I 
116TH CONGRESS 
2D SESSION 
H. R. 7061 
To promote the domestic exploration, research, development, and processing 
of critical minerals to ensure the economic and national security of 
the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 28, 2020 
Mr. WALTZ (for himself, Mr. GOSAR, Mr. BISHOP of Utah, Mr. LUCAS, Mr. 
MCCARTHY, Mr. YOUNG, Mr. WEBER of Texas, Mr. CRAWFORD, Mr. 
MARSHALL, Mr. BUCK, Mr. GONZALEZ of Ohio, Mr. LAMALFA, Mr. 
POSEY, Mr. NEWHOUSE, Mr. BALDERSON, Mr. CURTIS, Mr. BABIN, Mr. 
MCCLINTOCK, Mr. OLSON, Mr. KEVIN HERN of Oklahoma, Mr. NORMAN, 
Mr. STAUBER, Mr. BAIRD, Mr. WESTERMAN, Mr. WITTMAN, Ms. CHE-
NEY, Mrs. LESKO, Mr. STEWART, Mr. JOHNSON of South Dakota, Mr. 
COOK, Mr. GOHMERT, Mr. HICE of Georgia, Mr. EMMER, Mr. AMODEI, 
Mr. FULCHER, Mr. LAMBORN, Mr. CALVERT, and Mr. DUNCAN) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources, and in addition to the Committees on Science, Space, and 
Technology, Small Business, the Judiciary, and Education and Labor, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To promote the domestic exploration, research, development, 
and processing of critical minerals to ensure the eco-
nomic and national security of the United States, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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(B) that exists in sufficient quantities to 
be recovered during processing or refining. 
(2) CRITICAL MINERAL.— 
(A) IN GENERAL.—The term ‘‘critical min-
eral’’ means any mineral, element, substance, or 
material designated as critical by the Secretary 
under section 102. 
(B) 
EXCLUSIONS.—The 
term 
‘‘critical 
mineral’’ does not include— 
(i) oil, natural gas, or any other fossil 
fuels; or 
(ii) water, ice, or snow. 
(3) CRITICAL MINERAL MANUFACTURING.—The 
term ‘‘critical mineral manufacturing’’ means— 
(A) the exploration, development, mining, 
production, processing, refining, alloying, sepa-
ration, concentration, magnetic sintering, melt-
ing, or beneficiation of critical minerals within 
the United States; 
(B) the fabrication, assembly, or produc-
tion using a critical mineral, within the United 
States, of equipment, components, or other 
goods with energy technology-, defense-, agri-
culture-, consumer electronics-, or health care- 
related applications; or 
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(C) any other value-added, manufacturing- 
related use of critical minerals undertaken with-
in the United States. 
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; and 
(G) the United States Virgin Islands. 
(7) LEAD AGENCY.—The term ‘‘lead agency’’ 
means the agency with primary responsibility for 
issuing a mineral exploration or mine permit for a 
project. 
(8) MINERAL
EXPLORATION
OR
MINE
PER-
MIT.—The term ‘‘mineral exploration or mine per-
mit’’ means— 
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(A) an authorization of the Bureau of 
Land Management or the Forest Service, as ap-
plicable, for a premining activity that requires 
analysis under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
(B) a plan of operations issued by— 
(i) the Bureau of Land Management 
under subpart 3809 of part 3800 of title 
43, Code of Federal Regulations (or suc-
cessor regulations); or 
(ii) the Forest Service under subpart 
A of part 228 of title 36, Code of Federal 
Regulations (or successor regulations); or 
(C) a permit for a project located in an 
area described in section 3503.13 of title 43, 
Code of Federal Regulations (or successor regu-
lations). 
(9) PROJECT.—The term ‘‘project’’ means a 
project relating to, or incidental to mineral explo-
ration, mining, beneficiation, processing, or reclama-
tion activities— 
(A) on a mining claim, millsite claim, or 
tunnel site claim for any locatable mineral; or 
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(B) in conjunction with any Federal min-
eral (other than coal and oil shale) that is 
leased under— 
(i) the Mineral Leasing Act for Ac-
quired Lands (30 U.S.C. 351 et seq.); or 
(ii) section 402 of Reorganization 
Plan Numbered 3 of 1946 (5 U.S.C. 
App.). 
TITLE I—CRITICAL MINERAL 
PRODUCTION 
SEC. 101. POLICY. 
