[Senate Report 116-131]
[From the U.S. Government Publishing Office]
Calendar No. 251
116th Congress } { Report
SENATE
1st Session } { 116-131
======================================================================
AMERICAN MINERAL SECURITY ACT
_______
October 22, 2019.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 1317]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1317) to facilitate the availability,
development, and environmentally responsible production of
domestic resources to meet national material or critical
mineral needs, and for other purposes, having considered the
same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill, as
amended, do pass.
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Mineral
Security Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AMERICAN MINERAL SECURITY
Sec. 101. Definitions.
Sec. 102. Policy.
Sec. 103. Critical mineral designations.
Sec. 104. Resource assessment.
Sec. 105. Permitting.
Sec. 106. Federal Register process.
Sec. 107. Recycling, efficiency, and alternatives.
Sec. 108. Analysis and forecasting.
Sec. 109. Education and workforce.
Sec. 110. National geological and geophysical data preservation
program.
Sec. 111. Administration.
Sec. 112. Authorization of appropriations.
TITLE II--RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES
Sec. 201. Program for extraction and recovery of rare earth elements
and minerals from coal and coal byproducts.
Sec. 202. Report.
TITLE I--AMERICAN MINERAL SECURITY
SEC. 101. DEFINITIONS.
In this title:
(1) Byproduct.--The term ``byproduct'' means a critical
mineral--
(A) the recovery of which depends on the production
of a host mineral that is not designated as a critical
mineral; and
(B) that exists in sufficient quantities to be
recovered during processing or refining.
(2) Critical mineral.--
(A) In general.--The term ``critical mineral'' means
any mineral, element, substance, or material designated
as critical by the Secretary under section 103.
(B) Exclusions.--The term ``critical mineral'' does
not include--
(i) fuel minerals, including oil, natural gas,
or any other fossil fuels; or
(ii) water, ice, or snow.
(3) Critical mineral manufacturing.--The term ``critical
mineral manufacturing'' means--
(A) the exploration, development, mining, production,
processing, refining, alloying, separation,
concentration, magnetic sintering, melting, or
beneficiation of critical minerals within the United
States;
(B) the fabrication, assembly, or production, within
the United States, of equipment, components, or other
goods with energy technology-, defense-, agriculture-,
consumer electronics-, or health care-related
applications; or
(C) any other value-added, manufacturing-related use
of critical minerals undertaken within the United
States.
(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) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) 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.
SEC. 102. POLICY.
(a) In General.--Section 3 of the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1602) is
amended in the second sentence--
(1) by striking paragraph (3) and inserting the following:
``(3) establish an analytical and forecasting capability for
identifying critical mineral demand, supply, and other factors
to allow informed actions to be taken to avoid supply
shortages, mitigate price volatility, and prepare for demand
growth and other market shifts;'';
(2) in paragraph (6), by striking ``and'' after the semicolon
at the end; and
(3) by striking paragraph (7) and inserting the following:
``(7) facilitate the availability, development, and
environmentally responsible production of domestic resources to
meet national material or critical mineral needs;
``(8) avoid duplication of effort, prevent unnecessary
paperwork, and minimize delays in the administration of
applicable laws (including regulations) and the issuance of
permits and authorizations necessary to explore for, develop,
and produce critical minerals and to construct critical mineral
manufacturing facilities in accordance with applicable
environmental and land management laws;
``(9) strengthen--
``(A) educational and research capabilities at not
lower than the secondary school level; and
``(B) workforce training for exploration and
development of critical minerals and critical mineral
manufacturing;
``(10) bolster international cooperation through technology
transfer, information sharing, and other means;
``(11) promote the efficient production, use, and recycling
of critical minerals;
``(12) develop alternatives to critical minerals; and
``(13) establish contingencies for the production of, or
access to, critical minerals for which viable sources do not
exist within the United States.''.
(b) Conforming Amendment.--Section 2(b) of the National Materials
and Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
1601(b)) is amended by striking ``(b) As used in this Act, the term''
and inserting the following:
``(b) Definitions.--In this Act:
``(1) Critical mineral.--The term `critical mineral' means
any mineral, element, substance, or material designated as
critical by the Secretary under section 103 of the American
Mineral Security Act.
``(2) Materials.--The term''.
SEC. 103. CRITICAL MINERAL DESIGNATIONS.
(a) Draft Methodology and List.--The Secretary, acting through the
Director of the United States Geological Survey (referred to in this
section as the ``Secretary''), shall publish in the Federal Register
for public comment--
(1) a description of the draft methodology used to identify a
draft list of critical minerals;
(2) a draft list of minerals, elements, substances, and
materials that qualify as critical minerals; and
(3) a draft list of critical minerals recovered as
byproducts.
(b) Availability of Data.--If available data is insufficient to
provide a quantitative basis for the methodology developed under this
section, qualitative evidence may be used to the extent necessary.
(c) Final Methodology and List.--After reviewing public comments on
the draft methodology and the draft list of critical minerals published
under subsection (a) and updating the methodology and list as
appropriate, not later than 45 days after the date on which the public
comment period with respect to the draft methodology and draft list
closes, the Secretary shall publish in the Federal Register--
(1) a description of the final methodology for determining
which minerals, elements, substances, and materials qualify as
critical minerals; and
(2) the final list of critical minerals.
(d) Designations.--
(1) In general.--For purposes of carrying out this section,
the Secretary shall maintain a list of minerals, elements,
substances, and materials designated as critical, pursuant to
the final methodology published under subsection (c), that the
Secretary determines--
(A) are essential to the economic or national
security of the United States;
(B) the supply chain of which is vulnerable to
disruption (including restrictions associated with
foreign political risk, abrupt demand growth, military
conflict, violent unrest, anti-competitive or
protectionist behaviors, and other risks throughout the
supply chain); and
(C) serve an essential function in the manufacturing
of a product (including energy technology-, defense-,
currency-, agriculture-, consumer electronics-, and
health care-related applications), the absence of which
would have significant consequences for the economic or
national security of the United States.
(2) Inclusions.--Notwithstanding the criteria under
subsection (c), the Secretary may designate and include on the
list any mineral, element, substance, or material determined by
another Federal agency to be strategic and critical to the
defense or national security of the United States.
(3) Required consultation.--The Secretary shall consult with
the Secretaries of Defense, Commerce, Agriculture, and Energy
and the United States Trade Representative in designating
minerals, elements, substances, and materials as critical under
this subsection.
(e) Subsequent Review.--
(1) In general.--The Secretary, in consultation with the
Secretaries of Defense, Commerce, Agriculture, and Energy and
the United States Trade Representative, shall review the
methodology and list under subsection (c) and the designations
under subsection (d) at least every 3 years, or more frequently
as the Secretary considers to be appropriate.
(2) Revisions.--Subject to subsection (d)(1), the Secretary
may--
(A) revise the methodology described in this section;
(B) determine that minerals, elements, substances,
and materials previously determined to be critical
minerals are no longer critical minerals; and
(C) designate additional minerals, elements,
substances, or materials as critical minerals.
(f) Notice.--On finalization of the methodology and the list under
subsection (c), or any revision to the methodology or list under
subsection (e), the Secretary shall submit to Congress written notice
of the action.
SEC. 104. RESOURCE ASSESSMENT.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, in consultation with applicable State (including
geological surveys), local, academic, industry, and other entities, the
Secretary shall complete a comprehensive national assessment of each
critical mineral that--
(1) identifies and quantifies known critical mineral
resources, using all available public and private information
and datasets, including exploration histories; and
(2) provides a quantitative and qualitative assessment of
undiscovered critical mineral resources throughout the United
States, including probability estimates of tonnage and grade,
using all available public and private information and
datasets, including exploration histories.
(b) Supplementary Information.--In carrying out this section, the
Secretary may carry out surveys and field work (including drilling,
remote sensing, geophysical surveys, topographical and geological
mapping, and geochemical sampling and analysis) to supplement existing
information and datasets available for determining the existence of
critical minerals in the United States.
(c) Public Access.--Subject to applicable law, to the maximum
extent practicable, the Secretary shall make all data and metadata
collected from the comprehensive national assessment carried out under
subsection (a) publically and electronically accessible.
(d) Technical Assistance.--At the request of the Governor of a
State or the head of an Indian tribe, the Secretary may provide
technical assistance to State governments and Indian tribes conducting
critical mineral resource assessments on non-Federal land.
(e) Prioritization.--
(1) In general.--The Secretary may sequence the completion of
resource assessments for each critical mineral such that
critical minerals considered to be most critical under the
methodology established under section 103 are completed first.
(2) Reporting.--During the period beginning not later than 1
year after the date of enactment of this Act and ending on the
date of completion of all of the assessments required under
this section, the Secretary shall submit to Congress on an
annual basis an interim report that--
(A) identifies the sequence and schedule for
completion of the assessments if the Secretary
sequences the assessments; or
(B) describes the progress of the assessments if the
Secretary does not sequence the assessments.
(f) Updates.--The Secretary may periodically update the assessments
conducted under this section based on--
(1) the generation of new information or datasets by the
Federal Government; or
(2) the receipt of new information or datasets from critical
mineral producers, State geological surveys, academic
institutions, trade associations, or other persons.
