S. HRG. 114–141 

S. 883, THE AMERICAN MINERAL 

SECURITY ACT OF 2015 

HEARING 

BEFORE THE 

COMMITTEE ON 

ENERGY AND NATURAL RESOURCES 

UNITED STATES SENATE 

ONE HUNDRED FOURTEENTH CONGRESS 

FIRST SESSION 

ON 

S. 883, THE AMERICAN MINERAL 

SECURITY ACT OF 2015 

MAY 12, 2015 

( 

Printed for the use of the 

Committee on Energy and Natural Resources 


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S. 883, THE AMERICAN MINERAL SECURITY ACT OF 2015 


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U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

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95–276 2016

S. HRG. 114–141 

S. 883, THE AMERICAN MINERAL 

SECURITY ACT OF 2015 

HEARING 

BEFORE THE 

COMMITTEE ON 

ENERGY AND NATURAL RESOURCES 

UNITED STATES SENATE 

ONE HUNDRED FOURTEENTH CONGRESS 

FIRST SESSION 

ON 

S. 883, THE AMERICAN MINERAL 

SECURITY ACT OF 2015 

MAY 12, 2015 

( 

Printed for the use of the 

Committee on Energy and Natural Resources 


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(II) 

COMMITTEE ON ENERGY AND NATURAL RESOURCES 

LISA MURKOWSKI, Alaska, Chairman 

JOHN BARRASSO, Wyoming 

JAMES E. RISCH, Idaho 

MIKE LEE, Utah 

JEFF FLAKE, Arizona 

STEVE DAINES, Montana 

BILL CASSIDY, Louisiana 

CORY GARDNER, Colorado 

ROB PORTMAN, Ohio 

JOHN HOEVEN, North Dakota 

LAMAR ALEXANDER, Tennessee 

SHELLEY MOORE CAPITO, West Virginia 

MARIA CANTWELL, Washington 

RON WYDEN, Oregon 

BERNARD SANDERS, Vermont 

DEBBIE STABENOW, Michigan 

AL FRANKEN, Minnesota 

JOE MANCHIN III, West Virginia 

MARTIN HEINRICH, New Mexico 

MAZIE K. HIRONO, Hawaii 

ANGUS S. KING, JR., Maine 

ELIZABETH WARREN, Massachusetts 

KAREN K. BILLUPS, Staff Director 

PATRICK J. MCCORMICK III, Chief Counsel 

BRIAN HUGHES, Senior Writer and Policy Advisor 

ANGELA BECKER-DIPPMANN, Democratic Staff Director 

SAM E. FOWLER, Democratic Chief Counsel 

SPENCER GRAY, Democratic Professional Staff Member 


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C O N T E N T S 

OPENING STATEMENTS 

Page 

Murkowski, Hon. Lisa, Chairman, and a U.S. Senator from Alaska .................. 1 

Cantwell, Hon. Maria, Ranking Member, and a U.S. Senator from Washington .................................................................................................................... 3 

WITNESSES 

Kimball, Dr. Suzette, Acting Director, U.S. Geological Survey, U.S. Department of the Interior ............................................................................................. 5 

Fogels, Ed, Deputy Commissioner, Alaska Department of Natural Resources .. 11 

Cosgriff, Vice Admiral Kevin J., USN, Retired, President and CEO, National 

Electrical Manufacturers Association ................................................................. 33 

Conger, Harry ‘‘Red’’, President, Freeport-McMoRan Americas .......................... 39 

Silberglitt, Dr. Richard, Senior Physical Scientist, RAND Corporation ............. 47 

ALPHABETICAL LISTING AND APPENDIX MATERIAL SUBMITTED 

American Exploration & Mining Association 

Statement for the Record ................................................................................. 416 

Association of American State Geologists 

Statement for the Record ................................................................................. 418 

Cantwell, Hon. Maria 

Opening Statement ........................................................................................... 3 

Conger, Harry ‘‘Red’’ 

Opening Statement ........................................................................................... 39 

Written Testimony ............................................................................................ 41 

Response to Question from Senator Manchin ................................................ 74 

Strategic and Critical Materials 2015 Report on Stockpile Requirements by Under Secretary of Defense for Acquisition, Technology 

and Logistics dated January 2015 ........................................................... 75 

Responses to Questions for the Record ........................................................... 409 

Cosgriff, Vice Admiral Kevin J. 

Opening Statement ........................................................................................... 33 

Written Testimony ............................................................................................ 35 

Responses to Questions from Senator Hirono ................................................ 359 

Responses to Questions for the Record ........................................................... 406 

Fogels, Ed 

Opening Statement ........................................................................................... 11 

Written Testimony ............................................................................................ 13 

Responses to Questions for the Record ........................................................... 403 

Response to Question from Senator Manchin ................................................ 404 

Hartle, Byron C. 

Statement for the Record ................................................................................. 420 

The Industrial Minerals Association—North America 

Statement for the Record ................................................................................. 428 


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IV 

Interstate Mining Compact Commission 

Statement for the Record ................................................................................. 430 

Kimball, Dr. Suzette 

Opening Statement ........................................................................................... 5 

Written Testimony ............................................................................................ 7 

Response to Question from Senator Manchin ................................................ 71 

Responses to Questions for the Record ........................................................... 400 

The Minerals Science and Information Coalition 

Statement for the Record ................................................................................. 433 

Murkowski, Hon. Lisa 

Opening Statement ........................................................................................... 1 

S. 883 ........................................................................................................................ 370 

Silberglitt, Dr. Richard 

Opening Statement ........................................................................................... 47 

Written Testimony ............................................................................................ 49 

Responses to Questions for the Record ........................................................... 412 


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S. 883, THE AMERICAN MINERAL SECURITY 

ACT OF 2015 

TUESDAY, MAY 12, 2015 

U.S. SENATE, COMMITTEE ON ENERGY AND NATURAL RESOURCES, Washington, DC. 

The Committee met, pursuant to notice, at 10:05 a.m. in room 

SD–366, Dirksen Senate Office Building, Hon. Lisa Murkowski, 

Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. LISA MURKOWSKI, U.S. 

SENATOR FROM ALASKA 

The CHAIRMAN. Good morning. We will call to order the Energy 

Committee hearing. We are here to hear testimony on S. 883, the 

American Mineral Security Act of 2015. It is nice to be able to welcome everyone to the Committee here this morning. 

This is an important topic, the mineral security of our nation 

which directly affects everything from our economic competitiveness to our national security. This is the third Congress now that 

I have introduced legislation on this subject. I think this is the best 

version yet, but I also believe that passage of this legislation is 

probably more important now than ever. 

I said it before and I will say it again, I think we have a real 

problem on our hands as a result of our nation’s borderline insidious reliance on mineral imports. And it is not just the rare earth 

elements. 

60 Minutes had a feature on this some weeks ago. The reality is 

the United States now depends on many other nations for a vast 

array of minerals, metals, and materials, and we have got the numbers to back it up. 

In 1978 the USGS reported that the United States was importing 

at least 50 percent of our supply of 25 minerals and 100 percent 

of seven of them. According to the latest figures, that dependence 

is now far deeper. In 2014 we imported at least 50 percent of 43 

different minerals, including 100 percent of 19 of them. 

Electric vehicles, solar cells, advanced defense systems, you can 

almost name the technology, almost anything you can find in modern society, and then you can go look up who we import at least 

some of the raw materials from. 

Our foreign dependence is difficult enough, but the concentration 

of that supply presents additional challenges. Our minerals often 

come from a handful of countries that are less than stable or who 

might be willing to cut off our supply just to serve their own purposes or meet their own needs. 


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Rare earth elements are, again, probably the best example of 

this. It is true that our production has picked up thanks to 

Molycorp out in California, but China still produced 86 percent of 

the world’s supply in 2014 and close to 60 percent of our supply 

was imported. 

When I look at our foreign mineral dependence and where those 

minerals are coming from, I see reason after reason to be seriously 

concerned. It is not hard to foresee a day of reckoning when this 

will become real for all of us—when we simply cannot acquire a 

mineral or when the market for a mineral changes so dramatically 

that entire industries are affected. 

I am glad the Office of Science and Technology Policy is taking 

up our idea for critical minerals designations. It is good to see more 

attention being paid at high levels of Government, but executive 

agencies are not as coordinated as they need to be and they do not 

have all of the statutory authorities needed to make lasting 

progress on this issue. 

So once again I have offered a broad bill to rebuild our mineral 

supply chain. I do not think that there is any substitute for legislation. 

When it comes to permitting delays for new mines, our nation is 

still among the worst in the world. We are stumbling out of the 

gate, right at the very start of the supply chain. We really never 

catch up, and it is our own fault. 

When we decide that a mineral is critical, we should survey our 

lands to determine the extent of our resource base so we know 

what we can produce right here at home. We should keep working 

on alternatives, efficiency, and recycling options for the minerals 

that our nation does not have in significant abundance. I think 

that is a very important part of our discussion here this morning— 

once we know or we think we know what we have, again, looking 

to what alternatives might be reasonable and recycling options are 

important. 

We should build out a forecasting capability to provide a better 

understanding of mineral-related trends and an early warning 

when problems arise. 

We also need to ensure a qualified work force. The United States, 

we know, is down to just a handful of mining schools. A large share 

of their faculty will be retiring in the near future. We need smart, 

young people who want to go out into these fields. 

This Congress offers a perfect opportunity to bring our mineral’s 

policies into the 21st century. My bill offers us that chance. 

I would like to thank Senator Heller and Senator Risch for cosponsoring it and Secretary Moniz and his team at the Department 

of Energy for providing technical assistance to us as we drafted it. 

I also want to thank our panel of witnesses here today. Thank 

you, Commissioner Fogels, for joining us all the way from Alaska. 

It is a long haul for you. I look forward to the testimony from each 

of you and with that I will turn to my Ranking Member, Senator 

Cantwell. 


