[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5631-S5632]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2238. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title II of division D, insert 
     the following:

     SEC. 402__. CRITICAL MINERAL MINING PROGRAM.

       (a) Definitions.--In this section:
       (1) 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)).
       (2) Eligible entity.--The term ``eligible entity'' means an 
     entity engaged in or intending to engage in--
       (A) the mining, processing, refining, alloying, separating, 
     smelting, concentrating, or beneficiating of critical 
     minerals or the reprocessing or recycling of mine tailings, 
     smelter or refinery slags, or residues; or
       (B) any other value-added, mining-related, manufacturing-
     related, or processing-related use of critical minerals 
     undertaken within the United States.
       (3) Eligible mineral.--The term ``eligible mineral'' means 
     each of the critical minerals identified by the Secretary and 
     the Secretary of Defense under subsection (b)(2)(A).
       (4) Program.--The term ``program'' means the competitive 
     grant program established under subsection (b)(1).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Program Establishment.--
       (1) In general.--The Secretary, in coordination with the 
     Secretary of Defense, shall establish a program to use 
     amounts from the Defense Production Act Fund under section 
     304 of the Defense Production Act of 1950 (50 U.S.C. 4534) to 
     award competitive grants to eligible entities for the 
     processing, refining, alloying, separating, smelting, 
     concentrating, or beneficiating of eligible minerals.
       (2) Determination; identification.--
       (A) Eligible minerals.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary and the 
     Secretary of Defense, in coordination with the National 
     Economic Council, shall jointly identify 10 critical minerals 
     that are the most critical for manufacturing.
       (B) Suitable locations.--The Secretary, in coordination 
     with the Secretary of Defense, shall identify Federal and 
     non-Federal land for which it is economically feasible and 
     environmentally sound to mine the eligible minerals.
       (3) Selection.--
       (A) Applications.--An eligible entity seeking a grant under 
     the program shall submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       (B) Selection criteria.--In awarding grants under the 
     program, the Secretary shall only award grants to eligible 
     entities that--
       (i) have documented interests in constructing, expanding, 
     or modernizing facilities that carry out an activity or use 
     described in subparagraph (A) or (B) of subsection (a)(2); 
     and
       (ii) in the determination of the Secretary of Defense, in 
     coordination with the Secretary, demonstrate strong labor 
     protections, including prevailing wage requirements.
       (4) Use of funds.--A grant under the program may be used 
     for the environmental assessment, processing, mitigation, and 
     clean-up necessary to mine, process, refine, alloy, separate, 
     smelt, concentrate, or beneficiate eligible minerals on the 
     Federal and non-Federal land identified under paragraph 
     (2)(B).
       (5) Environmental laws.--In carrying out activities using a 
     grant under the program, an eligible entity shall comply 
     with--
       (A) all applicable environmental laws (including 
     regulations); and
       (B) any other environmental standards determined to be 
     necessary by the Secretary.
       (6) Funding.--Notwithstanding any other provision of law, 
     of the amounts available in the Defense Production Act Fund 
     under section 304 of the Defense Production Act of 1950 (50 
     U.S.C. 4534), the Secretary, in coordination with the 
     Secretary of Defense, may use

[[Page S5632]]

     $50,000,000 each fiscal year to carry out the program.
                                 ______