can have a seat. Thank you, everybody. Now I 
am going to recognize myself for an opening statement. Let's 
start this all over again.

STATEMENT OF THE HON. PAUL GOSAR, A REPRESENTATIVE IN CONGRESS 
                   FROM THE STATE OF ARIZONA

    Dr. Gosar. I am thrilled to be here today. We would 
typically be back in the swamp and it would be nice and humid. 
But today, it is dry and hot. I will take that any day.
    I want to thank each and every one of you for coming out 
today and to listen to an important issue that we need to spend 
some time thinking about, particularly in Arizona.
    One of the great things about this hearing is that there is 
no difference between this congressional oversight hearing that 
we would have in Washington, DC, except for the added benefit 
that this is in a venue right here in Goodyear.
    Our staff, the Members, the cameras, everything here this 
is 100 percent official and it is on the record of history. The 
history we will make here today is to assess, discuss, and 
steer congressional policy on something many people take for 
granted or simply do not understand, the role of critical 
minerals in our daily life. Without such minerals, we would not 
be in a room like this benefiting from the LED lights, air 
conditioning, Wi-Fi, and a host of other amenities.
    Today, we will discuss one of the most important topics 
facing our country, access to critical and hard rock minerals. 
Not surprisingly, given today's hearing location, we are 
focusing on mineral production here in the American Southwest. 
Minerals like copper, lithium, cobalt, phosphate, and dozens of 
others are integral to our modern way of life. They are used in 
almost all high-tech applications, including smart phones, 
satellites, and missile defense systems.
    They are also essential for agriculture, national defense, 
as well as the function of the renewable energies technologies, 
electric vehicles, and battery storage.
    Indeed, rapid growth in the renewable energy technology is 
expected to drive mineral demand up by several orders of 
magnitude, exacerbated by the national goals pledged by the 
Biden administration and other international organizations.
    For instance, if we were to achieve net-zero emissions 
globally by 2050, the world would require a sixfold increase in 
the mining by 2040, sixfold just by 2040. As it stands today, 
the United States has an alarming reliance on foreign nations 
to meet our demands for minerals.
    Our recycling can provide a certain amount of minerals for 
reuse. Today's recycling technologies cannot supply the massive 
volume of resources we need in our near future and demand for 
many of these minerals is predicted to grow exponentially.
    Most alarmingly, today's mineral supply chains both the 
production and the refining levels are unquestionably 
controlled by China. China controls nearly two-thirds of the 
world's critical mineral supply. China is the largest source of 
imports for 26 of the 50 minerals classified as critical by the 
U.S. Government.
    The American Southwest has a rich history of mining and 
will remain a top mineral producing region in America 
particularly for copper, molybdenum--a key agent for steel and 
iron production, uranium, potash, and saleable minerals. I am 
proud to state that Arizona produces the highest value of 
nonfuel minerals out of any state in America at $10.1 billion, 
accounting for 10.31 percent of the total mineral production 
value in America.
    We also produce more copper than any other state, which is 
why most kids in school grew up learning the five Cs: copper, 
cattle, citrus, cotton, and climate. Today, we are known as the 
Copper State.
    Yet, there are so many who oppose mining and seek to shut 
down existing mines and stop new mines. I find their arguments 
for doing so as irrational and beyond comprehension.
    Just this week, we heard about this Administration's rally 
for a new monument in the northern half of our state in large 
part to banning of mining of uranium. The Biden administration 
is part of the irrational and destructive course to stop mining 
in this country and this state.
    Despite the exponential demand for minerals and America's 
dangerous reliance on China for minerals, recent actions from 
the Biden administration have shut down domestic mining 
projects and severely limited America's capacity to meet the 
demands of increased renewable energy sources and the 
challenges posed by China's mineral dominance.
    In March 2021, the Biden administration rescinded the 
previously approved Resolution Copper Mine in Superior, Arizona 
days before it was to transfer thousands of acres of Federal 
property for the project, the project which will fulfill 25 
percent--think about this--25 percent of just the United 
States' demand will be done by this one mine.
    But it has been caught in this regulatory quagmire with no 
end in sight as the U.S. Forest Service has told a Federal 
court that is not sure when or if it will complete the review 
and approve the land swap necessary for the project.
    This is in spite of Congress dictating otherwise. I 
personally championed the Resolution Copper land exchange over 
10 years ago. Congress made it clear and Obama signed it into 
law that this land exchange was to proceed and this mine was to 
start with producing copper. Rest assured if this mine were in 
China, Peru, South Africa, or even Canada we would be seeing 
refining copper 9 years ago.
    In January 2022, the Biden administration stopped two 
decades old mineral leases in the Superior National Forest in 
Minnesota and simultaneously began the withdrawal process of 
225,000 acres of mineral-rich land in the same area from an 
imperative copper-nickel-cobalt mine in the same area.
    Despite union support for the project, the Biden 
administration finalized the withdrawal in January of this 
year. Then just last month, the Biden administration withdrew 
another copper-nickel project in Minnesota. While Biden pays a 
lot of lip service to union jobs on the campaign trail, he 
betrays union workers in the northeast Minnesota. 
Fundamentally, the Biden administration policies betray 
America. There is no good policy outcome for these actions.
    In New Mexico in June of this year, the Biden 
administration withdrew 336,000 acres of public land from 
mineral, oil, and gas development when it arbitrarily created a 
10-mile buffer around the Chaco cultural heritage site.
    The withdrawal was condemned by the Navajo Nation Council 
for jeopardizing the economic future of the area, including the 
immediate impact of over 5,600 Navajo allottees. Just 3 years 
ago, my staff and I went out to the allottees and took their 
testimony with cameras.
    This represents anywhere from $80,000 to $100,000 or more 
for each family, and with the loss of the Navajo Generating 
Station with a coal-fired plant this is one of the only means 
they have for financial services.
    There was no vote by Congress. There was no vote of the 
people allowing any of this. I have met with the Navajo 
peoples, I said, including hundreds of the allottees who were 
financially devastated by this reckless action.
    It is estimated that the 22-year withdrawal would affect 
22,000 allottees, cost current allottees $6.2 million a year in 
royalties, and reduce royalties to the Navajo members by $194 
million over the next 20 years.
    The economic impacts of the withdrawal are calamitous for 
the Navajo people, which has a poverty rate of 40 percent, 
nearly triple the poverty rate of the United States as a whole.
    It is clear the irrationality of the Biden administration 
has no bounds. While there is unprecedented global demand for 
minerals and America is increasingly reliant on the Chinese 
Communist Party for our mineral supply, Joe Biden and his 
cronies are shutting down mineral projects across the nation.
    The anti-mining actions by the Biden administration hurt 
America's economy, threaten our national security, and push 
mineral production abroad where environmental and labor 
standards pale in comparison to our own.
    Let me say that west of us in Yuma, Arizona, and west to 
that is the Imperial Valley of California. These two areas 
combine to produce over 90 percent of the vegetables we eat in 
this country during the winter months from the end of October 
to the end of April. The mineral phosphate is fundamentally 
necessary for the production of nitrogen in fertilizer. Without 
phosphate, we cannot grow our own food.
    What kind of administration would seek to shut down 
phosphate mining? What kind of groups would seek to stop 
phosphate, uranium, copper, cobalt, and other mining operators 
when the evidence is so clear that these minerals will enable 
us to all live?
    In addition to these important issues, today we will 
discuss not only what minerals should be listed as critical 
minerals like copper, and Representative Lesko will shed light 
on her pending bill, but even minerals that are listed to face 
steep hurdles in getting produced in this country.
    Take antimony for example. We were informed that antimony 
was included in the U.S. Geological Survey listing of critical 
minerals in 2017 mainly because of its use in military 
applications. The USGS states that the leading uses of antimony 
are flame retardants; metal products, including lead and 
ammunition; and nonmetal products, including ceramics and 
glass.
    But getting a permit to mine antimony and refine it has 
proven almost impossible. So, we need not only have the 
listings, but the administrative action to follow to get this 
mining approved and to be processed.
    Today, we will expose the irrationality of the Biden 
administration that highlight the access to the minerals we 
have here in America, particularly in the Southwest, if only 
our Federal bureaucracy could just get out of the way.
    Again, I appreciate everyone for being here, taking the 
time out of your busy schedules to be here in Goodyear. Whether 
you are from Arizona or from farther east, we know Arizona is 
hot but we always have a smile for you. So, thank you very 
much, and I yield back.

    Now I am going to introduce our witnesses. First, we have 
Mr. Misael Cabrera, Director of School of Mining and Mineral 
Resources, University of Arizona; Mr. James Carlson, Chairman, 
Boundary Line Foundation; Mr. Steve Crim, Executive Director, 
Common Sense America; Mr. Jeremy Harrell, Chief Strategy 
Officer, ClearPath; and Mr. Craig Wiita, President and CEO of 
Del Sol Refinery.
    Let me remind the witnesses that under Committee Rules, you 
must limit your oral statements to 5 minutes but your entire 
statement will appear in the hearing record.
    We use timing lights. When you begin, the light will turn 
green. When you have 1 minute remaining, that light will turn 
yellow. At the end of that 5 minutes, it will turn red. If it 
hits red, we ask you to please complete your statement but 
summarize very quickly. I will also allow all witnesses to 
testify before they are questioned.
    Now, I am going to recognize Mr. Cabrera for 5 minutes.

  STATEMENT OF MISAEL CABRERA, DIRECTOR, SCHOOL OF MINING AND 
   MINERAL RESOURCES, UNIVERSITY OF ARIZONA, TUCSON, ARIZONA

    Mr. Cabrera. Thank you, Mr. Chair and members of the 
Committee. My name is Misael Cabrera, and I am the Director of 
the School of Mining and Mineral Resources at the University of 
Arizona. The school was formed to address the pressing need for 
a sustainable supply of critical minerals. We do this through 
industry-advancing research and by developing the 
interdisciplinary mining and minerals workforce of tomorrow.
    Prior to this appointment, I served in the position of 
Director of the Arizona Department of Environmental Quality. 
Today, I am not speaking on behalf of the university. In fact, 
my comments are based largely on nearly 30 years of experience 
as an environmental professional.
    Low-carbon energy technologies like solar panels, wind, and 
geothermal are significantly more mineral intensive than fossil 
fuel technologies. Under the International Energy Agency's most 
aggressive scenario, total demand for mineral resources will 
grow by as much as 3.5 billion tons by the year 2050, and 
demand for cross cutting minerals like copper, which is 
prescient for decarbonization, will exceed the total demand 
across all human history.
    Thus, the speed of decarbonization relies heavily on a 
ready supply of minerals and, consequently, the productivity of 
responsible and sustainable mining operations. Even if metal 
recycling efforts were to increase a hundredfold, there simply 
isn't enough material in circulation to meet the growing 
demand.
    Thus, the unavoidable truth is that we cannot develop 
cleaner, greener technologies without more minerals and we 
cannot secure enough minerals without a significant focus on 
mining. Supplying the planet with the necessary minerals 
required requires a balanced approach, walking the line between 
responsible environmental protections and the ability to move 
into extractive operations in a much more streamlined fashion.
    Since mining practices became codified in the United 
States, the industry has swung from unforeseen environmental 
consequences to inefficient bureaucratic processes that are 
crippling our ability to supply minerals.
    In contrast, many foreign governments do not operate under 
the same strict regulatory environment that we do in the United 
States, creating an unfairly advantaged dominance when it comes 
to mineral production.
    In 2020, China led all other countries in copper smelting. 
To add environmental insult to economic injury, much of that 
smelting capacity is powered by fossil fuels.
    While many nations including the United States are striving 
to reduce their carbon footprint China's negative environmental 
impact is growing. From 2017 to 2020, we reduced cumulative 
emissions by 11 percent while China's emissions increased by 7 
percent. Astonishingly, China's carbon pollution now surpasses 
all other developed countries combined.
    It is not an overstatement to say that by allowing China to 
maintain its chokehold on supplies of critical minerals, we are 
condemning the Earth to be mined in ways that are less 
responsible and entirely unsustainable.
    A key factor in a reliable domestic mineral supply chain is 
streamlining the Federal Government's permitting process. One 
of the means to that end is Fast-41. On May 8, 2023, the South 
32 Hermosa project was the first mining initiative to gain 
Fast-41 coverage. I recommend that this process be applied to 
new major mining projects that will produce minerals that are 
essential not only for defense but also for green technology.
    When considering our need for minerals like copper as a 
free society, it is important to assess where the greatest 
risks lie. I believe that the risks of global pollution as a 
result of over-reliance on foreign mining is much higher and I 
believe that the potential for decarbonization delays because 
of supply chain constraints is too great.
    When we add national defense vulnerabilities and American 
jobs, the asymmetric risk of not fostering sustainable and 
responsible domestic mineral supplies becomes very, very clear.
    It has been my distinct privilege to share these comments 
with you. I am available to answer any questions that you may 
have.

    [The prepared statement of Mr. Cabrera follows:]
Prepared Statement of Mr. Misael Cabrera, PE, Director and Professor of 
 Practice, School of Mining & Mineral Resources, University of Arizona

    Mr. Chair and Members of the Committee, my name is Misael Cabrera, 
and I am the inaugural Director of the School of Mining & Mineral 
Resources at the University of Arizona. The School was formed to 
address the pressing need for a sustainable supply of critical minerals 
for generations to come. We do this through industry-advancing 
research, and by developing the interdisciplinary mining and minerals 
workforce of tomorrow. We also offer students from all majors a 
Sustainable Minerals Minor Degree so that the multiplicity of 
professionals that the mining industry needs can share a fundamental 
understanding of the issues facing this essential industry.
    Prior to this appointment, I served in the position of Director of 
the Arizona Department of Environmental Quality longer than any other 
Director in the department's history. During my tenure at ADEQ, we 
dramatically increased environmental outcomes, delivered award-winning 
online systems, and were recognized 28 times by local and national 
organizations. Prior to serving in Arizona State Government, I held a 
variety of leadership roles in private sector, international 
engineering firms.
    Today, I am not speaking on behalf of the University. In fact, my 
comments are based largely on nearly 30 years of experience as an 
environmental professional.
    It is this career-long commitment to the environment that has led 
me to notice that our planet's population has doubled in my lifetime 
and is forecasted to reach 10 billion in the next 25 years. Today's 
global population is also more prosperous than it was 50 years ago \1\ 
and that expanding population wants better infrastructure, the latest 
consumer electronics, more advanced medical equipment, more effective 
defense systems, and cleaner energy to address the effects of climate 
change.
---------------------------------------------------------------------------
    \1\ Macrotrends, World Poverty Rate 1981-2023. Accessed April 15, 
2023. https://www.macrotrends.net/countries/WLD/world/poverty-rate
---------------------------------------------------------------------------
    But low-carbon energy technologies like solar panels, wind, and 
geothermal are significantly more mineral-intensive than fossil fuel 
technologies. Under the International Energy Agency's most aggressive 
scenario, total demand for mineral resources will grow by as much as 
3.5 billion tons by the year 2050.\2\ And demand for cross-cutting 
minerals like copper, which is prescient for decarbonization, will 
exceed the total demand across all human history.\3\
---------------------------------------------------------------------------
    \2\ 2020 World Bank Report. Minerals for Climate Action: The 
Mineral Intensity of the Clean Energy Transition.  2020 International 
Bank for Reconstruction and Development/The World Bank. https://
pubdocs.worldbank.org/en/961711588875536384/Minerals-for-Climate-
Action-The-Mineral-Intensity-of-the-Clean-Energy-Transition.pdf
    \3\ Jones, Allan G. Mining for Net Zero: The Impossible Task. 
Accessed July 19, 2023. https://library.seg.org/doi/10.1190/
tle42040266.1
---------------------------------------------------------------------------
    Different scenarios driven by choice of technology, material 
substitution, and potential technological improvements over time can 
shift these demand estimates, but there is no lower-carbon pathway that 
does not significantly increase our need for minerals.
    The 2020 World Bank Report, Minerals for Climate Action: The 
Mineral Intensity of the Clean Energy Transition, states plainly that 
``. . . any potential shortages in mineral supply could impact the 
speed and scale at which [green] technologies may be deployed 
globally.'' \4\ Thus, the speed of decarbonization relies heavily on a 
ready supply of minerals and consequently, the productivity of 
responsible and sustainable mining operations.
---------------------------------------------------------------------------
    \4\ IBID
---------------------------------------------------------------------------
    Even if metal recycling efforts were to increase 100-fold, there 
simply isn't enough material in circulation to meet the growing demand. 
Thus, the unavoidable truth is that we cannot develop cleaner, greener 
technologies without more minerals. And we cannot secure enough 
minerals without a significant focus on mining.
    Supplying the planet with the necessary minerals requires a 
balanced approach, walking the line between responsible environmental 
protections, and the ability to move into extractive operations in a 
much more streamlined fashion. Since mining practices became codified 
in the United States, the industry has swung from the ``move fast, dig 
deep'' approach that had unforeseen environmental consequences, to 
today, when inefficient, bureaucratic processes are crippling our 
ability to supply the minerals necessary to address climate change.
    To illustrate this over-correction, it takes an average of 16 years 
from the time of initial mineral discovery until the first production 
takes place in a new mine.\5\ Much of this lag is caused by the 
regulatory environment that is a direct after-effect of legacy mining 
practices that are no longer used in the United States. Modern mine 
operators take their responsibility to the planet and neighboring 
communities very seriously, with clear criteria for environmental 
performance during and after mining operations, including responsible 
closure and post-closure reclamation protocols.
---------------------------------------------------------------------------
    \5\ International Energy Agency. The Role of critical minerals in 
clean energy transitions: world energy outlook special report. Revised 
March 2022. Website: www.iea.org
---------------------------------------------------------------------------
    In contrast, many foreign governments do not operate under the same 
strict regulatory environment that we do in the United States, creating 
an unfairly advantaged dominance when it comes to mineral production. 
China is a perfect example of this, producing eight times more rare 
earth element (REE) tonnage than the U.S., and accounting for 85 
percent of global supply of REE in 2016.\6\ And China's mineral 
dominance is not limited to REEs. In 2020, China led all other 
countries in copper smelting, producing over 7.2 million metric tons of 
the commodity.\7\ The closest competitors, Japan and Chile only 
produced 1.7 and 1.2 million metric tons, respectively.\8\
---------------------------------------------------------------------------
    \6\ Harvard International Review. 2021. Not So ``Green'' 
Technology: The Complicated Legacy of Rare Earth Mining. Edited by Jaya 
Nayar. 12 August. Accessed June 30, 2022. https://hir.harvard.edu/not-
so-green-technologythe-complicated-legacy-of-rare-earth-mining/.
    \7\ Statista. 2022. Global copper smelter production in 2020, by 
key producing country. Accessed July 1, 2022. https://www.statista.com/
statistics/1241253/world-annual-copper-smelter-production-by-country/.
    \8\ IBID
---------------------------------------------------------------------------
    To add environmental insult to economic injury, much of that 
smelting capacity is powered by fossil fuels. While many nations, 
including the U.S., are striving to reduce their carbon footprint, 
China's negative environmental impact is growing. Case in point: from 
2017-2020, we reduced cumulative emissions by 11 percent while China's 
emissions increased by 7 percent.\9\ Astonishingly, China's carbon 
pollution now surpasses all other developed countries, combined.\10\ It 
is not an overstatement to say that by allowing China to maintain its 
chokehold on supplies of critical minerals, we are not only abdicating 
our economic and technological independence, we are condemning the 
Earth to be mined in ways that are far less responsible and entirely 
unsustainable for future generations.
---------------------------------------------------------------------------
    \9\ World Population Review. 2022. ``World Population Review. 
Carbon Footprint by Country 2022.'' worldpopulationreview.com. Accessed 
July 10, 2023. https://worldpopulationreview.com/country-rankings/
carbonfootprint-by-country
    \10\ De Chant, Tim. 2021. ``China's carbon pollution now surpasses 
all developed countries combined.'' arstechinca.com. 6 May. Accessed 
July 10, 2023. https://arstechnica.com/tech-policy/2021/05/chinas-
carbonpollution-now-surpasses-all-developed-countries-combined/.
---------------------------------------------------------------------------
    President Biden acknowledges the inherent risks of dependence on 
foreign sources of critical minerals, even to our homeland security. In 
his March 31, 2022, Memorandum to the Secretary of Defense, he wrote 
about these risks, calling for ``. . . sustainable and responsible 
domestic mining [and] processing.''
    A key factor in developing a reliable domestic minerals supply 
chain is streamlining the Federal Government permitting process. With 
layers of regulatory oversight from local, state and federal levels, it 
is imperative to identify what improvements can be made to mine 
permitting without reducing opportunities for public input or limiting 
the comprehensiveness of environmental reviews.
    One of the means to that end is the U.S. Federal Permitting 
Improvement Steering Council's (FPISC) FAST-41 process. FAST-41 for 
Infrastructure Permitting is a ``coordinated framework for improving 
the federal environmental review and authorization process,'' and on 
May 8, 2023, the South32 Hermosa project was the first mining 
initiative to gain FAST-41 coverage.\11\ I recommend that this process 
be applied to new major mining projects that will produce minerals that 
are essential for not only defense, but also for green technology.
---------------------------------------------------------------------------
    \11\ Permitting Dashboard, Federal Infrastructure Projects, 
Accessed July 10, 2023. https://www.permits.performance.gov/fpisc-
content/permitting-council-announces-first-ever-critical-minerals-
mining-project-gain-fast-41.
---------------------------------------------------------------------------
    And given that we are in the copper state, I would like to point 
out that an electric vehicle contains about four times the amount of 
copper as a traditional internal combustion engine automobile. Copper 
is also the second most used metal in defense platforms by weight,\12\ 
and is the gateway to over a dozen important minerals and rare earth 
elements that are only produced as co-products. Until the 1980s the 
U.S. was a global leader in refined copper production. Today we have 
lost our position and China is the globally dominant producer of 
refined copper.
---------------------------------------------------------------------------
    \12\ McGroarty, Daniel. Got copper? New pentagon report spotlights 
key role of critical metals. 04/13/15. Accessed July 19, 2023. https://
thehill.com/blogs/congress-blog/homeland-security/238483-got-copper-
new-pentagon-report-spotlights-key-role-of/
---------------------------------------------------------------------------
    When considering our need for minerals like copper as a free 
society, it is important to assess where the greatest risks lie. I 
believe that modern U.S. mines present relatively low environmental 
risk; I believe that the risk of global pollution as a result of over-
reliance on foreign mining is much higher; and I believe that the 
potential for decarbonation delays because of supply chain constraints 
is too great. When we add national defense vulnerabilities and American 
jobs, the asymmetric risk of not fostering sustainable and responsible 
domestic mineral supplies becomes very clear.
    It has been my distinct privilege to share these comments with you. 
I am available to answer any questions that you may have.