(g) Additional Surveys.--The Secretary shall complete a resource
assessment for each additional mineral or element subsequently
designated as a critical mineral under section 103(e)(2) not later than
2 years after the designation of the mineral or element.
(h) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report describing
the status of geological surveying of Federal land for any mineral
commodity--
(1) for which the United States was dependent on a foreign
country for more than 25 percent of the United States supply,
as depicted in the report issued by the United States
Geological Survey entitled ``Mineral Commodity Summaries
2019''; but
(2) that is not designated as a critical mineral under
section 103.
SEC. 105. PERMITTING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) critical minerals are fundamental to the economy,
competitiveness, and security of the United States;
(2) to the maximum extent practicable, the critical mineral
needs of the United States should be satisfied by minerals
responsibly produced and recycled in the United States; and
(3) the Federal permitting process has been identified as an
impediment to mineral production and the mineral security of
the United States.
(b) Performance Improvements.--To improve the quality and
timeliness of decisions, the Secretary (acting through the Director of
the Bureau of Land Management) and the Secretary of Agriculture (acting
through the Chief of the Forest Service) (referred to in this section
as the ``Secretaries''') shall, to the maximum extent practicable, with
respect to critical mineral production on Federal land, complete
Federal permitting and review processes with maximum efficiency and
effectiveness, while supporting vital economic growth, by--
(1) establishing and adhering to timelines and schedules for
the consideration of, and final decisions regarding,
applications, operating plans, leases, licenses, permits, and
other use authorizations for mineral-related activities on
Federal land;
(2) establishing clear, quantifiable, and temporal permitting
performance goals and tracking progress against those goals;
(3) engaging in early collaboration among agencies, project
sponsors, and affected stakeholders--
(A) to incorporate and address the interests of those
parties; and
(B) to minimize delays;
(4) ensuring transparency and accountability by using cost-
effective information technology to collect and disseminate
information regarding individual projects and agency
performance;
(5) engaging in early and active consultation with State,
local, and Indian tribal governments to avoid conflicts or
duplication of effort, resolve concerns, and allow for
concurrent, rather than sequential, reviews;
(6) providing demonstrable improvements in the performance of
Federal permitting and review processes, including lower costs
and more timely decisions;
(7) expanding and institutionalizing permitting and review
process improvements that have proven effective;
(8) developing mechanisms to better communicate priorities
and resolve disputes among agencies at the national, regional,
State, and local levels; and
(9) developing other practices, such as preapplication
procedures.
(c) Review and Report.--Not later than 1 year after the date of
enactment of this Act, the Secretaries shall submit to Congress a
report that--
(1) identifies additional measures (including regulatory and
legislative proposals, as appropriate) that would increase the
timeliness of permitting activities for the exploration and
development of domestic critical minerals;
(2) identifies options (including cost recovery paid by
permit applicants) for ensuring adequate staffing and training
of Federal entities and personnel responsible for the
consideration of applications, operating plans, leases,
licenses, permits, and other use authorizations for critical
mineral-related activities on Federal land;
(3) quantifies the amount of time typically required
(including range derived from minimum and maximum durations,
mean, median, variance, and other statistical measures or
representations) to complete each step (including those aspects
outside the control of the executive branch, such as judicial
review, applicant decisions, or State and local government
involvement) associated with the development and processing of
applications, operating plans, leases, licenses, permits, and
other use authorizations for critical mineral-related
activities on Federal land, which shall serve as a baseline for
the performance metric under subsection (d); and
(4) describes actions carried out pursuant to subsection (b).
(d) Performance Metric.--Not later than 90 days after the date of
submission of the report under subsection (c), the Secretaries, after
providing public notice and an opportunity to comment, shall develop
and publish a performance metric for evaluating the progress made by
the executive branch to expedite the permitting of activities that will
increase exploration for, and development of, domestic critical
minerals, while maintaining environmental standards.
(e) Annual Reports.--Beginning with the first budget submission by
the President under section 1105 of title 31, United States Code, after
publication of the performance metric required under subsection (d),
and annually thereafter, the Secretaries shall submit to Congress a
report that--
(1) summarizes the implementation of recommendations,
measures, and options identified in paragraphs (1) and (2) of
subsection (c);
(2) using the performance metric under subsection (d),
describes progress made by the executive branch, as compared to
the baseline established pursuant to subsection (c)(3), on
expediting the permitting of activities that will increase
exploration for, and development of, domestic critical
minerals; and
(3) compares the United States to other countries in terms of
permitting efficiency and any other criteria relevant to the
globally competitive critical minerals industry.
(f) Individual Projects.--Using data from the Secretaries generated
under subsection (e), the Director of the Office of Management and
Budget shall prioritize inclusion of individual critical mineral
projects on the website operated by the Office of Management and Budget
in accordance with section 1122 of title 31, United States Code.
(g) Report of Small Business Administration.--Not later than 1 year
and 300 days after the date of enactment of this Act, the Administrator
of the Small Business Administration shall submit to the applicable
committees of Congress a report that assesses the performance of
Federal agencies with respect to--
(1) complying with chapter 6 of title 5, United States Code
(commonly known as the ``Regulatory Flexibility Act''), in
promulgating regulations applicable to the critical minerals
industry; and
(2) performing an analysis of regulations applicable to the
critical minerals industry that may be outmoded, inefficient,
duplicative, or excessively burdensome.
(h) Application.--Section 41001(6)(A) of the FAST Act (42 U.S.C.
4370m(6)(A)) is amended in the matter preceding clause (i) by inserting
``(including critical mineral manufacturing (as defined in section 101
of the American Mineral Security Act))'' after ``manufacturing''.
SEC. 106. FEDERAL REGISTER PROCESS.
(a) Departmental Review.--Absent any extraordinary circumstance,
and except as otherwise required by law, the Secretary and the
Secretary of Agriculture shall ensure that each Federal Register notice
described in subsection (b) shall be--
(1) subject to any required reviews within the Department of
the Interior or the Department of Agriculture; and
(2) published in final form in the Federal Register not later
than 45 days after the date of initial preparation of the
notice.
(b) Preparation.--The preparation of Federal Register notices
required by law associated with the issuance of a critical mineral
exploration or mine permit shall be delegated to the organizational
level within the agency responsible for issuing the critical mineral
exploration or mine permit.
(c) Transmission.--All Federal Register notices regarding official
document availability, announcements of meetings, or notices of intent
to undertake an action shall be originated in, and transmitted to the
Federal Register from, the office in which, as applicable--
(1) the documents or meetings are held; or
(2) the activity is initiated.
SEC. 107. RECYCLING, EFFICIENCY, AND ALTERNATIVES.
(a) Establishment.--The Secretary of Energy (referred to in this
section as the ``Secretary'') shall conduct a program of research and
development--
(1) to promote the efficient production, use, and recycling
of critical minerals throughout the supply chain; and
(2) to develop alternatives to critical minerals that do not
occur in significant abundance in the United States.
(b) Cooperation.--In carrying out the program, the Secretary shall
cooperate with appropriate--
(1) Federal agencies and National Laboratories;
(2) critical mineral producers;
(3) critical mineral processors;
(4) critical mineral manufacturers;
(5) trade associations;
(6) academic institutions;
(7) small businesses; and
(8) other relevant entities or individuals.
(c) Activities.--Under the program, the Secretary shall carry out
activities that include the identification and development of--
(1) advanced critical mineral extraction, production,
separation, alloying, or processing technologies that decrease
the energy consumption, environmental impact, and costs of
those activities, including--
(A) efficient water and wastewater management
strategies;
(B) technologies and management strategies to control
the environmental impacts of radionuclides in ore
tailings;
(C) technologies for separation and processing; and
(D) technologies for increasing the recovery rates of
byproducts from host metal ores;
(2) technologies or process improvements that minimize the
use, or lead to more efficient use, of critical minerals across
the full supply chain;
(3) technologies, process improvements, or design
optimizations that facilitate the recycling of critical
minerals, and options for improving the rates of collection of
products and scrap containing critical minerals from post-
consumer, industrial, or other waste streams;
(4) commercial markets, advanced storage methods, energy
applications, and other beneficial uses of critical minerals
processing byproducts;
(5) alternative minerals, metals, and materials, particularly
those available in abundance within the United States and not
subject to potential supply restrictions, that lessen the need
for critical minerals; and
(6) alternative energy technologies or alternative designs of
existing energy technologies, particularly those that use
minerals that--
(A) occur in abundance in the United States; and
(B) are not subject to potential supply restrictions.
(d) Reports.--Not later than 2 years after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to
Congress a report summarizing the activities, findings, and progress of
the program.
SEC. 108. ANALYSIS AND FORECASTING.