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STATEMENT OF HON. MARIA CANTWELL, U.S. SENATOR FROM 

WASHINGTON 

Senator CANTWELL. Thank you, Chairwoman Murkowski for calling this important hearing on critical minerals. I know you have 

been dedicated for many years to this subject in seeking to reform 

Federal policy on critical minerals, and this hearing is particularly 

timely as we work on bipartisan energy legislation in the Committee. 

The topic today reminds us how integrated the energy sector is 

with the larger economy. The U.S. energy renaissance, especially in 

the growth of clean electricity generation simply could not happen 

without critical minerals. From grid storage batteries to wind turbines, to catalytic converters to LED lights: critical minerals including rare earth metals make up the big chunk of clean energy. 

According to the International Renewable Energy Agency there 

are about 625,000 clean energy jobs in the United States. The independent business group, Environmental Entrepreneurs, has found 

that clean energy projects have led to over 230,000 job announcements in the last three years. Every one of those jobs in our new 

economy has some ties to the mineral supply chain. 

The problem of rare earth metals being hoarded by China remains a pressing problem for our clean energy economy and our 

national security. It was only a few years ago that China cut its 

rare earth export quota by 72 percent. When 97 percent of the rare 

earth metals are produced in China, this amounts to a potentially 

serious challenge. 

Since 2009 the United States has been forced to file trade complaints over China’s trade restrictions of minerals including bauxite, magnesium, zinc, tungsten and well, something I cannot pronounce. 

Mr. CONGER. Mendelevium. 

Senator CANTWELL. Thank you. Would you say that again? 

Mr. CONGER. Mendelevium. 

Senator CANTWELL. Yes, mendelevium. 

The CHAIRMAN. Mendelevium. 

Senator CANTWELL. Mendelevium. [Laughter.] 

Mendelevium. Thank you. 

Only at the very last moment, after stretching out the dispute for 

years, did China comply with trade obligations under the World 

Trade Organization. 

In 2010, the European Commission went through an exercise 

similar to the one outlined in the Chairman’s bill which proposes 

that U.S. Geological Survey establish a ‘‘criticality’’ threshold for 

various minerals. This is an important step, but I think it is also 

key to recognize the dynamic nature of these supply chains. As new 

technologies in manufacturing processes alter these dynamics, the 

concept of ‘‘criticality’’ similarly shifts and the market will quite 

often generate its own solutions. So getting this combination right 

between the public and the private sector initiatives is very important. 

In addition to pressing for stronger trade enforcement action to 

protect our supply chain, we could also do more to innovate here 

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rials, industry will be better able to navigate around the emerging 

criticalities whether real or perceived. 

This is part of the important work being done by the Department 

of Energy Critical Materials HUB. Headquartered at the Ames 

Laboratory in Iowa, the HUB brings together a number of preeminent institutions in the United States, including Idaho and Oak 

Ridge National Labs and the Colorado School of Mines. 

Recycling is another important component of the strategy, and I 

think we are going to hear from you, Dr. Silberglitt. Your testimony explains an example of tungsten well. I was struck by the 

fact that between 2010 and 2011, U.S. manufacturers reduced imports of this product by one third through recycling efforts. I will 

look forward to learning more about similar opportunities. 

I am pleased that the introduced version of the Chairwoman’s 

bill maintains language about alternatives to critical minerals and 

workforce needs, as she just mentioned, because this is also very 

important. 

The core function in the bill before us today, establishes and 

maintains a critical minerals list, which Dr. Kimball’s agency, the 

USGS, would be responsible for. I look forward to hearing what 

USGS is able to do on the critical minerals with existing authority. 

Finally, while I have noted many worthy objectives in the American Mineral Security Act, I continue to believe that we need to do 

a better job overall of addressing our hard rock mining in the 

United States. According to the Forest Service, there are nearly 

2,000 abandoned mines in my state of Washington, alone, and I believe we should create a 21st century hard rock mining program. 

We should tighten reclamation standards and establish royalty 

payments like other areas of our natural resources. I also want to 

make sure that we are moving this whole area of critical resources 

forward in a strategic way. 

Again, thank you for holding this important hearing, Chairman 

Murkowski. I look forward to hearing our witnesses today and asking them questions. 

Thank you. 

The CHAIRMAN. Thank you, Senator Cantwell. 

Let’s go to our witnesses here this morning. 

We will start by welcoming Dr. Suzette Kimball. Dr. Kimball is 

the Acting Director at the U.S. Geological Survey. Welcome to you 

this morning. 

She will be followed by the Deputy Commissioner Ed Fogels from 

the Office of the Commissioner of the Alaska Department of Natural Resources. Again, thank you for making the trek. 

Next we have Vice Admiral Kevin Cosgriff, President and CEO 

of the National Electrical Manufacturers Association. 

Mr. Harry Conger, Red Conger, President of Freeport-McMoRan 

Americas on behalf of the National Mining Association. 

Wrapping up the panel will be Dr. Richard Silberglitt, who is the 

Senior Physical Scientist at the RAND Corporation. 

Again, to each of you, welcome to the Committee this morning. 

Dr. Kimball, we will begin with you for five minutes of comments. Your full written statement will be included as part of the 

record. We will just go down the line, and then we will ask our series of questions. 


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Dr. Kimball, welcome and we appreciate your leadership at 

USGS. 

STATEMENT OF DR. SUZETTE KIMBALL, ACTING DIRECTOR, 

U.S. GEOLOGICAL SURVEY, U.S. DEPARTMENT OF THE INTERIOR 

Dr. KIMBALL. Good morning Chairman Murkowski, Ranking 

Member Cantwell and members of the Committee. Thank you for 

the opportunity to discuss the American Minerals Security Act of 

2015. 

This bill directs the Secretaries of the Interior and Energy to perform a number of activities intended to support and enhance the 

nation’s critical mineral supply chain beginning with developing a 

methodology to determine which minerals are critical to the nation’s economy. 

The Department of the Interior supports the goal of facilitating 

the development of critical minerals in an environmentally responsible manner. The activities directed by the bill would require resources and also would need to compete for funding with other priorities. 

The U.S. Geological Survey, USGS, is responsible for conducting 

research and collecting data on a wide variety of mineral resources. 

Studies include how and where deposits are formed, the interactions of minerals within the environment and information to document current production and consumption of about 100 mineral 

commodities within the United States and around the world. This 

full spectrum of mineral resource science allows for a comprehensive understanding of the complete life cycle of mineral resources 

and materials. That is resource formation, discovery, production, 

consumption, use, recycling and reuse and allows for an understanding of environmental issues of concern throughout the life 

cycle. 

The Bureau of Land Management, BLM, administers over 245 

million surface acres of public land primarily located in the 12 

Western states including Alaska as well as 700 million acres of 

subsurface mineral estate throughout the nation. 

The BLM manages mineral development under a number of different authorities. Each of these authorities along with BLM regulations and guidance provides a legal framework for the development of minerals including critical minerals on federal and Indian 

lands. The global demand for critical mineral commodities is on the 

rise with increasing applications in consumer products, computers, 

automobiles, aircraft and other advanced technologies. 

To better understand potential sources of critical mineral commodities the USGS has completed studies of known domestic and 

global rare earth reserves, resources and uses which summarized 

basic geologic facts and materials flow issue related to rare earth 

element resources, one type of critical mineral. 

Other USGS studies analyze world trade and supply chains for 

other critical minerals including lithium, platinum group metals 

and tantalum. 

In 2014 the United States was 100 percent dependent on foreign 

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pendent on foreign sources for an additional 24 mineral commodities. 

In 2008 a National Research Council Committee, funded largely 

by the USGS, developed a criticality matrix that combines supply 

risk with importance of use as a first step toward determining 

which mineral commodities are essential to the nation’s economic 

and national security. This has been updated by subsequent studies and ongoing work by the critical and strategic minerals supply 

chain interagency subcommittee of the National Science and Technology Council which is co-chaired by the USGS on behalf of the 

Department of Interior. 

S. 883 directs the Secretary of the Interior through the Director 

of the USGS to perform a number of actions that build on current 

USGS activities and capabilities including the recent rare earth’s 

inventory. It also directs the BLM to improve the quality and timeliness of decisions regarding environmentally responsible development of critical material—minerals on Federal lands. 

I appreciate the interest this Committee has shown on this important issue, and we look forward to working with you as this bill 

moves forward. 

The Department maintains a workforce of geoscientists with expertise in critical minerals and materials. The Department continuously collects, analyzes and disseminates data and information on 

domestic and global rare earth and other critical mineral reserves 

and resources on their production, consumption and use. The Department, through the USGS, stands ready to fulfill its role as the 

Federal provider of unbiased research on known mineral resources, 

the assessment of undiscovered mineral resources and information 

on domestic and global production and consumption of mineral resources for use in global critical mineral supply chain analysis. 

The BLM is committed to implementing efficiencies for the environmentally responsible development of critical minerals on Federal lands. 

Thank you very much for the opportunity to present the views 

of the Department on S. 883, and I look forward to your questions. 

Thank you. 

[The prepared statement of Dr. Kimball follows:] 


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The CHAIRMAN. Thank you, Dr. Kimball. 

Deputy Commissioner Fogels, welcome. 

STATEMENT OF ED FOGELS, DEPUTY COMMISSIONER, ALASKA 

DEPARTMENT OF NATURAL RESOURCES 

Mr. FOGELS. Thank you, Chairwoman Murkowski, Ranking 

Member Cantwell and the honorable members of the Senate Committee on Energy and Natural Resources. 

My name is Ed Fogels, and I’m Deputy Commissioner of the 

Alaska Department of Natural Resources. On behalf of Governor 

Bill Walker, thank you for this opportunity to testify in strong support of the American Minerals Security Act of 2015. 

I’ve also been entrusted by the 26 member states of the Interstate Mining Compact Commission to convey their strong support 

for Senate bill 883 to the committee and to express their gratitude 

for your leadership in this area. 

Senate bill 883 identifies several important goals for the Federal 

Government related to strategic and critical minerals. We strongly 

endorse all of these goals. 

The USGS has found that as of 2014 the United States relied on 

imports for almost all of the 63 identified strategic and critical minerals. Furthermore our reliance on imports is growing as is our 

need for these minerals. 

