[House Report 119-387]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-387
=======================================================================
CRITICAL MINERAL DOMINANCE ACT
----------------
November 25, 2025.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
----------------
Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4090]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4090) to codify certain provisions of certain
Executive Orders relating to domestic mining and hardrock
mineral resources, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Mineral Dominance Act''.
SEC. 2. POLICY.
It is the policy of the United States to establish the position of
the United States as the leading producer of hardrock minerals,
including rare earth minerals, which will--
(1) create jobs and prosperity at home;
(2) strengthen supply chains for the United States and the
allies of the United States;
(3) safeguard the national Security of the United States; and
(4) reduce the global influence of malign and adversarial
states.
SEC. 3. ANALYZING ECONOMIC IMPACTS OF MINERAL NET IMPORT RELIANCE.
(a) Cost of Net Import Reliance.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate--
(1) for each mineral commodity included in the document
published by the United States Geological Survey titled
``Mineral Commodity Summaries 2025'' (Version 1.2; March 2025)
for which the United States is reliant on imports, the dollar
value associated with such reliance; and
(2) the overall impact on the economy of the United States of
imports and exports of mineral commodities listed in the
document published by the United States Geological Survey
titled ``Mineral Commodity Summaries 2025'' (Version 1.2; March
2025) for which the United States is reliant on imports.
(b) Subsequent Inclusion.--Beginning in 2026, the Secretary, acting
through the Director of the United States Geological Survey, shall
include in each Mineral Commodity Summaries published by the United
States Geological Survey the information described in paragraphs (1)
and (2) of subsection (a).
SEC. 4. PRIORITY PROJECTS.
(a) Project Identification.--
(1) In general.--Not later than 10 days after the date of the
enactment of this Act and annually thereafter, the Secretary,
in consultation with the Secretary of Agriculture, shall submit
to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a list of each mining project on
Federal land for which a plan of operations, a permit
application, or other application for approval has been
submitted to the Department of the Interior.
(2) Approval of certain projects.--Not later than 10 days
after the date on which the Secretary submits the list required
under paragraph (1), the Secretary shall, in consultation with
the Secretary of Agriculture, with respect to each mining
project included on the list--
(A) identify each priority mining project for which
the Secretary can immediately approve or issue each
plan of operations, permit application, and other
application for approval submitted to the Department of
the Interior; and
(B) take all necessary and appropriate actions to
expedite and approve or issue each such plan of
operations, permit application, and other application
for approval.
(b) Identification of Potential Hardrock Mineral and Byproduct
Production.--Not later than 10 days after the date of the enactment of
this Act, the Secretary, in consultation with the Secretary of
Agriculture, shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a list of each mining project on Federal land,
whether active, inactive, or proposed, that has the potential to--
(1) increase production of hardrock minerals or the
byproducts of hardrock minerals;
(2) expand operations to include the byproducts of hardrock
minerals;
(3) produce hardrock minerals from mine tailings; or
(4) produce hardrock minerals from coal ash and other coal
byproducts.
(c) Report on Barriers to Byproduct Production.--Not later than one
year after the date of enactment of this Act, the Secretary shall
submit a report to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate on the barriers to byproduct production from mining projects
on Federal land, including recommendations to Congress on how to reduce
those barriers.
SEC. 5. MINING POTENTIAL ON FEDERAL LAND.
(a) In General.--The Secretary shall identify all Federal land
managed by the Secretary or the Secretary of Agriculture, which may be
leased for the exploration, development, or production of hardrock
minerals or is open to location under the Act of May 10, 1872 (commonly
known as the Mining Law of 1872), where--
(1) hardrock mineral exploration is being conducted;
(2) the Secretary, in consultation with the United States
Geological Survey, determines hardrock minerals may be present
but where thorough exploration has not been conducted; or
(3) known economically recoverable hardrock minerals are
present.
(b) Priority.--In identifying Federal land under subsection (a), the
Secretary shall prioritize identifying Federal land on which the
exploration, construction, or operation of a mining project--
(1) can most quickly be fully permitted and operational; and
(2) would have the greatest potential effect on the
robustness of the domestic mineral supply chain.
(c) Submission of List.--The Secretary shall annually submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a list of all
Federal land identified under subsection (a).
SEC. 6. REGULATORY REVIEW.
