[Congressional Record Volume 171, Number 211 (Monday, December 15, 2025)]
[House]
[Pages H5884-H5885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   APPLICATION OF MINERAL LEASING ACT FOR ACQUIRED LANDS TO HARDROCK 
                                MINERALS

  Mr. STAUBER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3872) to amend the Mineral Leasing Act for Acquired Lands to 
make that Act applicable to hardrock minerals, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3872

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. APPLICATION OF MINERAL LEASING ACT FOR ACQUIRED 
                   LANDS TO HARDROCK MINERALS.

       The Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 
     et seq.) is amended--
       (1) in section 2 (30 U.S.C. 351)--
       (A) by striking ``Act `United States' '' and inserting the 
     following: ``Act:
       ``(1) United states.--The term `United States' '';
       (B) by striking ``Alaska. `Acquired lands' '' and inserting 
     the following: ``Alaska.
       ``(2) Acquired lands; lands acquired by the united 
     states.--The term `acquired lands' '';
       (C) by striking ``552). `Secretary' '' and inserting the 
     following: ``552).
       ``(3) Secretary.--The term `Secretary' '';
       (D) by striking ``Interior. `Mineral leasing laws' shall 
     mean'' and inserting the following: ``Interior.
       ``(4) Mineral leasing laws.--The term `mineral leasing 
     laws' means'';
       (E) by striking ``Acts. `Lease' '' and inserting the 
     following: ``Acts.
       ``(5) Lease.--The term `lease' '';
       (F) by striking ``requires. The term'' and inserting the 
     following: ``requires.
       ``(6) Oil.--The term''; and
       (G) by adding at the end the following:
       ``(7) Hardrock mineral.--The term `hardrock mineral'--
       ``(A) includes deposits of--
       ``(i) minerals found in sedimentary or other rocks;
       ``(ii) base metals;
       ``(iii) precious metals;
       ``(iv) industrial minerals; and
       ``(v) precious and semi-precious gemstones; and
       ``(B) does not include deposits of--
       ``(i) coal;
       ``(ii) oil;
       ``(iii) oil shale;
       ``(iv) gas;
       ``(v) sodium;
       ``(vi) potassium;
       ``(vii) sulfur; or
       ``(viii) mineral materials subject to disposition under the 
     Act of July 31, 1947, commonly known as the Materials Act of 
     1947 (30 U.S.C. 601 et seq.).''; and
       (2) in section 3 (30 U.S.C. 352), by striking ``and 
     sulfur'' and inserting ``sulfur, and hardrock minerals''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Minnesota (Mr. Stauber) and the gentleman from Puerto Rico (Mr. 
Hernandez) each will control 20 minutes.
  The Chair recognizes the gentleman from Minnesota.


                             General Leave

  Mr. STAUBER. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and to 
include extraneous material on H.R. 3872, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. STAUBER. Mr. Speaker, I yield myself such time as I may consume.

[[Page H5885]]