(a) Capabilities.--In order to evaluate existing critical mineral
policies and inform future actions that may be taken to avoid supply
shortages, mitigate price volatility, and prepare for demand growth and
other market shifts, the Secretary, in consultation with the Energy
Information Administration, academic institutions, and others in order
to maximize the application of existing competencies related to
developing and maintaining computer-models and similar analytical
tools, shall conduct and publish the results of an annual report that
includes--
(1) as part of the annually published Mineral Commodity
Summaries from the United States Geological Survey, a
comprehensive review of critical mineral production,
consumption, and recycling patterns, including--
(A) the quantity of each critical mineral
domestically produced during the preceding year;
(B) the quantity of each critical mineral
domestically consumed during the preceding year;
(C) market price data or other price data for each
critical mineral;
(D) an assessment of--
(i) critical mineral requirements to meet the
national security, energy, economic,
industrial, technological, and other needs of
the United States during the preceding year;
(ii) the reliance of the United States on
foreign sources to meet those needs during the
preceding year; and
(iii) the implications of any supply
shortages, restrictions, or disruptions during
the preceding year;
(E) the quantity of each critical mineral
domestically recycled during the preceding year;
(F) the market penetration during the preceding year
of alternatives to each critical mineral;
(G) a discussion of international trends associated
with the discovery, production, consumption, use, costs
of production, prices, and recycling of each critical
mineral as well as the development of alternatives to
critical minerals; and
(H) such other data, analyses, and evaluations as the
Secretary finds are necessary to achieve the purposes
of this section; and
(2) a comprehensive forecast, entitled the ``Annual Critical
Minerals Outlook'', of projected critical mineral production,
consumption, and recycling patterns, including--
(A) the quantity of each critical mineral projected
to be domestically produced over the subsequent 1-year,
5-year, and 10-year periods;
(B) the quantity of each critical mineral projected
to be domestically consumed over the subsequent 1-year,
5-year, and 10-year periods;
(C) an assessment of--
(i) critical mineral requirements to meet
projected national security, energy, economic,
industrial, technological, and other needs of
the United States;
(ii) the projected reliance of the United
States on foreign sources to meet those needs;
and
(iii) the projected implications of potential
supply shortages, restrictions, or disruptions;
(D) the quantity of each critical mineral projected
to be domestically recycled over the subsequent 1-year,
5-year, and 10-year periods;
(E) the market penetration of alternatives to each
critical mineral projected to take place over the
subsequent 1-year, 5-year, and 10-year periods;
(F) a discussion of reasonably foreseeable
international trends associated with the discovery,
production, consumption, use, costs of production, and
recycling of each critical mineral as well as the
development of alternatives to critical minerals; and
(G) such other projections relating to each critical
mineral as the Secretary determines to be necessary to
achieve the purposes of this section.
(b) Proprietary Information.--In preparing a report described in
subsection (a), the Secretary shall ensure, consistent with section
5(f) of the National Materials and Minerals Policy, Research and
Development Act of 1980 (30 U.S.C. 1604(f)), that--
(1) no person uses the information and data collected for the
report for a purpose other than the development of or reporting
of aggregate data in a manner such that the identity of the
person or firm who supplied the information is not discernible
and is not material to the intended uses of the information;
(2) no person discloses any information or data collected for
the report unless the information or data has been transformed
into a statistical or aggregate form that does not allow the
identification of the person or firm who supplied particular
information; and
(3) procedures are established to require the withholding of
any information or data collected for the report if the
Secretary determines that withholding is necessary to protect
proprietary information, including any trade secrets or other
confidential information.
SEC. 109. EDUCATION AND WORKFORCE.
(a) Workforce Assessment.--Not later than 1 year and 300 days after
the date of enactment of this Act, the Secretary of Labor (in
consultation with the Secretary, the Director of the National Science
Foundation, institutions of higher education with substantial expertise
in mining, institutions of higher education with significant expertise
in minerals research, including fundamental research into alternatives,
and employers in the critical minerals sector) shall submit to Congress
an assessment of the domestic availability of technically trained
personnel necessary for critical mineral exploration, development,
assessment, production, manufacturing, recycling, analysis,
forecasting, education, and research, including an analysis of--
(1) skills that are in the shortest supply as of the date of
the assessment;
(2) skills that are projected to be in short supply in the
future;
(3) the demographics of the critical minerals industry and
how the demographics will evolve under the influence of factors
such as an aging workforce;
(4) the effectiveness of training and education programs in
addressing skills shortages;
(5) opportunities to hire locally for new and existing
critical mineral activities;
(6) the sufficiency of personnel within relevant areas of the
Federal Government for achieving the policies described in
section 3 of the National Materials and Minerals Policy,
Research and Development Act of 1980 (30 U.S.C. 1602); and
(7) the potential need for new training programs to have a
measurable effect on the supply of trained workers in the
critical minerals industry.
(b) Curriculum Study.--
(1) In General.--The Secretary and the Secretary of Labor
shall jointly enter into an arrangement with the National
Academy of Sciences and the National Academy of Engineering
under which the Academies shall coordinate with the National
Science Foundation on conducting a study--
(A) to design an interdisciplinary program on
critical minerals that will support the critical
mineral supply chain and improve the ability of the
United States to increase domestic, critical mineral
exploration, development, production, manufacturing,
research, including fundamental research into
alternatives, and recycling;
(B) to address undergraduate and graduate education,
especially to assist in the development of graduate
level programs of research and instruction that lead to
advanced degrees with an emphasis on the critical
mineral supply chain or other positions that will
increase domestic, critical mineral exploration,
development, production, manufacturing, research,
including fundamental research into alternatives, and
recycling;
(C) to develop guidelines for proposals from
institutions of higher education with substantial
capabilities in the required disciplines for activities
to improve the critical mineral supply chain and
advance the capacity of the United States to increase
domestic, critical mineral exploration, research,
development, production, manufacturing, and recycling;
and
(D) to outline criteria for evaluating performance
and recommendations for the amount of funding that will
be necessary to establish and carry out the program
described in subsection (c).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
description of the results of the study required under
paragraph (1).
(c) Program.--
(1) Establishment.--The Secretary and the Secretary of Labor
shall jointly conduct a competitive grant program under which
institutions of higher education may apply for and receive 4-
year grants for--
(A) startup costs for newly designated faculty
positions in integrated critical mineral education,
research, innovation, training, and workforce
development programs consistent with subsection (b);
(B) internships, scholarships, and fellowships for
students enrolled in programs related to critical
minerals;
(C) equipment necessary for integrated critical
mineral innovation, training, and workforce development
programs; and
(D) research of critical minerals and their
applications, particularly concerning the manufacture
of critical components vital to national security.
(2) Renewal.--A grant under this subsection shall be
renewable for up to 2 additional 3-year terms based on
performance criteria outlined under subsection (b)(1)(D).
SEC. 110. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION
PROGRAM.
Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C.
15908(k)) is amended by striking ``$30,000,000 for each of fiscal years
2006 through 2010'' and inserting ``$5,000,000 for each of fiscal years
2020 through 2029, to remain available until expended''.
SEC. 111. ADMINISTRATION.
(a) In General.--The National Critical Materials Act of 1984 (30
U.S.C. 1801 et seq.) is repealed.
(b) Conforming Amendment.--Section 3(d) of the National
Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 5202(d))
is amended in the first sentence by striking ``, with the assistance of
the National Critical Materials Council as specified in the National
Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.),''.
(c) Savings Clauses.--
(1) In general.--Nothing in this title or an amendment made
by this title modifies any requirement or authority provided
by--
(A) the matter under the heading ``geological
survey'' of the first section of the Act of March 3,
1879 (43 U.S.C. 31(a)); or
(B) the first section of Public Law 87--626 (43
U.S.C. 31(b)).
(2) Effect on Department of Defense.--Nothing in this title
or an amendment made by this title affects the authority of the
Secretary of Defense with respect to the work of the Department
of Defense on critical material supplies in furtherance of the
national defense mission of the Department of Defense.
(3) Secretarial Order Not Affected.--This title shall not
apply to any mineral described in Secretarial Order No. 3324,
issued by the Secretary on December 3, 2012, in any area to
which the order applies.
(d) Application of Certain Provisions.--
(1) In general.--Sections 105 and 106 shall apply to--
(A) an exploration project in which the presence of a
byproduct is reasonably expected, based on known
mineral companionality, geologic formation, mineralogy,
or other factors; and
(B) a project that demonstrates that the byproduct is
of sufficient grade that, when combined with the
production of a host mineral, the byproduct is economic
to recover, as determined by the applicable Secretary
in accordance with paragraph (2).
(2) Requirement.--In making the determination under paragraph
(1)(B), the applicable Secretary shall consider the cost
effectiveness of the byproducts recovery.
SEC. 112. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$50,000,000 for each of fiscal years 2020 through 2029.
TITLE II--RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES
SEC. 201. PROGRAM FOR EXTRACTION AND RECOVERY OF RARE EARTH ELEMENTS
AND MINERALS FROM COAL AND COAL BYPRODUCTS.
(a) In General.--The Secretary of Energy, acting through the
Assistant Secretary for Fossil Energy (referred to in this title as the
``Secretary''), shall carry out a program under which the Secretary
shall develop advanced separation technologies for the extraction and
recovery of rare earth elements and minerals from coal and coal
byproducts.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program described in
subsection (a) $23,000,000 for each of fiscal years 2020 through 2027.
SEC. 202. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Energy and Commerce of the House of
Representatives a report evaluating the development of advanced
separation technologies for the extraction and recovery of rare earth
elements and minerals from coal and coal byproducts, including acid
mine drainage from coal mines.
Purpose
The purpose of S. 1317 is to facilitate the availability,
development, and environmentally responsible production of
domestic resources to meet national material or critical
mineral needs.