                                 ______
                                 

    Dr. Gosar. Thank you, Mr. Cabrera.
    Now, I am going to recognize Mr. Carlson for 5 minutes.

    STATEMENT OF JAMES R. CARLSON, CHAIRMAN, BOUNDARY LINE 
                 FOUNDATION, CHICAGO, ILLINOIS

    Mr. Carlson. Thank you, Mr. Chairman and members of the 
House Subcommittee on Oversight and Investigations, for the 
opportunity to summarize for the Congressional Record the 
policy and issues and some considerations that could lead to 
stable and ongoing access to domestic sources of strategic 
critical minerals.
    I am appearing before the Subcommittee as the Chairman of 
the nonprofit corporation Boundary Line Foundation (BLF). BLF 
is a growing nonprofit whose charitable purpose is to educate 
and equip county commissioners for active, county-to-agency 
engagement with executive agencies during Federal 
administrative actions.
    A typical BLF initiative includes statutory research, 
preparation of policy audits, education of county 
commissioners, and support for county governments as they 
actively apply Federal statutes and procedures to the agencies 
themselves.
    The objectives of my remarks are this. First, summarize for 
the HNR Subcommittee how critical minerals policies of the 
Biden administration are illegitimately transitioning 
responsibility for the domestic mineral supply chain away from 
free markets toward a nationalized system.
    No. 2, demonstrate how the decision of the Secretary of the 
Interior to withdraw the Duluth copper-nickel-sulfide mineral 
complex in Minnesota is not consistent with the public lands 
laws of the United States and requires Federal action.
    In its June 2021 100-day report on building resilient 
critical mineral supply chains, the White House Interagency 
Working Group ignores any mention of the Mining Act and 
Minerals Policy Act of 1970 and the Federal Land Policy 
Management Act whose statutory construction and intent is for 
the private sector to lead in the exploration, development, 
mining, and reclamation of critical minerals.
    The all-of-government approach recommended by the IWG to 
address mineral supply chain issues is derived from Executive 
Order 14017 and is a pattern throughout the Biden 
administration that proposes to expand the role of Federal 
agencies in public land management.
    If implemented as proposed, the IWG recommendations will 
vastly expand the role of Departments of Defense, Commerce, 
Health and Human Services in critical minerals permitting, 
mining, reclamation, and data hub monitoring while pre-empting 
and subordinating the statutory role of the Secretary of the 
Interior.
    On December 14, 2016, and again in September 2021, the U.S. 
Forest Service submitted an application, now I am on Minnesota, 
to the Department of the Interior requesting withdrawal of the 
same 235,000-acre parcel from the working public lands of the 
Superior National Forest.
    After 2 years of county-to-agency policy engagement with 
the U.S. Forest Service, the Department of the Interior, and 
the White House, the U.S. Forest Service canceled the 
withdrawal application, stating that the agency had enough 
information and existing laws were sufficient to protect the 
environment with the standard mineral leasing activities in the 
Superior National Forest and that could be done and achieved 
without a 20-year land withdrawal.
    It is important to note that the 1978 designation of the 
Boundary Waters Canoe Area Wilderness by the Congress 
recognized and segregated the copper-nickel-sulfide deposits in 
the working lands of the Superior National Forest by 
establishing a geopolitical mining protection area.
    BLF has gone on record as documenting that only Congress--
only Congress can affect, remove, or change that statutory 
enacted MPA boundary.
    In October 2021, the Secretary of the Interior again 
published notice of a second application for the same parcel in 
the Superior National Forest and in January 2021 the Boundary 
Line Foundation placed in the public record our survey and 
application of delegated authorities, a policy document to 
challenge this withdrawal.
    The survey demonstrates that in the public record that 
Secretarial Public Land Order 7917 by the Secretary of the 
Interior exceeds the 5,000-acre litmus threshold for mineral 
withdrawals in requiring congressional action.
    This Secretarial Order, Public Land Order 7917, 
illegitimately extinguishes FLPMA principal use of minerals 
exploration and extraction to exclusively protect ecosystems 
and the environment.
    I am out of time, Mr. Chairman, but there are three more 
things that could be done. I will yield the floor back to you, 
sir.

    [The prepared statement of Mr. Carlson follows:]
           Prepared Statement of James R. Carlson, Chairman,
                      The Boundary Line Foundation

Introduction; About BLF--

    Thank you Mr. Chairman and Members of the House Subcommittee on 
Oversight and Investigations for the opportunity to summarize for the 
congressional record the policy issues and some considerations that 
could lead to stable and ongoing access to domestic sources of 
strategic and critical minerals.
    I am appearing before the subcommittee as the Chairman of the 
nonprofit corporation Boundary Line Foundation (BLF). BLF is a growing 
non-profit whose charitable purpose is to educate and equip county 
commissioners for active, county-to-agency engagement with executive 
agencies during Federal administrative actions.
    A typical BLF initiative includes statutory research, preparation 
of policy audits, education of county commissioners, and support for 
county governments as they actively apply statutes and procedures to 
the agencies during administrative processes.

Testimony Objective----

    The objective of my remarks is to:

  1.  Summarize for the HNR subcommittee how the critical minerals 
            policies of the Biden administration are illegitimately 
            transitioning responsibility for the domestic mineral 
            supply chain away from free markets and toward a 
            nationalized system.

  2.  Demonstrate how the decision by the Secretary of the Interior to 
            withdraw the Duluth Copper/Nickel sulfide mineral complex 
            is not consistent with the public land laws of the United 
            States and requires congressional action.

Executive Order 14017 and the 100-Day White House Report--

     In its June, 2021 100-Day Report on building resilient 
            critical mineral supply chains,\1\ the White House 
            Interagency Working Group (IWG) ignores any mention of the 
            controlling Mining Act and Minerals Policy of 1970 and the 
            Federal Land Policy Management Act, whose statutory 
            construction and intent is for the private sector to lead 
            in the exploration, development, mining, and reclamation of 
            critical minerals.
---------------------------------------------------------------------------
    \1\ Building Resilient Supply Chains, Revitalizing American 
Manufacturing, and Fostering Broad-Based Growth. 100 Day Reviews under 
Executive Order 14017. Brian Deese and Jake Sullivan June 2021.

     The all-of-government approach recommended by the IWG to 
            address mineral supply chain issues is derived from 
            Executive Order 14017 and is a pattern throughout the Biden 
            administration that proposes to expand the role of Federal 
            agencies in public land management.\2\
---------------------------------------------------------------------------
    \2\ Executive Order 14017. ``Americas Supply Chains'' February 24, 
2021. Sections 3 and 4.

     If implemented as proposed, the IWG \3\ recommendations 
            will vastly expand the role of the Departments of Defense, 
            Commerce, and Health and Human Services in critical 
            minerals permitting, mining, reclamation, and data hub 
            monitoring, while preempting and subordinating the 
            statutory role of the Secretary of the Interior.
---------------------------------------------------------------------------
    \3\ Ibid. 100-year Report Page 17.

---------------------------------------------------------------------------
Summary of Land and Mineral Withdrawals in Minnesota--

     On December 14, 2016 and again on September 20, 2021, the 
            United States Forest Service (USFS) submitted an 
            application to the Department of the Interior, requesting 
            withdrawal of the same 235,000 acre parcel from the working 
            public lands of the Superior National Forest (SNF).

     After two years of county-to-agency policy engagement with 
            USFS, the Department of Interior, and the White House, USFS 
            canceled its withdrawal application, stating that the 
            agency had enough information, that existing laws were 
            sufficient to protect the environment, and that standard 
            mineral leasing activities in the SNF could be effective 
            without a 20-year land withdrawal:

               ``. . . the USDA Forest Service has enough information 
        to determine a withdrawal is not needed,''

    and,

               ``laws that govern mineral development within the Rainy 
        River Watershed provide considerable discretion as to whether 
        to allow new mineral leases,''

    and,

               ``Future lease offerings can adequately be evaluated and 
        regulated on a case-by-case basis without invocation of a 20-
        year withdrawal.'' \4\
---------------------------------------------------------------------------
    \4\ Correspondence: Kathleen Atkinson, U.S. Forest Service Regional 
Forester, Eastern Region to Mitchell Leverette, BLM State Director, 
Eastern States Office. September 6, 2018.

     It is important to note that during the 1978 designation 
            of the Boundary Waters Canoe Area Wilderness (BWCAW) that 
            the Congress recognized and segregated the copper nickel 
            sulfide deposits in the working lands of the SNF by 
            establishing the geopolitical Mining Protection Area (MPA) 
            boundary. BLF has gone on record as documenting that only 
            Congress can effect, remove or change the statutory-enacted 
---------------------------------------------------------------------------
            MPA boundary.

Current Land and Mineral Withdrawal; Public Land Order 7917--

    On October 21, 2021, the Secretary of the Interior published notice 
of a second application by USFS to withdraw a 225,504 acre parcel from 
the SNF,\5\ and on January 31, 2023 the Secretary issued Public Land 
Order 7917 effecting that withdrawal.
---------------------------------------------------------------------------
    \5\ FR Vol. 86, No. 2011, Thursday October 21, 2021. Application 
for Withdrawal and segregation of Federal Lands; Cook, Lake, and Saint 
Louis Counties, MN.

     On January 14, 2021 the Boundary Line Foundation placed in 
            the public record its statutory ``Survey and Application of 
            Delegated Congressional Authority for Land and Mineral 
            Withdrawal By the Secretary of the Interior'' \6\ that 
            documents 15 years and 3 administrative actions in the SNF.
---------------------------------------------------------------------------
    \6\ Survey and Application of Delegated Congressional Authority for 
Land and Mineral Withdrawal by the Secretary of the Interior. Boundary 
Line Foundation. January 14, 2021.

---------------------------------------------------------------------------
     The BLF Survey demonstrates in the public record that:

          1.  Secretarial Public Land Order 7917 exceeds the 5,000-acre 
        FLPMA threshold for mineral withdrawals requiring congressional 
        action;

          2.  Secretarial Public Land Order 7917 illegitimately 
        extinguishes the FLPMA Principal Use of Minerals Exploration 
        and Extraction to exclusively protect ecosystems and the 
        environment;

          3.  Secretarial Public Land Order 7917 administratively 
        redraws the Boundary Water Canoe Area Wilderness Mining 
        Protection Area Boundary, a prerogative exclusively belonging 
        to the Congress.

          4.  In enacting FLPMA, the Congress reserved for itself the 
        exclusive prerogative to decide Federal land and mineral 
        withdrawals:

                  a.  of greater than 5,000 acres;

                  b.  for which one or more Principal Uses could 
                effectively be eliminated; or,

                  c.  for those land and mineral withdrawals that would 
                affect a preexisting Act of Congress.

          5.  The Secretary of the Interior has failed to furnish both 
        chambers of Congress, with a detailed, site-specific inventory 
        and analysis of the effect the withdrawal will have on 190,321 
        acres of Minnesota School Trust Lands, Minnesota Swamp Trust 
        interests, Tax Forfeited lands, and private inholdings as 
        identified by the Land Commissioners of Cook, Lake, and Saint 
        Louis counties. (Table 1, Attachment A).

          6.  The organic statutory mission of USFS is to manage the 
        national forests of the United States for a continuous supply 
        of merchantable timber and to ensure the forests are managed to 
        ensure favorable conditions of water flow, not water quality.

          7.  In carrying out its mission under the Multiple Use and 
        Sustained Yield Act of 1960, USFS is not to ``affect the use of 
        administration of mineral resources of national forest lands or 
        to affect the use or administration of Federal lands not within 
        national forests.''

    The organic and statutory mission of the USFS does not include 
expanded protections of ecosystems that extinguish a FLPMA principal 
use and the application should have been rejected by the Secretary of 
the Interior.
    Thank you for the opportunity to provide remarks on this important 
subject. I will stand to questions.

                                 *****

                              ATTACHMENTS
                              
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]	
                                                                

    Dr. Gosar. Thank you, Mr. Carlson.
    I now recognize Mr. Crim for 5 minutes.

