[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S2794-S2795]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1537. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of division F, add the following:

            TITLE IV--AMERICAN CRITICAL MINERAL INDEPENDENCE

     SEC. 6401. DEFINITIONS.

       In this title:
       (1) Byproduct.--The term ``byproduct'' has the meaning 
     given the term in section 7002(a) of the Energy Act of 2020 
     (30 U.S.C. 1606(a)).
       (2) Critical mineral.--The term ``critical mineral'' has 
     the meaning given the term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)), except that the term shall 
     not exclude materials described in paragraph (3)(B)(iii) of 
     that section.
       (3) Critical mineral project.--The term ``critical mineral 
     project'' means a project--
       (A) located on--
       (i) a mining claim, millsite claim, or tunnel site claim 
     for any locatable mineral;
       (ii) land open to mineral entry; or
       (iii) a Federal mineral lease; and
       (B) for the purpose of producing a critical mineral, 
     including--
       (i) as a byproduct, or a product of a host mineral, or from 
     tailings; or
       (ii) through an exploration project with respect to which 
     the presence of a byproduct is a reasonable expectation, 
     based on known mineral companionality, geologic formation, 
     mineralogy, or other factors.
       (4) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (5) Lead agency.--The term ``lead agency'' means the agency 
     with primary responsibility for issuing a mineral exploration 
     or mine permit for a project.
       (6) Mineral exploration or mine permit.--The term ``mineral 
     exploration or mine permit'' means--
       (A) an authorization of the Bureau of Land Management or 
     the Forest Service, as applicable, for a premining activity 
     that requires analysis under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.);
       (B) a plan of operations issued by the Bureau of Land 
     Management or the Forest Service; and
       (C) a permit for a project located in an area for which a 
     hardrock mineral permit or lease is available.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (8) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands; and
       (G) the United States Virgin Islands.

   Subtitle A--Rare Earth Elements and Critical Minerals Processing 
                              Technologies

     SEC. 6411. RARE EARTH ELEMENTS AND CRITICAL MINERALS 
                   PROCESSING TECHNOLOGIES.

       (a) Research Program for the Recovery of Critical 
     Minerals.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of the Interior, shall carry out a grant program to 
     research, develop, and assess advanced processing 
     technologies and techniques for--
       (A) the extraction, refining, separation, melting, or 
     production of critical minerals, including rare earth 
     elements; and
       (B) the extraction of critical minerals, including rare 
     earth elements, from various

[[Page S2795]]

     forms of mine waste and metallurgical activities, including 
     mine waste piles, abandoned mine land sites, acid mine 
     drainage sludge, byproducts produced through legacy mining 
     and metallurgy activities, and oil shale.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out the program under paragraph 
     (1) $30,000,000 for each of fiscal years 2022 through 2026.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of the Interior, shall submit to the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Natural Resources, the Committee on Science, 
     Space, and Technology, and the Committee on Energy and 
     Commerce of the House of Representatives a report evaluating 
     the research and development of advanced processing 
     technologies for the extraction, refining, separation, 
     melting, or production of critical minerals, including rare 
     earth elements.

    Subtitle B--Critical Mineral Development and Technology Support

     SEC. 6421. IMPROVING DOMESTIC PERMITTING PROCESSES.

