[Congressional Record Volume 167, Number 90 (Monday, May 24, 2021)]
[Senate]
[Page S3370]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1962. Mr. LEE 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 title III of division F, add the following:

     SEC. 63__. CRITICAL MINERAL DEVELOPMENT.

       (a) Definitions.--In this section:
       (1) Critical mineral.--The term ``critical mineral'' means 
     a critical mineral included on the Final List of Critical 
     Minerals 2018 published by the Secretary of the Interior (83 
     Fed. Reg. 23295 (May 18, 2018)).
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means, as applicable--
       (A) the Secretary of the Interior; or
       (B) the Secretary of Agriculture.
       (b) Review.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, each Secretary concerned shall 
     complete a review of all land under the jurisdiction of the 
     Secretary concerned that is subject to an administrative 
     withdrawal from mineral development.
       (2) Critical minerals.--
       (A) In general.--In carrying out the review under paragraph 
     (1), the Secretary concerned shall use data of the United 
     States Geological Survey and any other relevant Federal 
     agencies to determine whether any land identified under that 
     paragraph contains any critical mineral.
       (B) Solicitation of comments.--In carrying out subparagraph 
     (A), the Secretary concerned shall hold a comment period for 
     private sources to share data regarding whether any land 
     identified under paragraph (1) contains any critical mineral.
       (c) List.--At the end of the 90-day period described in 
     paragraph (1) of subsection (b), each Secretary concerned 
     shall submit to Congress a report containing a comprehensive 
     list of all land identified as subject to an administrative 
     withdrawal from mineral development, including information on 
     whether the land contains any critical mineral, as determined 
     under paragraph (2) of that subsection.
       (d) Final Rule.--
       (1) In general.--Not later than 30 days after the date on 
     which the Secretary concerned submits the report under 
     subsection (c), the Secretary concerned shall issue a final 
     rule to rescind the withdrawal for each parcel of land 
     determined under subsection (b)(2) to contain any critical 
     mineral.
       (2) Final rule.--Each individual rescission made by the 
     Secretary concerned under paragraph (1) shall be deemed to be 
     a rule for purposes of chapter 8 of title 5, United States 
     Code (commonly known as the ``Congressional Review Act'').
       (e) Automatic Withdrawal.--With respect to any parcel of 
     land under the jurisdiction of the Secretary concerned that 
     is subject to an administrative withdrawal from mineral 
     development, if the Secretary does not submit a report under 
     subsection (c) with respect to that parcel by the deadline 
     described in subsection (b)(1), the administrative withdrawal 
     for that parcel shall automatically be rescinded.
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