  Mr. Speaker, I rise today in support of H.R. 3872, which would amend 
the Mineral Leasing Act for Acquired Lands, clarifying that all lands 
acquired by the Federal Government are eligible to be considered for 
hardrock mineral leasing.
  I thank my colleague Representative Fallon for his work on the 
bipartisan piece of legislation.
  Acquired lands comprise 10 percent of the Nation's Federal lands, or 
64 million acres. The Mineral Leasing Act for Acquired Lands governs 
mineral leasing for a wide range of resources on these lands. However, 
the existing statute leaves out hardrock minerals. As a result, 
acquired Federal lands holding key critical minerals have effectively 
been locked up. This includes vast deposits in the Smackover Formation, 
which spans across the southeastern United States and hosts some of 
America's best lithium reserves.
  Specifically, in northeast Texas, the Bureau of Land Management is 
currently unable to even consider hardrock mineral leasing for a 
lithium-rich portion of the Smackover Formation because it is located 
on land acquired by the Federal Government more than 80 years ago under 
a statute that does not explicitly allow hardrock mineral leasing.
  H.R. 3872 would address this issue by providing a much-needed 
technical fix to the Mineral Leasing Act for Acquired Lands, giving the 
Secretary of the Interior the authority to tap into our vast mineral 
wealth across all types of acquired lands.
  As we seek to reshore our mineral supply chains, we must ensure that 
no stone gets left unturned. By allowing greater access to tens of 
millions of acres of acquired lands, this legislation would help to 
break our reliance on adversarial nations like China.
  Again, Mr. Speaker, I thank my colleague, Mr. Fallon, for his work on 
this commonsense bill. I ask my colleagues to join me in supporting 
this bill, and I reserve the balance of my time.
  Mr. HERNANDEZ. Mr. Speaker, I rise in support of H.R. 3872, a bill to 
amend the Mineral Leasing Act for Acquired Lands, clarifying that all 
lands acquired by the Federal Government are eligible for potential 
hardrock mineral leasing.
  Most mining on Federal lands operates under a claims system, where 
U.S. citizens or U.S. subsidiaries of foreign companies can claim 
certain open areas of public land for their mineral rights. On most 
acquired lands, which are lands obtained through means other than the 
original public lands laws, like through a purchase or exchange, 
hardrock mineral rights are leased, similar to procedures for oil, gas, 
and coal. However, if the statute used to acquire that land doesn't 
explicitly authorize hardrock mineral leasing, then mineral leasing 
can't take place.
  This is the case with the Department of Defense lands in Texas, 
specifically the Red River Army Depot, which was acquired under various 
statutes that did not specifically authorize hardrock leasing.
  A lithium exploration company applied for a permit to explore at the 
Army Depot, but the Bureau of Land Management did not have the power 
the authorize exploration.
  The company already has industrial leases on adjacent private lands, 
and this bill would not grant any specific permits but would give BLM 
the authority to issue permits and leases if appropriate.
  This is a good bill. It is a technical fix that will help us 
potentially develop lithium resources which are essential for the clean 
energy transition.
  I will add that this bill authorizes hardrock leasing, which is a far 
better and more responsible practice than the claims staking system we 
have across the rest of our Federal lands.
  Mr. Speaker, I urge my colleagues to support the legislation, and I 
reserve the balance of my time.
  Mr. STAUBER. Mr. Speaker, I yield 5 minutes to the gentleman from 
Texas (Mr. Fallon), who is the lead sponsor of this bill.
  Mr. FALLON. Mr. Speaker, if critical minerals like lithium are 
essential to our military and to our national security, if that is the 
case, then why are we still relying on our number one global adversary 
to supply them?
  China is mining about 18 percent of all the lithium in the world. 
With the United States, that percentage is less than 1. As far as 
refining, China is about 67 percent, some estimates up to 80 percent, 
where the United States is at 2 percent.
  For years now, the United States has been overly reliant on the 
communists in Beijing. It is in America's best national security 
interest to maintain deterrence against the CCP, not only in the Indo-
Pacific, but especially here at home in our supply chains and critical 
industries. This is why I first introduced H.R. 3872, the MERICA Act, 
which would allow for the expanded extraction of critical minerals on 
Federal lands.

                              {time}  1710

  In fact, we already have some of these critical minerals in 
abundance. A portion of the district I am privileged to represent falls 
within what is known as the Smackover Formation, a geological formation 
that encompasses areas from east Texas all the way to the Florida 
panhandle.
  Thanks to a recent U.S. Geological Survey-led study, we know there 
are an estimated 5 to 19 million tons of lithium reserves in the 
Smackover Formation, and it is ready for extraction.
  Lithium is essential for military and defense applications. It 
includes batteries and power systems used in unmanned aerial systems, 
such as the ones planning to be assembled under the Army's SkyFoundry 
Initiative, which is also absolutely critical for our Nation's future 
defense.
  Under current law, these valuable lithium deposits are locked up on 
Federal lands, preventing their usage. The MERICA Act would amend the 
Mineral Leasing Act for Acquired Lands by adding hardrock minerals as 
part of the listed deposits subject to leasing so that all federally 
acquired lands can be considered for hardrock mineral leasing.
  The MERICA Act would also give the Secretary of the Interior the 
authority to follow through on President Trump's executive order by 
ramping up mineral extraction and production on our own Federal lands.
  We can't continue to play into the hands of Beijing by granting them 
de facto control of the global lithium supply chain--it makes 
absolutely no sense--whether through domestic mines or ones they have 
gained through other means, such as the Belt and Road Initiative.
  The demand for lithium will only continue to increase as the days go 
by. We must bolster our national capabilities and work to address the 
ever-growing burden on our Nation's power grid. By passing the MERICA 
Act, we would take the commonsense step to utilize Federal lands to 
their full and utmost potential.
  Mr. Speaker, I thank my colleagues very much for their consideration. 
For the sake of America's security, I urge all of my colleagues in this 
august Chamber to support H.R. 3872.
  Mr. HERNANDEZ. Mr. Speaker, I urge my colleagues to support the 
legislation, and I yield back the balance of my time.
  Mr. STAUBER. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, this is a great bill that would provide a much-needed 
technical fix to the Mineral Leasing Act for Acquired Lands. I again 
thank the gentleman from Texas (Mr. Fallon) for his work on this 
bipartisan piece of legislation. I urge my colleagues to support this 
bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Minnesota (Mr. Stauber) that the House suspend the rules 
and pass the bill, H.R. 3872, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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