       (a) In General.--Notwithstanding any other provision of 
     law, and except with agreement of the project sponsor, the 
     total period for all necessary Federal reviews and permit 
     consideration for a critical mineral project on Federal land 
     reasonably expected to produce critical minerals may not 
     exceed--
       (1) with respect to a project that requires an 
     environmental assessment under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)), 18 months; or
       (2) with respect to a project that requires an 
     environmental impact statement under that section, 24 months.
       (b) Determination Under National Environmental Policy 
     Act.--
       (1) In general.--To the extent that the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     applies to the issuance of any mineral exploration or mine 
     permit relating to a critical mineral project, the lead 
     agency may deem the requirements of that Act to be satisfied 
     if the lead agency determines that a State or Federal agency 
     acting under State or Federal law has addressed the following 
     factors:
       (A) The environmental impact of the action to be conducted 
     under the permit.
       (B) Possible alternatives to issuance of the permit.
       (C) The relationship between long- and short-term uses of 
     the local environment and the maintenance and enhancement of 
     long-term productivity.
       (D) Any irreversible and irretrievable commitment of 
     resources that would be involved in the proposed action.
       (2) Publication.--The lead agency shall publish a 
     determination under paragraph (1) not later than 90 days 
     after receipt of an application for the permit.
       (3) Verification.--The lead agency shall publish a 
     determination that the factors under paragraph (1) have been 
     sufficiently addressed and public participation has occurred 
     with regard to any authorizing actions before issuing any 
     mineral exploration or mine permit for a critical mineral 
     project.
       (c) Schedule for Permitting Process.--For any critical 
     mineral project for which the lead agency cannot make the 
     determination described in subsection (b)(1), at the request 
     of a project sponsor, the lead agency, cooperating agencies, 
     and any other agencies involved with the mineral exploration 
     or mine permitting process shall enter into an agreement with 
     the project sponsor that sets time limits for each part of 
     the permitting process, including--
       (1) the decision on whether to prepare an environmental 
     impact statement or similar analysis required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.);
       (2) a determination of the scope of any environmental 
     impact statement or similar analysis required under that Act;
       (3) the scope of, and schedule for, the baseline studies 
     required to prepare an environmental impact statement or 
     similar analysis required under that Act;
       (4) preparation of any draft environmental impact statement 
     or similar analysis required under that Act;
       (5) preparation of a final environmental impact statement 
     or similar analysis required under that Act;
       (6) any consultations required under applicable law;
       (7) submission and review of any comments required under 
     applicable law;
       (8) publication of any public notices required under 
     applicable law; and
       (9) any final or interim decisions.
       (d) Considerations.--In carrying out this section, the lead 
     agency shall consider deferring to, and relying on, baseline 
     data, analyses, and reviews performed by State agencies with 
     jurisdiction over the proposed critical mineral project.
       (e) Memorandum of Agreement.--The lead agency with respect 
     to a critical mineral project on Federal land, in 
     consultation with any other Federal agency with jurisdiction 
     over the critical mineral project, shall, on request of the 
     project sponsor, a State or local government, an Indian 
     Tribe, or another entity the lead agency determines 
     appropriate, establish a memorandum of agreement with the 
     project sponsor, a State or local government, an Indian 
     Tribe, or another entity the lead agency determines 
     appropriate to carry out the activities described in this 
     section.
       (f) Addressing Public Comments.--As part of the review 
     process of a critical mineral project under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     the lead agency may not address any agency or public comments 
     that were not submitted--
       (1) during a public comment period or consultation period 
     provided during the permitting process; or
       (2) as otherwise required by law.

     SEC. 6422. TECHNOLOGY GRANTS TO STRENGTHEN DOMESTIC MINING 
                   WORKFORCE.

       (a) Definition of Mining School.--In this section, the term 
     ``mining school'' means--
       (1) a mining, metallurgical, or mineral engineering program 
     or department accredited by the Accreditation Board for 
     Engineering and Technology, Inc. that is located at an 
     institution of higher education (as defined in section 101 of 
     the Higher Education Act of 1965 (20 U.S.C. 1001)); and
       (2) a geology or engineering program or department that is 
     located at an institution of higher education (as so defined) 
     located in a State the gross domestic product of which in 
     2020 was not less than $1,000,000,000 in the category 
     ``Mining, quarrying, and oil & gas extraction'', according to 
     the Bureau of Economic Analysis.
       (b) Grant Program.--The Secretary, in coordination with the 
     Secretary of the Interior, shall establish a competitive 
     grant program under which an entity receiving a grant shall 
     carry out a study, research project, or demonstration project 
     relating to the production of critical minerals, including 
     relating to--
       (1) enhancing and supporting mining and mineral engineering 
     programs at mining schools;
       (2) mining, mineral extraction efficiency, and related 
     processing technology;
       (3) reclamation technology and practices for active mining 
     operations;
       (4) the development of remining systems and technologies 
     that facilitate reclamation that fosters the recovery of 
     resources at abandoned mine sites;
       (5) critical mineral extraction methods that reduce 
     environmental and human impacts;
       (6) technologies to extract, refine, separate, melt, or 
     produce rare earth elements;
       (7) reducing dependence on foreign energy and mineral 
     supplies through increased domestic critical mineral 
     production;
       (8) enhancing the competitiveness of United States energy 
     and mineral technology exports;
       (9) the extraction or processing of coinciding 
     mineralization, including rare earth elements, within coal, 
     coal processing byproduct, overburden or coal residue;
       (10) enhancing technologies and practices relating to 
     mitigation of acid mine drainage, reforestation, and 
     revegetation in the reclamation of land and water resources 
     adversely affected by mining;
       (11) enhancing exploration and characterization of new or 
     novel deposits, including rare earth elements and critical 
     minerals within phosphate rocks, uranium bearing deposits, 
     and other non-traditional sources;
       (12) meeting challenges of extreme mining conditions, such 
     as deeper deposits or offshore or cold region mining; and
       (13) mineral economics, including analysis of supply 
     chains, future mineral needs, and unconventional mining 
     resources.
       (c) Minimum Amount for Mining Schools.--The Secretary shall 
     use not less than 70 percent of the amounts made available 
     for the grant program established under subsection (b) for 
     each fiscal year to provide grants for the purpose described 
     in paragraph (1) of that subsection.
       (d) Public Participation.--In carrying out this section, 
     the Secretary shall--
       (1) consult with relevant stakeholders; and
       (2) provide to undergraduate and graduate students at 
     mining schools significant opportunities for participation.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2022 through 2026.
                                 ______