(a) SENSE OF CONGRESS.—Congress finds the fol-
lowing: 
(1) The assured supply of critical minerals and 
the resiliency of their supply chains are essential to 
the economic prosperity and national defense of the 
United States. 
(2) The United States is heavily dependent on 
foreign sources of critical minerals and on foreign 
supply chains resulting in the potential for strategic 
vulnerabilities to both the economy and the military. 
(3) As deployment of clean energy technologies 
and emissions control devices increase, the demand 
for critical minerals will grow significantly. 
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(4) The United States is import-reliant for 31 
of the 35 minerals designated as critical by the De-
partment of the Interior and relies completely on im-
ports to supply its demand for 14 of these minerals. 
(5) Over the past two decades China has pro-
duced more than 80 percent of the world’s produc-
tion of rare-earth elements and processed chemicals. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that to break from China’s control on the mineral 
supply chain, the United States should support significant 
research and development activities to drive innovation in 
domestic critical minerals production, promote responsible 
development of critical minerals, and encourage inter-
national collaboration to limit the impact of mineral sup-
ply disruptions. 
(c) IN GENERAL.—Section 3 of the National Mate-
rials and Minerals Policy, Research and Development Act 
of 1980 (30 U.S.C. 1602) is amended— 
(1) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) establish an analytical and forecasting ca-
pability for identifying critical mineral demand, sup-
ply, and other factors to allow informed actions to 
be taken to avoid supply shortages, mitigate price 
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volatility, and prepare for demand growth and other 
market shifts;’’; 
(2) in paragraph (6), by striking ‘‘and’’ at the 
end; and 
(3) by striking paragraph (7) and inserting the 
following: 
‘‘(7) facilitate the availability, development, and 
environmentally responsible production of domestic 
resources to meet national material or critical min-
eral needs; 
‘‘(8) avoid duplication of effort, prevent unnec-
essary paperwork, and minimize delays in the ad-
ministration of applicable laws (including regula-
tions) and the issuance of permits and authoriza-
tions necessary to explore for, develop, and produce 
critical minerals and to construct critical mineral 
manufacturing facilities in accordance with applica-
ble environmental and land management laws; 
‘‘(9) strengthen— 
‘‘(A) educational and research capabilities 
at not lower than the secondary school level; 
and 
‘‘(B) workforce training for exploration 
and development of critical minerals and critical 
mineral manufacturing; 
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‘‘(10) bolster international cooperation through 
technology transfer, information sharing, and other 
means; 
‘‘(11) promote the efficient production, use, and 
recycling of critical minerals; 
‘‘(12) develop alternatives to critical minerals; 
and 
‘‘(13) establish contingencies for the production 
of, or access to, critical minerals for which viable 
sources do not exist within the United States.’’. 
(d) CONFORMING AMENDMENT.—Section 2(b) of the 
National Materials and Minerals Policy, Research and De-
velopment Act of 1980 (30 U.S.C. 1601(b)) is amended 
to read as follows: 
‘‘(b) DEFINITIONS.—In this Act: 
‘‘(1) CRITICAL
MINERAL.—The term ‘critical 
mineral’ has the meaning given such term in section 
2 of the American Critical Mineral Exploration and 
Innovation Act of 2020. 
‘‘(2) MATERIALS.—The term ‘materials’ means 
substances, including minerals, of current or poten-
tial use that will be needed to supply the industrial, 
military, and essential civilian needs of the United 
States in the production of goods or services, includ-
ing those which are primarily imported or for which 
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there is a prospect of shortages or uncertain supply, 
or which present opportunities in terms of new phys-
ical properties, use, recycling, disposal or substi-
tution, with the exclusion of food and of energy fuels 
used as such.’’. 
(e) 
CRITICAL
MINERALS
INTERAGENCY
SUB-
COMMITTEE.— 
(1) IN GENERAL.—The Critical Minerals Sub-
committee of the National Science and Technology 
Council (referred to in this section as ‘‘Sub-
committee’’) shall coordinate Federal science and 
technology efforts to ensure secure and reliable sup-
plies of critical minerals to the United States. 