   STATEMENT OF STEVE CRIM, EXECUTIVE DIRECTOR, COMMON SENSE 
                   AMERICA, McLEAN, VIRGINIA

    Mr. Carlson. First and foremost, I want to thank each and 
every one of you for standing up for America's agriculture, 
technology, and defense sectors by protecting the production of 
critical minerals.
    Common Sense America is an advocacy group dedicated to 
advancing common sense policy solutions for the challenges 
facing our country. Today, I am here to urge Congress to take 
action to maximize the domestic production and development of 
critical minerals to reduce our dependence on China.
    According to the Pew Research Center, 67 percent of 
Americans, an overwhelming majority, understand China's threat 
to our very way of life. That is because China produces around 
two-thirds of the world's lithium and cobalt.
    It is the source of nearly 60 percent of aluminum and 80 
percent of polysilicon. These minerals are key to producing the 
cars, phones, lights, and other products we depend on every 
single day.
    Just 2 weeks ago, China restricted the export of gallium 
and germanium, which are used in the production of 
semiconductors, solar panels, and missile systems. The Wall 
Street Journal called this move more than just a trade salvo 
but a warning to the United States. The realization that a 
foreign adversary can exert such control over the items we use 
daily is alarming. Yet, this situation can escalate even 
further, potentially even impacting our food supply.
    According to the United States Geological Survey, China is 
the world's largest producer of phosphate and Russia is fourth. 
Together they produce almost five times the phosphate America 
produces.
    In the second half of last year, China reduced the export 
of phosphate from 5\1/2\ million tons to 3 million tons, a 45 
percent decrease in exports over the same time the previous 
year and that is why your work here today is so important.
    There is no doubt that China fears your ability to 
safeguard our critical minerals. It is why they have attempted 
to circumvent you by focusing their efforts on local 
communities across America, communities just like Goodyear.
    Their strategy is obvious, influence local governments to 
advance their own agenda. This fact became painfully clear in 
March when the Office of Director of National Intelligence 
released its annual threat assessment.
    It found that China was redoubling its efforts to build 
influence at the state and local level to shift U.S. policy in 
China's favor because of Beijing's belief that local officials 
are more pliable than their Federal counterparts.
    It has become evident that China will utilize any method 
available to them to infiltrate our local governments and 
communities. Case in point, a Hollywood production company 
controlled by a Chinese national, Cinema Libre Studios, 
produced a propaganda film about phosphate, a film that 
demonizes the critical mineral and was used as part of a larger 
influence campaign to encourage local governments to support 
policies that banned phosphate mining.
    These documentaries are an example of how real and imminent 
the threat of Chinese infiltration and manipulation of our 
local leaders can be. But their influence goes beyond just 
Hollywood. When it comes to critical minerals, the keep it in 
the ground mentality of environmental groups hinders mining and 
production of America's own critical minerals and gives China 
even more control over us.
    One such organization is the Center for Biological 
Diversity, which files lawsuit after lawsuit to prevent the 
exploration and development of critical minerals. They have 
spearheaded hundreds of lawsuits and just last week sought a 
court order to stop a copper mining exploration project right 
here in Arizona.
    Their lawsuits have created endless barriers for our 
nation's companies and even our Federal, state, and local 
permitting agencies to conduct the important business that 
leads to American self-reliance.
    Leveraging the Endangered Species Act, this organization 
can recover attorney fees often paid for by taxpayers. This 
practice places an undue financial burden on taxpayers, diverts 
resources away from essential government programs, and harms 
America's independence.
    Worst of all, it aligns with the Office of the Director of 
National Intelligence warnings that shifts U.S. policy in 
China's favor. Advancing common sense policy solutions such as 
designating phosphate as a critical mineral, implementing 
measures to curtail foreign influence, and ending the recovery 
of attorneys' fees of frivolous lawsuits we can safeguard our 
nation's food supply and promote the common sense policies our 
citizens deserve. Let's work together to ensure a self-reliant 
and resilient America.
    I extend my heartfelt appreciation for you all for 
conducting this public hearing on protecting our nation's 
critical minerals and for your unwavering dedication to the 
well being of our great nation. Thank you.

    [The prepared statement of Mr. Crim follows:]
   Prepared Statement of Steve Crim, President, Common Sense America

    First and foremost, I would like to express my gratitude to each 
and every one of you for standing up for America's agriculture and 
defense sectors by protecting the production and use of critical 
minerals such as lithium, cobalt, and phosphate. My name is Steve Crim, 
and I am the Executive Director of Common Sense America (CSA), an 
advocacy group dedicated to advancing a common sense approach to our 
government.
    An overwhelming majority of Americans understand the threat China 
plays to our very way of life. According to Pew Research Center, 67% of 
Americans view China as a threat. Yet too often, partisan politics gets 
in the way of real action to protect our country from this existential 
threat.
    When it comes to critical minerals, the ``keep it in the ground'' 
mentality of environmental groups plays into China's strategy by 
hindering mining and production of America's critical minerals.
    Two weeks ago China restricted the export of gallium and germanium 
which are used in the production of semiconductors, solar panels, and 
missile systems. The Wall Street Journal called this move more than 
just a ``trade salvo'' but a warning to the US. That's because China 
processes around two thirds of the world's lithium and cobalt and is 
the source of nearly 60% of aluminum and 80% of polysilicon. These 
minerals are key to producing the cars, phones, lights, and other 
products we use everyday. The realization that a foreign adversary 
holds such control over the items we use daily is troubling.
    Yet, the situation can escalate further, potentially impacting our 
food supply. According to the USGS, China is the world's largest 
producer of phosphate and Russia is fourth. Together they produce 
almost five times the phosphate America produces. In fact, in the 
second half of last year, China reduced the export of phosphate from 
5.5 million tonnes to 3 million tonnes--a 45% decrease in exports over 
the same time the previous year.
    And that's why your work here today is so important.
    There's no doubt that China fears your ability to safeguard our 
critical minerals, but that's why they have been attempting to 
circumvent your efforts by focusing their efforts on local communities 
across America--communities just like Goodyear.
    Their strategy is clear--influence local governments and 
communities to keep America's critical minerals in the ground. This 
fact became painfully clear in March when the Office of National 
Security released its threat assessment. It found that China was 
``redoubling its efforts to build influence at the state and local 
level to shift U.S. policy in China's favor because of Beijing's belief 
that local officials are more pliable than their federal 
counterparts.''
    We have witnessed reports of China's spy balloons surveilling our 
military operations and farmland; their acquisition of vast tracts of 
American lands; data collection through platforms like TikTok, the use 
of ``spy cranes'' to disrupt supply chains and gather shipment data, 
and even operating illegal secret police stations.
    It has become evident that China will utilize any and every tool 
available to them to infiltrate our local governments and communities--
even Hollywood.
    Case in point, a Hollywood production company, owned and controlled 
by a Chinese national, produced a propaganda film about phosphate. This 
company, Cinema Libre Studios, produced and distributed a film called 
PhosFate--a film that demonizes phosphate and was used as part of a 
larger influence campaign to encourage local governments to support 
policies that ban phosphate mining.
    These ``documentaries'' are an example of how real and imminent the 
threat of Chinese infiltration and manipulation is, especially at the 
local level. Unlike members of Congress, many local elected officials 
do not have professional staff, agency review or systems to vet 
material brought before them. This vulnerability makes it easier for 
China to impact local policy in support of their strategic goals.
    But, their influence goes beyond Hollywood and seeps into 
environmental organizations that often oppose American industries. 
Requiring these organizations to disclose foreign donors is crucial for 
ensuring transparency and protecting American interests.
    One such organization is the Center for Biological Diversity, which 
frequently files lawsuits to prevent the exploration and development of 
critical minerals--potentially threatening American national security. 
Their lawsuits have created a hostile environment for our nation's 
companies--and even our governmental permitting agencies--to operate.
    They have led over 2,000 lawsuits and just as recently as last week 
here in Arizona, they sought a court order to stop a copper mining 
exploration project. Under the Endangered Species Act, this 
organization can recover attorney fees, often paid for by taxpayers, 
regardless of the merits of their cases. This practice places an undue 
financial burden on taxpayers, diverts resources away from essential 
government programs, and stifles the growth of our industries.
    Worst of all, it aligns with the Office of National Intelligence 
warnings and shifts US policy in China's favor.
    In conclusion, the issue of America's food independence demands our 
immediate attention and concerted efforts. By designating phosphate as 
a critical mineral, implementing measures to curtail foreign influence, 
and ending the recovery of attorney's fees in frivolous lawsuits, we 
can safeguard our nation's food supply, protect American industries, 
and promote common-sense policies that our citizens deserve.
    Let us work together to ensure a self-reliant and resilient America 
in the face of these pressing challenges. I extend my heartfelt 
appreciation to you all for conducting this public hearing on this 
critical issue and for your unwavering dedication to the well-being of 
our great nation.

References & Supporting Materials

Office of the Director of National Intelligence. (2023, March 8). 
``2023 Annual Threat Assessment of the U.S. Intelligence Community.'' 
www.dni.gov. www.dni.gov/index.php/newsroom/reports-publications/
reports-publications-2023/item/2363-2023-annual-threat-assessment-of-
the-u-s-intelligence-community.

Bogardus, Kevin. (2020, October 26). ``Wheeler Asks DOJ to Probe 
``Foreign Influence'' over Enviros.'' E&E News by POLITICO. 
www.eenews.net/articles/wheeler-asks-doj-to-probe-foreign-influence-
over-enviros/. Accessed 19 July 2023.

Chow, E, & Patton, D. (2022, July 15). ``China Issues Phosphate Quotas 
to Rein in Fertiliser Exports--Analysts.'' Reuters. www.reuters.com/
article/china-fertilizers-quotas/china-issues-phosphate-quotas-to-rein-
in-fertiliser-exports-analysts-idUSKBN 2OQ0KY.

Reuters. (2021, July 30). ``China's Major Fertiliser Makers to Suspend 
Exports amid Tight Supplies.'' Reuters. www.reuters.com/article/us-
china-exports-fertilisers/chinas-major-fertiliser-makers-to-suspend-
exports-amid-tight-supplies-idUSKBN2F 007W.

House Committee on Natural Resources. (2012, June 27). ``DOJ Documents 
Confirm Center for Biological Diversity Received Millions in Taxpayer 
Funds from ESA-Related Lawsuits.'' House Committee on Natural 
Resources. naturalresources.house.gov/news/
documentsingle.aspx?DocumentID=301242. Accessed 19 July 2023.

Rahn, R.W. (2018, June 11). ``How U.S. Environmental Groups Collude 
with the Russians and Chinese.'' The Washington Times. 
www.washingtontimes.com/news/2018/jun/11/how-us-environmental-groups-
collude-with-the-russi/. Accessed 19 July 2023.

Reuters. (2023, July 4). ``China to Restrict Exports of Chipmaking 
Materials as US Mulls New Curbs.'' Reuters. www.reuters.com/markets/
commodities/china-restrict-exports-chipmaking-materials-us-mulls-new-
curbs-2023-07-04/.

Center for Biological Diversity. (2023, July 14). ``Court Order Sought 
to Block Mining Exploration in Arizona's Patagonia Mountains'' [Press 
Release]. Center for Biological Diversity. biologicaldiversity.org/w/
news/press-releases/court-order-sought-to-block-mining-exploration-in-
arizonas-patagonia-mountains-2023-07-14/. Accessed 19 July 2023.

Commission, Charlotte County. (2023, January 24). A Resolution of the 
Board of County Commissioners of Charlotte County, Florida Supporting 
Desoto County's Denial of Mosaic's Rezoning Request and Request for 
Joinder and Re-Evaluation of Mining Permit Requirements. 
charlottecountyfl.legistar.com/View.ashx?M= 
F&ID=11585855&GUID=CC4E92CF-2C5D-422E-8795-4B3301B42C15.

Greenwood, Shannon. ``How Global Public Opinion of China Has Shifted in 
the Xi Era.'' Pew Research Center's Global Attitudes Project, 28 Sept. 
2022, www.pewresearch.org/global/2022/09/28/how-global-public-opinion-
of-china-has-shifted-in-the-xi-era/
#::text=In%20the%20U.S.%2C%20where%20the. Accessed 19 July 2023.

                                 ______
                                 

    Dr. Gosar. Thank you, Mr. Crim.
    Now, I would like to introduce one of my former staffers. 
He has done himself very well and that is Jeremy Harrell.

STATEMENT OF JEREMY HARRELL, CHIEF STRATEGY OFFICER, CLEARPATH, 
                         WASHINGTON, DC

    Mr. Harrell. Thank you, Chairman Gosar, Vice Chairman 
Collins, and other members of the Arizona Delegation. It is 
great to be back here in Arizona and I appreciate the 
opportunity to testify today on American mineral independence.
    Our nation's energy demands are rapidly increasing and our 
current dependence poses a significant risk to our national 
security and our economic growth. According to some estimates, 
the United States needs to double our power system in the 
coming decades to meet expected energy demand.
    Concurrently, the International Energy Agency predicts that 
global demand for energy-related minerals like lithium, cobalt, 
graphite, and nickel could grow 20 to 40 times by 2040. As 
demand for critical minerals increases, the choice for American 
policymakers is clear. We will either responsibly develop these 
resources here at home or continue to rely on foreign sources, 
which poses national security, human rights, and environmental 
complications.
    It is difficult to overstate our dependence on foreign 
supply chains. The United States is 100 percent reliant for 12 
of 50 critical minerals and we are more than 50 percent reliant 
for an additional 31.
    As the Chairman underscored, China is the leading producer 
of 30 of those resources, and equally as concerning China 
exerts control over the refining process for each of these 
minerals regardless of where they are mined.
    Here in the Copper State, we should not forget that copper 
plays a fundamental role in the construction of energy 
technologies like battery storage, solar, transmission, and 
vehicles.
    Failure to scale up domestic production of minerals 
undercuts our ability to compete globally. Regulatory approvals 
for mines here at home have fallen to the lowest level in 
decades, coinciding with substantial demand growth for products 
that require them for raw materials like grid and 
transportation technologies.
    To fix this urgent problem, policymakers should work toward 
three key objectives: (1) restoring predictability to the 
permitting process; (2) streamlining judicial review; and (3) 
fostering trade and collaboration with allies.
    First, restoring regulatory predictability is essential. 
Never has the phrase time is money been more appropriate. 
Regulatory delays greatly increase the cost of projects and, 
furthermore, the projects most likely to be held up in the 
permitting purgatory are those that offer the greatest benefits 
to our nation. Reform should change the paradigm to one that 
expedites the approval process for projects that bring net 
benefits and comply with laws meant to ensure clean water and 
clean air.
    We must eliminate unnecessary bureaucracy in areas where 
the economic environmental benefits outweigh opportunity costs. 
A place-based approach which preassesses areas based on 
national needs, environmental factors, and community support 
would alleviate permitting bottlenecks while also ensuring 
compliance once a project is operational.
    Federal action can also no longer vacillate according to 
political winds. Developers must be able to rely on decisions 
from one administration to the next and we have seen this in 
mining like the Resolution Copper Mine here in Arizona or the 
Twin Metals project in Minnesota. The Administration's 
inconsistent approach increases U.S. reliance on minerals 
sourced from overseas.
    Instead, our system must create jobs here, promote American 
innovation, and foster better global environmental outcomes 
everywhere.
    Second, the judicial reform process must be reformed. The 
current system is broken as the structures in place are 
overwhelmingly tilted toward those who seek to delay or block 
projects as opposed to those who seek to build. Once a project 
is approved, further legal challenges should be addressed 
expeditiously.
    H.R. 1, the House permitting bill, requires legal disputes 
to be resolved in less than 1 year. Other major House and 
Senate permitting proposals include injunctive relief, 
clarifications on standing, and deadlines on the statute of 
limitations.
    Judicial review is the biggest wildcard in the current 
permitting system. Congress should limit legal challenges to 
plain and obvious errors related to natural resources laws 
while also narrowing the scope and adhering to strict review 
timelines.
    And, lastly, realistically, we are not going to end our 
reliance on foreign resources overnight. There is an 
opportunity to expand bilateral and multilateral trade 
agreements with allies that secure critical mineral supply 
chains.
    Take the nuclear fuel supply chain, for example. At the 
April G-7 meeting, Canada, the U.K., France, Japan, and the 
United States agreed to reduce reliance on Russian nuclear 
products and jointly leverage their nuclear sectors to ensure a 
stable supply of fuel for both existing and future nuclear 
power plants.
    However, these agreements must be in addition to, not a 
substitute for, maximizing domestic production.
    In conclusion, reliance on foreign mineral supply chains 
threatens both our national security and economic future. It is 
imperative that Congress implement a national strategy to 
maximize private sector investments in our critical mineral 
supply chains.
    ClearPath looks forward to working with this Committee to 
further American mineral independence and I look forward to 
today's discussion.

    [The prepared statement of Mr. Harrell follows:]
     Prepared Statement of Jeremy Harrell, Chief Strategy Officer,
                            ClearPath, Inc.