Our overreliance on imported minerals, however, is certainly not 

due to an absence of resource potential. In fact many U.S. regions 

contain significant potential for strategic and critical minerals. 

With the reforms outlined in Senate bill 883, this potential in Alaska and the other IMC member states can be explored. 

The State of Alaska is blessed with vast mineral potential on its 

lands. Based on USGS estimates if Alaska were a country it would 

be in the top ten in the world for coal, copper, lead, gold, zinc and 

silver. In addition, Alaska has more than 70 known occurrences of 

rare earth elements and multiple occurrences of other strategic and 

critical minerals. 

Alaska has two exciting projects currently in pre-permitting. The 

Graphite One deposit is the largest graphite deposit in the U.S., 

and the Bokan Mountain project contains significant amounts of 

the heavy or more valuable rare earth elements. 

The State of Alaska has increased its efforts to incentivize and 

promote the development of strategic minerals in Alaska. I’d like 

to briefly touch on three of these lines of effort. 

First, my department, the Division of Geologic and Geophysical 

Surveys, has embarked on a program to better characterize Alaska’s mineral endowment. Over the last several years we have 

mapped a total of 7.7 million acres, an area about one-third the 

size of the Commonwealth of Virginia. In addition we have obtained modern geochemical analysis of nearly 10,000 archived and 

new samples and much of this geochemical work has been in cooperation with the USGS. 

We have been working to make sure this data is readily available 

to governments, stakeholders and the public. To this end we have 

built a new geologic materials center in Alaska which contains 

samples representing over 14,000,000 feet of oil and gas drilling, 


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300,000 feet of core drilling for mineral projects and over 200,000 

surface samples. 

Senate bill 883 will greatly enhance and support these types of 

efforts and initiatives on both state and Federal lands. 

Second, Federal partnerships have been critical to the success of 

our mapping efforts. These include the National Cooperative Geologic Mapping Program, the National Geological and Geophysical 

Data and Preservation Program. We have also partnered with the 

private sector and Alaska native corporations to leverage mapping 

resources. We believe that Senate bill 883 will encourage these 

kinds of partnerships. 

Third, DNR has pursued permitting reform to make our processes more timely, predictable and efficient. 

Senate bill 883 lays the framework for a Federal analog. 

Here are some of our specific initiatives. 

We are working hard to improve the efficiency of our day to day 

permitting processes, and we have seen great success and have 

greatly reduced our permitting backlogs. 

We have also developed a program for health impact assessments 

to ensure we can evaluate the potential impacts to human health, 

of our communities, both negative and positive, from development 

projects. 

We have been looking for ways the state can help improve the 

permitting regime for Clean Water Act, Section 404 Wetlands Authorizations in our state. And we are looking for ways to increase 

public participation in our permitting process especially from local 

communities. 

A cornerstone of Alaska’s process which could assist the Federal 

agencies to accomplish the objectives of Senate bill 883 is our large 

mine permitting team approach for mining projects. 

This team-based approach, to our knowledge, is unique in the nation. Applicants can voluntarily enter into an agreement with the 

state to get a project coordinator who tracks every permit for a 

project. The coordinator serves as a liaison between the applicant 

and all of the relevant agencies and the public to provide a single, 

efficient point of contact. 

The State of Alaska has long felt that the Federal counterpart 

to the state coordinator would vastly improve the NEPA process. 

We believe that Alaska’s efforts to date and those of our other 

IMCC states can be instructive of how this effort might work on 

a national scale, and we will continue to be available to share the 

lessons we have learned. 

Thank you again for the opportunity to testify before this Committee, and I will be happy to answer any questions. 

[The prepared statement of Mr. Fogels follows:] 


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The CHAIRMAN. Thank you, Commissioner Fogels. 

Vice Admiral Cosgriff, welcome. 

STATEMENT OF VICE ADMIRAL KEVIN J. COSGRIFF, USN, RETIRED, PRESIDENT AND CEO, NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION 

Admiral COSGRIFF. Thank you, Chairman Murkowski, Ranking 

Member Cantwell, members of the Committee. 

I’m Kevin Cosgriff. I’m the President and CEO of the National 

Electrical Manufacturers Association. We represent some 400 electrical equipment and medical imaging technology companies across 

the United States, Canada and Mexico. Our combined industries 

account for more than 400,000 American jobs, some 7,000 facilities 

across the U.S. and domestic production that exceeds $117 billion 

per year. 

We’d like to think that our industry is at the very forefront of 

producing safe, reliable, resilient and efficient electrical energy, 

useable by customers and consumers at all levels. 

So we’d like to thank you for the opportunity to provide comments in support of Senate 883, the American Mineral Security 

Act. 

Challenging supply conditions and corresponding volatile prices 

of basic mineral inputs can, as you imagine, have significant challenge effects for the U.S. electro-industry, as we call our companies, 

including in sectors such as lighting, electric motors, energy storage, superconducting materials and medical imaging. Likewise 

risks exist in closely related electric intensive businesses including 

wind and solar electricity generation and things like hybrid and 

electric vehicles. 

Importantly, while in many cases only small amounts of specific 

mineral or mineral derivatives may be present in a manufactured 

component, its presence may be the key performance variable and 

in some cases the key efficiency variable as in lighting. 

When NEMA surveyed our member companies several years ago 

about the importance of minerals to their products, the results 

were insightful. In addition to well known usage in electro-industry 

of elements such as copper, tin, increasingly lithium, we found that 

many of the so-called rare earth elements are being used by our 

companies in products they manufacture or have under development for the market. 

For example, fluorescent and solid state lighting, highly efficient 

permanent magnet electric motors and magnetic resonance imaging 

units utilize these materials. 

Consequently we find the approach taken in S. 883 contributory 

to improving the prospects that the U.S. electro-industry companies 

will have access to the minerals and the related information they’ll 

need to be globally competitive in the future. And I would add to 

that in addition, the value of having qualified and work ready individuals to work in these industries. 

At the end of the day for us this legislation is about the Government enabling U.S. manufacturers to compete fairly into the future 

because it will have access to the information, the minerals and the 

other resources it needs to conduct its business. 


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So, thank you again for this opportunity to provide these brief remarks in support of the American Mineral Security Act. I look forward to working with the Committee in the days ahead as you 

move this bill forward. 

Thank you. 

[The prepared statement of Admiral Cosgriff follows:] 


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The CHAIRMAN. Thank you, Admiral. 

Mr. Conger, welcome. 

STATEMENT OF HARRY ‘‘RED’’ CONGER, PRESIDENT, 

FREEPORT-MCMORAN AMERICAS 

Mr. CONGER. Thank you, Chairwoman Murkowski, members of 

the Committee. 

My name is Red Conger. I’m President of Freeport-McMoRan 

Americas. I’m testifying today on behalf of the National Mining Association. NMA is the national trade association representing the 

producers of most of the nation’s coal, metals, industrial and agricultural minerals, manufacturers of mining and mineral processing 

machinery, equipment and supplies as well as engineering and consulting firms, financial institutions and other firms serving the 

mining industry. 

Today I’m testifying in support of S. 883, the American Mineral 

Security Act of 2015. I want to thank Chairwoman Murkowski for 

her leadership in introducing legislation to address a key obstacle 

for the country’s economic growth and global competitiveness. A 

slow and inefficient permitting process for mines that produce the 

minerals essential for our basic industries, technology, national defense and the products made here in America. 

Freeport-McMoRan’s U.S. employees include 8,500 workers in 

Arizona, 1,600 in New Mexico and 950 in Colorado. They produce 

copper, mendelevium and those things that allow Americans to 

drive safer cars on better roads and bridges, use laptops and smart 

phones and generally enjoy a high quality of life. 

Continued growth and demand for minerals and metals is key as 

we see global population growth, rapid industrialization and urbanization in the developing world and a rising global middle class are 

all driving demand for metals. Most of this growth will occur in the 

developing world where per capita consumption rates of energy and 

mineral commodities are just a fraction of what they are in the developed countries. Demand for minerals is also increasing as new 

frontier technologies require a wider range of minerals and materials. 

For example, a modern computer chip contains more than half 

the elements in the Periodic Table. And even though they may be 

present in various small amounts, each is essential to function and 

the performance of that chip. 

All of these trends point to sustained growth and global demand 

and increased competition for mineral resources. As the resource 

competition grows fiercer, stable and reliable mineral supply chains 

will become more critical here in the United States. Mining’s contribution to sustainable economic growth is important in recognizing the connection between minerals and economic growth and 

have developed strategies to ensure access to the minerals that 

form the building blocks of their economies and help them compete 

globally. 

The European Union’s Raw Materials Initiative is designed to 

ensure a sustainable supply of raw materials. A balanced policy 

incentivizes and removes obstacles to new mining activities to support the availability of the metals and minerals for the European 

economy. As the world’s largest consumer of many mineral comVerDate Sep 11 2014 03:30 Jan 21, 2016 Jkt 095276 PO 00000 Frm 00045 Fmt 6633 Sfmt 6602 E:\HR\OC\A276.XXX A276

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modities including copper, zinc and iron ore, China is giving special 

attention to its resource security by making global investments to 

ensure access to supply. 

When we turn to the U.S. however, we see a lack of urgency. The 

U.S. is blessed with a world-class mineral resource base with an estimated value of $6.2 trillion. According to the U.S. Geological Survey when it comes to copper, silver, zinc and other key mineral 

commodities what is left to be discovered in the U.S. is almost as 

much as what has already been found. 

Frankly I’m even more optimistic than the USGS. My experience 

over my 38-year career suggests we will exceed the USGS predictions in discovering those minerals here at home. 

However since the Mining and Minerals Policy Act of 1970, the 

U.S. has struggled with establishing effective policies to foster and 

encourage private enterprise and the development of economically 

sound and stable domestic mining minerals, metals and mineral 

reclamation industries. The lack of enabling domestic policies carries consequences for the competitiveness of downstream industries 

that depend upon reliable supply chains. Our nation’s import dependence for key mineral commodities has doubled over the past 

two decades. 