Background and Need
The economic health and national security of the United
States depend on a reliable supply of ``critical minerals.''
Critical minerals are defined by Executive Order 13817 as ``(i)
a non-fuel mineral or mineral material essential to the
economic and national security of the United States, (ii) the
supply chain of which is vulnerable to disruption, and (iii)
that serves an essential function in the manufacturing of a
product, the absence of which would have significant
consequences for our economy or our national security.'' Over
the past six decades the United States has become increasingly
dependent on foreign sources for critical minerals. These
critical minerals have increasing application in the defense,
energy, healthcare, manufacturing, technology, transportation,
and other domestic sectors. They are essential components for
semiconductors, solar panels, smart phones, batteries,
vehicles, satellites, and military systems. The United States
possesses vast mineral resources, including reserves of some
critical minerals, but produces a small fraction of these
mineral commodities, in part, because of economic and
regulatory hurdles to production including the federal
permitting process. In 2018, China, followed by Canada, were
the two major import sources for nonfuel mineral commodities
for which the United States was more than 50% import reliant.
The United States' mineral import dependency and the
concentration of mineral supply from certain countries are
broadly recognized as growing threats to economic growth,
competitiveness, and national security. The resulting price and
supply chain volatility has prompted a greater focus on
policies related to mineral security and critical minerals that
are important in use, susceptible to supply disruption, and for
which no substitutes are readily available.
According to the National Energy Technology Lab (NETL),
acid mine drainage sludge in West Virginia and Pennsylvania
represent approximately 610 to 2,700 tons of rare earth
elements designated as critical minerals per year. Since 2010,
NETL has been examining the concept of extracting these rare
earth elements from coal and coal byproducts through
Congressional appropriations but without a formal
authorization.
Recognizing that America's foreign mineral dependence
creates a critical vulnerability to economic growth and
national security, S. 1317 would address the entire mineral
supply chain by requiring the Secretary to conduct resources
assessments, identify and update the critical minerals list,
streamline the permitting process for critical minerals,
provide programs to develop a strong minerals workforce, and
encourage the recycling of minerals. The bill would also
formally authorize a program at the Department of Energy to
develop advanced separation technologies to extract and recover
rare earth elements (REE) from coal and coal byproducts.
Legislative History
S. 1317 was introduced by Senator Murkowski, with Senators
Manchin, McSally, and Sullivan as original cosponsors on May 2,
2019. Senators Barrasso, Capito, Cramer, Crapo, Daines, Jones,
Risch, and Tillis were later added as cosponsors. The Committee
on Energy and Natural Resources held a hearing on S. 1317 on
May 14, 2019.
In the 115th Congress, S. 1460, the Energy and Natural
Resources Act, was introduced by Senators Murkowski and
Cantwell on June 28, 2017. S. 1460 was placed directly on the
Senate calendar pursuant to Rule XIV of the Standing Rules of
the Senate. S. 1460 included similar provisions to those
included in S. 1317.
In the 114th Congress, S. 883, the American Mineral
Security Act, was introduced by Senator Murkowski on March 26,
2015. The Committee on Energy and Natural Resources held a
hearing on S. 883 on May 12, 2015 (S. Hrg. 114-141). S. 883 was
incorporated into S. 2012, the Energy Policy Modernization Act,
which was reported by the Committee on Energy and Natural
Resources by a vote of 18-4 on September 9, 2015. S. 2012
passed the Senate by a vote of 85-12 on April 20, 2016.
The Senate Committee on Energy and Natural Resources met in
an open business session on July 16, 2019, and ordered S. 1317
favorably reported, as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 16, 2019, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1317, if amended as described herein. Senators Lee, Wyden,
Cantwell, Stabenow, Heinrich, Hirono, and King asked to be
recorded as voting no.
Committee Amendment
During its consideration of S. 1317, the Committee adopted
an amendment in the nature of a substitute. The substitute
amendment adds the text of the Rare Earth Element Advanced Coal
Technologies Act (S. 1052), as separately reported by the
Committee (S. Rept. 116-74) to S. 1317, and reorganizes the
bill into two titles: Title I, American Mineral Security (which
contains the text of S. 1317), and Title II, Rare Earth Element
Advanced Coal Technologies (which contains the text of S.
1052). The substitute also renumbers the sections and makes
several amendments to the text of the following sections (as
renumbered):
Section 101(1) is amended to add a new definition for
``byproduct.''
Section 103(a) is amended to require the Director of the
U.S. Geological Survey (USGS) to publish a draft list of
critical minerals that are recovered as byproducts, in addition
to the draft methodology and list of critical minerals.
Section 107(c)(1), which authorizes research and
development activities that the Department of Energy (DOE) can
undertake, is amended to add a new subsection (c)(1)(D), which
authorizes DOE to identify and develop technologies to increase
the recovery rates from host metal ores.
Section 111 is amended to add a new subsection (d), which
makes clear that sections 105 and 106 of this legislation shall
also apply to projects that demonstrate that they have a
byproduct that is of a high enough grade to economically
recover when combined with the production of a host metal.
Section-by-Section Analysis
Section 1. Short title
Section 1 contains the short title and table of contents.
TITLE I--AMERICAN MINERAL SECURITY
Sec. 101. Definitions
Section 101 provides key definitions for title I.
Sec. 102. Policy
Section 102(a) amends section 3 of the National Materials
and Minerals Policy, Research and Development Act of 1980 to
modernize the congressional declaration of policy.
Subsection (b) contains a conforming amendment to add the
definition for ``critical mineral''.
Sec. 103. Critical mineral designations
Section 103(a) requires the Secretary of the Interior,
acting through the Director of the USGS, to publish a draft
methodology for the designation of critical minerals, a draft
list of critical minerals, and a draft list of critical
minerals recovered as byproducts in the Federal Register for a
public comment.
Subsection (b) authorizes the Secretary to use qualitative
data to develop the methodology if there is not sufficient
quantitative data.
Subsection (c) directs the Secretary to finalize the
methodology and list and publish them in the Federal Register
within 45 days of the public comment period closing.
Subsection (d) requires the Secretary, in consultation with
the Secretaries of Defense, Commerce, Agriculture, and Energy,
and the U.S. Trade Representative, to designate and maintain a
list of critical minerals that are (1) essential to the United
States; (2) vulnerable to a supply disruption; and (3) serve an
essential function in the manufacturing of a product.
Subsection (e) requires the methodology, list, and
designations to be reviewed and updated at least every three
years.
Subsection (f) directs the Secretary to provide written
notice to Congress once the methodology and list are finalized,
and anytime there is a revision to the methodology or list.
Sec. 104. Resource assessment
Section 104(a) requires the Secretary, in consultation with
State geological surveys, within four years of enactment, to
identify and quantify critical mineral resources throughout the
United States, and to provide a quantitative and qualitative
assessment of undiscovered domestic critical mineral resources.
Subsection (b) authorizes the Secretary to conduct
additional surveys to supplement the assessments, including
through geophysical surveys, and topographical and geological
mapping.
Subsection (c) requires the Secretary to make any data
collected for the assessment public, subject to all applicable
laws.
Subsection (d) authorizes the Secretary to provide
technical assistance to Indian tribes and states, if requested.
Subsection (e) authorizes the Secretary to prioritize
assessments for minerals that are deemed to be the most
critical, and requires the submission of annual reports to
provide a status update on the completion of the assessments.
Subsection (f) authorizes the Secretary to update the
assessments if new information becomes available.
Subsection (g) requires the Secretary to conduct
assessments of any critical mineral that is added to the list
within two years of its addition.
Subsection (h) requires the Secretary to submit a report to
Congress within two years of enactment that provides an update
on the status of geological surveying for minerals that the
United States has greater than a 25 percent foreign dependence
and are not designated as a critical mineral.
Sec. 105. Permitting
Section 105(a) provides a Sense of Congress that: (1)
critical minerals are fundamental to the economy,
competitiveness, and security of the United States; (2)
domestic sources of critical minerals should be used to satisfy
the United States' critical minerals demand; and (3) that
Federal permitting process has impeded domestic minerals
production and hindered America's mineral security.
Subsection (b) directs the Secretary, through the Director
of the Bureau of Land Management, and the Secretary of
Agriculture, through the Chief of the Forest Service, to the
maximum extent practical, to complete Federal permits
efficiently and to establish timelines and performance
improvement goals to reduce delays in the permitting process.
Subsection (c) requires the Secretaries to submit a report
to Congress within one year of enactment that (1) identifies
additional measures that can be taken to increase the
timeliness of permitting decisions; (2) identifies options to
ensure adequate staffing and training to process permits; (3)
quantifies the amount of time it takes to complete a Federal
permit, and (4) describes the performance improvements in
subsection (b).
Subsection (d) requires the Secretaries, within 90 days of
submitting the report in subsection (c), to develop and publish
a performance metric to measure the progress the Federal
government is making to expedite the permitting process.
Subsection (e) requires the submission of annual reports to
Congress that describe the progress made to expedite permits
that will increase exploration for and development of critical
mineral resources.
Subsection (f) requires the Director of the Office of
Management and Budget to prioritize the inclusion of critical
minerals on their website.