    Good afternoon, Chairman Gosar and members of the Committee. My 
name is Jeremy Harrell, and I am the Chief Strategy Officer of 
ClearPath, a 501(c)(3) organization that develops and advances policies 
that accelerate innovations to reduce and remove global energy 
emissions. To further that mission, we educate and provide analysis to 
policymakers as well as collaborate with relevant industry partners to 
inform independent research and policy development.
    Thank you for the opportunity to testify today and for holding this 
minerals-related hearing in the West. America's energy demands are 
rapidly increasing. Some estimates say the U.S. will need to double the 
capacity of our bulk power system over the coming decades to meet 
expected energy demand. As a result, the International Energy Agency 
(IEA) predicts that demand for energy-related minerals like lithium, 
cobalt, graphite, and nickel could grow 20 to 40 times by 2040.\1\
---------------------------------------------------------------------------
    \1\ https://www.iea.org/reports/the-role-of-critical-minerals-in-
clean-energy-transitions/executive-summary
---------------------------------------------------------------------------
    As global demand for critical minerals increases, the choice for 
policymakers is clear: the U.S. will either responsibly develop these 
resources here at home or continue to rely on foreign sources--
resources prevalent in nations that, in many cases, pose human rights 
challenges, present national security risks, and/or enforce worse 
environmental standards.
    It is difficult to overstate America's dependence on foreign supply 
chains. According to the 2023 U.S. Geological Survey's Mineral 
Commodities Summary, the U.S. was 100 percent net import reliant for 12 
of the 50 individually listed critical minerals and was more than 50 
percent net import reliant for an additional 31 critical mineral 
commodities.\2\ Meanwhile, China was the leading producing nation for 
30 of those same 50 critical minerals.\3\ A recent Aspen Institute 
report further underscored that rising demand for minerals will place 
major stress on global supply chains and undermine the ability of the 
U.S. to deploy more clean energy.\4\
---------------------------------------------------------------------------
    \2\ https://pubs.er.usgs.gov/publication/mcs2023
    \3\ ibid
    \4\ https://www.aspeninstitute.org/wp-content/uploads/2023/06/
Critical-Minerals-Report.pdf
---------------------------------------------------------------------------
    Equally concerning, regardless of where the minerals are mined, 
China exerts dominant control over the refining process for a large 
majority of rare earth elements and has demonstrated a willingness to 
leverage its influence to pursue political objectives.\5\ This includes 
an announcement earlier this month to restrict the export of two key 
minerals related to the energy supply chain.\6\ The concentration of 
mineral supply chains creates risks of disruption from political or 
environmental events, provides poor transparency and traceability, and 
sacrifices the expertise necessary for value-adding innovation and 
jobs.
---------------------------------------------------------------------------
    \5\ https://chinapower.csis.org/china-rare-earths/
    \6\ https://www.wsj.com/articles/china-controls-minerals-that-run-
the-worldand-just-fired-a-warning-shot-at-u-s-5961d77b
---------------------------------------------------------------------------
    Despite these dynamics, the U.S. struggles to permit projects to 
unlock these critical minerals. Recent data from Goldman Sachs shows 
that regulatory approvals for mines have fallen to the lowest level in 
a decade, coinciding with substantial demand growth for products that 
require them as inputs, like grid and transportation technologies.\7\
---------------------------------------------------------------------------
    \7\ https://www.goldmansachs.com/insights/pages/gs-research/copper-
is-the-new-oil/report.pdf
---------------------------------------------------------------------------
    This Committee has rightly brought attention to the benefits of 
using domestic minerals over the first six months of this Congress. It 
put permitting reform front and center, passing the Lower Energy Costs 
Act as H.R. 1 and successfully secured a handful of those provisions in 
the debt ceiling deal enacted through the Fiscal Responsibility Act.
    This Committee has not taken its foot off the gas, recognizing that 
the inability to scale up the domestic production of American resources 
undercuts America's ability to deploy domestically abundant resources 
and compete on the world stage.
    As policymakers continue to work towards bolstering American supply 
chains, reducing critical mineral dependence, and furthering 
sustainable economic growth, there are a handful of solutions Congress 
should consider. These initiatives would restore predictability, 
streamline litigation, and bolster private sector investments across 
the critical minerals supply chain.
Restore Predictability to the System

    Never has the phrase ``time is money'' been more appropriate. 
Regulatory delays that can last nearly a decade are making projects 
more expensive. The projects most likely to be held up in permitting 
purgatory are those that offer the greatest benefits to the United 
States, including reduced energy costs, enhanced energy independence, 
increased economic opportunity, and lower global emissions. The current 
system is broken as the structures in place are overwhelmingly tilted 
toward those who seek to delay or block projects as opposed to those 
who seek to build.
    Federal permitting reform must change the paradigm to one that 
expedites the approval process for projects that bring net benefits and 
comply with the legal requirements meant to ensure clean water and 
clean air.
    First, we need to identify geographic areas for development where 
economic and environmental benefits of these projects should not be 
delayed by unnecessary bureaucracy. For example, replacing a retiring 
power plant with a zero-emissions advanced nuclear generator at an 
existing site or building a battery manufacturing facility on a 
brownfield site should not require a years long permitting process.
    A list of prequalified geographic areas could include previously 
disturbed locations, such as brownfield sites that are well 
categorized, and can utilize existing infrastructure. The environmental 
impacts to these locations related to energy deployment are minimal, 
and in many cases, these locations are in or near communities that need 
the redevelopment most urgently.
    For mine projects specifically, a ``place-based approach,'' which 
pre-assesses areas, based on national needs, environmental factors, and 
community support, could alleviate permitting bottlenecks while also 
ensuring environmental compliance once operational.
    In addition, Congress could consider ways to pair regulatory 
incentives with existing financial incentives, such as the 
``Opportunity Zones'' and ``Energy Communities,'' which were 
established by Congress. Matching financial incentives with regulatory 
certainty will create a strong signal to project developers during the 
site selection process that choosing these areas is advantageous and 
will not be delayed by unnecessary bureaucracy. These types of reforms 
could go a long way towards on shoring American manufacturing and 
creating jobs in areas that need them the most.
    Second, federal action can no longer vacillate according to 
political whims, particularly when Congress has acted. Project 
developers need to be able to rely on regulatory certainty from one 
Administration to the next to bring a project from financing to 
construction. This need is most acute for projects that seek to unlock 
critical minerals.
    Resolution Copper is one of the most prominent examples of 
America's inability to permit mines. After a decade of objections by 
extreme environmental organizations and some Arizona Tribes to the 
proposed legislation authorizing a land exchange by the U.S. Forest 
Service, Congress explicitly authorized the project when the Southeast 
Arizona Land Exchange and Conservation Act was enacted into law with 
the Carl Levin and Howard P. ``Buck'' McKeon National Defense 
Authorization Act for Fiscal Year 2015 (P.L. 113-291). Once approved, 
the proposed mine is expected to become the largest copper mine in 
North America, capable of producing up to 25 percent of U.S. copper 
demand each year.\8\ The proposal received a final Environmental Impact 
Statement (EIS) in January 2021, only to have it unpublished by the 
Biden Administration two months later.\9\ The Administration is 
explicitly subverting Congressional intent with this project. These 
unnecessary delays precede a decade of construction before operations 
can begin, delaying the project timeline to at least two full decades 
from its inception.
---------------------------------------------------------------------------
    \8\ https://resolutioncopper.com/project-overview/
    \9\ https://www.fs.usda.gov/detail/r3/home/?cid=FSEPRD858166
---------------------------------------------------------------------------
    In addition to these administrative roadblocks, the recent 9th 
circuit decision in the Center for Biological Diversity v. U.S. Fish 
and Wildlife Service, more commonly referred to as the Rosemont 
decision, has placed new impediments on domestic mining operations.\10\ 
These new barriers will further stymie domestic production and 
jeopardize federal infrastructure investing to reshore domestic supply 
chains. House Republicans rightly prioritized this issue with their 
signature energy package H.R. 1, the Lower Energy Costs Act. These 
necessary reforms have earned strong bipartisan support in the Senate 
as well.
---------------------------------------------------------------------------
    \10\ https://cdn.ca9.uscourts.gov/datastore/opinions/2022/05/12/19-
17585.pdf
---------------------------------------------------------------------------
    Even more recently, the Mountain Valley Pipeline saga further 
underscores the need for reform and the unpredictability of the U.S. 
system. Congress acted explicitly to clear the way construction of the 
pipeline by explicitly approving its permits in the Fiscal 
Responsibility Act. Unfortunately, just a few short weeks later, the 
4th U.S. Circuit Court of Appeals issued two orders to temporarily 
freeze construction on the project. Even after Congressional action, 
the project may require Supreme Court intervention to finally resolve 
contentions.
    This back and forth regulatory flux is far too common and must be 
addressed so that entrepreneurs know that they can move forward in a 
responsible manner.
Provide More Streamlined Litigation

    Once a project is approved, any further legal challenges should be 
addressed as expeditiously as possible. Judicial review is the biggest 
wildcard in the current permitting system, and nearly every major 
permit reform proposal introduced by Republican and Democratic 
policymakers in the House and Senate includes at least modest provision 
to tackle this issue.
    H.R. 1 appropriately recognized judicial review as an area ripe for 
modernization and established new requirements for when permits are 
challenged. While this is a good start, we need to do more and should 
be looking at ways to ensure that we can resolve any legal disputes in 
less than one year.
    Other proposals have injunctive relief, clarifications on standing, 
deadlines on the statute of limitations, and shifts of judicial 
jurisdiction. One proposal immediately elevates legal challenges under 
NEPA to the federal appellate court where the project is to be 
constructed or alternatively the DC Circuit. This would match the 
process already used under the Federal Power Act and Natural Gas Act to 
challenge agency decisions and would streamline the process in a 
meaningful way.
    Any changes to judicial review must balance a plaintiff's right to 
have his or her day in court with the goal of reaching finality on a 
more predictable timeline. Like other forms of major infrastructure, 
critical minerals projects face additional challenges even after 
permits have been issued because of prolonged litigation. These delays 
increase uncertainty and raise project costs.
    To remedy this, the paradigm should shift to a set strict timelines 
on the adjudication process for critical mineral permits. More 
specifically, Congress should limit legal challenges to plain and 
obvious errors applying the relevant natural resource and permitting 
laws. A specific scope and timeline for the review process will prevent 
the possibility of long delays and improve efficiency.
Further Allied Partnerships

    Absent a clear, predictable, and streamlined American regulatory 
environment, the U.S. will continue to rely on critical minerals 
sourced from overseas. This includes countries that pose national 
security risks or those that lack basic environmental and human rights 
protections. The choice should be clear: producing American resources 
here at home creates jobs, promotes innovation, increases energy 
security, and leads to better global environmental outcomes.
    At the same time, we will not end our reliance on imports 
overnight. The U.S. must work with partner and allied countries to 
further diversify and secure critical mineral supply chains. While the 
current Administration has convened partnerships and multilateral 
mineral security dialogues with friendly nations such as Australia, 
Canada, Japan, South Korea and others to address these challenges, both 
the public and private sector need to move beyond dialogue to action.
    The U.S. should consider how to increase the quality of 
international markets for critical minerals commodities. Right now, the 
true price for many minerals is not publicly available, and some recent 
supposed shipments of critical minerals turned out to just be rocks. 
Modernizing and maturing the market integrity for critical minerals 
will lead to more reliable prices and more assurance for American 
firms.
    Specific to nuclear power, a secure and robust nuclear fuel supply 
chain is critical to ensuring American families receive clean, 
affordable, and reliable energy from our nation's nuclear power plants. 
Approximately 95% of the uranium used in the U.S. today is imported, of 
which nearly 50% comes from Russia and Kazakhstan.\11\ Because nuclear 
energy accounts for 1/5th of U.S. electricity production, this leaves 
10% of total U.S. electricity vulnerable to these two countries.\12\
---------------------------------------------------------------------------
    \11\ https://www.eia.gov/energyexplained/nuclear/where-our-uranium-
comes-from.php
    \12\ https://www.eia.gov/energyexplained/electricity/electricity-
in-the-us.php
---------------------------------------------------------------------------
    It is a national security imperative that the U.S. establish a 
secure and reliable supply of nuclear enrichment capabilities for 
itself and its allies. Reducing America's reliance on Russian fuel 
provides the market certainty required to incentivize domestic 
industry, build new capacity, and support our allies. On the sidelines 
of the April G7 minister meeting in Japan, Canada, France, Japan, the 
UK and U.S. entered into an agreement to leverage their civil nuclear 
power sectors to ensure a stable supply of nuclear fuel for existing 
and future reactors.\13\ The U.S. Congress should also act to further 
invest in more effective partnerships with U.S. allies.
---------------------------------------------------------------------------
    \13\ https://www.energy.gov/articles/statement-civil-nuclear-fuel-
cooperation-between-united-states-canada-france-japan-and
---------------------------------------------------------------------------
    There is an opportunity to expand bilateral and multilateral 
frameworks to establish diversified critical mineral supply chains and 
support the negotiation and passage of trade agreements among countries 
that meet American standards. It is important to note, however, that 
agreements must be in addition to, not a substitute for, maximizing 
domestic production.
Conclusion

    The current permitting system unnecessarily stymies and broadly 
delays the highest impact projects from delivering benefits, projects 
needed for our economic, environmental, and global competitive future. 
It is imperative that Congress address both aspects of the permitting 
process to maximize public and private sector investments and put steel 
in the ground.
    ClearPath looks forward to working with this Committee to further 
American critical mineral independence. I look forward to today's 
discussion.

                                 ______
                                 

    Dr. Gosar. Thank you, Mr. Harrell.
    Now, I recognize a friend of Arizona, Mr. Wiita, for 5 
minutes.

STATEMENT OF CRAIG WIITA, PRESIDENT AND CEO, DEL SOL REFINING, 
                    INC., PRESCOTT, ARIZONA

    Mr. Wiita. Thank you very much. Hello. My name is Craig 
Wiita. I am the President and CEO of Del Sol Refining in 
Amargosa Valley, Nevada.
    First, I would like to thank Congressman Gosar for hosting 
this very important event. At Del Sol Refining, we are a 
strategic and critical mineral refinery. We do research and 
development for the mining industry through a three-step 
process: lab scale, bench scale, and pilot scale. Think of it 
as grams, pounds, and tons for sizing.
    If recovery stays consistent through all three scales and 
remains economically viable, the mine is ready to open except 
for permits. Currently, Del Sol Refining is conducting a pilot 
scale recovery circuit for Century Lithium.
    Upon receiving the required permits, Century Lithium will 
be capable of producing close to 14,000 kilos of lithium per 
day. Fourteen thousand kilos of lithium per day would end the 
U.S. dependence on lithium from other countries. This is a 
great start toward U.S. lithium independence.
    But what about the other strategic and critical minerals? 
Our goal needs to be ending the United States' dependency on 
strategic and critical minerals completely. The United States 
is dependent on imports for vital strategic metals that are 
necessary for components for military weapons systems, cell 
phones, solar panels, lithium ion batteries, and all high-
technology products.
    The reason for this dependency is not due to geologic 
impediments, but due to politics. Large portions of public 
lands in the western United States have not been sufficiently 
explored and the permitting process in the United States takes 
7 to 10 years compared to 2 to 3 years in Canada and Australia.
    Of great importance to the United States are rare earth 
elements. The estimated value of rare earth compounds and 
metals imported in 2021 was $160 million. That is a significant 
increase from the $109 million in 2020.
    These are consumption estimates only, with no allowance to 
accumulate a much needed U.S. stockpile. The only current 
option the United States has to purchase these rare earth 
elements is mostly from China as we have not yet developed our 
own existing sources.
    What the U.S. Government needs to do is invest in U.S. 
production and refining of these metals and elements.
    Here is a quick example. Fiscal Year 2021 and 2022 has 
these two rare earth elements on a potential acquisitions list 
for stockpile: 600 metric tons of neodymium, 70 metric tons of 
praseodymium, for a combined cost of $355 million. Both 
aforementioned rare earth elements are needed for rare earth 
magnets, which are used in everything from wind-generated power 
to cell phones.
    It would take 25 percent of the purchase price of these 
elements, or just under $90 million, to open a mine and a 
processing facility here in the United States. This would 
create supply chain independence, jobs, strengthen our national 
security and, oh yes, keep $355 million from going to China.
    The loan to fund the mine and recovery facility would 
quickly be repaid in production and now create a U.S. source. A 
couple other strategic and critical minerals I would like to 
address today are tellurium and antimony.
    Tellurium is needed for the newest generation of solar 
panels--cadmium telluride thin film solar panels. Tellurium 
makes up only .0001 percent of the Earth's crust but tellurium 
occurs in economic viable quantities in the porphyry copper 
deposits of the western United States and Alaska.
    Tellurium is primarily produced from anode slimes 
associated with these copper occurrences. Rio Tinto at their 
Kennecott Mine in Utah has installed an addition to their 
processing circuit that can now produce 20 tons of tellurium 
per year. China produced 580 tons last year.
    The other one I would like to speak about is antimony. 
Antimony is used as a hardener in lead for storage batteries, 
other alloys, and in all flame retardant formulations. The 
United States has plenty of antimony present in the stibnite 
formations of Idaho. The problem is there is nowhere to refine 
it. An old mill sits dormant in Butte, Montana, that could do 
it. But without feed from mines that are waiting on permits, 
why would anyone bring it back to life?
    America is way behind the curve on stockpiling strategic 
and critical minerals. China, with their Belt and Road 
Initiative, is making deals all over the continent of Africa to 
the extent of assimilating many African nations.
    A break in the mineral supply chain would cripple day-to-
day life as we know it and will affect our military's ability 
to do their job. There is nothing to worry about if America is 
America's supply chain.
    Again, I would like to thank Congressman Gosar and others 
in attendance for giving me the opportunity to speak here 
today.

    [The prepared statement of Mr. Wiita follows:]
 Prepared Statement of Craig Wiita, President and CEO, Del Sol Refining

    Hello, my name is Craig Wiita. I am the president and CEO of Del 
Sol Refining in Amargosa Valley, NV.
    First, I would like to thank Congressman Gosar for hosting this 
very important event.
    At Del Sol Refining we are a strategic and critical mineral 
refinery. We do research and development for the mining industry 
through a three-step process; lab scale, bench scale, and pilot scale--
think of small, medium, and large for sizing. If recovery stays 
consistent through all three scales and remains economically viable, 
then the mine is ready to open.
    Currently Del Sol Refining is conducting a pilot scale recovery 
circuit for century Lithium.
    Upon receiving the required permits, century Lithium would be 
capable of producing close to 14,000 kilos of lithium carbonate 
(battery grade) per day upon the completion of their Clayton Valley, 
NV. lithium mine and recovery circuit. 14,000 kilos per day would end 
the U.S. dependence on lithium from other countries.
    This is a great start towards US lithium independence, but what 
about the other strategic and critical minerals?
    Our goal needs to be ending the United States' dependency on 
strategic and critical minerals completely.
    The United States is dependent on imports for vital strategic 
metals that are necessary for components for military weapon systems, 
cellphones, solar panels, lithium-ion batteries, and many high-
technology products.
    The reason for this dependency is not due to geologic impediments, 
but due to politics. Large portions of public lands in the western 
United States have not been sufficiently explored, and the permitting 
process in the United States takes 7-10 years compared to 2-3 years in 
Australia and Canada.
    Of great strategic importance to the U.S. are Rare Earth Elements 
(REE). Lanthanides are the actual group known as REEs.
    The estimated value of rare earth compounds and metals imported in 
2021 was $160 million, a significant increase from $109 million in 
2020. These are consumption estimates only, with no allowance to 
accumulate a much-needed U.S. stockpile.
    The only current option the U.S. has is to purchase these rare 
earth elements, mostly from China, as we have not yet developed our own 
existing sources.
    What the U.S. government needs to do is invest in U.S. production 
and refining of these metals and elements.
    Here is a quick example: FY 2021 and 2022 has these two REEs on a 
potential acquisitions list for stockpile.