(a) Identifying Burdensome Federal Regulations.--Not later than 90
days after the date of the enactment of this Act, the Secretary, in
consultation with the Secretary of Agriculture, shall--
(1) review all existing regulations, orders, guidance
documents, policies, settlements, consent orders, public land
withdrawals, and any other agency actions within the
jurisdiction of the Secretary (in this section referred to
collectively as ``agency action'') to identify each agency
action that imposes an undue burden on the exploration,
identification, development, or operation of domestic mining
projects;
(2) solicit industry feedback on regulatory bottlenecks and
recommended strategies to expedite approval of mining projects
on Federal land; and
(3) begin implementing an action plan--
(A) to implement industry feedback received pursuant
to paragraph (2); and
(B) suspend, revise, or rescind, as applicable, each
agency action identified as unduly burdensome under
paragraph (1) as expeditiously as possible.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary, in consultation with the Secretary of
Agriculture, shall submit to Congress a report including--
(1) recommendations for changes to law in effect as of the
date of the enactment of this Act necessary to accomplish the
policy described in section 2; and
(2) a nationwide review of State and local statutes,
regulations, and ordinances the Secretary determines impede
development of domestic mining and mineral exploration
projects.
SEC. 7. MAP BABY MAP.
(a) In General.--The Secretary shall prioritize efforts to accelerate
the ongoing, detailed geologic mapping of the United States, with a
focus on mapping previously unknown deposits of hardrock minerals.
(b) Report.--Not later than 1 year after the date of the enactment of
this Act, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report regarding the progress and
estimated completion date of the comprehensive national modern surface
and subsurface mapping and data integration effort of the Department of
the Interior described in section 40201 of the Infrastructure
Investment and Jobs Act (43 U.S.C. 311).
SEC. 8. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means--
(A) National Forest System land;
(B) public lands; and
(C) any land that may be leased for the exploration,
development, or production of hardrock minerals.
(2) Hardrock mineral.--The term ``hardrock mineral''--
(A) includes deposits of--
(i) minerals found in sedimentary or other
rocks;
(ii) base metals;
(iii) precious metals;
(iv) industrial minerals; and
(v) precious and semi-precious gemstones; and
(B) does not include deposits of--
(i) coal;
(ii) oil;
(iii) oil shale;
(iv) gas;
(v) sodium;
(vi) potassium;
(vii) sulfur; or
(viii) mineral materials subject to
disposition under the Act of July 31, 1947,
commonly known as the Materials Act of 1947 (30
U.S.C. 601 et seq.).
(3) Mining project.--The term ``mining project'' means a
project that involves the exploration for or development,
extraction, or processing of a hardrock mineral.
(4) Public lands.--The term ``public lands'' has the meaning
given the term in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702).
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
PURPOSE OF THE LEGISLATION
The purpose of H.R. 4090 is to codify certain provisions of
certain Executive Orders relating to domestic mining and
hardrock mineral resources, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4090, the ``Critical Mineral Dominance Act,''
sponsored by Representative Stauber, would codify key
components of executive orders (EOs) that fall within the House
Committee on Natural Resources' jurisdiction and require new
studies that support underlying hardrock mineral production and
supply chain objectives identified by the Trump administration.
From day one of his second term, President Trump swiftly
enacted new EOs to put the U.S. on a path toward mineral
dominance. Collectively, EO 14154, ``Unleashing American
Energy,''\1\ EO 14241, ``Immediate Measures to Increase Mineral
Production,''\2\ and EO 14272, ``Ensuring National Security and
Economic Resilience Through Section 232 Actions on Processed
Critical Minerals and Derivative Products,''\3\ direct federal
agencies to expand mineral production on federal lands,
accelerate approvals of priority projects, and analyze mineral
supply chain vulnerabilities.
---------------------------------------------------------------------------
\1\Executive Order, ``Unleashing American Energy,'' The White
House, January 20, 2025, https://www.whitehouse.gov/presidential-
actions/2025/01/unleashing-american-energy/.
\2\Executive Order, ``Immediate Measures to Increase American
Mineral Production,'' The White House, March 20, 2025 https://
www.whitehouse.gov/presidential-actions/2025/03/
immediate-measures-to-increase-american-mineral-production/.
\3\Executive Order 14272, ``Ensuring National Security and Economic
Resilience Through Section 232 Actions on Processed Critical Minerals
and Derivative Products,'' The White House, April 15, 2025, https://
www.whitehouse.gov/presidential-actions/2025/04/ensuring-national-
security-and-economic-resilience-through-section-232-actions-on-
processed-critical-minerals-and-derivative-products/.