Subsection (g) requires the Administrator of the Small
Business Administration, within 300 days of enactment, to
submit a report to the Committees of jurisdiction on certain
regulations affecting the critical minerals industry.
Subsection (h) adds ``critical mineral manufacturing'' to
the Federal Infrastructure Projects Permitting Dashboard.
Sec. 106. Federal Register process
Section 106(a) requires Federal Register notices that are
issued for a critical minerals exploration or mine permit to be
published in final form within 45 days of the notice being
prepared.
Subsection (b) requires that the notices be prepared at the
organization level of the agency that is responsible for
issuing the permit.
Subsection (c) requires that the notices be transmitted
from the office in which the documents or meetings are held or
the activity is initiated.
Sec. 107. Recycling, efficiency, and alternatives
Section 107(a) directs the Secretary of Energy to establish
a program of research and development to promote the efficient
production, use, and recycling of critical minerals throughout
the supply chain, and to develop alternatives for critical
minerals that do not occur in significant abundance in the
United States.
Subsection (b) directs the Secretary of Energy to work with
Federal agencies, National Laboratories, critical mineral
producers, processers, and manufactures, and other stakeholders
to carry out the program.
Subsection (c) directs the Secretary of Energy to develop
advanced critical mineral production technologies, including
those that more efficiently use or recycle critical minerals.
Subsection (d) requires the Secretary of Energy to submit a
report to Congress on the status of the program within two
years of enactment.
Sec. 108. Analysis and forecasting
Section 108(a) directs the Secretary, in consultation with
the Energy Information Administration (EIA) and other
stakeholders, to develop and maintain analytical tools that
provide a comprehensive review of critical mineral production,
consumption, and recycling as a part of the USGS's annual
Mineral Commodity Summaries report. The subsection further
requires the Secretary and the EIA to establish one, five, and
10-year forecasting capability for critical mineral reliance,
and domestic consumption and production Subsection (b) requires
the Secretary to protect any proprietary data that is used or
collected for the forecasts.
Sec. 109. Education and workforce
Section 109(a) requires the Secretary of Labor, in
consultation with the Secretary and institutions of higher
education, to submit a report to Congress within one year and
300 days of enactment, that analyzes and assesses the supply of
trained personnel for the critical minerals supply chain.
Subsection (b) requires the Secretary of Labor, in
consultation with the Secretary, the National Academy of
Sciences, and the National Science Foundation to develop
curriculum for institutions of higher education that will train
and prepare students for jobs in the critical minerals supply
chain.
Subsection (c) requires the Secretary and the Secretary of
Labor to conduct a competitive grant program that provides
four-year grants to institutions of higher education that
support critical minerals education and internships.
Sec. 110. National Geological and Geophysical Data Preservation Program
Section 110 reauthorizes the National Geological and
Geophysical Data Preservation Program at $5 million a year for
each of fiscal years 2020 through 2029.
Sec. 111. Administration
Section 111(a) repeals the National Critical Materials Act
of 1984.
Subsection (b) makes conforming amendments.
Subsection (c) provides three savings clauses related to
the effect of the critical minerals bill and the authority of
the Department of Defense with respect to critical minerals
work.
Subsection (d) makes clear that sections 105 and 106 of
this legislation shall also apply to projects that demonstrate
that they have a byproduct that is of a high enough grade to
economically recover when combined with the production of a
host metal.
Sec. 112. Authorization of appropriations
Section 112 authorizes $50 million a year for each of
fiscal years 2020 through 2029 to carry out title I.
TITLE II--RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES
Sec. 201. Program for extraction and recovery of rare earth elements
and minerals from coal and coal byproducts
Section 201 requires the Secretary, acting through the
Assistant Secretary for Fossil Energy, to carry out a program
to develop advanced separation technologies for the extraction
and recovery of REEs and minerals from coal and coal
byproducts.
Subsection (b) authorizes $23 million for each of fiscal
years 2020 through 2027.
Sec. 202. Report
Section 202 directs the Secretary, within one year of
enactment, to provide a report to the Congressional committees
of jurisdiction that evaluates the development of advanced
separation technologies for the extraction and recovery of REEs
and minerals from coal and coal byproducts.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Title I of S. 1317 would authorize the appropriation of $50
million annually over the 2020-2029 period for the Department
of the Interior (DOI), the Department of Energy (DOE), and the
Department of Labor to implement several new programs related
to classifying, extracting, and using mineral resources in the
United States. Title I also would authorize the appropriation
of $5 million annually over the 2020-2029 period for DOI to
implement the National Geological and Geophysical Data
Preservation Program. In 2019, DOI allocated $1.3 million to
that program.
Title II of the bill would authorize the appropriation of
$23 million annually over the 2020-2027 period for DOE to
develop advanced technologies to extract rare-earth elements
and minerals from coal and coal byproducts. In 2019, DOE
allocated $18 million for such activities. The bill also would
direct DOE to report to the Congress on the development of such
technologies.
Based on historical spending patterns for similar
activities, and assuming appropriation of the authorized
amounts, CBO estimates that implementing S. 1317 would cost
$303 million over the 2019-2024 period. The costs of the
legislation (detailed in Table 1) fall within budget function
300 (natural resources and environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1317
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
--------------------------------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2019-2024 2019-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title I American Mineral Security Estimated Budget:
Authority........................................ 0 55 55 55 55 55 55 55 55 55 55 275 550
Estimated Outlays................................ 0 28 44 55 55 55 55 55 55 55 55 237 512
Title II Rare Earth Element Advanced Coal
Technologies:
Estimated Revenues............................... 0 23 23 23 23 23 23 23 23 0 0 115 184
Estimated Outlays................................ 0 3 9 15 18 21 22 22 22 20 13 66 165
Total Changes:
Authorization................................ 0 78 78 78 78 78 78 78 78 55 55 390 734
Estimated Outlays............................ 0 31 53 70 73 76 77 77 77 75 68 303 677
--------------------------------------------------------------------------------------------------------------------------------------------------------
On July 24, 2019, CBO transmitted a cost estimate for S.
1052, the Rare Earth Element Advanced Coal Technologies Act, as
ordered reported by the Senate Committee on Energy and Natural
Resources on July 16, 2019. Title II of S. 1317 is similar to
S. 1052 and CBO's estimated costs of those provisions are the
same.
The CBO staff contacts for this estimate are Robert Reese
and Janani Shankaran. The estimate was reviewed by H. Samuel
Papenfuss, Deputy Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1317. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1317, as ordered reported.
Congressionally Directed Spending
S. 1317, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior at
the May 14, 2019, hearing on S. 1317 follows:
Statement of Joseph Balash, Assistant Secretary for Land and Minerals
Management, U.S. Department of the Interior
Thank you for the opportunity to testify on the Department
of the Interior's (Department) development and management of
critical minerals and on S. 1317, the American Mineral Security
Act. The bill would require the Department to develop and
maintain a list of minerals critical to the economic prosperity
and national security of the United States and to improve the
process of locating, developing, and using those critical
minerals. The bill would also require several other agencies--
including the Department of Energy, the Department of Labor,
the U.S. Forest Service, the National Science Foundation, and
the Small Business Administration--to track and report on
efforts to promote improved critical minerals management.
The Department appreciates the Chairman and the Ranking
Member's recognition of the great importance of critical
minerals. We are grateful for the hard work that has been done
to draft legislation that will help us fulfill the critical
minerals strategy developed in response to Executive Order
13817, A Federal Strategy to Ensure Secure and Reliable
Supplies of Critical Minerals. We look forward to working with
you on the bill to best achieve these goals and national
security. The United States is currently 100 percent reliant on
imports of 14 critical minerals, and over 50 percent import-
reliant on 15 critical minerals.
federal critical minerals strategy
To address this vulnerability, in 2017 the President issued
Executive Order 13817, A Federal Strategy to Ensure Secure and
Reliable Supplies of Critical Minerals. This Executive Order
called on agencies across the Federal Government to develop a
report that lays out a strategy to reduce the Nation's
susceptibility to critical mineral supply disruptions. To
implement the President's order, Secretary Zinke issued
Secretary's Order 3359, Critical Mineral Independence and
Security. The Secretary of the Interior, with broad Federal
interagency input, led development of the critical minerals
list, which was published in the Federal Register on May 18,
2018. The list will be updated periodically to reflect current
data on supply, demand, and concentration of production. The
list currently includes 35 commodities.
The critical minerals list forms the foundation of the full
strategy in the Administration's report under E.O. 13817, which
is forthcoming. The Department has already committed to a
number of activities, including expanding geologic mapping
using cutting edge technology which will be essential to assess
our critical mineral resource potential. Furthermore, the
Department is also conducting a review of permitting processes
on Federal public lands. The Department will be fully engaged
in implementing the strategy included in the forthcoming
report, which will require collaboration across the Federal
government and cooperation with States, Tribes, universities,
and the private sector.
In order to ultimately improve the United States' access to
critical minerals, the USGS and the Bureau of Ocean Energy
Management (BOEM) will undertake a plan to expand the mapping
of the United States. The USGS' Earth Mapping Resources
Initiative (Earth MRI) will leverage the bureau's existing
relationships with States and the private sector to conduct
state-of-the-art mapping and airborne geophysical and
topographic (lidar) surveys. Analyses of these datasets should
point to potential buried critical mineral deposits. BOEM is
beginning to focus its efforts on the potential for offshore
critical mineral interest and development as part of their
Marine Minerals Program, with an initial focus in Alaska. BOEM
also proposed initiating a National Offshore Critical Mineral
Inventory to supplement the work by the USGS and the Bureau of
Land Management (BLM).