Much of our domestic mineral resources remain locked beneath 

our feet by an outdated and inefficient mining permitting system 

plagued by unnecessary delays and redundancies at the local, state 

and Federal levels. NMA urges Congress to work together on enabling policies that ensure timely and responsible access to U.S. 

mineral and metal resources. If we do not and become increasingly 

marginalized as a supplier of these essential resources, the consequences are severe for our nation’s global competitiveness. 

Thank you for the opportunity to testify today. 

[The prepared statement of Mr. Conger follows:] 


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The CHAIRMAN. Thank you, Mr. Conger. 

Finally Dr. Silberglitt, welcome. 

STATEMENT OF DR. RICHARD SILBERGLITT, SENIOR 

PHYSICAL SCIENTIST, RAND CORPORATION 

Dr. SILBERGLITT. Chairman Murkowski, Ranking Member Cantwell and distinguished members of the Committee, thank you for 

inviting me to testify this morning. My remarks will be based on 

a 2013 RAND study for the National Intelligence Council. 

I’d like first to define critical material. Although the United 

States has extensive mineral resources and is a leading global materials producer, we depend on imports for many materials that are 

critical inputs to manufacturing. The United States Geological Survey Minerals Commodity Summary reports that more than 20 materials that are critical inputs to U.S. manufacturing are imported, 

most at a level greater than 50 percent. These are the critical materials to which I refer. 

Many of these critical materials are imported from countries that 

dominate mining and processing, often with greater than 50 percent of global production. Such cases U.S. manufacturers are vulnerable to export restrictions that limit their access to these materials and that can result in two tier pricing in which manufacturers 

in the exporting country has access to materials at lower prices 

than those charged for exports. This damage is the international 

competitiveness of U.S. manufacturers and creates pressure to 

move manufacturing away from the U.S. and into the producing 

country. 

The dominant producer of greatest concern is China with more 

than 50 percent of global production of 11 different critical materials. China built its dominant position with a large resource base, 

a long term emphasis on mineral production and the ability to 

produce raw materials at a lower cost because of its lax environmental and occupational standards. 

China was once viewed as a reliable, low cost materials supplier. 

However, in the past decade China ramped up export restrictions 

that resulted in distorted markets for these materials placing our 

manufacturers into an uneven global competition with Chinese 

manufacturers who had access to critical materials at lower prices. 

The United States and its allies successfully challenged these 

policies before the World Trade Organization. After exhausting all 

allowed time to comply, China finally eliminated export quotas and 

some export duties. While this is welcome, it remains to be seen 

whether China will find other ways to provide its manufacturers 

with competitive advantages based on its position as a dominant 

producers. 

What can be done to mitigate these critical materials risks? 

The RAND report recommended two types of actions. Those that 

can increase resiliency to supply disruptions or market distortions 

and those that can provide early warning of developing problems 

with concentration of production. 

Concerning resiliency the most effective actions will encourage 

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come by actions at the local, national and regional and global levels 

to create a favorable and sustainable climate for the investments 

and time needed to bring diversified supplies into place. Over the 

long term actions to increase resiliency include the development of 

new and more efficient methods of extraction, processing and manufacturing, increased recovery from waste and scrap and research 

and development of alternative materials and new product designs. 

Concerning early warning, how might we recognize a developing 

pattern such as an increasing concentration of production, export 

restrictions or two tier pricing before it creates harmful market distortions? The benchmarking and market activity with diversified 

commodity markets provides a guide. If a critical materials producer seeks a deal that the United States Department of Justice 

would view in a commodity market as presumed likely to enhance 

market power that should be a red flag. When such situations 

occur international coordination and cooperation could potentially 

prevent them from reaching a level of concern that led to the WTO 

disputes mentioned previously. 

While as an independent and non-partisan organization RAND 

does not take any position on pending legislation, I’d like to note 

the relation some aspects of S. 883 to our recommended actions. 

S. 883 actions and requirements expedite permitting related to 

our recommended action to diversify production. The section on recycling efficiency and alternatives relates to our recommended actions to increase resiliency over the long term. The section on analysis and forecasting relates to our recommended action and foresight of developing problems and could provide the data for the 

type of benchmarking against diversified commodity markets that 

we recommend. 

Thank you for inviting me to testify. This concludes my formal 

remarks. I’d be pleased to answer any questions that you may 

have. 

[The prepared statement of Dr. Silberglitt follows:] 


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The CHAIRMAN. Thank you, Dr. Silberglitt. I appreciate your testimony here. And thank you all for being with us this morning. 

Dr. Kimball, let me begin with you. 

Both in your written testimony and in your written statement, 

you did not come right out and embrace Senate bill 883. Your written testimony provides that the Department of the Interior, ‘‘supports the goal of facilitating the development of critical minerals in 

an environmentally responsible manner.’’ 

We had an opportunity last year to have Dr. Meinert of USGS 

testify that he was, ‘‘thrilled and delighted’’ to see our critical minerals legislation. Around here we always like that warm embrace 

of legislation. 

So a yes or no answer from you, please. Do you think this legislation furthers the goal of facilitating the development of critical 

minerals in an environmentally responsible manner and increasing 

the mineral security of the United States? 

Dr. KIMBALL. Thank you, Senator. 

Well, Dr. Meinert is here with me today, and I can vouch for the 

fact that he still is thrilled and delighted. 

The CHAIRMAN. Good. [Laughter.] 

Dr. KIMBALL. In terms of a one word answer is yes, we do think 

that the goals embraced in Senate bill 883 will advance those priorities. And we really commend you and the Committee for elevating 

this very important issue. 

The CHAIRMAN. Well, I appreciate that, and know that we want 

to work with you on this. 

Let me ask about this Mineral Commodities Summaries Report 

that you do each year. We have all agreed across the table here 

that our reliance on other countries in terms of our mineral needs 

is increasing, but when USGS reports that we are seeing this increasing foreign mineral dependence, what happens? What happens next? 

If we are seeing this matrix go up do we have a concerted effort 

within the agency, anywhere within the Federal Government really, to reduce or then minimize the imports of those minerals where 

we are seeing this increased reliance? 

Dr. KIMBALL. With the USGS Mineral Commodities Report provides essential information that can inform national economic policy and trade considerations. The USGS itself does not enter into 

those kinds of policy decisions which factor into account economies, 

factor into account trade considerations and industry capabilities. 

And so once we—— 

The CHAIRMAN. So you put the summary out there, but not much 

further beyond that. Is that correct? 

Dr. KIMBALL. That is correct. 

The CHAIRMAN. Okay. 

Let me ask you about permitting reform, because we have heard 

from many of you here at the table that permitting reform must 

be addressed. It takes an average of seven to ten years to permit 

a new mine here in this country, and one leading consultancy has 

found that permitting delays are the most significant risk to mining projects here in this country. 

Mr. Fogels, you mentioned a couple specifics in the State of Alaska where we have made some headway. I think you refer to the 


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large project coordinator where you have a liaison between the applicant and all the agencies that are coordinating it that way, and 

we have seen improvements at the state level. 

What do you hear at the Federal level though, in contrast to 

what you are doing at the state level? 

Then a follow-on question to you, Mr. Conger, is if we were to 

adopt this type of an approach that the State of Alaska has with 

this liaison, would this help us with the Federal permitting process? 

Mr. Fogels. 

Mr. FOGELS. Thank you, Senator. 

Yes, as I said in my testimony and further elaborated on in my 

written testimony, we have developed a fairly unique process. We 

put together our large mine team that’s been in existence for probably close to 20 years now. Basically how it works is an applicant 

will voluntarily decide to sign up with the State of Alaska to get 

a project coordinator assigned to a specific project. This isn’t limited to just mining projects, but it did start in the mining sector. 

And then that coordinator will essentially shepherd the process, 

will track every single permit, state, Federal, local, trying to bring 

all the parties to the table and be that efficient, single point of contact. 

I think, most importantly, it gives the public a real holistic way 

to look at the process. It makes it easier for the public to follow 

along. The process also has a strong cost recovery component where 

the applicant essentially pays for almost all, if not all, the state 

permitting expenses. And again, this is just for the state side that 

that cost recovery is implemented. We have a statute that gives the 

Department of Natural Resources that authority to coordinate state 

agencies. It has enabled us to build a team with expertise. The 

mining sector is very complicated. To permit a mine is a very complicated endeavor, so we have this built up expertise. 

On the Federal side, they don’t really have a counterpart to our 

coordinator, and we’ve long dreamed that someday the Federal 

agencies should contemplate something similar. 

We understand that it’s a little more difficult to do something 

like that on the Federal side, with a Federal family, but we still 

think there’s room for the Federal agencies to somehow coordinate 

a little bit better. I think the Canadian National Government has 

a major projects office and that may be something to look at. 

But I think there’s room—— 

The CHAIRMAN. Well, I appreciate that. 

My time is up. Mr. Conger, I wanted you to just very briefly comment if you think that Federal application of what we have seen 

at the state level would help us with a more expedited or more efficient permitting process? 

Mr. CONGER. Chairwoman Murkowski, it would be very helpful. 

The CHAIRMAN. Okay, good. Thank you. 

Senator Cantwell. 

Senator CANTWELL. Thank you, Madam Chair. 

I have a couple of different questions. 

Dr. Kimball, I just wanted to know from you, what do you think 

you are currently lacking right now to ensure that there is a stable 

supply chain of these critical minerals for our economy? 


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Vice Admiral Cosgriff, I wanted to ask you about what you have 

seen that are the best research partnerships with the Department 

of Energy, again, to lessen the supply chain challenges and disruption. 

Dr. Silberglitt, I wanted to ask you about the examples of using 

recycling as alternatives in the supply chain. 

Obviously this is all about these industries that have to resource 

and keep this development going, so I just wanted to really hone 

in on that supply chain with those questions. 

Dr. KIMBALL. Thank you, Senator Cantwell. 

We believe we actually have the adequate existing authorities to 

undertake the kinds of assessments and resource determinations 

around the critical minerals supply chain issues. And in fact, life 

cycle analysis is a fundamental part of our strategic plan for mineral resources program. 