     Neodymium 600 metric ton (m/t)

            + Cost $345 million

     Praseodymium 70 m/t

            + Cost $9.9 million

      Combined cost--$355 million

    Both fore-mentioned REEs are needed for rare earth magnets which 
are used in everything from wind-generated power to cell phones.
    It would take 25% of the purchase price of these elements, or just 
under $90 million, which as previously stated, would have to be 
purchased from China. Or, we could allow for permitting to mine and 
open a processing facility here in the U.S.
    This would create supply chain independence, jobs, strengthens our 
national security, and keeps $355 million from going to China.
    The loan to fund the mine and recovery facility would be quickly 
repaid in production and create a U.S. source.
    A couple of other strategic and critical minerals I would like to 
address are tellurium and antimony.
    Tellurium is needed for the newest generation of solar panels, 
cadmium-telluride thin film solar panels. Tellurium makes up only 
.0001% of the earth's crust.
    Tellurium occurs in porphyry copper deposits in the western U.S. 
and Alaska. Tellurium is primarily produced from anode slims associated 
with these copper occurrences. Rio Tinto at their Kennecott Mine in 
Utah has installed an addition to their processing circuit that can now 
produce 20 tons of tellurium per year.
    Antimony is used as a hardener in lead for storage batteries, other 
alloys, and in flame retardant formulations.
    The U.S. has plenty of antimony present in stibnite formations in 
Idaho. The problem is there is nowhere to refine it. An old mill sits 
dormant in Butte, Mt. that could do it, but without feed from mines 
that are waiting on permits why would anyone bring it back to life?
    America is way behind the curve on stockpiling strategic and 
critical minerals. China, with their ``Belt and Road Initiative'' is 
making deals all over the continent of Africa, to the extent of 
assimilating many African nations.
    A break in the mineral supply chain would cripple day to day life 
as we know it, it will affect our military's ability to do their job, 
but there is nothing to worry about if America is America's supply 
chain.
    Again, I would like to thank Congressman Gosar and others in 
attendance for giving me the opportunity to speak here today. Thank 
you.