Additionally, the Administration has made environmentally
responsible development of all domestic sources of energy a
priority. Executive Order 13783, Promoting Energy Independence
and Economic Growth calls upon the Department, and other
Federal agencies, to increase access to and reduce burdens on
energy development on public lands. This includes renewable
energy development--and certain renewable energy technologies,
especially advanced photovoltaic cells and batteries, which
rely on critical minerals. Also, increasing access to oil and
gas development will increase availability of helium, which is
a byproduct of that development, and is a critical mineral.
In response to the President's Executive Orders, the
Department and the BLM have improved environmental reviews and
permitting authorizations for energy and mineral development.
One such example is Secretary's Order 3355, Streamlining
National Environmental Policy Act Reviews and Implementation of
Executive Order 13807, which provides a number of internal
Departmental directives to increase efficiency of environmental
reviews, including setting page and time limit goals on all
National Environmental Policy Act (NEPA) analysis. Over the
last ten years, BLM Environmental Impact Statements (EISs) had
an average preparation time of approximately five years. The
BLM implemented Secretary's Order 3355 by establishing a new
12-month approval process for EISs and their associated Federal
Register notices. The BLM also continues to coordinate with
elected officials, engage with Tribes, other Federal agencies,
and the public, to identify additional opportunities to
streamline planning and NEPA processes at the BLM.
s. 1317, american mineral security act
S. 1317, the American Mineral and Security Act, would
require the Department to develop and maintain a list of
minerals critical to the economic prosperity and national
security of the United States and to improve the process of
locating, developing and using those critical minerals. The
bill would also authorize various other agencies to conduct
activities that would promote critical mineral industry and its
supply chain. The Department defers to those agencies on the
provisions that affect them.
Designation & Assessment of Critical Minerals (Secs. 4, 5, 9 & 11)
The bill (Section 4) authorizes a process by which the USGS
and other agencies would support the Secretary of the
Interior's designation of critical minerals. These provisions
closely align with the Department's successful work to
designate critical minerals as part of our Federal critical
minerals strategy. Section 5 of the bill directs the Secretary
of the Interior to conduct resource assessments of those
critical minerals, within four years and with an update at two
years. The Department supports conducting these assessments. As
part of the Federal critical minerals strategy, the Department
is directing the USGS and BOEM to assess critical mineral
resources, including mapping on Federal public lands and
offshore lands. The Department would like to work with the
Committee on the timelines for the assessments to align them
with the Federal strategy. In lieu of completing a four-year
assessment of all critical minerals, we would recommend instead
authorizing that at least one national or regional domestic
multi-commodity critical mineral resource assessment on
prospective deposit types be delivered every two years. The
Department also would like to discuss with the Committee
opportunities to improve our offshore critical minerals
inventory.
Under the bill (Section 9), the USGS and the Energy
Information Agency would be directed to expand current reports
on mineral commodities to include an annual critical mineral
forecast and certain other analyses. As part of the Federal
critical minerals strategy, the Administration will improve
certain critical mineral reporting, such as the annual USGS
Mineral Commodity Summaries. The Department looks forward to
further discussion with the Committee on this section to
determine appropriate reporting requirements and timeframes,
particularly for commodity forecasting. Finally, the Department
supports the bill's (Section 11) reauthorization of the
National Geologic and Geophysical Data Preservation Program at
the USGS, which is important in the implementation of the
Federal critical minerals strategy.
Permitting & Development (Sections 6 & 7)
The bill (Section 6) directs the Department and the U.S.
Forest Service (Forest Service) to implement improvements to
each respective agency's mineral development permitting
processes for critical minerals. It would also require several
reports, including an annual report on the progress of
implementing these permit processing improvements. The bill
directs the Department and the Forest Service, to the maximum
extent practicable, to establish and adhere to timelines for
processing the applications and final decisions for critical
minerals. It also requires the Department to engage in early
and active consultation with State, local, and Tribal
governments to allow for concurrent reviews as a means to
minimize delays in issuing permits. Under Secretary's Order
3355, the Department is committed to finding and implementing
efficiencies in permitting, and this section of the bill aligns
with these priorities. The Secretary's Order similarly directs
the BLM to adhere to a schedule for processing environmental
reviews.
Under the bill (Section 7), Federal Register notices must
be published by the offices that issue critical mineral permits
within 45 days of initial preparation. The Department supports
the sponsors' goal of expediting permitting processes. We would
like to continue to work with the sponsors on finding ways to
help streamline the Department's notification process.
Provisions Affecting Other Agencies
The Department defers to the Department of Energy, the
Department of Labor, the National Science Foundation and the
Small Business Administration on the bill's provisions that
affect their respective agencies.
conclusion
The Department is committed to promoting domestically
sourced critical minerals. Doing so will create and sustain
jobs, promote U.S. technological innovation, and reduce our
Nation's vulnerability to disruptions in the critical mineral
supply chain. Thank you for the opportunity to present this
testimony. I will be glad to answer any questions.
Executive views on S. 1317 and S. 1052 were requested from
the Department of Energy, but have not been received. The
testimony provided by the Department of Energy at the December
5, 2017, hearing on S. 1563, similar legislation, follows:
Testimony of Under Secretary Mark Menezes, U.S. Department of Energy
s. 1563--rare earth element advanced coal technologies act
It's likely the development of a domestic supply of rare
earth elements (REEs) that is economically competitive will
help fuel our nation's economic growth, secure our energy
independence, and increase our national security. The bill
appears to authorize $20 million per year from 2018 through
2025 for the Department of Energy (specifically the Office of
Fossil Energy) to develop advanced separation technologies for
the extraction and recovery of REEs and minerals from coal and
coal byproducts. It appears the bill also requests that DOE, in
consultation with the Department of Defense, within 1 year
after date of enactment, submit a report that assesses the
importance of REEs to the United States, evaluates the
development of new separation technologies, and analyzes the
market impact of new technologies. Due to the complexities of
the research and scope of the report, Congress may want to
consider extending the due date of the initial assessment.
The bill appears to acknowledge the current ongoing efforts
within DOE to advance separation technologies for the recovery
of REEs. Thus, DOE appreciates the proposed legislation as it
incorporates its ongoing R&D. DOE is developing technologies
with the goal of enabling additional domestic supplies of REEs,
reducing environmental impact of coal and REE production, and
delivering technologies that can be manufactured within the
United States. DOE has accomplished much in this area,
including the evaluation of pilot-scale processing options, and
the nature and distribution of REEs in U.S. coal deposits.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 1317, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ARCTIC RESEARCH AND POLICY ACT OF 1984
Public Law 98-373
AN ACT To provide for a comprehensive national policy dealing with
national research needs and objectives in the arctic, for a national
critical materials council, for development of a continuing and
comprehensive national materials policy, for programs necessary to
carry out that policy, including federal programs of advanced materials
research and technology, and for innovation in basic industries, and
for other purposes
* * * * * * *
[TITLE II--NATIONAL CRITICAL MATERIALS ACT OF 1984
[SHORT TITLE
[Sec. 201. This title may be cited as the ``National
Critical Materials Act of 1984''.
[FINDINGS AND PURPOSES
[Sec. 202. (a) The Congress finds that--
[(1) the availability of adequate supplies of
strategic and critical industrial minerals and
materials continues to be essential for national
security, economic well-being, and industrial
production;
[(2) the United States is increasingly dependent on
foreign sources of materials and vulnerable to supply
interruption in the case of many of those minerals and
materials essential to the Nation's defense and
economic well-being;
[(3) together with increasing import dependence, the
Nation's industrial base, including the capacity to
process minerals and materials, is deteriorating--both
in terms of facilities and in terms of a trained labor
force;
[(4) research, development, and technological
innovation, especially related to improved materials
and new processing technologies, are important factors
which affect our long-term capability for economic
competitiveness, as well as for adjustment to
interruptions in supply of critical minerals and
materials;
[(5) while other nations have developed and
implemented specific long-term research and technology
programs to develop high-performance materials, no such
policy and program evolution has occurred in the United
States;
[(6) establishing critical materials reserves, by
both the public and private sectors and with proper
organization and management, represents one means of
responding to the genuine risks to our economy and
national defense from dependency on foreign sources;
[(7) there exists no single Federal entity with the
authority and responsibility for establishing critical
materials policy and for coordinating and implementing
that policy; and
[(8) the importance of materials to national goals
requires an organizational means for establishing
responsibilities for materials programs and for the
coordination, within and at a suitably high level of
the Executive Office of the President, with other
existing policies within the Federal Government.