---------------------------------------------------------------------------
The Critical Mineral Dominance Act would codify provisions
of these EOs and require new studies to facilitate increased
domestic mineral production. First, the bill would order the
Department of the Interior (DOI) to annually report on the
dollar value and overall economic impact of each mineral
commodity for which the U.S. is import-reliant. Next, H.R. 4090
would require DOI, in consultation with the U.S. Department of
Agriculture (USDA), to identify priority mining projects on
federal lands that can be immediately approved and take all
necessary and appropriate steps to expedite these projects.
Additionally, this legislation would direct DOI and USDA to
identify all federal lands in their respective jurisdictions
that may be suitable for hardrock mineral exploration,
development, or production, as well as potential sites for
expanded production of hardrock minerals and their byproducts.
H.R. 4090 would also target legal and regulatory
bottlenecks that impede domestic mining. Specifically, the bill
would direct DOI to revise or rescind agency actions that
hinder mining projects, recommend changes to current law
necessary to streamline domestic mining, and conduct a
nationwide review of state and local laws or regulations that
hamper mineral exploration and development. Lastly, H.R. 4090
would direct DOI to accelerate geologic mapping of the U.S.,
with a focus on hardrock mineral deposits.
COMMITTEE ACTION
H.R. 4090 was introduced on June 23, 2025, by
Representative Pete Stauber (R-MN). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on Energy and Mineral Resources. On September
3, 2025, the Subcommittee on Energy and Mineral Resources held
a hearing on the bill. On September 17, 2025, the Committee on
Natural Resources met to consider the bill. The Subcommittee on
Energy and Mineral Resources was discharged from further
consideration of H.R. 4090 by unanimous consent. Representative
Pete Stauber (R-MN) offered an Amendment in the Nature of a
Substitute designated Stauber_026 ANS. The Amendment in the
Nature of a Substitute, as amended, was agreed to by voice
vote. Ranking Member Jared Huffman (D-CA) offered an amendment
to the Amendment in the Nature of a Substitute designated
Huffman #1. The amendment was not agreed to by a roll call vote
of 17 yeas to 23 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Representative Teresa Leger Fernandez (D-NM) offered an
amendment to the Amendment in the Nature of a Substitute
designated Leger Fernandez #2. The amendment was not agreed to
by a roll call vote of 18 yeas to 24 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Representative Luz Rivas (D-CA) offered an amendment to the
Amendment in the Nature of a Substitute designated Rivas #3.
The amendment was not agreed to by a roll call vote of 18 yeas
to 24 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Representative Sarah Elfreth (D-MD) offered an amendment to
the Amendment in the Nature of a Substitute designated Elfreth
#6 Revised. The amendment was agreed to by voice vote.
Representative Emily Randall (D-WA) offered an amendment to the
Amendment in the Nature of a Substitute designated Randall #4.
The amendment was withdrawn. Representative Yassamin Ansari (D-
AZ) offered an amendment to the Amendment in the Nature of a
Substitute designated Ansari #5 Revised. The amendment was
agreed to by voice vote. The bill, as amended, was ordered
favorably reported to the House of Representatives by a roll
call vote of 26 yeas to 16 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Energy and Mineral Resources
held on September 3, 2025.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 designates the bill as the ``Critical Mineral
Dominance Act.''
Section 2. Policy
Section 2 outlines the policy of the United States to be a
leading producer of hardrock minerals, which will create jobs
and prosperity, strengthen domestic and allied supply chains,
safeguard national security, and reduce the global influence of
adversarial states.
Section 3. Analyzing economic impacts of mineral net import reliance
Section 3 directs the Secretary of the Interior to report
on the dollar value and overall economic impact of each mineral
commodity listed in the U.S. Geological Survey's annual Mineral
Commodities Summaries for which the U.S. is import-reliant. The
first such analysis would be required within 90 days of
enactment.
Section 4. Priority projects
Section 4 instructs the Secretary of the Interior, in
consultation with the Secretary of Agriculture, to submit to
Congress a list of each mining project on federal lands for
which an approval application has been submitted.
Section 4 further directs the Secretary of the Interior to
identify, within 10 days of submission, each priority project
that can be immediately approved and take all necessary and
appropriate steps to approve these projects.