Enabling the USGS to be able to provide the kind of information 

on the time frame identified, within the time frames identified, in 

Senate 883 will be a challenge under our current funding constraints. 

Senator CANTWELL. Because of the complexity of that or? 

Dr. KIMBALL. Not so much because of the complexity, but because of the amount of work that it will take and the number of 

individuals that will be required to complete those assessments in 

the time frames that are identified. 

Senator CANTWELL. Don’t we already have a report that was 

done? Right? The DOE report, Critical Materials Strategy? 

Dr. KIMBALL. That’s the Department of Energy document. 

Senator CANTWELL. We do share, right? 

Dr. KIMBALL. Yes, we do. [Laughter.] 

And actually the Department of Interior and the Department of 

Energy work very, very closely together on these issues. 

The Department of Energy is focused more on technology and 

technological development associated with various industrial applications, whereas we’re involved more with understanding the distribution of the resource both discovered and undiscovered. 

Senator CANTWELL. Research partnerships, Admiral Cosgriff? 

Admiral COSGRIFF. Thank you, Senator. 

Well the Critical Minerals Institute comes to mind in the context 

of this hearing and what they’re working on. And in addition to 

that, which we welcome, we also have affiliations or companies 

have affiliations with universities. The larger ones are in-house 

technologists and they’re always pursuing technology as a competitive advantage when they can find something the other guys don’t 

have yet. 

So all of this R and D is going to be important across the entire 

life of these minerals from extraction I’ll defer to the gentleman on 

my left for that, but all the way through their life, their application 

and the manufacturing process and then the sunset of that product 

at the end of life. 

A good example of that is what NEMA members are doing with 

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Senator CANTWELL. Doctor, on the recycling aspect of the supply 

chain? 

Dr. SILBERGLITT. Thank you, Senator. 

Recycling is certainly very important, and it’s certainly market 

driven today. 

The case study of tungsten, that you quoted in your remarks, indicates that one can respond very rapidly, in fact, in some industries. The tungsten manufacturer that we talked to pointed out to 

us that they were already trying to substitute for tungsten as well 

as they could in cutting tools and using as little as possible and 

using it as efficiently as possible, but then with the problems with 

the supply chain they were able to start to recycle scrap and waste 

at an even greater rate. 

The USGS had done a study several years before, Dr. Kim Shed, 

and showed that the supply chain for tungsten has places where 

you can recycle. And so I agree that we should recycle as much as 

possible. It’s a very good alternative. 

Senator CANTWELL. Thank you. 

The CHAIRMAN. Senator Capito. 

Senator CAPITO. Thank you, Madam Chair, and thank you to the 

panel. I am going to start with Mr. Conger, please. 

Most of what we have heard in the panel discussion today has 

been in support of S. 883 for the reason I am going to ask in that 

the permitting process for new mines is very, very difficult to navigate. Generally speaking, you mentioned that you have been in this 

business for several decades. 

Would you say how the United States compares to other countries, and we touched on this a little bit, when it comes to permitting timelines for new mines? 

Mr. CONGER. Thank you, Senator. 

First of all, the standards that we use throughout the world are 

based on U.S. standards. Most of the countries in the rest of the 

world have rapidly adopted the standards for the quality and the 

veracity of the regulations. 

What we find most different is the other countries that we work 

in have specific timelines for various aspects of the permitting process to be completed within. And they’re adequate time frames, two, 

three years, typically. A lot of public involvement in those so 

there’s plenty of opportunity for everyone to be informed and arrive 

at the best, you know, overall outcomes for the project. 

When we work on permitting here in the United States there’s 

absolutely no timeline estimates that you can make. The most recent property that we permitted and built from scratch in Arizona 

took 12 years to permit. And there’s just, in many cases, no way 

to make—break the log jams that occur and it just takes a long 

time. 

Senator CAPITO. Just so I understand the semi-science of this 

and maybe, Dr. Kimball, you can answer this for me. On the mineral, we have heard that most of the producing and most of the importing is from China. Is that because we do not actually have the 

minerals here or is it what Mr. Conger was saying that investors 

and companies are not investing here because of the uncertainty of 

the regulatory issues? Do we have these minerals here? Could we 

be dominating in this field? 


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Dr. KIMBALL. I think there’s a combination of factors. In some 

cases we do not have adequate resources to meet our needs domestically. In other cases there are industry considerations in terms of 

practicality of extracting those resources. In some cases we have 

not completely mapped the full extent of the resources nationally, 

so we aren’t able to make an assessment. So there are a number 

of factors that complicate. 

Senator CAPITO. Contributing on the last point that you made in 

terms of that we have not adequately mapped, is that because we 

haven’t placed a great enough priority on it? Is it because the supply is there from other countries? How would you perceive that? 

Dr. KIMBALL. Again, there are a number of factors that affect 

that. We, in fact, have done national assessments on a number of 

minerals, critical, some identified as critical materials, some other 

metals, copper and zinc come to mind as ones where we have done 

national assessments. 

There is a timeline and a work load commitment associated with 

that. We’ve been very fortunate to have a very good working relationships with industry, with other Federal agencies and with the 

university communities, but that coordination to move forward in 

a national context is not only complex, but it’s a very, very large 

work load. 

Senator CAPITO. Does the State of Alaska do their own mapping 

exploration? I mean, do you feel like this is a necessary, for us to 

move forward, could we do it statewide with the Federal, sort of, 

overseeing in terms of discovery? 

Mr. FOGELS. Absolutely, Senator. The State of Alaska does do its 

own mapping, very heavily partnering with the Federal agencies 

such as the USGS. 

Senator CAPITO. Right. 

Mr. FOGELS. But I should make a point that as of today we have 

mapped 17 percent of Alaska, 17 percent, at a scale that’s suitable 

for mineral exploration. And the remaining unmapped acreage in 

Alaska is equal to the States of Washington, Oregon, California, 

Nevada and Arizona, combined. [Laughter.] 

Senator CAPITO. You could probably even stick West Virginia in 

a little corner in there and still be accurate. [Laughter.] 

Mr. FOGELS. I believe so. 

Senator CAPITO. Let me just ask a quick question. Somebody 

might be able to answer this with a yes or no. 

My perception of these types of minerals is that they are very expensive to purchase and could be a very lucrative business if we 

would get together and use this law to better coordinate and expedite our regulatory regime here. Is that true? Are most of them 

very expensive or not? Yes? 

Mr. CONGER. Senator Capito, I think there would be more people 

exploring and looking for minerals if they knew that they could 

bring it to fruition and produce them, that there’s just a huge barrier to entry with the uncertainty of how long it’s going to take to 

permit. 

Senator CAPITO. Okay. Thank you very much. 

Thank you. 

The CHAIRMAN. Thank you. 

Senator Franken. 


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Senator FRANKEN. Thank you, Madam Chair. 

In 2013 I was a co-sponsor of the Chair’s Critical Minerals Policy 

Act, and I believe that bill was able to strike a balance between 

supporting domestic critical mineral production and doing so in an 

environmentally responsible way. 

We need to continue, to make sure that mining activities which 

are vital to local economies are carried out in a manner that is consistent with protecting the public health, welfare, safety, our national security and the environment of the United States. I am not 

sure why these considerations got less attention in the legislation 

that has been introduced in this new Congress. 

Dr. Kimball, in your opinion have environmental impacts of extracting critical minerals lessened over the last two years? 

Dr. KIMBALL. Senator, I’m not qualified to answer that question 

in terms of whether or not the impacts have lessened due to 

changes in technology or industry practices. 

I can say that it’s a very important issue. Mineral, any extractive 

industry development and environmental protection are not mutually exclusive goals. And so that a good understanding of the resource distribution, a good understanding of how technology can be 

applied and what the potential environmental impacts might be 

due to that extraction can work, those entities can work cooperatively together for an effective—— 

Senator FRANKEN. I think they have to. I mean, they are not mutually exclusive. They are intrinsically tied together. 

In our efforts to increase domestic production of critical minerals 

shouldn’t we be concerned with doing it in a way that really pays 

due attention to health, safety and the security of communities and 

the environment as well? Anybody? 

Mr. CONGER. Senator, if I may? 

We have the best regulatory regime in the world for those kinds 

of things, and I would submit that the minerals coming from 

China, for instance, are not being extracted with near the care and 

attention to the environment that we do here in this country. 

So I think the best thing for global population overall is for us 

to do it under our standards. As you said, they’re intrinsically 

linked between our security interests and our ability to do it the 

best anywhere in the world. 

Senator FRANKEN. Well in the prior version of the bill, in the previous Congress, it included substantial funding, about $15 million, 

for research to look at things like recycling and other alternatives 

to limit the overall environmental impacts of mineral extraction. I 

think that we should continue to lead the world in that. I think 

that is good for Americans, and I think we can do both, but the bill 

does not include any specific authorization for these programs. It 

is something that I would be interested in working with the Chairman on. 

Dr. Silberglitt, as you noted, rare earth metals are critical to the 

high tech sector, in the energy sector, but we also know that in 

many cases we are dependent on imports from China, as testimony 

cited. In recent years we have seen large price increases for these 

rare earth elements, and we need to make sure that our dependency does not harm our manufacturing sector. 


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I know that there is a real risk when it comes to developing 

clean energy technologies. Dr. Silberglitt, can you talk about which 

particular clean energy technologies are most dependent on rare 

earth elements? 

Dr. SILBERGLITT. Thank you, Senator. 

The report that the Senator just held up from the Department 

of Energy goes into that in a lot of detail, and many of the renewable energy technologies such as wind energy rely—and more energy efficiency projects such as using substitutes for incandescent 

lighting, phosphors are important. 

So there are a host of new energy technologies, as the Department of Energy and the national labs have documented, for which 

the rare earths are very important. 

Senator FRANKEN. Well I see my time has run out, so maybe I 

will include a couple of extra questions for the record. 

Thank you, Madam Chair. 

The CHAIRMAN. Senator Daines. 

Senator DAINES. Madam Chair, thank you. 