[(b) It is the purpose of this title--
[(1) to establish a National Critical Materials
Council under and reporting to the Executive Office of
the President which shall--
[(A) establish responsibilities for and
provide for necessary coordination of critical
materials policies, including all facets of
research and technology, among the various
agencies and departments of the Federal
Government, and make recommendations for the
implementation of such policies;
[(B) bring to the attention of the President,
the Congress, and the general public such
materials issues and concerns, including
research and development, as are deemed
critical to the economic and strategic health
of the Nation; and
[(C) ensure adequate and continuing
consultation with the private sector concerning
critical materials, materials research and
development, use of materials. Federal
materials policies, and related matters;
[(2) to establish a national Federal program for
advanced materials research and technology, including
basic phenomena through processing and manufacturing
technology; and
[(3) to stimulate innovation and technology
utilization in basic as well as advanced materials
industries.
[ESTABLISHMENT OF THE NATIONAL CRITICAL MATERIALS COUNCIL
[Sec. 203. There is hereby established a National Critical
Materials Council (hereinafter referred to as the ``Council'')
under and reporting to the Executive Office of the President.
The Council shall be composed of three members who shall be
appointed by the President and who shall serve at the pleasure
of the President. Members so appointed who are not already
Senate-confirmed officers of the Government shall be appointed
by and with the advice and consent of the Senate. The President
shall designate one of the members to serve as Chairman. Each
member shall be a person who, as a result of training,
experience, and achievement, is qualified to carry out the
duties and functions of the Council, with particular emphasis
placed on fields relating to materials policy or materials
science and engineering. In addition, at least one of the
members shall have a background in and understanding of
environmentally related issues.
[RESPONSIBILITIES AND AUTHORITIES OF THE COUNCIL
[Sec. 204. (a) It shall be the primary responsibility of
the Council--
[(1) to assist and advise the President in
establishing coherent national materials policies
consistent with other Federal policies, and making
recommendations necessary to implement such policies;
[(2) to assist in establishing responsibilities for,
and to coordinate. Federal materials-related policies,
programs, and research and technology activities, as
well as recommending to the Office of Management and
Budget budget priorities for materials activities in
each of the Federal departments and agencies;
[(3) to review and appraise the various programs and
activities of the Federal Government in accordance with
the policy and directions given in the National
Materials and Minerals Policy, Research and Development
Act of 1980 (30 U.S.C. 1601), and to determine the
extent to which such programs and activities are
contributing to the achievement of such policy and
directions;
[(4) to monitor and evaluate the critical materials
needs of basic and advanced technology industries and
the Government, including the critical materials
research and development needs of the private and
public sectors;
[(5) to advise the President of mineral and material
trends, both domestic and foreign, the implications
thereof for the United States and world economies and
the national security, and the probable effects of such
trends on domestic industries;
[(6) to assess through consultation with the
materials academic community the adequacy and quality
of materials-related educational institutions and the
supply of materials scientists and engineers;
[(7) to make or furnish such studies, analyses,
reports, and recommendations with respect to matters of
materials-related policy and legislation as the
President may request;
[(8)(A) to prepare a report providing a domestic
inventory of critical materials with projections on the
prospective needs of Government and industry for these
materials, including a long-range assessment, prepared
in conjunction with the Office of Science and
Technology Policy in accordance with the National
Materials and Minerals Policy, Research and Development
Act of 1980, and in conjunction with such other
Government departments or agencies as may be considered
necessary, of the prospective major critical materials
problems which the United States is likely to confront
in the immediate years ahead and providing advice as to
how these problems may best be addressed, with the
first such report being due on April 1, 1985, and (B)
review and update such report and assessment as
appropriate and report thereon to the Congress at least
biennially; and
[(9) to recommend to the Congress such changes in
current policies, activities, and regulations of the
Federal Government, and such legislation, as may be
considered necessary to carry out the intent of this
title and the National Materials and Minerals Policy,
Research and Development Act of 1980.
[(b) In carrying out its responsibilities under this
section the Council shall have the authority--
[(1) to establish such special advisory panels as it
considers necessary, with each such panel consisting of
representatives of industry, academia, and other
members of the private sector, not to exceed ten
members, and being limited in scope of subject and
duration; and
[(2) to establish and convene such Federal
interagency committees as it considers necessary in
carrying out the intent of this title.
[(c) In seeking to achieve the goals of this title and
related Acts, the Council and other Federal departments and
agencies with responsibilities or jurisdiction related to
materials or materials policy, including the National Security
Council, the Council on Environmental Quality, the Office of
Management and Budget, and the Office of Science and Technology
Policy, shall work collaboratively and in close cooperation.
[PROGRAM AND POLICY FOR ADVANCED MATERIALS RESEARCH AND TECHNOLOGY
[Sec. 205. (a) In addition to the responsibilities
described in section 204, the Council shall be responsible for
coordination with appropriate agencies and departments of the
Federal Government relative to Federal materials research and
development policies and programs. Such policies and programs
shall be consistent with the policies and goals described in
the National Materials and Minerals Policy, Research and
Development Act of 1980. In carrying out this responsibility
the Council shall--
[(1)(A) establish a national Federal program plan for
advanced materials research and development, recommend
the designation of the key responsibilities for
carrying out such research, and to provide for
coordination of this plan with the Office of Science
and Technology Policy, the Office of Management and
Budget, and such other Federal offices and agencies as
may be deemed appropriate, and (B) annually review such
plan and report thereon to the Congress;
[(2) review annually the materials research,
development, and technology authorization requests and
budgets of all Federal agencies and departments; and in
this activity the Council shall make recommendations,
in cooperation with the Office of Science and
Technology Policy, the Office of Management and Budget,
and all other Federal offices and agencies deemed
appropriate, to ensure close coordination of the goals
and directions of such programs with the policies
determined by the Council; and
[(3) assist the Office of Science and Technology
Policy in the preparation of such long-range materials
assessments and reports as may be required by the
National Materials and Minerals Policy, Research and
Development Act of 1980, and assist other Federal
entities in the preparation of analyses and reporting
relating to critical and advanced materials.
[(b) The Office of Management and Budget, in reviewing the
materials research, development, and technology authorization
requests of the various Federal departments and agencies for
any fiscal year, and the recommendations of the Council, shall
consider all of such requests and recommendations as an
integrated, coherent, multiagency request which shall be
reviewed by the Office of Management and Budget for its
adherence to the national Federal materials program plan in
effect for such fiscal year under subsection (a).
[INNOVATION IN BASIC AND ADVANCED MATERIALS INDUSTRIES
[Sec. 206. (a)(1) In Order to promote the use of more cost-
effective, Industrial advanced technology and other means of
providing for innovation and increased productivity within the
basic and advanced materials industries, the Council shall
evaluate and make recommendations regarding the establishment
of Centers for Industrial Technology as provided in Public Law
96-480 (15 U.S.C. 3705).
[(2) The activities of such Centers shall focus on, but not
be limited to, the following generic materials areas:
corrosion; welding and joining of materials; advanced
processing and fabrication technologies; microfabrication; and
fracture and fatigue.
[(b) In order to promote better use and innovation of
materials in design for improved safety or efficiency, the
Council shall establish in cooperation with the appropriate
Federal agencies and private industry, an effective mechanism
for disseminating materials property data in an efficient and
timely manner. In carrying out this responsibility, the Council
shall consider, where appropriate, the establishment of a
computerized system taking into account, to the maximum extent
practicable, existing available resources.
[COMPENSATION OF MEMBERS AND REIMBURSEMENTS
[Sec. 207. (a) The Chairman of the Council, if not
otherwise a paid officer or employee of the Federal Government,
shall be paid at the rate not to exceed the rate of basic pay
provided for level II of the Executive Schedule. The other
members of the Council, if not otherwise paid officers or
employees of the Federal Government, shall be paid at a per
diem rate comparable to the rate not to exceed the rate of
basic pay provided for level III of the Executive Schedule,
[(b) Subject to existing law and regulations governing
conflicts of interest, the Council may accept reimbursement
from any private nonprofit organization or from any department,
agency, or instrumentality of the Federal Government, or from
any State or local government, for reasonable travel expenses
incurred by any member or employee of the Council in connection
with such member's or employee's attendance at any conference,
seminar, or similar meeting.
[POSITION AND AUTHORITIES OF EXECUTIVE DIRECTOR
[Sec. 208. (a) There shall be an Executive Director
(hereinafter 30 USC 1807. referred to as the ``Director''), who
shall be chief administrator of the Council. The Director shall
be appointed by the Council full time and shall be paid at the
rate not to exceed the rate of basic pay provided for level III
of the Executive Schedule.
[(b) The Director is authorized--
[(1) to employ such personnel as may be necessary for
the Council to carry out its duties and functions under
this title, but not to exceed twelve compensated
employees;
[(2) to obtain the services of experts and
consultants in accordance with the provisions of
section 3109 of title 5, United States Code; and
[(3) to develop, subject to approval by the Council,
rules and regulations necessary to carry out the
purposes of this title.
[(c) In exercising his responsibilities and duties under
this title, the Director--
[(1) may consult with representatives of academia,
industry, labor. State and local governments, and other
groups; and
[(2) shall utilize to the fullest extent possible the
services, facilities, and information (including
statistical information) of public and private
agencies, organizations, and individuals.
[(d) Notwithstanding section 367(b) of the Revised Statutes
(31 U.S.C. 665(b)), the Council may utilize voluntary and
uncompensated labor and services in carrying out its duties and
functions.