                                 ______
                                 

    Dr. Gosar. Thank you, Mr. Wiita. Now, you can understand 
why we have such talent in this state.
    I am now going to recognize Members for 5 minutes for their 
questions. We are going to start with Mr. Biggs. He has a time 
crunch. So, Mr. Biggs, you are recognized for 5 minutes.
    Mr. Biggs. Thank you, Chairman Gosar, for holding this 
hearing. Thank you to your wonderful staff and the Committee 
staff for putting this on. They have done a great job 
organizing and setting this up. And to my colleagues, I am 
grateful that you are here and I am grateful to the community 
here and the city of Goodyear for their willingness to host 
this.
    I have introduced a piece of legislation called the Federal 
Land Freedom Act, which would allow states to voluntarily take 
on permitting for projects on Federal lands within their state 
boundaries, and I think that Congress needs to do more to 
ensure that the legislative branch takes back its oversight 
authority and its regulatory authority to rein in the out-of-
control bureaucracy, the executive branch, and the judiciary 
itself with its out-of-control orders that are being 
manipulated by groups who don't want to see mineral development 
and extraction.
    It is necessary if we are going to remain a strong economy 
and if we are going to go down in history as a self-immolating 
country or whether we are going to hold it together and become 
once again a free and prosperous nation.
    Minerals are critical to virtually everything. Let me give 
you an example. I will start with you, Mr. Cabrera. An electric 
vehicle, how much more copper is necessary to go into an 
electric vehicle than just a traditional internal combustion 
automobile?
    Mr. Cabrera. Chair Gosar, Representative Biggs, on average, 
an electric vehicle contains four times the amount of copper as 
a traditional internal combustion engine.
    Mr. Biggs. And when was the last time the United States was 
the world's copper manufacturing leader?
    Mr. Cabrera. Chairman Gosar, Representative----
    Mr. Biggs. You do not have to go through the Chair in 
Congress. You used to be a state legislator.
    [Laughter.]
    Mr. Cabrera. Thank you. I know that in the 1980s we were a 
global leader in copper production.
    Mr. Biggs. Now who is No. 1?
    Mr. Cabrera. We are not even in the top 10. Today, it is 
China by far.
    Mr. Biggs. Yes, and that is a constant theme that we are 
going to see as we go through here today is that the United 
States, an incredibly blessed nation minerally, has ceded it to 
China.
    So, let's go to you now, Mr. Harrell. I want to emphasize 
some of the things that you talked about. How reliant are we? 
USGS says we are reliant on critical minerals. I want to know, 
give us those numbers again that you gave us.
    Mr. Harrell. Yes, absolutely. I can repeat those. For over 
31 of the 50 critical minerals that USGS has identified as 
``critical,'' we are over 50 percent reliant and another 12 
were 100 percent reliant.
    Mr. Biggs. So, out of 50 critical minerals listed we are 
reliant either wholly or more than 50 percent on 43 of those, 
right? The other thing about that is I want to know who is 
supplying the vast majority of critical minerals to the world?
    Mr. Harrell. China. China, particularly on 30 of 50 of 
those.
    Mr. Biggs. Yes. So, when we get to China and we start 
looking at it, we have a massive critical problem because they 
control the supply chain on so much of everything.
    Let's go here next to Mr. Wiita. I want to talk to you 
about rare earth elements. The last mine I was tracking was 
several years ago trying to open up rare earth element 
production. They got swamped by bureaucracy. Couldn't do it. 
Tell me what dangers we have because our bureaucracy is 
stifling rare earth element development.
    Mr. Wiita. First of all, America has the safest and 
cleanest mining and refining in the world.
    Mr. Biggs. Absolutely.
    Mr. Wiita. That has to be first and foremost. I have a 
property that I have had since about 2005 in Arizona that has 
all 16 rare earth elements on it, as well as yttrium and 
scandium. I would walk into the BLM office and they would say, 
we can talk about anything today, Craig, but rare earth 
elements, because they don't want to see me get this into 
production.
    It is actually more hazardous to leave it on the ground 
because with every rain you get percolation of these elements 
going to the aquifers. It is almost a cleanup and it is 
something that we could benefit with all 16 rare earth 
elements, as well as scandium.
    Mr. Biggs. And as you pointed out, we have to have rare 
earth elements to do just about everything, cell phones, et 
cetera.
    I want to thank the Chairman again for allowing me time. I 
apologize to everyone that I have to go. But this is really an 
important and critical hearing. Thank you, Mr. Chairman, for 
holding it and I yield back.
    Dr. Gosar. I thank the gentleman. The gentlewoman from 
Phoenix, Ms. Lesko, is recognized for 5 minutes.
    Ms. Lesko. Thank you very much, and I first want to say 
thank you to you, Mr. Gosar, for leading this and to all the 
people that showed up and know how important this issue is.
    I am Congresswoman Debbie Lesko. I represent Peoria, large 
parts of Glendale, the Sun Cities, and large parts of Phoenix 
here, and I serve on the Energy and Commerce Committee. Paul 
serves on the Natural Resources Committee dealing with mining 
and critical minerals, but the energy portion of what I serve 
on relies on those critical minerals. So, I cannot 
overemphasize to you how important this hearing is and this 
issue is.
    I just got back from a trip from Japan and South Korea. It 
was an energy trip, but part of the trip we went to an Air 
Force base and a Navy base, and we got briefings about the 
importance of the region and the threat from China.
    And we, as Congress Members, hear a lot about the threat 
from China. They are United States' major threat, and one of 
the things that we are giving to China right now is we are 
handing over to them through the Biden administration's 
policies, we are becoming more reliant on them.
    The Biden administration is putting forth mandates on 
electric vehicles, mandates for more solar, for more wind. They 
are funneling hundreds of billions of dollars of our taxpayer 
dollars into subsidies for those programs, and they claim that 
they are for domestic mining.
    Yet, on the other hand, they are shutting down mines here 
in Arizona, as Jeremy Harrell brought up, and also in Minnesota 
and elsewhere. So, you can't have it both ways, although they 
do because people aren't paying attention.
    I truly believe that the policies that the Biden 
administration and Democrats are putting forward benefit China, 
not the United States. And we better wake up and we better get 
our act together because otherwise we are going to be speaking 
Mandarin, and I don't want that. And we are going to be totally 
reliant on them. Look what happened in COVID-19. We found out 
just how reliant we are on China.
    Folks, we here, these Congress Members here, are fighting 
for you. But it is a daily battle, a daily battle each and 
every day. So, I really appreciate you coming out and listening 
about this and supporting us, and with the 2:21 I have left, I 
do have some questions. The first one is going to be for Mr. 
Harrell.
    Mr. Harrell is with ClearPath and they do a lot of work on 
energy issues in Washington, DC. Mr. Harrell, states can speed 
up the permitting process by implementing Federal requirements 
directly, like we have seen with states obtaining primacy for 
Class VI wells, which is like carbon capture storage wells.
    Arizona is currently in the preapplication phase seeking 
Class VI primacy from the EPA. The timeline will reflect a full 
5 years from the inception of this process to ultimately 
receiving approval between state and Federal rulemaking.
    Mr. Harrell, what further reforms can be done to ensure 
future states going through this process and others similar to 
it have faster review timelines and greater process certainty?
    Mr. Harrell. Thank you for the question, Congresswoman, and 
for your leadership. I mean, to underscore what she pointed 
out, this state is fortunate to have leaders like you across 
the energy committees, so excited for it.
    Bringing these decisions down to the state levels is 
essential. We know it is more efficient and it can have the 
same standards that you would have that environmental laws 
require. In the Class VI process that you mentioned, states 
take control of it and ultimately have to do the same rigorous 
work, but the people of the states know the geology better and 
I think that could be translated over to the mineral space as 
well.
    We have to hold the agencies like the EPA accountable. They 
like to blame resources as a restriction. But Congress actually 
has tried to bolster that so we can increase the permitting 
process. We need to cut out litigation. We need to shorten the 
scope of things that challenge these types of things and 
bringing more of these decisions to the state level.
    Ms. Lesko. Thank you. The Republicans passed H.R. 1, which 
you talked about, Mr. Harrell, and it basically will help 
reform permitting laws. Can you tell us the status of where 
that is at?
    Republicans passed it out of the House. Did we have a few 
Democrats sign on? And I think Joe Manchin is supportive of 
some of the permitting reforms.
    But what do you think the prospects are of that being 
passed out of the Senate?
    Mr. Harrell. Yes, it is a great question. One, House 
Republicans should be commended for making it issue No. 1. It 
is literally H.R. 1 and saying that permitting is one of the 
most essential issues that we should be taking on. It got 
bipartisan support.
    House Republicans were able to secure components of that in 
the large debt deal that happened, which is a good start to the 
fight, and now I think we need to continue to lean in and do 
some more of these bigger reforms particularly focused on 
judicial review and how we streamline more consideration. So, I 
think House Republicans should keep fighting, and I think in 
every package we have moving forward going through Congress we 
should be getting another bite at the apple to help solve this 
problem.
    Ms. Lesko. Thank you, and I yield back.
    Dr. Gosar. I thank the gentlelady. Now we are going to get 
into the first of our freshmen. I yield 5 minutes to Mr. Crane 
for his testimony.
    Mr. Crane. Thank you, Congressman Gosar, for hosting this 
today and bringing some experts together and also a bunch of 
folks so we can get more educated and active on this very 
important topic.
    It is an honor to be here today. I definitely do not 
consider myself an expert on critical minerals. That being 
said, I do recognize it is important and, to me, I am going to 
be honest with you guys, this seems like one more example of 
self-sabotage in this country. It really does. And sometimes I 
don't know if it is intentional or we are just so foolish that 
we can't figure it out, and it is hard sometimes.
    In my district, which is Arizona's 2nd Congressional 
District, we have several very important mines. We have 
Resolution Copper, Freeport McNamara, Ivanhoe, Santa Cruz, 
which I just toured a couple of weeks ago down in Casa Grande.
    They are exploring their field right now and, hopefully, we 
will be mining soon, Asarco Pinto Valley, Baghdad Mine, and 
those are some of the mines in my district.
    But when I look at this issue and I try to boil it down 
into three key areas, I would say that the ones that I am most 
focused on are economic impact, national security threat, and 
then, obviously, the environmental harm that many of these 
folks have already talked about.
    The economic impact, obviously, we have sent a lot of our 
jobs overseas. Many of these mining towns have become ghost 
towns because of, in my opinion, our foolishness and then you 
have, obviously, the national security piece.
    When you outsource these critical minerals that we use in 
our everyday technology and consumer products, when you 
outsource those to a foreign country that in many cases like we 
are talking about our focus on China today happens to be an 
enemy.
    How many of you guys out here in the audience think that 
China has your best interest in mind? Anybody? I hope not. OK.
    And then, obviously, the environmental harm as well. I 
think that everybody up here would love to see us be able to 
harvest our own critical minerals, and I would even go so far 
to say gas and oil. I am big on using the natural resources we 
have.
    But I think all of us want to see us do it in a clean and 
safe way that protects our environment. But, once again, we 
have an administration that has basically declared war on a 
very, very important industry, and it is going to hurt and 
affect us all if we don't figure it out.
    So, that is how I look at these issues, and I want to start 
with Mr. Harrell.
    Besides the buckets that I mentioned, sir, of economic 
impact, national security, and environmental harm, are there 
any other buckets that we need to be focused on as we educate 
ourselves more on this issue?
    Mr. Harrell. Yes. I think the reforms to the judicial 
system that is required is really essential as we move forward. 
The judicial system gets weaponized to block U.S. development. 
One critical ruling that recently occurred, the Rosemont 
ruling, is a nonsensical interpretation of the law of saying 
that you can't put mining facilities on public land that 
doesn't have minerals under it. Why would you locate operations 
on lands that can't be mined, for example, and it is just an 
example of where the judiciary is going outside the bounds of 
the law and, ultimately, there are just inconsistencies there. 
And House Republicans have looked to resolve that in H.R. 1.
    Mr. Crane. Thank you, sir.
    Is there anybody on the panel, just for the education of 
myself and everybody else in here, outside of those three 
buckets: economic impact, national security, environmental harm 
to the globe, are there any other buckets we should be focusing 
on?
    Anybody at all? Does that kind of sum up the three big 
buckets? Does anybody not see this as a national security 
threat in here? Does anybody want to expound on the economic 
impact this has to our country, our communities, and the 
families that live here?
    Sir, on the end?
    Mr. Wiita. When you are waiting 7 to 10 years for permits 
in the United States, you basically deplete 25 percent of your 
reserves just in getting permits. A lot of companies can't make 
that meet up. So, the length of the permits is what is killing 
most projects.
    Mr. Crane. Does anybody want to take a shot at the why 
here, why you guys think this Administration is promoting the 
policies that are so harmful to critical minerals? Anybody?
    Go ahead, Mr. Carlson.
    Mr. Carlson. I would like to address the economic. The 
economic issues is that the Biden administration and previous 
administrations aren't concerned about the economic impacts. 
There are laws on the books already--Regulatory Flexibility 
Act, National Environmental Policy Act that requires economic 
analysis.
    They simply ignore them. So, I would suggest to the 
Congress that we have to go about this a different way to hold 
the agencies accountable.
    Mr. Crane. Thank you. The last thing I will say before I 
yield back my time is this, guys. Clearly, this is a Republican 
dominated panel today, but I hope we can all educate ourselves 
and agree that this issue because of its severity should not be 
a partisan issue.
    We should have Independents, Democrats, and Republicans 
supporting the responsible usage of our own natural resources 
for the three buckets that we are talking about. It is 
massively important and, Chairman Gosar, thanks again for 
inviting me and hosting this very important panel.
    Dr. Gosar. I thank the gentleman.
    Now, the second of our talented freshman class, Juan 
Ciscomani, for 5 minutes.
    Mr. Ciscomani. Thank you, Chairman, and thank you to the 
panel for spending time with us this morning and sharing your 
expertise with us. Thank you to the staff and, obviously, also 
thank you to everyone here that showed up to listen to this 
important conversation, and to my colleagues as well.
    I am Juan Ciscomani. I represent Arizona's 6th 
Congressional District down in the southeastern part of the 
state, Tucson and also Cochise County and I will talk about the 
mines in a second, but Graham, Greenlee Counties and Pinal as 
well. So, about five counties, a lot of rural area, and 
obviously natural resources are very, very important to us.
    The committee that I serve on is the Appropriations 
Committee--that is one of them--that I have the distinct honor 
of being the appropriator from Arizona and that puts me in a 
position where I look at the funding, obviously, and what we 
are doing with it, and the last couple of months we have been 
going through the whole appropriations process.
    And one of the areas that we have been focusing on is 
halting the burdensome EPA and the BLM rules. As we have heard 
today, government interference in this is really causing a lot 
of the issues that are unnecessary.
    We keep hearing over and over again how this is in our own 
making and then how we are putting ourselves at a disadvantage 
against foreign countries that are not friendly to us and that 
they want anything but to see America succeed. Obviously, China 
leading the way on that.
    In the Interior and the Energy Water Subcommittee, we are 
actively working to halt some of the burdensome regulations 
that the Biden administration is attempting to put in place and 
we want to make it easier for Americans to mine critical 
minerals here in the United States and that is where we are 
coming from.
    And speaking of critical minerals, I have a bill that deals 
with some of this. So, I want to turn it over to the panel and 
whoever wants to jump at this. I know Director Cabrera well, 
and I call him Director Cabrera because that is how I met him 
and worked with him for 8 years under the Ducey administration.
    But I am wondering if you could talk about the importance 
of a mineral being designated as a critical mineral and why it 
is necessary that a mineral received the designation and status 
of being a critical mineral.
    I have a bill before Congress that designates copper as a 
critical mineral. We have just been hearing how important that 
is, how much it includes and, obviously, being one of the five 
Cs in Arizona and we lead the way in its production. We want to 
make sure that we keep it going and vibrant.
    So, Director, can you jump in on that?
    Mr. Cabrera. One of the most practical benefits of being 
designated as a critical mineral is that then you become 
eligible for the Fast-41 permitting process. It is the one 
process that I have seen at the Federal level that actually 
stands a chance of streamlining the Federal bureaucracy.
    It is actually quite effective. We saw that during the 
previous administration. Becoming a critical mineral also makes 
you eligible for the Fast-41 project. It also makes you 
eligible for a whole host of Federal grants, a whole host of 
Federal streamlining events. So, I agree with you that having 
that designation is actually quite important for an element 
that is so important for our future.
    Mr. Ciscomani. Thank you, Director.
    Anybody else want to jump in on that?
    Great. Well, you know, for context, as I said, I am very 
interested in copper being designated as a critical mineral. 
Southern Arizona leads the country in the development of copper 
and it is home to just incredibly productive mines like Safford 
and Morenci, and as you all mentioned, copper plays a key role 
in the energy technology, defense, consumer electronics, and 
many other important applications, and I want to ensure that we 
are not relying on foreign enemies for this mineral.
    That is key and essential for us for our national security 
and for our strength around the world and also for our supply 
that we need here. So, it is concerning to me that the USGS 
does not list it as a critical mineral and we need to change 
that.
    With that, I yield back, Mr. Chair.
    Dr. Gosar. I thank the gentleman.
    Now, we are going to the third of our popular freshmen. 
This is my Vice Chair, Mike Collins, from Georgia.
    Mr. Collins. Thank you, Mr. Chairman.
    You know, I am a freshman. I have only been there, I guess, 
a little over 200 days. But when I ran, I ran on several 
different things--the debt, China, border security, and 
something I called oversight, and that is what I kind of want 
to focus on because we only control the House of 
Representatives and we are passing a lot of good bills but they 
are falling into a black hole over there in the Senate because 
they won't take it up. But oversight is one area that we can 
really get our message out and put a face on what is going on 
out there.
    I am a small businessman. In other words, I look at things 
as what is the problem and what is the solution. So, as we go 
through this I hope you will join me try to figure out what the 
problem is and just what is the solution.
    I am also in the trucking industry, second generation. Been 
at it over 30 years. My wife and I started our own business. 
Now, on the trail, I would say I am in the most regulated 
business area in the world. But as I have been out there doing 
these hearings, I swear I think we are all in the most 
regulated industry in the world.
    There is not one that I haven't seen that hasn't been 
affected. And you know what, I want to recognize something, Mr. 
Chairman. We had over a week's notice for this hearing, a 
week's notice. I don't know if you all noticed it or not, there 
is not a single Democrat sitting up here, not a single one of 
them that will come out here and see you face to face to 
understand one on one what you are feeling and what you are 
going through. And in the hearings that I have been to they 
haven't been there either, and I think that is very telling.
    But I have been up to Minnesota, started out with 
permitting problems out there. The world's largest deposit of 
critical metals, been trying to get permitting for 20 years. 
The East Coast, dealing with rulemakings that are going to kill 
the entire recreation fishing up and down the entire Eastern 
seaboard. Been out on the Western coast where they want to do 
away with hydroelectric dams out there to promote this green 
new deal that they have. As a matter of fact, the $1.7 trillion 
infrastructure bill where they only put $600 billion to fix 
your roads and bridges and it really isn't doing that.
    The rest of it went to this crap so that they could push 
EVs on you and they are out there putting up chargers that 
aren't even going to work by the time they get them put up 
because the chargers are going to change.
    I am going to use up all my time on a rant, Mr. Chairman. I 
am sorry.
    Dr. Gosar. OK.
    Mr. Collins. But here we are out here in your state, which 
not only is dealing with border issues but dealing with mining 
issues as well. And just like Mr. Crane, I don't know a lot 
about mining.
    But I guarantee you one thing. It is worth it to be out 
here with you to see your concern. I am second generation 
trucking, and I guarantee you there are second, third 
generation folks sitting out here that are worried about their 
family, worried about their next generation and taking over 
their business.
    So, Mr. Harrell, I want to jump into modernizing the 
permitting system right quick. Does America have any chance to 
become energy and resource independent from China and Russia?
    Mr. Harrell. Not without permitting reform. We have to 
narrow the amount of time it takes to permit these things from 
7 to 10 years to more like 2 years like our allies Canada and 
Australia do.
    Mr. Collins. Yes, sir. Well, can you give us some specific 
reforms on what Congress can do?
    Mr. Harrell. Yes, absolutely. I think there are three key 
components that need to be moving forward.
    One, we need some strict deadlines to move through the 
process and really narrowing the scope of the issues that are 
considered. We need to streamline litigation so our judicial 
system stops being used as a tool to obstruct American economic 
development.
    And, ultimately, we need better coordination between 
Federal and state entities so that those things sync together 
and we can ultimately drive projects forward and bring some of 
those decisions down to the local level where folks know things 
best.
    Mr. Collins. Thank you. And that leads into another totally 
different subject. But judicial reform and a lot of it, I 
think, is in the way of tort reform.
    You have all these environmentalists out there that will 
drop a suit on you as soon as one kind of gets settled or 
dropped just to keep the permitting processing going.
    And I know I harp on that every day about how we have to 
have better tort reform in this country. And the other thing is 
just the fact that, you know, when I was in Minnesota there was 
a mine next door to that mine that they were trying to permit 
for 20 years. They have been mining that for years because it 
was on state land. Had no problem with state permitting. Next 
door, Federal couldn't get it done.
    With that, Mr. Chairman, I better yield back.
    Dr. Gosar. I thank the gentleman.
    I will challenge myself with the questions. How many in the 
audience has a car? Who is all worried about their catalytic 
converter going missing? Why would I ask that, Craig?
    Rhodium is pretty expensive, isn't it?
    Mr. Wiita. Rhodium, yes.
    Dr. Gosar. Like all the rest of these critical minerals, 
they have a cost and the way China does this is when you have a 
company that gets started in the United States they start 
building up. They are starting to get that money and then all 
of a sudden what happens is China starts lowering the price. 
They get you sucked in and then they bottom you out so you go 
out of business. That is how this is done.
    So, Jim, I am going to ask you another question. What is 
unusual about the Superior National Forest? Is there a 
withdrawal area? Is there a buffer area?
    Mr. Carlson. Yes, Mr. Chairman, there is. In 1978, when the 
Congress permitted or actually set aside the boundary waters 
mining or Boundary Waters Canoe Area Wilderness, Congress had 
the wisdom to draw a boundary around it, and they called that 
the mining protection area.
    It is 3 miles wide, and in that legislation that is 
wilderness area and in that legislation they protected mining. 
Now, to the south where the withdrawal just occurred by the 
Secretary of the Interior, those lands are managed working 
Federal lands under the Federal Land Policy Management Act. So, 
they are separate.
    One is managed as wilderness by the U.S. Forest Service. 
The second is managed as Federal Land Policy Management Act 
working lands under FLPMA. There are six principal uses, and I 
hope I am addressing your question, there are six principal 
uses in this statute and what the Secretary of the Interior is 
taking advantage of is, No. 1, bureaucracy, and what they are 
doing is they are withdrawing the lands of the Superior 
National Forest of the Duluth Mineral Complex. They are 
withdrawing that and eliminating the principal use of mining 
and extraction.
    There is where Congress has an opportunity to affect the 
process because this is on the statute. This is FLPMA. It is a 
very complex law. But under FLPMA, in order to eliminate one or 
more principal uses, the Secretary of the Interior has to come 
to Congress. They didn't.
    Dr. Gosar. Mr. Cabrera, we have heard a lot about the Congo 
and one thing I haven't heard, though, is child labor 
practices. Can you address that for us?
    Mr. Cabrera. Yes. The Democratic Republic of Congo is known 
for utilizing child labor in their mines that produce cobalt. 
Cobalt is a very important mineral. It is used in lots of 
technology and it is also quite rare. And the fact of the 
matter is that other countries do not protect the environment, 
or the worker, or the economy of their local residents and the 
communities around the mines as well as we do.
    Dr. Gosar. And the quality of life for those individuals 
has to be horrendous, doesn't it?
    Mr. Cabrera. When you see photographs of these mining 
operations in foreign countries it is grieving. There is a 
group called Better in My Backyard, and I agree with that 
phraseology. We know how to mine well, we know how to mine 
sustainably, and we know how to do this within our communities 
such that it is a win-win scenario. And there are actually very 
few countries that do it as well as we do.
    Dr. Gosar. So, my question to you is, in allowing this 
child labor use, we are actually part of the problem, are not 
we?
    Mr. Cabrera. I would agree.
    Dr. Gosar. Really interesting. I kind of want to go now to 
Craig. I have been told by a number of experts that we have a 
great recycling program in the United States. Is that true?
    Mr. Wiita. We have a good recycling program. We can't 
recycle everything we need. Not even close. The only recycling 
we are getting for nickel is coming out of stainless steel. 
Very small percentage. It is not enough to make up the 
deficiency that we can fill with mining and refining.
    Dr. Gosar. So, if we were looking at recycling, what would 
be some of the things that you could see us doing in recycling? 
Could we be looking at turbines? Could we be looking at 
batteries? Could we be looking at solar cells? What should we 
be looking at?
    Mr. Cabrera. What we need to start recycling is solar 
panels and EV batteries. We can regain a little bit of the 
product but we are also keeping a huge mess from hitting the 
landfills.
    We have 12 heavy metals--four of them are carcinogens--in 
every photovoltaic solar panel--heavy ones, cesium, cadmium. If 
they get down to the aquifers, the solar panels could ruin 
every aquifer on Earth.
    Reaching a little bit, but we don't want that stuff getting 
down into our water supplies and we need to have recycling 
centers for everything that is the modern solar panels, EV 
batteries. And I think Kingman, Arizona would be a good place 
for it.
    Dr. Gosar. Well, you also said that you like clean air, 
clean water, and clean land, didn't you?
    Mr. Cabrera. I love it.
    Dr. Gosar. So do I. I love it big time.
    My time has expired. I am going to go to a second round of 
questions. We will start with Ms. Lesko.
    Ms. Lesko. Thank you, Mr. Chair. I have introduced a bill 
that would add uranium to the critical mineral list and I also 
co-sponsored Juan Ciscomani's bill that would add copper to the 
critical mineral list.
    The reason I think uranium is so important is because I am 
on the Energy Committee and we have a real concern about 
providing enough electricity to people because of all of the 
excess demand that is being put on with the electric vehicles 
and all the electronics that use electricity.
    One of the solutions is nuclear, and we are actually 
getting some bipartisan support on nuclear, and not so much the 
large nuclear plants like we have Palo Verde Nuclear Plant 
here, which by the way, if you don't know it provides the most 
amount of nuclear energy of any other nuclear plant in our 
nation.
    But it is called a modular nuclear. So, they are smaller 
and they need uranium. Right now, U.S. nuclear plants are about 
40 to 50 percent reliant on Russian uranium.
    Mr. Cabrera, can you tell me if you think it is important 
that we add uranium to the critical minerals list?
    Mr. Cabrera. I believe that would be prudent. That mineral 
can fuel the only zero-emissions power source that we have 
available to us.
    Ms. Lesko. Yes, and that is why some of my Democratic 
colleagues are actually coming around on nuclear and are 
becoming supportive.
    Mr. Cabrera, you had some really good points in your 
testimony, so I want to reiterate them a little bit. One of 
them, even if metal recycling efforts were to increase a 
hundredfold, there simply isn't enough material in circulation, 
I assume in the United States, to meet the growing demand. 
Thus, the unavoidable truth is that we cannot develop cleaner, 
greener technologies without more minerals and we cannot secure 
enough minerals without a significant focus on mining.
    And when the Secretary of Energy was in front of our 
committee I asked her, are you supportive of domestic mining? 
She says, oh, yes, the Biden administration is very supportive.
    I said, so why did you basically close down the Resolution 
Copper Mine, which is over in Superior? Because under the Trump 
administration they gave the green light, and 2 months after 
Biden gets in office he basically closes it down. This is total 
insanity and, again, we are just handing over things to the 
Chinese.
    You said, sir, that you can process some lithium. Yet, 
electric vehicles need lithium batteries. Backup storage needs 
lithium and, yet, China processes most of the lithium. So, when 
you increase the demand for electric vehicles, solar panels, 
that are all made over in China, you are just helping China.
    So, you have to open up our markets and that is why us 
Republicans are trying to do permitting reform, because 
compared to other countries it takes us way too long to start 
these mines, to start energy projects, to start pipelines, to 
start anything, quite frankly, and we have to mine in the 
United States.