Mr. Conger, according to recent studies metal mining in Montana has contributed $403 million, as this 2012 numbers in tax revenues 

and non-metal mining contributes $128 million. That includes $288 

million of state and local taxes. 

Metal and non-metal mining has created nearly 20,000 jobs in 

Montana including 8,500 direct jobs. These are good paying jobs. In 

fact in Montana we know this balance between developing our natural resources with responsible environmental stewardship is the 

only option. 

As access to our state’s one of a kind public lands is crucial to 

our state’s tourism economy and our very way of life, it is critical 

that mining operators in Montana engage members of the community and responsible stewards of the resource. 

In fact, the Stillwater Mining Company mining only one of two 

of the platinum and palladium resources in all of North America, 

recently received BLM’s hard rock mineral community outreach 

and economic security award in October of 2014. I visited the operation. These are great jobs. They do so much for the community, 

and this mining is occurring right in the backdrop of the AbsarokaBeartooth Wilderness Area. These miners work during the week, 

and they are backpacking, fishing, climbing mountains and hiking 

on the weekends. It is a great example of that balance that we 

seek. 

The question I have is I am told your company also has an excellent reputation for investing in the communities where its mines 

are located including partnering to foster sustainability. Could you 

tell me more about your company’s initiatives in that area? 

Mr. CONGER. Thank you, Senator Daines. 

We are certainly proud of Stillwater Mining as a member of the 

National Mining Association. So, congratulations on those achievements. 

At Freeport-McMoRan it is very important that the people in the 

areas where we live and work understand that the true benefit of 

having us as a neighbor verses us not being there. And there’s no 

question we have an impact on the environment. We know that. 

We do a variety of things to ameliorate those impacts. 


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But in the areas of education, health, and community development, we’re strong supporters of local communities. We give generously to things that meet those criteria, education, health, etcetera, 

in the form of projects at schools, scholarships, infrastructure in 

cities and towns and things that make sense for us and the people 

where we live and work. 

Senator DAINES. We have also seen, however, in Montana there 

have been some mining projects that have been burdened by extensive permitting processes that are keeping these job creating 

projects from moving forward, valuable investments in the communities. 

A couple that come to mind are the Rock Creek Mine and the 

Montanore Mine which have been undergoing extensive permit 

analysis for several years. The Montanore Mine is up in Lincoln 

County, up in the Northwest part of our state. 

When I was going to high school, Libby was a Double A high 

school. We are a Double A high school, my home town of Bozeman. 

Libby has gone from Double A to A. They are moving to Class B 

next year. That is really, I think, the story of what is going on with 

some of our communities which are dying with high unemployment 

rates and very low incomes. There has been truly an extensive, almost analysis by paralysis going on for several years on these 

projects. 

Could you expand more on the on ground impact that the slow 

permitting process has had for members of the National Mining Association? 

Mr. CONGER. Senator Daines, in general you can’t make a business plan without some kind of estimate of timing of investment 

itself of activities when, you know, when do we hire engineering, 

when do we hire construction, when do we hire permanent employees. And you know, the key to all of that is being able to have the 

permits to proceed. 

So when there’s no surety of how that process is going to work 

and there are plenty of opportunities for it to be stalled and delayed, people can’t count on anything. You can’t. 

If this, the communities that you mentioned, their people would 

like to go to work there at those operations, but they don’t have 

any idea when that might be able to take place. 

Senator DAINES. As we say in Montana, we work but we also like 

to play. 

Mr. CONGER. Yeah. 

Senator DAINES. But if you do not have a job the only folks that 

will be playing in Montana are tourists coming from out of state 

because Montanans no longer can afford to raise their families 

there and that is why we need these jobs. Thanks for your comments. 

Mr. CONGER. Thank you. 

The CHAIRMAN. Thank you, Senator Daines. 

Senator Hirono. 

Senator HIRONO. Madam Chair, I would like you to allow Senator Manchin to go before me since he has a mark up to attend. 

The CHAIRMAN. Yes, certainly. 

Senator Manchin. 


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Senator MANCHIN. Thank you, Madam Chairman, and thank all 

of you. 

I think we all know the constraints that we have producing the 

minerals this country depends on and needs. I come from West Virginia, as you know, and West Virginia has been challenged in so 

many ways. 

We have consistently found better ways to do things, better ways 

to find a balance between the economy and the environment. There 

has to be a balance. 

With that being said, under the Strategic and Critical Minerals 

Stockpiling Act, the Department of Defense is responsible for stockpiling critical minerals. In fact, one of the stockpiles used to be in 

Point Pleasant, West Virginia. An unbelievable site, deep water 

port, both rail lines coming in, CXS/Norfolk Southern. And it just 

disappeared. GSA disposed of it all. 

So I would ask a question to all of you concerning our defense 

and our economy, the defense of our nation and the economy that 

we depend on and all of us live our life. 

Do you believe the United States is positioned right now and we 

have sufficient rare earth minerals to do the job that we need done 

in this country to defend it and to sustain economic growth that we 

need or have we become more reliant on others, the outside world? 

All I can speak about is I have seen all the other countries buying 

up the minerals in West Virginia. People do not realize, basically, 

our best metallurgical coal is being bought up by Russia and India 

and China. It continues. I am sure it continues in other hard rocks. 

But if you all could, just very quickly on that one, talk about do 

you believe we are in a position to defend ourselves from the economic and the defense that we should be by having strategically either control or ownership of rare earth minerals? We will just start 

right down the line. Dr. Kimball. 

Dr. KIMBALL. Thank you, Senator. 

Well, of course, USGS does not engage in those kinds of analyses, 

so I don’t feel that we’re qualified to determine whether or not—— 

Senator MANCHIN. You all have not looked at the inventory? You 

have not looked at basically what we have in this country? Who the 

ownership is and what the production levels are? 

Dr. KIMBALL. Through our mineral commodities analyses, yes, we 

have, but we have not put that in terms of what is—— 

Senator MANCHIN. Could you get us a report on that? I mean, I 

want to know are we dependent on other countries or do other 

countries have control of our minerals which we are dependent on 

for our economy and the defense of our nation. If you could get me 

an answer on that I would really appreciate it. 

Dr. KIMBALL. We’ll provide information for the record. Will that 

be suitable? 

Senator MANCHIN. Absolutely. 

[The information referred to follows:] 


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Senator MANCHIN. Mr. Fogels. 

Mr. FOGELS. Yes, Senator, thank you. I guess I would have to say 

no, we’re not prepared to supply ourselves with what we need. 

Senator MANCHIN. You think right now that we are dependent, 

strategically, on the things that it takes for the quality of life we 

have and defending our homeland, that we cannot take care of ourselves right now without outside rare earth minerals? 

Mr. FOGELS. Absolutely. I firmly believe that, but I believe that 

we have the potential to turn that around. 

Senator MANCHIN. Do you have any statistics on that or any info 

that can back that up basically saying that we are not in a position 

today to self-sustain or take care of ourselves? 

Mr. FOGELS. I think it is out there. I think we can—— 

Senator MANCHIN. Can you put that together for me? 

Mr. FOGELS. Get it together? Sure. 

Senator MANCHIN. Okay. Vice Admiral. 

Admiral COSGRIFF. I think what my members look for more than 

anything else is predictability. For the most part in a globalized 

market, no matter where these minerals reside, in the main right 

now it’s predictable. 

But I think as—— 

Senator MANCHIN. You think basically we have either ownership 

or control as the United States? 

Admiral COSGRIFF. I think it’s a predictable source of minerals 

from my company that they need in manufacturing, but I think as 

a West Coast port problem showed, as a one off example of how 

quickly disruption can riffle through the economy. 

Senator MANCHIN. Oh, I—— 

Admiral COSGRIFF. So as I am not a miner, I do not know the 

geology of this. But as a representative of manufacturers, they are 

looking for predictability and affordability in their supply. 

Senator MANCHIN. I think my question goes deeper basically saying that the hard challenges we have through regulatory, of being 

able to produce the rare minerals that we depend upon make us 

more dependent, that we have less control, is what I am trying to 

say. If you all have the expertise and everything, we have got to 

make sure that the people in the United States of America, 300 

plus million, understand that we are not in a position to take care 

of ourselves either over regulations or a lack of inventory or dependency on countries that basically could shut us off in a heartbeat. 

We know what we are talking about is China, about them being 

very aggressive in the world market. Correct? Red, do you have any 

comments on this? 

Mr. CONGER. Yes, Senator Manchin, thank you. In a word, no, 

we are not self-sufficient. We could be more independent. 

To be direct about your question, the National Mining Association will provide you with that data and that back up information. 

Senator MANCHIN. Thank you. 

[The information referred to follows:] 


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Senator MANCHIN. Dr. Silberglitt. 

Dr. SILBERGLITT. Thank you, Senator Manchin. I think the key 

words that we’ve heard today from my colleagues here are access 

and uncertainty and predictability. And so we have these world 

markets for materials and the rare earths are a perfect example of 

where we don’t have control, where we depend on imports. 

And if that market were a fair marketplace and our companies 

could have access at the same price that anyone else would pay 

then, I think, we would have no problem. We don’t have to control 

it ourselves, but that isn’t currently the case as we said in our report. 

Senator MANCHIN. Okay. Well, I do not subscribe to throwing 

caution to the wind. I think there is a balance between the economy and the environment. We have a responsibility, but also we 

are very vulnerable, I think, and that is what I am concerned 

about. 

I want to thank Senator Hirono very much for allowing me to do 

this. Thank you. 

The CHAIRMAN. Thank you, Senator Manchin. I think your questions get right to the heart of why we want to have this legislation 

because there is a vulnerability and it is very real. 

So, Senator Hirono, thank you for generously letting your colleague precede you. Go ahead. 

Senator HIRONO. Thank you, Madam Chair. 

This is a question for Vice Admiral Cosgriff. We have heard testimony today on the limited supply of critical minerals that are in 

products that we rely on everyday from smart phones to toothpaste 

to vehicles. As a consequence our landfills are filled with products 

containing critical minerals and looking at the testimony from Dr. 

Silberglitt that that in the tungsten situation the industry responded relatively quickly to producing through secondary production of tungsten through recycling, filling a need. 