Additionally, Section 4 requires the Secretary of the
Interior, not later than one year after enactment, to submit a
report to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate on the barriers to byproduct production
from mining projects on federal land, including recommendations
to Congress on how to reduce those barriers.
Section 5. Mining potential on federal land
Section 5 requires the Secretary of the Interior, in
consultation with the Secretary of Agriculture, to submit to
Congress a list of active, inactive, or proposed mining
projects on federal land that have the potential to increase
production of hardrock minerals or their byproducts, expand
existing operations to include hardrock mineral byproducts, or
produce hardrock minerals from mine tailings, coal ash, or coal
byproducts. Additionally, the section requires a study on the
barriers to domestic production of hardrock mineral byproducts.
Section 5 also orders the Secretary of the Interior to
submit to Congress a list of all federal land managed by DOI or
USDA which may be suitable for hardrock exploration,
development, or production.
Section 6. Regulatory review
Section 6 directs the Secretary of the Interior to, within
90 days of enactment and in consultation with the Secretary of
Agriculture and industry stakeholders, suspend, revise or
rescind agency actions that hinder development of domestic
mining projects.
Section 6 further requires the Secretary of the Interior,
in consultation with the Secretary of Agriculture, to submit,
within 180 days of enactment, to Congress a report that
includes recommendations for changes to current law necessary
to streamline domestic mining and a nationwide review of State
and local laws or regulations that impede mineral exploration
and development.
Section 7. Map baby map
Section 7 directs the Secretary of the Interior to
prioritize efforts to accelerate the ongoing, detailed geologic
mapping of the United States. This section also requires the
Secretary to submit to Congress a report regarding the progress
and estimated completion date of DOI's Earth Mapping Resources
initiative within one year of enactment.
Section 8. Definitions
Section 8 defines the terms ``Federal land'', ``hardrock
mineral'', ``mining project'', ``public lands'', and
``Secretary'' under the Act.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
PERFORMANCE GOALS AND OBJECTIVES
As required by clause 3(c)(4) of rule XIII, the general
performance goal or objective of this bill is to codify certain
provisions of certain Executive Orders relating to domestic
mining and hardrock mineral resources, and for other purposes.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX
EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
CONGRESSIONAL BUDGET OFFICE ESTIMATES
Pursuant to clause 3(d)(1) of House rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to the
Congressional Budget Act of 1974.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
The Committee adopts as its own the estimate of the Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
EXISTING PROGRAMS
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
As ordered reported by the Committee on Natural Resources,
H.R. 4090 would make no changes in existing law.
DISSENTING VIEWS
H.R. 4090 would codify portions of President Trump's March
20, 2025, Executive Order to provide ``Immediate Measures to
Increase American Mineral Production.'' It would direct certain
studies on mining and critical minerals, and it would direct
the administration to expedite and approve permits for priority
mining projects on federal lands and to review and roll back
``burdensome'' regulations.
This bill does very little to secure our critical mineral
supply chains while setting up a regulatory system by, and for,
the mining industry, which would endanger the environment and
public health. Mining alone cannot secure our critical mineral
supply chains because the United States lacks processing and
manufacturing capabilities. Almost all American-mined minerals
are shipped abroad for processing, mainly to China, and then
enter the global market.
This bill would prioritize the mining industry over
environmental and public health protections. The current
domestic mining regulatory framework leaves significant gaps in
environmental and community protection and prioritizes mining
projects over Tribal sovereignty. Mining waste generates toxic
wastewater and other byproducts that pose significant risks to
human health, wildlife, and the environment, necessitating
careful, long-term monitoring and management. Reporting by
Earthworks and Trout Unlimited found that modern mines
operating under today's regulations still pollute surrounding
waters at alarming rates and pass on many of the cleanup costs
to local taxpayers.\1\
---------------------------------------------------------------------------
\1\Earthworks and Montana Trout Unlimited, ``Track Record: Montana
Modern Hardrock Mining,'' (September 2018).
---------------------------------------------------------------------------
Rather than addressing these risks to the public, this bill
would allow industry to effectively determine which Interior
and Forest Service regulations should be cut to maximize their
profits. Because the mining industry does not pay a royalty for
the public-owned minerals they extract--unlike oil, gas, or
coal--there is no funding stream to address existing legacy
mining pollution or the additional pollution a deregulated
mining industry would create.
Jared Huffman,
Ranking Member.
[all]