    Mr. Cabrera, can you tell Congress Members that you have in 
front of us right here if you have any other ideas besides the 
permitting reform that we put in H.R. 1 and sponsoring 
legislation to add things to the critical minerals list? What 
can we as Congress Members do more?
    Mr. Cabrera. Hold the Federal agencies accountable. One of 
the things that I learned in my 18 years in the private sector 
and then I learned when I became a state employee about 11 
years ago, first in Arizona state government and now at a 
university system, is that in the private sector there are 
natural accountability processes. If you don't produce, if you 
don't serve your customers, you die.
    Government entities don't have that same accountability. 
So, that kind of accountability and oversight is an appropriate 
role for Congress.
    Ms. Lesko. Thank you. In a last second, Mr. Wiita, you had 
said earlier to me personally that you are not getting all of 
these taxpayer funds that are supposed to help with expanding 
U.S. production of critical minerals.
    Can you touch on that? What is happening to you and your 
company?
    Mr. Wiita. I know that there was $140 million out there for 
expanding exploration out here in the Western United States. I 
have a pretty big exploration company. We haven't even heard of 
a dime of it. The lithium that we are doing right now there was 
over $7 billion in there for securing lithium for EV batteries. 
We haven't seen a dime of it. I could go on. There are so many 
out there that were in the Inflation Act.
    Ms. Lesko. Thank you for not saying reduction.
    Mr. Wiita. I couldn't say reduction. I am sorry.
    Ms. Lesko. It is not reduction. Me either. The Inflation 
Act, yes.
    Mr. Wiita. But where is it going? Is it going to Chinese 
companies? Right now, the largest copper discovery since 
Resolution has been tabled here in Arizona. It is called the 
Antler project right in the Kingman area. It is an Australian 
company that has paid the whole way. It is not even a U.S. 
company. They have a beautiful riff of about 4 to 5 percent 
copper.
    I don't know if they will ever see permits. The last time I 
got a mine approved for a mine plan of operation here in 
Arizona, let's see, Fish & Game had to come out and tell me how 
high to put my entrance signs so that wild burros don't bump 
their heads.
    If you have ever been through Quartzite on Interstate 10 
you have seen the dry washes. Well, mine was declared a 
commercially navigable wash by the Army Corps of Engineers, and 
I explained to Billy that even if you were in a canoe in the 
biggest monsoon of the year it wouldn't move unless you were 
hooked to the back of my Jeep.
    And it wasn't a navigable wash. It was a commercially 
navigable wash. So, what that really meant was another $75,000 
permit to Army Corps. Arizona Game & Fish needed an extra 
$50,000 so that the burros won't bump their heads. We were in 
over $3 million to get a set of permits for a small operation 
here in Arizona.
    And thank you, Paul, for helping me get that one through.
    Ms. Lesko. Good. Thank you. That is something I would like 
to look into is why he and other companies are not getting this 
money that was doled out.
    Dr. Gosar. The gentlelady brings up some great ideas. I 
mean, you bring up this modular nuclear. Folks, modular 
nuclear, they have been doing it for 70 years. It is called 
submarines and aircraft carriers. That is what they are called, 
and I will leave you with kind of a cartoon. The wife tells her 
husband go turn on the power. He goes OK, mama. Then he goes 
back down and he flips the switch, and there is a nuclear sub 
in the back.
    So, I mean, there is a lot of room here. We will look at 
that, Ms. Lesko.
    I will now look at one of the freshmen again.
    Eli Crane.
    Mr. Crane. Thank you. I will try to be quick.
    I do want to go back to something Mr. Cabrera and 
Congressman Gosar were talking about with the cobalt mining in 
the Congo. Do you guys remember them talking about that and the 
slave labor that is going on there.
    If you guys want to go look at some of the pictures that 
Mr. Cabrera wisely brought up, I highly suggest you do and I 
suggest you share it with your friends, OK?
    If you guys go Google Joe Rogan cobalt mining, how many of 
you guys have watched that video? Anybody? All right. That is 
an assignment for you guys.
    It will only take you 10 or 12 minutes. But Joe Rogan 
brought on an expert who was looking at this, who had some 
photos from the cobalt mines and was talking about the 
humanitarian crisis in making and producing some of these 
critical minerals and what it actually costs to create some of 
these electric vehicles that we are working on.
    And I am not going to sit here and say electric vehicles 
are bad. Please don't hear that. What I am saying is it goes 
back to the three buckets we were talking about. You have your 
economic bucket, you have your national security bucket, and 
then you have your environmental bucket, and some of the 
panelists have talked about this today.
    As Americans, we are a consumer driven culture. We love to 
be able to go into Wal-Mart or any store and just buy these 
products cheaply. But I think it is often not until we actually 
see what the cost is, see how people are affected, that we 
start to maybe wise up and make some wiser consumer choices. 
So, please go watch that video if you haven't.
    The next thing I want to do real quick is I want to ask you 
guys, because the why of this is really important to me. I said 
I am not an expert in critical minerals, but I have served my 
country in the military for many years.
    I did five combat deployments. I love this country. I love 
the people here, and the only reason I ran for Congress is 
because I got so tired of seeing the foolishness and the self-
destruction that I was talking about earlier.
    How many of you guys by show of hands think that this 
Administration, when you look at many of the things going on, 
what we are talking about today, the mining, the natural 
resources, us not using it but being perfectly fine outsourcing 
it and buying it from other countries that are often enemies of 
ours, by show of hands how many of you guys think that the 
causation of that is foolishness?
    By a show of hands, how many of you think it is an 
environmentally conscious decision? That is why this 
Administration is making these types of choices. OK, we got a 
couple. That is fair.
    All right. What about corruption? Anybody? Whoa. All right.
    How about self-sabotage? OK.
    I am glad because I think it is important that we 
understand and we look at the cause and what you guys are 
actually seeing, because I think it is a mixed bucket.
    I think that there are many of those things that I listed 
off that are the causation of what I consider to be very 
foolish self-destructive policies. But the bottom line is, 
until we the people get loud and make sure our Representatives 
on every side of the aisle know that this is a problem, they 
will just keep coming up there to Washington, DC, to the State 
capitol house, and they will continue to vote the same way and 
this will never change.
    And, guys, I am going to tell you that is the byproduct of 
having a government that is of, by, and for the people. When 
the people of the country are checked out, when they are 
complacent and when we are not educated, this is the very type 
of thing that you see and nobody is held accountable and it is 
up to us as citizens to hold our Representatives and our 
elected officials accountable for this.
    So, thank you for showing up. Thank you for getting 
educated and please go watch that video with Joe Rogan. I yield 
back my time.
    Dr. Gosar. So, I am not the only one who gives assignments. 
We are going to go to the next freshman that is very talented, 
Juan Ciscomani.
    Mr. Ciscomani. Thank you, Mr. Chair. I will not be giving 
an assignment. Maybe that deserves a round of applause, too. 
But no homework from me.
    I do just want to touch on something that Debbie mentioned, 
though, and I think it is very important regarding the 
permitting reform. That, in my mind, is a big piece of the 
issue and a big part of the problem because it is, once again, 
we are all here accountable to the people that elected us and, 
obviously, we have an executive branch that is also accountable 
or should be accountable to the people that elected that person 
as well, and the judges have their own checks and balances 
method.
    But it seems that the agencies are almost immune to 
accountability many times, and from Congress that is our job. 
We have power of oversight and we also have the power of the 
purse. These are two areas that we can really tweak, and then 7 
months in now as a freshman I am learning that more and more as 
an appropriator especially where you can add pressure for 
things to happen and get done and gain attention.
    There is a lot of lip service going on in Washington. I 
think you know that, and it has been going on for a long time. 
You don't get people's attention until you start pointing the 
finger and squeezing resources out of whatever they want to be 
spending on that, and permitting reform is a big part of this. 
At the same time, we want to make sure that we are empowered to 
be able to do the things that we need to do as a community. The 
permitting reform is a big one.
    We just met with CEMEX just before this and they were 
talking about some easy permitting and hearing the stories even 
here in Arizona, imagine what it is like in California. I mean, 
no state is perfect but I do think that Arizona has done a much 
better job than other states in this under the leadership of 
Misael Cabrera and others like him.
    But it is the Federal intervention that really makes it way 
more difficult for states to be able to be innovative in this 
because so much of it is controlled at the Federal level.
    So, in terms of the permitting reform, they were saying 
that it could take 7 to 10 years for some small permits to just 
do something very simple. This is time that they are not being 
productive. This is time that we are wasting that other 
countries are not wasting, and they are actually producing and 
beating us to the punch once again.
    That is extremely frustrating, and I was going to pose a 
question on that but I think we have discussed that enough. But 
a segue into what I saw in the plant today, I have seen that in 
Cal Portland in the plant over in my own district and whenever 
I visit a mine I am increasingly impressed by the technology 
they use, by how innovative they are, how resourceful they are, 
especially with our precious water.
    I mean, when you build the fifth largest city in the 
country in the middle of the desert you do something well with 
water, right, and Arizona has been leading the way in that.
    Would any of you jump in to talk a little bit about the 
mining industry and how that has changed over the years? And I 
know that some people cite past environmental aggressions to 
criticize the industry.
    So, I would like to hear more about where the industry is 
now and where it is headed in terms of its efficiency and in my 
mind, is one of the best examples we have in our country of how 
you can protect the environment while not choking the free 
enterprise and business out of its existence as well.
    Mr. Wiita. If I may.
    Mr. Ciscomani. Sure.
    Mr. Wiita. With the permitting process, it is the little 
things that keep ending up as speed bumps in front of you. It 
is a very simple process. Here in the United States, we are 
clean, safe.
    Here is a good example. With lithium over in China, even 
down in Argentina, they are using huge ponds of sulfuric acid 
to do the dissolve. We also use acid, but we regenerate 95 
percent of our acid through distillation.
    That is not just use it once and done. That is constantly 
being able to use 95 percent of it over, and over, and over. 
That is something that other countries don't even try. That is 
something that a lot of U.S. companies haven't even tried. But 
we have perfected it.
    We can get 95, some days even 97 percent, of our acid back 
in the same PH ready to use again instead of just discarding 
and starting with new.
    Those are the things that we do to keep it cleaner here and 
safer, and it costs us a little bit more. Trust me, these 
distillers, they aren't free. But when you can do something and 
save 95 percent of your reagent to reuse, you are doing 
something correct. That is how we make mining cleaner, safer.
    Mr. Harrell. If I could just add one other thing. I have 
been to copper, silver, gold, uranium, and coal mines across 
this country. These are not 5-year, 10-year partnerships. These 
resources that are available are in many cases a 50-year 
partnership. They are members of the committee. They want to 
invest in our schools because that is their workforce.
    They want to reclaim these lands because there are 
opportunities for economic development once you have pushed 
through projects moving forward. They want to be contributors 
to the local economy, things along those lines.
    So, I think far too often the bureaucracy thinks about the 
opportunity cost of moving forward on these projects in 
simplistic terms, like, oh, we are just going to mine this 
land. These are opportunities to build out our community, the 
sustainable jobs, and have decades-long partnerships while 
increasing our national security.
    Mr. Ciscomani. Absolutely. Well, thank you so much. Once 
again, thank you all for your time this morning. And thank you 
all for being here as well.
    Mr. Chair, I yield back.
    Dr. Gosar. I thank the gentleman.
    Now, our Vice Chair, Mr. Collins.
    Mr. Collins. Thank you, Mr. Chairman.
    In my district, it is mostly rural Georgia and it is mostly 
made up of, I would say, just blue collar folks, farms, row 
crops and dairy farms and cattle, and I kind of want to talk 
about fertilizer for a minute, and I don't mean the fertilizer 
that comes out of the south end of a northbound cow.
    But, Mr. Crim, where does the United States get most of its 
phosphate from?
    Mr. Crim. Mostly from China.
    Mr. Collins. So, it is imported?
    Mr. Crim. Yes.
    Mr. Collins. What can the United States do to ensure that 
we are not dependent on China for this phosphate?
    Mr. Crim. The United States needs to be more deliberate in 
its efforts to move phosphate to the critical minerals list.
    Mr. Collins. Good, and just for information, phosphate is a 
very necessary component in fertilizer and I know I am not a 
farmer, but the farmers that we do talk to on a daily basis 
with the amount of inflation that is going on out there 
especially from fuel prices and everything, their fertilizer 
has gone sky high.
    So, obviously, if you can't grow food or you don't have 
food, then the population is not going to be there as well.
    So, Mr. Chairman, I want to quit my question because I 
think we have found out what the problem is, folks. The problem 
is that you have a Federal Government out there that is over-
reaching into your life and in your business, a Biden 
administration that is bent on this left-wing socialistic 
agenda to change us and to change our country.
    We also have the Federal agencies out there that are out of 
control. As a matter of fact, I would say they don't even think 
they have to answer to you. They can submit a rule for comment. 
Yes, you can send your comments in. Heck, they aren't going to 
read them. They don't care. They don't care what you have to 
say. They are going to make the rule anyway.
    As a matter of fact, between them and the Biden 
administration they think you live too good anyway. They think 
you need to be cut back a notch or two.
    So, the more they can reach into your lives and make things 
difficult, I don't even think they want you really going EV. 
You know what I think they want? I think they want you riding 
mass transit.
    I think they want you living in a rental house and not 
owning your own housing, be dependent on Federal health care, 
so that everything you do, every decision you make, you are 
going to look to the Federal Government first to get that 
answer.
    I don't know about you but that is not the America I know. 
It is not the America that I want to live in. So, what are the 
solutions? I think Representative Crane hit the nail on the 
head. I have been around this a long time.
    I am second generation in Congress, and I was told as long 
as I was a kid there isn't a dad blame thing that happens in 
that town up there until the American people demand it.
    When you stand up and you say we have had enough, finally, 
that crowd up there will get a hint and they will start 
changing things and that is what we need today.
    We passed H.R. 1 bringing back lower energy costs back here 
to the United States to make it easier. But it is sitting over 
there in the Senate. I guess them people are still out playing 
pickle ball. I don't know what they are doing. They need to 
take up legislation and either pass it or don't pass it.
    We have NEPA reforms, Mr. Chairman, that we got through on 
that debt ceiling. That is good. That is a good thing. But we 
need other things. We need tort reform to bring in that 
judicial part.
    So, I would say, if there is one ask that I could ask of 
you for an assignment, contact your Senator. Contact all of 
them and tell them you have had enough. You aren't the only 
one.
    You have generations after you that want to make a living 
out here doing what you know best, and if they are interfering 
with it, then they need to get off of your back. We need this 
Federal Government off our back and out of our back pocket.
    Mr. Chairman, I yield back and I appreciate the time.
    Dr. Gosar. I thank the colorful gentleman for his 
testimony.
    I am going to try to put this all together.
    Mr. Harrell, you made the comment, and Mr. Wiita followed 
up on it, that there is really no American mining company, is 
there?
    Mr. Harrell. Most of the major mining companies are 
multinational global mining.
    Dr. Gosar. Why is that?
    Mr. Harrell. How you make these projects pencil out and 
then, frankly, like doing business in the United States isn't 
as appealing as it is in other places.
    Dr. Gosar. Yes. You have to run the table on all the rest 
of your assets before you get the one that comes through in the 
United States.
    Mr. Harrell. Maybe the harder stuff.
    Dr. Gosar. Yes. So, once again, I should have had an empty 
chair up here for the Democrat who is not here. But, Mr. 
Cabrera, thank you for bringing up the Mining Law of 1872. What 
is it about that Mining Law of 1872 that they are after?
    Mr. Cabrera. First of all, that law and how it is described 
is mischaracterized. That law has actually been amended dozens 
of times. Just because something is old, does not mean that it 
is outdated. That is the first issue.
    The second issue is that they are constantly trying to 
completely change the rules of engagement for such an important 
industry in our country, so that law is being attacked for its 
age and mischaracterized as not being modern enough simply 
because they don't like the outcomes of that law and the 
outcomes are that mining companies are able to leverage Federal 
lands in order to get mineral supplies.
    If we couple that law as it is today with the NEPA reforms 
that you all just passed--thank you--plus permitting reform 
from H.R. 1, we could actually make a go of it.
    Dr. Gosar. I just want to get kind of a feel for the amount 
of money that is with these companies. So, what is the average 
salary for one of these mining companies?
    Mr. Cabrera. An average worker in a mining company are 
graduates from the University of Arizona, folks with mining 
engineering or economic geology backgrounds, also mechanical 
engineers and others. Mining industries employ lots of 
professionals. The average salary that we calculate is about 
$80,000 a year.
    Dr. Gosar. Eighty thousand dollars. I sure could use 
$80,000. How about you guys?
    You also brought up the aspect of how do we get this reform 
back and it has been brought up by a number of people, and 
Arizona is perfectly suited for this. We just need a chief 
executive who has some cojones.
    So, what is that? It is divesting the Federal Government of 
its assets back to the states, and I am glad I got Tim sitting 
over here because he is one of our finest here in Arizona.
    But the equal footing clause plays a big part in Arizona, 
so let's go through this. The first time Arizona puts up for 
their statehood they were rejected by Taft. Taft is not your 
ordinary president. Taft is the only President to go on to 
serve in the Supreme Court, the only.
    So, what does he do? He comes back to Arizona and he says, 
OK, what you are going to do is we are going to force you to 
take the Federal doctrine, Federal lands, and what we are going 
to do there is we are going to use the multiple use doctrine so 
you never have to worry about that.
    He forms a contract. He forms a contract with the state of 
Arizona. Now, why is that important? Because it would sure be 
nice to have an executive, a governor, that challenges that 
doctrine and say whoa, whoa, whoa. The Federal Government isn't 
last in line. It is the state of Arizona.
    The more we can devolve back to the states the better. Mike 
hit the nail on the head. What is going on there is a sewer, a 
sewer of despair. We want to give as little as we can to the 
Federal Government. Remember what our Framers said. We give 
limited powers to the Federal Government. The rest is reserved 
for the people in the state.
    We have this backwards. We really have this backwards. I 
hope you are as ticked off as I am, especially after my Vice 
Chair's comments. I think that is very, very apropos about 
that.
    I am going to end with one more thing, uranium. So, now you 
have a group of people that are trying to withdraw this area up 
in northern Arizona in uranium.
    Let me ask you a question, Mr. Cabrera. Would it be better 
to take out the uranium because of the depression? It gets 
water, water seeps there. The air hits there. Wouldn't it be 
better to take those out and put your sedimentary rock in there 
so that you get permeation of water from the surface to the 
subsurface to refill some of those aquifers? Doesn't that seem 
a little bit more apropos?
    Mr. Cabrera. It is accurate that removing uranium from the 
subsurface will leave less mass that can interact with 
groundwater and create naturally occurring uranium 
concentrations in groundwater.
    We have naturally occurring uranium concentrations in 
groundwater in various places across our state and it is 
accurate that removing that source of uranium will allow less 
interaction between the groundwater and the uranium.
    Dr. Gosar. Yes. I guess the next part I want to say is if 
we are going to compact or these modular nuclear processes, 
pretty safe, aren't they?
    Mr. Cabrera. I am not an expert in nuclear power but what I 
do know is in the United States we have had no major incidents 
at nuclear facilities in multiple decades, and when you look at 
the trade-offs of other traditional power sources nuclear power 
is economic, it is clean, and in the United States we know how 
to do it safely.
    Dr. Gosar. And last point. Earlier this year, we were about 
a minute away from having a rolling blackout in the United 
States. Is that true?
    Mr. Cabrera. Sir, I am not aware of that but I would not be 
surprised.
    Dr. Gosar. Yes. Well, part of this problem is this 
temporary or intermittent type effects as to fuel and then 
baseload power. What is the difference? When the wind doesn't 
blow and the sun doesn't shine, you don't watch your 
television. Remember Donald Trump saying that? Well, baseload 
power, when you flip the switch, it is always on 24/7/365.
    So, if you are utilizing all these renewables, and I will 
tell you right now I am for all of the above because we don't 
need less energy, we need more energy, right. So, I am just 
taken aback by that. I am going to end with a question for 
every single one of you.
    What was the question that you most wanted to answer and 
what is its answer? We will start with you, Mr. Cabrera.
    Mr. Cabrera. The question that I most wanted to answer is 
what are some simple things that we can do to accelerate 
permitting at the Federal level, and the answer to that 
question is realize that 95 percent of the total elapsed time 
for any administrative process is simply waiting.
    In other words, there is no connection between quality or 
protection and time. Time is simply a waste. The private sector 
has realized that. If we just apply private sector streamlining 
techniques to Federal permitting processes, we can accelerate 
Federal permits by 90 percent as we did in the state of 
Arizona.
    Dr. Gosar. Thank you. Mr. Carlson, same question?
    Mr. Carlson. The question that I hoped would be asked is, 
Jim, how do we hold Federal agencies accountable, and my 
response would be that when you have an opponent that is out to 
work against you, what do you do, and there you learn the rules 
that they are playing by, and the rules that the Federal 
agencies have to abide by are the missions of the individual 
agencies--Bureau of Land Management, U.S. Forest Service, U.S. 
Fish and Wildlife Service, et cetera.
    So, we learn what the rules are that those agencies have to 
go by the statutes and then we apply those statutes to the 
bureaucrats. Now, there are two levels of bureaucrats. There 
are appointees that come in with the Administration and then 
there are career bureaucrats that come in later.
    And during the administrative processes, I believe it was 
Congressman Crane alluded to the comment period, no, it 
actually was your Vice Chair, alluded to the comment period and 
during the comment period that is under the Administrative 
Procedures Act. That is where you address the agencies and you 
do it technically, strategically.
    And then the last thing of my response is this, bureaucrats 
exist on anonymity. That is how they get away with what they 
are doing, so when we hold agencies accountable to their 
mission in life that was delegated by the Congress and we hold 
bureaucrats accountable to what they are supposed to be doing 
and put pressure on them legitimately with dignity and respect 
it works great.
    Dr. Gosar. Mr. Crim, same question.
    Mr. Crim. I believe that the question that I would have 
liked to have been asked is how do we shift America's 
dependence from foreign adversaries to the United States, and I 
think what the answer would be is that our Federal Government, 
U.S. Congress, taking the lead in its oversight role is to be 
very deliberate.
    China didn't just get here by accident. China was very 
deliberate its actions. They have repeated over and over again 
their goals. They want to be in control of our global supply 
chains so that they can exert power over us, and not over us 
but all of their adversaries, whether it is in the Pacific with 
regard to Taiwan and a host of other issues.
    They want to be able to control our supply chain so that we 
have to bow down at some point to their demands, and they are 
utilizing every mechanism at their disposal. They have a whole 
government approach to the way they do things and they have a 
whole government approach to the way they are trying to 
infiltrate our democracy, not just at the Federal level but 
also at the state and local level.
    Dr. Gosar. Mr. Harrell?
    Mr. Harrell. Mr. Chairman, we tiptoed around it a little 
bit today but we can't spend our way out of this problem. In 
the end, we need a fundamental change in the paradigm on how we 
permit things in this country.
    If you believe--and I do--that we are going to have to 
double our grid in the next 30 years and, like you, I think 
that means more wind, more solar, more advanced nuclear, more 
geothermal, more CCUS, more gas production--we are going to 
have to build a lot of things in this country, both generation 
and storage and grid infrastructure and manufacturing tied to 
it.
    If you just back that out a little bit, and I will give you 
some stats to underscore this, like, some modeling will say 
that means over that time period 1,400 new projects a year 
would need to be permitted. That is three projects a day.
    There is no money that we can throw at the bureaucracy that 
is going to get them approving three projects a day. We have to 
do something fundamentally different to take our own economic 
competitiveness in our own hands.
    Dr. Gosar. So, you are actually telling me government is 
not the answer?
    Mr. Harrell. The government is not the answer. No.
    [Laughter.]
    Dr. Gosar. Craig?
    Mr. Wiita. As you know, Congressman Gosar, rare earth 
elements have been a passion of mine for the last 20 years. It 
is a very easy solution, but it is mixed up in a Federal 
matrix. The other two elements I spoke about today, tellurium, 
this is a byproduct of porphyry copper deposits.
    Rio Tinto is the only one recovering it right now. They 
only spent $2.9 million on the addition to their loop. That is 
peanuts. Antimony, there are such wonderful deposits up through 
Idaho. This is another real low-hanging fruit and right now 
most of antimony is either being refined in China or in Oman. 
SPMP in Oman is one of the other companies that is doing it.
    Even if it is through off take agreements from existing 
mines because we just can't get refineries open quick enough. I 
could expand. My property is over 40 acres and right now we are 
utilizing 10 acres for lithium. I can easily put in tellurium--
we made this off of copper slimes. I could easily put in 
antimony and rare earth all on the property that I have right 
now under the permit that I have now through the EPA.
    It isn't, like, if you build it they will come. I built it. 
The Administration changed. I lost 75 percent of my customers. 
That is reality. That is where the rubber hits the road. 
Seventy-five percent of my clients on public land were 
completely wiped out when this Administration took charge.
    I have never laid off an employee. We have our full staff. 
As to your question earlier, my employees start out at $88,000 
a year. I try to make it to where a single wage earner can 
support their family, their kids are not being raised by 
daycare. They are being raised by the mother or the father--a 
parent. And we are just in this tailspin. If you can't get 
permits, you really shouldn't open a refinery because you don't 
have product.
    Dr. Gosar. Well, and that goes, Craig, for you--if you have 
a semiconductor plant, you better have the product to actually 
make semiconductors.
    Mr. Wiita. Exactly.
    Dr. Gosar. I don't care how big it is. It is not going to 
make any more if you don't have any product.
    Mr. Wiita. And as I mentioned earlier, we have plenty of 
germanium here. I know of a property out in Darwin, California 
that could do our whole germanium supply.
    We have the Gordonville mine in Middle Tennessee that could 
take over all the gallium needs, and actually when you get back 
to the question earlier on recycling the glass on solar 
panels--you can make the unicorn, the five or six nine purity 
silica, to be put back into the supply chain.
    There are so many things to do it is hard to say where we 
begin because we have been behind the eight ball for so many 
years. We are already so many layers down in that onion.
    Dr. Gosar. And it also makes you speculate. You know, when 
somebody is telling you yes you can, how do we help you, and 
then you go, no, you can't, you aren't going to have anybody.
    Mr. Wiita. It is almost like they are trying to pick up the 
dog turd from the clean end.
    [Laughter.]
    Mr. Wiita. There is no clean end. Pick it up.
    Dr. Gosar. Yes, you are right. Exactly right.
    I hear you loud and clear. There is one person sitting in 
the audience I want to just actually say--Dave, would you stand 
up? Let me ask you a question. How much money has Resolution 
Copper put into mitigation in regards to that mine site?
    Voice. [Off mic.]
    Dr. Gosar. Folks, I would tell you this is the mine that is 
ready to take off. We have to go visit. We need to go ask. We 
need to go demand. We need to go get this thing off the ground. 
You can see all the things they have done. It is amazing what 
they have done. Strictly unbelievable. The water is cleaner 
than they get it. This is amazing technology.
    So, if I had one ask of you, let's get out to Resolution 
Copper. Let's get that over the hurdle, and then we will get to 
the next project, then we will get to the next project, then we 
will get the next project. You have my word. I will be happy 
here answering questions and I will be that dog on a bone. I 
will be that dog on the bone.
    I want to thank the witnesses for their valuable testimony 
and the Members for their questions. The members of the 
Committee may also have some additional questions for the 
witnesses and we will ask you to respond to those in writing.
    Under Committee Rule 3, the members of the Committee must 
submit questions to the Subcommittee Clerk by 5 p.m. on 
Wednesday, July 26. The hearing record will be held open for 10 
business days for these responses.
    I would also like to thank the Luke Air Force Base Color 
Guard. Let's give them a round of applause.
    [Applause.]
    Dr. Gosar. And I would also like to single out everybody on 
that panel. So, let's give them a round of applause.
    [Applause.]
    Dr. Gosar. If there is no further business, without 
objection the Subcommittee stands adjourned.