So my question, Vice Admiral Cosgriff, is what percentage of 

electrical equipment containing rare earth minerals is recycled 

across your members and what are the impediments you see to increasing recycling rates? 

For the rest of the panel, anyone who wants to weigh in, what 

is recycling of critical minerals from the products that already contain these minerals feasible and what can we do at the Federal 

level to incentivize recycling of these products containing these 

minerals? 

Let’s start with you, Vice Admiral Cosgriff. 

Admiral COSGRIFF. Thank you, Senator. I can’t give you a percentage of products that have critical minerals in them or the percentage of recycling that they are in. We will do our best to get—— 

Senator HIRONO. It is probably not very much. 

Admiral COSGRIFF. Well, we will do our best to get that information to the Committee because I think it’s a very good question and 

a very right question about the responsibility we all have, you 

know, suppliers, manufacturers and users, to make sure at the end 

of life of these products for environmental reasons and increasingly 

for other reasons, in this case the rarity of a key substance in that 

product, to do our level best to recover that. 


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Admiral COSGRIFF. I know in manufacturing we spend a lot of 

time trying to wring inefficiency out of our processes. Waste is an 

inefficiency. You wouldn’t want to waste something with the word 

rare in it. So that’s an important part of it. 

Likewise at the end of life teaming with consumers and other 

users we recover those materials as best we can. There are programs that do that. DOE incentivizes that. States do that. There 

is some research being done on that. I would encourage and congratulate the Committee on addressing that whole life cycle approach to these products or these materials. 

Senator HIRONO. You say that there are already Federal incentives to recycling? Yes? 

Admiral COSGRIFF. The ones I’m familiar with are for environmental reasons for recovering materials in lighting systems, and I 

will find out on the critical materials from the manufacturers point 

of view. 

[The information referred to follows:] 


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Senator HIRONO. Do any of the other panelists want to weigh in 

on how feasible is it to recycle more of the products to get critical 

minerals out of these products? 

Mr. CONGER. Senator Hirono. 

Senator HIRONO. Yes? 

Mr. CONGER. Thank you. 

Senator HIRONO. Mr. Conger. 

Mr. CONGER. One thing that I would point out in the case of copper which is well-documented. Copper has been mined and produced for over 4,000 years. Estimates have been made that 99 percent of all the copper that’s ever been extracted from the Earth’s 

surface is still in use today and we track that annually. It’s an integral part of the supply cycle of copper. Wires, you know, get—you 

tear down something that has copper wires in it, for instance, or 

an old motor. You take that, put it back into the supply chain, and 

that ends up constituting about ten percent of the total marketplace. 

So what I would point out is yes, recycling is important. We need 

to continue to encourage people to recycle and facilitate recycling, 

but it’s not going to replace the growing demand that the world’s 

population has for all of these things. It’s part of it, but it’s not sufficient—— 

Senator HIRONO. Yes. 

Mr. CONGER. To not have new mines. 

Senator HIRONO. I understand that, but I think recycling probably should/could play a bigger role in our need for these critical 

elements. 

I have another question about the Department of Energy in 2011 

and under Chair Murkowski’s bill would require the DOE to identify and develop alternative minerals and energy technologies that 

are less reliant on minerals that could face supply restrictions. 

So perhaps, again, Vice Admiral Cosgriff, you can let us know 

how much progress has been made within the manufacturing industry on finding these alternative minerals and manufacturing 

techniques that will be less dependent on critical minerals? How 

are we progressing on that front? 

Admiral COSGRIFF. Yeah, I think the thing to remember there, 

Senator, is that our companies pursue technology for competitive 

advantage, so they’re always trying to find that special something 

that’s going to give them a leg up. 

Pick on lighting again, in the case of LEDs, we do use these rare 

earth elements to help us tune the light to get the right colors, to 

get the right mix of colors so that white looks like white light, looks 

like white light to your eyes and not some off shade that drives 

consumers crazy. 

Right now that’s the rare earth component of LEDs. In the future, I can’t say. But it’s an example of where technology got us 

to a point where we are reaping tremendous energy savings with 

these new devices. And I think it’s logical to think that our companies will continue to pursue alternatives to something that’s going 

to be expensive to source, rare earth elements. 

Senator HIRONO. Okay. 

Thank you, Madam Chair. 

The CHAIRMAN. Senator Warren. 


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Senator WARREN. Thank you, Madam Chair. 

As we have discussed this morning, the innovative use of minerals is expanding rapidly from advanced defense technology to cutting edge clean energy developments. New uses are cropping up 

with increasing frequency. We depend on these valuable materials 

every day for components in phones, computers, roads and that 

means we count on having a steady supply of them. 

For many of these minerals we know that is not a problem. We 

know that our manufacturers and researchers will have access to 

them at reasonable prices for the foreseeable future. But for others, 

we do not have much choice except to use unreliable foreign 

sources and to accept the risks that come along with that. 

That is why it is so important that we invest in developing alternatives to critical materials and finding other ways to reduce our 

reliance on oversea suppliers. 

Northeastern University in Boston, for example, has conducted 

important research on rare earth minerals focusing on potential 

substitutes for these minerals in ultra strong magnets that are now 

used in everything from hybrid cars to headphones to jet engines. 

Dr. Silberglitt, given how reliant we are on importing critical 

minerals, can you explain how high quality research can reduce the 

risks associated with supply shortages and disruptions? 

Dr. SILBERGLITT. Thank you, Senator Warren. Well, research can 

reduce the risks in several ways. 

One is to reduce the amount that we use simply by using a material that using the same material more efficiently with a better 

product design. This is going on in the tungsten industry for many 

years, and it’s accelerated because of the situation you describe. 

Another is, you know, to be more efficient in the way we actually 

produce these materials. Right? We talked about better ways to actually produce the material, to do it in a more environmentally 

sound way, to process it more efficiently, so that we essentially get 

more out of what’s in the ground. Right? 

And another possibility is to substitute one material for another. 

I believe the research you quoted talks about using cerium which 

is a very, much more abundant and less supply risky material than 

neodymium and dysprosium which are the ones that are quite a bit 

of a problem according to the Department of Energy, for example. 

So there are all these different ways, and I think we need to, like 

with energy, it’s not one verses another. You need them all. So I 

think we need to pursue all of those. 

Senator WARREN. Good. Well that is very valuable to talk about 

the different ways in which research can be helpful in this area. 

Dr. Kimball, what mineral needs does our country have that we 

might be able to help address with better investments in research? 

Can you just give us an idea of that? 

Dr. KIMBALL. Senator, are you asking what specific minerals we 

should be pursuing? 

Senator WARREN. Or general areas where we should be working? 

Dr. KIMBALL. Well, I think one of the most important things is 

really looking at the life cycle analysis of various minerals where 

we know that there is demand through industry. And some of those 

minerals are included in the list that has been referenced several 

times this morning where we do have a foreign dependence. 


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Part of the challenges that we, as a nation, face is to not become 

too dependent on a single source for any particular commodity but 

to understand the distribution so that if there is disruption in those 

commodities that, in the supply of those commodities, that our 

needs are not put at risk. And so I think that’s another valuable 

area for research. 

Senator WARREN. Good. That is very important. Thank you. 

I realize that investments in high quality research cannot solve 

all our problems, but this research represents a very important opportunity to reduce our reliance on unreliable, foreign mineral 

sources. We can do a better job of developing alternatives to critical 

minerals, strengthen our research workforce and explore other 

ways to improve our resilience to supply disruptions and our nations and other research institutions can play a critical role in that 

process. 

I am pleased that the bill we are talking about today takes steps 

to address these concerns, and I look forward to working with the 

Chairman on this. 

Thank you. 

The CHAIRMAN. Thank you, Senator Warren. 

We have had a good discussion here this morning about understanding what it is that we have, the analysis, the assessments and 

then trying to forecast out what it is that we will need. How we 

can be more efficient in our use, how we can recycle, how we can 

find alternatives. 

I want to go back to you, Mr. Fogels, with a follow-on to Dr. 

Kimball, just in terms of the mapping. 

You have indicated that 17 percent of the State of Alaska has 

been mapped, and we have a long way to go in understanding what 

it is that we have available to us. I would imagine that we are in 

a similar situation around the country just in terms of having mapping and an understanding of the resource across the country. Obviously the more we know, the better prepared we are. 

How do we go about placing a priority then on mapping? We 

have had a difficult time just getting an inventory of many of our 

oil and gas resources. In my view, this falls in that same category. 

Is it something, and I think this goes to Senator Capito’s point, 

where if the Federal Government is not doing it we rely on the 

states to do it? How do we do a better job in terms of the assessment? 

Mr. FOGELS. Madam Chair, thank you. I mean that’s a really 

good point. I think as we all know a lot of you have heard Alaska’s 

financial situation at this point given the low oil prices probably 

won’t let us contribute as much to our mapping efforts as we once 

have, for at least for the time being. We hope that—— 

The CHAIRMAN. So if we do not have the mapping does that mean 

that we have investors that are just not looking at us because they 

don’t know? 

Mr. FOGELS. Well again, we’ve done a lot of really good work on 

our mapping. Already state mapping data has enabled us to find 

two significant prospects in Alaska, the Pogo gold mine which is 

producing right now and the Livengood project which is a fabulous 

project that’s in pre-permitting. Both of those were discovered at 

least in part because of the state release of data. 


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We have other projects such as the Richardson Highway area 

where a company recently staked 23,000 acres of mining claims 

based on state data. So existing state data is still driving investment in Alaska and will continue to do so. 

We’re just looking—— 

The CHAIRMAN. What about on the Federal side? If we have 17 

percent of our state lands that have been mapped, how much of our 

Federal lands have been mapped? 

Mr. FOGELS. Actually I think the 17 percent figure that I mentioned was all of Alaska. 

The CHAIRMAN. It is, okay. 

Mr. FOGELS. State, Federal and probably even private Native 

corporation lands. I don’t have the actual break out, percentage by 

land ownership. 