[RESPONSIBILITIES AND DUTIES OF THE DIRECTOR
[Sec. 209. In carrying out his functions the Director shall
assist and advise the Council on policies and programs of the
Federal Government affecting critical and advanced materials
by--
[(1) providing the professional and administrative
staff and support for the Council;
[(2) assisting the Federal agencies and departments
in appraising the effectiveness of existing and
proposed facilities, programs, policies, and activities
of the Federal Government, including research and
development, which affect critical materials
availability and needs;
[(3) cataloging, as fully as possible, research and
development activities of the Government, private
industry, and public and private institutions; and
[(4) initiating Government and private studies and
analyses, including those to be conducted by or under
the auspices of the Council, designed to advance
knowledge of critical or advanced materials issues and
develop alternative proposals, including research and
development, to resolve national critical materials
problems.
[AUTHORITY
[Sec. 210. The Council is authorized--
[(1) to establish such internal rules and regulations
as may be necessary for its operation;
[(2) to enter into contracts and acquire materials
and supplies necessary for its operation to such extent
or in such amounts as are provided for in appropriation
Acts;
[(3) to publish, consistent with title 44 of the
United States Code, or arrange to publish critical
materials information that it deems to be useful to the
public and private industry to the extent that such
publication is consistent with the national defense and
economic interest;
[(4) to utilize such services or personnel as may be
provided to the Council on a reimbursable basis by any
agency of the United States; and
[(5) to exercise such authorities as may be necessary
and incidental to carrying out its responsibilities and
duties under this title.
[AUTHORIZATION OF APPROPRIATIONS
[Sec. 211. There are hereby authorized to be appropriated
to carry out the provisions of this title a sum not to exceed
$500,000 for the fiscal year ending September 30, 1985, and
such sums as may be necessary thereafter: Provided, That the
authority provided for in this title shall expire on September
30, 1990, unless otherwise authorized by Congress.
[DEFINITION
[Sec. 212. As used in this title, the term ``materials'''
has the meaning given it by section 2(b) of the National
Materials and Minerals Policy, Research and Development Act of
1980.]
ENERGY POLICY ACT OF 2005
Public Law 109-58
AN ACT To ensure jobs for our future with secure, affordable, and
reliable energy
* * * * * * *
TITLE III--OIL AND GAS
* * * * * * *
Subtitle E--Production Incentives
* * * * * * *
SEC. 351. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA
* * * * * * *
(k) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section [$30,000,000 for
each of fiscal years 2006 through 2010]. $5,000,000 for each of
fiscal years 2020 through 2029, to remain available until
expended.
* * * * * * *
FIXING AMERICA'S SURFACE TRANSPORTATION ACT
Public Law 114-94
AN ACT To authorize funds for federal-aid highways, highway safety
programs, and transit programs, and for other purposes
* * * * * * *
DIVISION D--MISCELLANEOUS
TITLE XLI--FEDERAL PERMITTING IMPROVEMENT
SEC. 41001. DEFINITIONS.
* * * * * * *
(6) Covered project.--
(A) In general.-- The term ``covered
project'' means any activity in the United
States that requires authorization or
environmental review by a Federal agency
involving construction of infrastructure for
renewable or conventional energy production,
electricity transmission, surface
transportation, aviation, ports and waterways,
water resource projects, broadband, pipelines,
manufacturing (including critical mineral
manufacturing (as defined in section 101 of the
American Mineral Security Act)), or any other
sector as determined by a majority vote of the
Council that--
(i)(I) is subject to NEPA;
(II) is likely to require a total
investment of more than $200,000,000;
and
(III) does not qualify for
abbreviated authorization or
environmental review processes under
any applicable law; or
(ii) is subject to NEPA and the size
and complexity of which, in the opinion
of the Council, make the project likely
to benefit from enhanced oversight and
coordination, including a project
likely to require--
(I) authorization from or
environmental review involving
more than 2 Federal agencies;
or
(II) the preparation of an
environmental impact statement
under NEPA.
* * * * * * *
NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH AND DEVELOPMENT ACT OF
1980
Public Law 96-479
AN ACT To provide for a national policy for materials and to strengthen
the materials research development, production capability, and
performance of the united states and for other purposes
* * * * * * *
FINDINGS
Sec. 2. (a) The Congress finds that--
(1) the availability of materials is essential for
national security, economic well-being, and industrial
production;
(2) the availability of materials is affected by the
stability of foreign sources of essential industrial
materials, instability of materials markets,
international competition and demand for materials, the
need for energy and materials conservation, and the
enhancement of environmental quality;
(3) extraction, production, processing, use,
recycling, and disposal of materials are closely linked
with national concerns for energy and the environment;
(4) the United States is strongly interdependent with
other nations through international trade in materials
and other products;
(5) technological innovation and research and
development are important factors which contribute to
the availability and use of materials;
(6) the United States lacks a coherent national
materials policy and a coordinated program to assure
the availability of materials critical for national
economic well-being, national defense, and industrial
production, including interstate commerce and foreign
trade; and
(7) notwithstanding the enactment of the Mining and
Minerals Policy Act of 1970 (30 U.S.C. 21a), the United
States does not have a coherent national materials and
minerals policy.
[(b) As used in this Act, the term] (b) Definitions.--In
this Act:
(1) Critical mineral.--The term ``critical mineral''
means any mineral, element, substance, or material
designated as critical by the Secretary under section
103 of the American Mineral Security Act.
(2) Materials.--The term ``materials''' means
substances, including minerals, of current or potential
use that will be needed to supply the industrial,
military, and essential civilian needs of the United
States in the production of goods or services,
including those which are primarily imported or for
which there is a prospect of shortages or uncertain
supply, or which present opportunities in terms of new
physical properties, use, recycling, disposal or
substitution, with the exclusion of food and of energy
fuels used as such.
DECLARATION OF POLICY
Sec. 3. The Congress declares that it is the continuing
policy of the United States to promote an adequate and stable
supply of materials necessary to maintain national security,
economic well-being and industrial production with appropriate
attention to a long-term balance between resource production,
energy use, a healthy environment, natural resources
conservation, and social needs. The Congress further declares
that implementation of this policy requires that the President
shall, through the Executive Office of the President,
coordinate the responsible departments and agencies to, among
other measures--
(1) identify materials needs and assist in the
pursuit of measures that would assure the availability
of materials critical to commerce, the economy, and
national security;
(2) establish a mechanism for the coordination and
evaluation of Federal materials programs, including
those involving research and development so as to
complement related efforts by the private sector as
well as other domestic and international agencies and
organizations;
[(3) establish a long-range assessment capability
concerning materials demands, supply and needs, and
provide for the policies and programs necessary to meet
those needs;] (3) establish an analytical and
forecasting capability for identifying critical mineral
demand, supply, and other factors to allow informed
actions to be taken to avoid supply shortages, mitigate
price volatility, and prepare for demand growth and
other market shifts;
(4) promote a vigorous, comprehensive, and
coordinated program of materials research and
development consistent with the policies and priorities
set forth in the National Science and Technology
Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 et seq.);
(5) promote cooperative research and development
programs with other nations for the equitable and
frugal use of materials and energy;
(6) promote and encourage private enterprise in the
development of economically sound and stable domestic
materials industries; [and
[(7) encourage Federal agencies to facilitate
availability and development of domestic resources to
meet critical materials needs.] (7) facilitate the
availability, development, and environmentally
responsible production of domestic resources to meet
national material or critical mineral needs;
(8) avoid duplication of effort, prevent unnecessary
paperwork, and minimize delays in the administration of
applicable laws (including regulations) and the
issuance of permits and authorizations necessary to
explore for, develop, and produce critical minerals and
to construct critical mineral manufacturing facilities
in accordance with applicable environmental and land
management laws;
(9) strengthen--
(A) educational and research capabilities at
not lower than the secondary school level; and
(B) workforce training for exploration and
development of critical minerals and critical
mineral manufacturing;
(10) bolster international cooperation through
technology transfer, information sharing, and other
means;
(11) promote the efficient production, use, and
recycling of critical minerals;
(12) develop alternatives to critical minerals; and
(13) establish contingencies for the production of,
or access to, critical minerals for which viable
sources do not exist within the United States.''
* * * * * * *
NATIONAL SUPERCONDUCTIVITY AND COMPETITIVENESS ACT OF 1988
Public Law 100-697
AN ACT To establish a national federal program effort in close
collaboration with the private sector to develop as rapidly as possible
the applications of superconductivity to enhance the nation's economic
competitiveness and strategic well-being, and for other purposes
* * * * * * *
SEC. 3. NATIONAL ACTION PLAN ON SUPERCONDUCTIVITY RESEARCH AND
DEVELOPMENT
* * * * * * *
(d) Update Reports.--The Office of Science and Technology
Policy[, with the assistance of the National Critical Materials
Council as specified in the National Critical Materials Act of
1984 (30 U.S.C. 1801 et seq.),] shall prepare an annual report
setting forth and evaluating the progress of the
Superconductivity Action Plan. This report shall include a
description of the amount of funds expended in the previous
year by all Federal departments and agencies involved with
superconductivity. This report shall be submitted with the
President's annual budget request to the Committee on Science,
Space, and Technology of the House of Representatives, and to
the Committees on Energy and Natural Resources, and Commerce,
Science, and Transportation of the Senate.
* * * * * * *
[all]