    [Whereupon, at 12 p.m., the Subcommittee was adjourned.]

            [ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD]

                Comment Sheet Filled out at the Hearing

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Submissions for the Record by Rep. Gosar

                        Statement for the Record
           Retired Brigadier General Ernest John Teichert III

    Honorable members of the committee. I'm retired Brigadier General 
Ernest John Teichert III and I had the honor of serving our country for 
over 28 years in the United States Air Force. I have served as the 
commander of the 11th Wing and Joint Base Andrews in Maryland, the 
commander of the 412th Test Wing and Edwards Air Force Base in 
California, the Senior Defense and Defense Attache to Iraq, and most 
recently as the Assistant Deputy Undersecretary of the Air Force, 
International Affairs. During the last decade, I have focused 
extensively on strategic competition with China and Russia, and I can 
tell you that our national security depends on vigilance and 
resilience, a strong and well-equipped military, a thriving economy, 
and a robust industrial base.
    We are in a global environment of strategic competition. At the end 
of World War II, the United States created a world order that was free, 
open, prosperous, and secure for all of humanity. The U.S. and her 
partners and allies have painstakingly maintained that world order for 
the last 80 years. Yet, malign activities by countries like China and 
Russia have demonstrated their determination to erode that world order 
and remake it in a way that only benefits them. We see it today in 
Eastern Europe, the Western Pacific, and all around the globe.
    In 1999, two Chinese Communist Party Colonels published a strategy 
of Unrestricted Warfare that has been playing out as planned during the 
last two decades. Their theory of victory is to use all means, in all 
domains, in all places, and in all spectrums at the same time to 
achieve their interests. We have seen it in hundreds of billions of 
dollars a year of stolen American intellectual property, a wholesale 
theft of governmental personnel records, free speech sapping Chinese 
communist clubs on campuses, secret police facilities in our cities 
that restrict freedom of expression, and intentionally designed and 
financed disinformation operations and propaganda campaigns. We see it 
in action in the infiltration of our companies, our media, our 
entertainment, and our public dialogue. In February, the Office of the 
Director of National Intelligence released the ``Annual Threat 
Assessment of the U.S. Intelligence Community.'' One key point of 
extreme concern is the deliberate Chinese activities designed to 
manipulate policy by: ``redoubling its efforts to build influence at 
the state and local level to shift U.S. policy in China's favor because 
of Beijing's belief that local officials are more pliable than their 
federal counterparts.'' These insidious actions hinder our ability to 
act in our own best interests while diminishing our capabilities and 
reducing our national will. And, when the CCP believes that the time is 
right, they will take greater steps of aggression.
    In an environment of strategic competition and to counter the 
temptation of Chinese aggression, the stated U.S. strategy is 
integrated deterrence. It is designed to alter the perceptions of 
benefits, costs, and risks of the Chinese action that we hope to 
prevent, and fundamentally uses proven capability and demonstrated will 
as its foundation. Anything that hinders our will ultimately diminishes 
our deterrence and makes it more likely that a communist-controlled 
China will be tempted to take aggressive action.
    During the last 17-months, we have seen the heart-breaking war of 
aggression against the freedom-loving people of Ukraine by Vladimir 
Putin and the Russian Federation. Putin is a serial war criminal and a 
ruthless thug. Ukraine has held their ground brilliantly. Yet, the war 
was in part prompted by Putin's perception that the west did not have 
the will to provide the support necessary for Ukraine to repel their 
invasion. He has been surprised by their resilience and our consistent 
support. The war, however, continues to wreak havoc in part because 
Putin's oversized influence on food and energy supplies prevents the 
world from taking further action to stop his aggression. He flexed his 
muscle in this way even earlier this week. Humanity's reliance on these 
resources has hindered our will, and China is watching.
    Even in the last month, China has enacted new export controls on 
critical metals that are essential to the production of semi-
conductors, missile, systems, lasers, and radars. Such action should be 
considered a warning shot of their resolve and a test of our will. The 
United States and our allies and partners have settled into a plan for 
de-risking in key areas with China to minimize our vulnerabilities and 
diminish Chinese influence. We must take great care to prioritize our 
de-risking in areas that are particularly important, where we are 
notably vulnerable, and where our supply chains are heavily reliant on 
or insidiously persuaded by harmful external influences.
    Specifically today, I want to emphasize the critical importance of 
phosphate and its derivatives to the ongoing strategic competition and 
our national security, particularly in the context of capability and 
will that make up a successful strategy of integrated deterrence. It is 
important to note the developing stranglehold enjoyed by malign actors 
in this area with China sitting as the undisputed top producer of 
phosphate with over 30 percent of world-wide extractions. Russia ranks 
a hefty fourth.
    Phosphate and its derivatives serve as indispensable components in 
the production of military weapons, explosives, and propellants, while 
also providing the treatments that maintain the longevity of a variety 
of weapon systems. Phosphate enables the proper explosions of our 
weapons, the accuracy of our aim, the survivability of our aircraft, 
and the propulsion of our ships. It is a key element of warfighting 
that must be maintained through a safe, sustainable and reliable supply 
chain that cannot be held hostage to Chinese malign interests and 
underhanded influence activities. This makes up the capability 
component of integrated deterrence, and the loss or reduction of these 
warfighting systems would be devastating to our military success. Yet, 
the will component of our deterrent strategy is even more critical.
    Phosphate and its derivatives serve as key components of fertilizer 
and animal feed. Thus, worldwide food supplies are reliant on this 
single mineral and can be held hostage by those who control it. As a 
result, it is also a particularly vulnerable target for Chinese-backed 
disinformation operations. Far more fundamental than even the wheat 
resources that have played a major role in the lack of western will to 
fully push back against Russia in its war of aggression in Ukraine, 
phosphate is a necessary component for the survival of humanity. Any 
Chinese threats of disruption for a substantial portion of worldwide 
phosphate supply would weigh heavily on our decision-making calculus 
and may tip the scales that makes the Chinese Communist Party believe 
that our will is simply too fragile to resist their acts of aggression 
when international and domestic food security is at risk. At that 
point, they WILL act to secure their interests and it WILL be counter 
to our interests.
    This is a true national security threat. America must develop 
policies that make our phosphate supply chain safe, sustainable, and 
resilient in the face of China's multi-pronged assault of Unrestricted 
Warfare. To combat that assault, I believe that phosphate must be 
designated a critical mineral and that we must be extremely wary of 
Chinese disinformation and propaganda influence at all levels that 
would dissuade us from aggressively de-risking in this area. I see 
these as key steps forward in protecting our national security and 
maintaining a strong posture of integrated deterrence against Chinese 
aggression.

                                 ______
                                 
                        Statement for the Record
                          L.J. Bardswich, P.E.
                                Director
                   United States Antimony Corporation

    Antimony was included on the United States Geological Survey (USGS) 
listing of critical minerals in 2017 ``mainly because of its use in 
military applications.'' Antimony is also on the European Union 
Critical Minerals list. The USGS states that the leading uses of 
antimony were as follows: flame retardants, 40%; metal products, 
including antimonial lead and ammunition, 36%; and nonmetal products, 
including ceramics and glass and rubber products, 24%.
    It is understood that 90% of the world's supply of antimony comes 
from China either as a product of their mines or from mines in other 
countries but is smelted and refined in China. There are presently no 
primary antimony mines in the US. The proposed re-opening of the 
antimony mine in Stibnite, Idaho (which was the primary source of 
antimony for all the allies during World War II), has a two-year 
construction time frame to production after permitting is finalized. 
United States Antimony Corporation (USAC) with head office and a small 
smelter and refinery in Thompson Falls, Montana has particular 
expertise in the production and refining of antimony products. Canada's 
largest mining company trucks a waste product from their lead/zinc 
smelter to the Thompson Falls facilities where antimony is recovered. 
Small mines in Mexico supply antimony ores to a larger USAC smelter in 
Madero, Mexico. USAC products include antimony metal ingots, antimony 
trioxide and antimony trisulphide.
    Metal and/or trioxide can be used in flame retardants, antimonial 
lead and in many non-metal products. Antimony trisulphide is required 
for primers for ammunition and tracer bullets (recycling of this 
antimony is obviously not an option). Presently, USAC, from mines in 
Mexico, is the only approved North American mine source of antimony for 
the production and supply of antimony trisulfide to the Department of 
Defense/Defense Logistics Agency (DOD) for primers in munitions. All 
the major munition manufacturers in the USA have evaluated and approved 
the use of antimony trisulfide produced at the Thompson Falls, MT plant 
(using proprietary methods developed over the last 12 years) sourced 
from Mexican mines. However, these mines are in remote areas of Mexico, 
generally controlled by the cartels, and with poor roads and other 
infrastructure. The safety of miners, technical personnel and 
management is of great concern, and the lack of infrastructure, 
especially roads, inhibits the optimal operation of these mines. United 
States government assistance in encouraging the Mexican government to 
provide protection to their citizens and to improve their roads to 
these small mining communities would be extremely helpful.
    USAC continues with the search for additional antimony trisulphide 
sources in Idaho, Montana, Nevada, Alaska, and Canada. Most antimony 
showings are either too small, have erratic mineralization, or have 
deleterious impurities which make them uneconomic and difficult (or 
unsuitable) to meet DOD specifications. An exception is the Beaverbrook 
antimony mine in Newfoundland, Canada, however it has been purchased by 
a China-based corporation. (Prospectors in Alaska also report the 
presence of China-based parties seeking sources of antimony, but this 
has not been confirmed). If the search for an economic deposit becomes 
successful, the track record of mining companies obtaining permits on 
federal lands in the United States, on a timely basis, is extremely 
poor. The situation in Canada has recently improved but remains very 
time consuming. Small, high-grade deposits are easier to permit and are 
being mined in Mexico (utilizing lower labor costs than in the US). 
There may be some deposits on private land or State land in the US 
which may be feasible, however, to date none have been identified.

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Submissions for the Record by Rep. Grijalva

                        SAN CARLOS APACHE TRIBE

                          San Carlos, Arizona

                                              July 21, 2023        

        Hon. Rep. Paul Gosar          Hon. Rep. Andy Biggs
        U.S. House of 
        Representatives               U.S. House of Representatives
        2057 Rayburn House Office 
        Bldg                          252 Cannon House Office Bldg
        Washington, DC 20515          Washington, DC 20515

        Hon. Rep. Eli Crane           Hon. Rep. Debbie Lesko
        U.S. House of 
        Representatives               U.S. House of Representatives
        1229 Longworth House Office 
        Bldg                          1214 Longworth House Office Bldg
        Washington, DC 20515          Washington, DC 20515

        Hon. Rep. Mike Collins
        U.S. House of 
        Representatives
        1223 Longworth House Office 
        Bldg
        Washington, DC 20515

    Dear Representatives Gosar, Biggs, Crane, Lesko and Collins:

    On behalf of the over 17,000 members of the San Carlos Apache 
Tribe, I invite you to meet with Tribal leaders during your upcoming 
visit to Arizona to discuss substantive issues related to the proposed 
Resolution Copper Mine. We suggest meeting on sacred Apache ground at 
Oak Flat following your field hearing in Goodyear on Friday afternoon. 
The issues we propose to discuss include:
A. Resolution Copper Company's ties to Communist China
Facts
    The United States currently exports 25% of the copper concentrate 
produced by the nation's 25 copper mines, according to the US 
Geological Survey. The U.S. has two operating copper smelters, neither 
of which has the capacity to process the projected 500,000 tons of 
copper concentrate that Resolution Copper Company projects will be 
produced annually. Resolution has stated it does not intend to build a 
smelter. Resolution Copper is a joint venture owned by foreign-based 
miners Rio Tinto (55%) and BHP (45%). Last year, more than half of the 
sales from each company were to China. Rio Tinto's single largest 
shareholder is Chinalco, a Chinese state-owned aluminum producer, which 
controls nearly 15% of Rio Tinto's stock. China is by far the world's 
leading importer of copper concentrate. Resolution Copper has never 
definitively stated where it intends to process raw copper extracted 
from the Resolution Mine.
Discussion
    Why are you supporting a project that will result in copper being 
mined from beneath land currently controlled by the U.S. Forest Service 
and exported overseas for processing, most likely to Communist China, 
where it will be used to grow the Chinese renewable energy economy 
rather than America's?
B. Resolution Copper will deplete groundwater aquifers in the East Salt 
        River Valley
Facts
    The Resolution Copper Mine will consume at least 775,000-acre feet 
of finite groundwater supplies (250 billion gallons) in the East Salt 
River Valley. The amount is likely to be far higher based on Resolution 
Copper's technical reports. Arizona groundwater laws allow mining 
companies to pump unlimited amounts of groundwater without paying the 
state a dime. The Biden Administration is currently paying farmers, 
cities and Tribes $1.2 billion not to purchase Colorado River water 
over the next three years, equal to $521 an AF. Resolution Copper's 
depletion of groundwater will only increase demand for surface water in 
the future. Based on the $521 AF value for water in the Southwest, the 
state of Arizona will provide at least $404 million worth of 
groundwater to Resolution Copper for free. At the same time Arizona is 
giving away groundwater for free, the Arizona Department of Water 
Resources projects that East Salt River Valley will be the most 
severely impacted by depleted aquifers.
Discussion
    Why are you supporting a mining project that relies on a massive 
state groundwater subsidy that will ultimately destroy groundwater 
aquifers permanently damaging future, and far more sustainable, 
economic development in East Salt River Valley?

    As we say in our Apache language, Ahi'yi'e (thank you) in advance 
for your review and consideration of our request for a meeting.

            Sincerely,

                                             Terry Rambler,
                                                           Chairman

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