But I mean, we definitely need to do more, and we’re looking for 

innovative ways to partner with the Federal agencies such as the 

USGS to keep that rolling. And for awhile now anyway we’ll have 

to rely more on the Federal agencies to help us with that mapping. 

The CHAIRMAN. Let me ask you, Dr. Kimball, are we giving sufficient priority just to the assessment and mapping in your view? 

Dr. KIMBALL. I think that we could put more effort into developing those baseline assessments. And as we’ve talked a lot today 

about how technology is driving a need for critical minerals, advances in scientific technology can help us with those assessments 

and mapping. 

New techniques for using hyper-spectral technology, for instance, 

which is being pioneered right now domestically in Alaska has the 

opportunity, provides us with the opportunity to be looking at larger areas, especially those that are inaccessible to the usual boots 

on the ground prospecting types. 

The CHAIRMAN. Good. Now let me ask about this early warning 

system that you referenced, Dr. Silberglitt. 

Your report contains this index that approximates the global concentration and production for critical raw materials. Can this type 

of an index then serve as some kind of an early warning system 

for problems related to concentration of production? Because it 

seems to me, look, this is expensive to produce. You have long lead 

times. If we can see it coming perhaps we can be a little more 

proactive here. Is that a fair observation? 

Dr. SILBERGLITT. Thank you, Senator. There are two indexes that 

we used in our report. 

One is the Herfindahl-Hirschman Index, the HHI, which is commonly used for commodity markets, and it shows you if you see 

that’s becoming more concentrated then you see that there is producers that are dominating the market. 

The other, we folded into that HHI index, the World Governance 

indicators that the World Bank produces to look to see if the dominant producers indeed one that has a poor governance or that controls their market so that we need to worry more about that. 

I think that both of those indexes can be used if you benchmark 

them against commodity markets. So if you look at the changes in 

those indexes and you ask yourself, if I were the Department of 

Justice and this were a commodity market, would I worry about 

this? 


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So yeah, that will give you some foresight. And that kind of 

benchmarking can suggest where there might be a problem evolving. If we had done that years ago when we saw the Chinese 

growth—— 

The CHAIRMAN. Right. 

Dr. SILBERGLITT. In all these different markets we would have 

said, maybe, gee, this could be a problem eventually. 

But I think that forecasting can be a problem too, right? Because 

there’s so much uncertainty in these markets. They can change 

very rapidly as we’ve seen with the rare earths and with other materials. 

So I think one has to take those forecasts with a grain of salt, 

use them as a guide. I’d like to do foresight rather than forecasting. 

Look at what’s plausible and what the range of uncertainty is and 

then yes, these indexes can give you benchmarks that might enable 

you to see when a problem could occur. 

The CHAIRMAN. Let me ask you, Admiral Cosgriff and Mr. Conger or others, if we were better able to forecast or to operate with 

foresight, as Dr. Silberglitt has mentioned, does that help us here 

from a manufacturing perspective? 

Admiral COSGRIFF. Oh absolutely. I mean, the predictability, that 

enhanced predictability, that comes with this sort of, these sorts of 

information flows, whether it’s a forecast or foresight, reinforces 

the instinct of manufacturers to have, to always have a plan B on 

their supply chain. So what happens if? 

So they’re not happy about having a single source of anything, 

no matter where that single source is from. So if it’s in a geopolitical sensitive area that increases their risk. 

If there’s a marker on the business side or the economic side that 

they get to see then they start to take the logical actions you’d expect. How do I mitigate the risk? How do I keep this product line 

going in the face of this sort of challenge? So information would 

drive this. 

The other thing that will drive it is cost. If somebody starts manipulating it for some reason at home or abroad that would get 

their attention very quickly, and they’d start looking for other 

sources. 

Intuitively I think my companies identify themselves as North 

American companies so intuitively they would think about sourcing 

closer just to avoid the cost of moving things farther. 

So all this, I think, contributes to a notion inside the electro industry of wanting to bring as much of this as close as you can and 

have multiple sources available. 

The CHAIRMAN. Mr. Conger. 

Mr. CONGER. Chairwoman Murkowski, I would also add that if 

the free market system is allowed to work, if I can compete in this 

country with mines in other countries that have the same permitting horizons, roughly the same standards, then the supply will 

come from those that are most economically viable to do it. And in 

some of the cases that were pointed out by the Vice Admiral, if we 

had the opportunity to go search for and produce those minerals 

with certainty in this country, you’ve got the opportunity to actually increase the supply and drive the cost down. 


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So it benefits us in many, many ways, and it should be, you 

know, we should not be giving up a competitive advantage of these 

minerals we have here at home because we’ve got such a difficult 

permitting horizon to get through. 

The CHAIRMAN. Let me ask you all one more question, and it is 

to any of you. 

You have reviewed the legislation that we have introduced here. 

One of the questions that was presented this morning, I think, perhaps, left a little bit of confusion about the bill itself and whether 

or not it weakens or removes any requirement to provide for environmental safeguards. I want to make sure that it is very clear 

that the intent of the legislation, of course, is to do what we can 

to allow for a more streamlined permitting system but in no way 

to pull the rug out from underneath any environmental requirements there. So to any of you who may wish to jump in here. Do 

you believe that the bill weakens or waves any of the requirements 

of existing environmental laws? Commissioner Fogels. 

Mr. FOGELS. Yes, Senator. The State of Alaska and the Interstate 

Mining Compact Commission, we’ve reviewed the draft bill in its 

current form and we do not believe that. We believe that it provides the opportunity for the Federal agencies to evaluate how they 

do permitting, and it provides some of the directions to improve 

their permitting process. 

In Alaska we’ve spent a lot of time trying to improve our permitting process. And a lot of people will take that to mean we’re trying 

to short cut it somehow and reduce protections, and that’s not at 

all the case. 

With every mine project that we permit we learn from previous 

mine projects. We learn from mine projects around the planet, and 

we take what’s worked well, what hasn’t and we build on the next 

mine project. 

So I think we’re in a process of continually improving our permitting process both environmentally and efficiently, and we believe 

this bill would do that. 

The CHAIRMAN. Do you think that any of the Federal agencies 

would carry out the activities that it authorizes in a manner that 

is not environmentally responsible? 

Mr. FOGELS. I would certainly hope not, Senator. 

The CHAIRMAN. Any other comments? Mr. Conger. 

Mr. CONGER. Senator Murkowski, Deputy Commissioner said it 

very well that you’re not giving up environmental safeguards. 

We’ve done it in other countries. It’s all about a view to working 

through a process to get to an end point not to just keep going 

through the process with various agencies all on their own different 

path. 

We, you know, the suggestions that have been made here so we 

can coordinate that. We can eliminate duplication, delays that 

come from that and have the same or better outcomes in less time 

but certainly not less safeguards. 

The CHAIRMAN. Certainly. Admiral Cosgriff. 

Admiral COSGRIFF. I know this isn’t the question you asked but 

something that’s very much on the minds of my members is addressed in the bill which is the workforce development. I would 

congratulate you on that and just suggest that when we think 


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about that so the poster child becomes STEM which almost by definition tends one to move in the direction of college and advanced 

degrees. 

But a challenge across the electro and medical imaging industry 

is the production workforce readiness too which is a different part 

of the education spectrum. 

So we commend the Committee on addressing the criticality. 

This is a generational shift occurring in our industry, and we are 

actively exploring any and all good ideas and opportunities to team 

with jurisdictions at all level and educators to see if we can get this 

right. 

The CHAIRMAN. Thank you for bringing that up because it is an 

absolutely vital piece, not only to this legislation, but again, when 

we look at our workforce that is out there. This is an area that I 

think is very important that we be weighing in and addressing. 

I want to thank you each for your contribution here this morning 

in discussing these issues. We talk a lot here in the Congress about 

made in America. We want everything to be made in America. We 

talk a lot about the fact that we do not like outsourcing. We want 

to bring everything back. 

I think it is so important that we recognize that so many of the 

basics we all start out with, with our phones or whatever, we 

would not be able to utilize them were it not for the guts of them. 

And where do those guts come from? It comes from the ground. 

If we have greater opportunity to take that from the ground here 

and do so in an environmentally responsible way—which as you 

have stated, Mr. Conger, we have higher standards than elsewhere 

around the world—then we should. It seems we do not have a problem taking it from another country where their environmental laws 

may be lax or their work safety or their labor laws are abysmal, 

but we will take the resource because we have to have it. We have 

to have it for our computer technologies. We have to have it for our 

renewable energy projects, and we are just going to turn a blind 

eye to how it came to us. 

I do not think that that is responsible. I do not think that is how 

we should be operating when we have that resource, when we have 

that potential. 

So I think it is incumbent upon us. How are we going to define 

exactly what that potential is? How do we ensure that we not only 

know what is in the ground, but how we use responsibly what we 

then take? For purposes of recycling, how we are smart that way. 

I do think that we have opportunities through our laboratories, 

through DOE, to be doing more to build out these technologies that 

will allow us greater opportunities for recycling, looking to what 

those alternatives are, but I am also very cognizant it is not unlike 

the goal that we have for renewable energy in this country. I, too, 

would like to get us off of fossil fuel, but I know that we just cannot 

flip that switch today and be there. So when we talk about alternatives, we need to recognize that there is a transition here, and 

it is going to be years, decades, in coming. 

So how, in the meantime, we allow for a level of security, energy 

security, is what we should be talking about. 

The discussion this morning, I think, is very, very important in 

moving us in that direction. I think what we are seeing from some 


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of the states is good. We can work to replicate that, but let us push 

ourselves in terms of how we, as a nation, do more for our own energy security initiatives. It is not just when it comes to oil and gas, 

it is also what we utilize with our minerals. 

Know this Committee is going to be working on these initiatives. 

We will rely on you as the experts that you presented yourselves 

here today. 

Dr. Kimball, thank you for your leadership, again, at USGS. We 

have got a lot of work to do here, but you are clearly very knowledgeable in the arena and we look forward to working with you as 

we develop this moving forward. 

With that, we stand adjourned. 

[Whereupon, at 11:43 a.m. the hearing was adjourned.] 


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