(2) PURPOSES.—The purposes of the Sub-
committee shall be— 
(A) to advise and assist the Committee on 
Homeland and National Security and the Na-
tional Science and Technology Council on 
United States policies, procedures, and plans as 
it relates to critical minerals, including— 
(i) Federal research, development, and 
deployment efforts to optimize methods for 
extractions, concentration, separation and 
purification of conventional, secondary, 
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and unconventional sources of critical min-
erals; 
(ii) efficient use and reuse of critical 
minerals; 
(iii) the critical minerals workforce of 
the United States; and 
(iv) United States private industry in-
vestments in innovation and technology 
transfer from federally funded science and 
technology; 
(B) to identify emerging opportunities, 
stimulate international cooperation, and foster 
the development of secure and reliable supply 
chains of critical minerals; 
(C) to ensure the transparency of informa-
tion and data related to critical minerals; and 
(D) to provide recommendations on coordi-
nation and collaboration among the research, 
development, and deployment programs and ac-
tivities of Federal agencies to promote a secure 
and reliable supply of critical minerals nec-
essary to maintain national security, economic 
well-being, and industrial production. 
(3) RESPONSIBILITIES.—In carrying out para-
graphs (1) and (2), the Subcommittee may, taking 
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into account the findings and recommendations of 
relevant advisory committees— 
(A) provide recommendations on how Fed-
eral agencies may improve the topographic, geo-
logic, and geophysical mapping of the United 
States and improve the discoverability, accessi-
bility, and usability of the resulting and existing 
data, to the extent permitted by law and subject 
to appropriate limitation for purposes of privacy 
and security; assess the progress towards devel-
oping critical minerals recycling and reprocess-
ing technologies, and technological alternatives 
to critical minerals; 
(B) examine options for accessing and de-
veloping critical minerals through investment 
and trade with our allies and partners and pro-
vide recommendations; 
(C) evaluate and provide recommendations 
to incentivize the development and use of ad-
vances in science and technology in the private 
industry; 
(D) assess the need for and make rec-
ommendations to address the challenges the 
United States critical minerals supply chain 
workforce faces, including aging and retiring 
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personnel and faculty; public perceptions about 
the nature of mining and mineral processing; 
and foreign competition for United States tal-
ent; 
(E) develop, and update as necessary, a 
strategic plan to guide Federal programs and 
activities to enhance scientific and technical ca-
pabilities across critical mineral supply chains, 
including a roadmap that identifies key re-
search and development needs and coordinates 
ongoing activities for source diversification, 
more efficient use, recycling, and substitution 
for critical minerals; as well as cross-cutting 
mining science, data science techniques, mate-
rials science, manufacturing science and engi-
neering, computational modeling, and environ-
mental health and safety research and develop-
ment; and 
(F) report to the appropriate committees 
of Congress on activities and findings under 
this section. 
SEC. 102. CRITICAL MINERAL DESIGNATIONS. 
(a) DRAFT.—The Secretary, acting through the Di-
rector of the United States Geological Survey, shall pub-
lish in the Federal Register for public comment a draft— 
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(1) description of the methodology used to iden-
tify critical minerals; 
(2) list of minerals, elements, substances, and 
materials that qualify as critical minerals; and 
(3) list of critical minerals recoverable as by-
products. 
(b) FINAL.—Not later than 45 days after the date 
on which the public comment period described in para-
graph (1) ends, the Secretary, acting through the Director 
of the United States Geological Survey, shall publish in 
the Federal Register— 
(1) a description of the methodology for deter-
mining which minerals, elements, substances, and 
materials qualify as critical minerals; 
(2) a list of critical minerals; and 
(3) a list of critical minerals recoverable as by-
products. 
(c) CRITERIA.— 
(1) IN
GENERAL.—The Secretary shall des-
ignate a mineral, element, substance, or material as 
a critical mineral for the purposes of this subsection 
if the Secretary determines, in consultation with the 
Secretaries of Defense, Commerce, Agriculture, and 
Energy, and the United States Trade Representative 
that— 
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(A) such mineral, element, substance, or 
material is essential to the economic or national 
security of the United States; 
(B) the supply chain of such mineral, ele-
ment, substance, or material is vulnerable to 
disruption (including restrictions associated 
with foreign political risk, abrupt demand 
growth, military conflict, violent unrest, anti- 
competitive or protectionist behaviors, and other 
risks throughout the supply chain); and 
(C) such mineral, element, substance, or 
material serves an essential function in the 
manufacturing of a product (including energy 
technology-, defense-, currency-, agriculture-, 
consumer electronics-, and health care-related 
applications), the absence of which would have 
significant consequences for the economic or na-
tional security of the United States. 
(2) DETERMINATION BY ANOTHER AGENCY.— 
The Secretary may designate a mineral, element, 
substance, or material determined by another Fed-
eral agency to be strategic and critical to the defense 
or national security of the United States. 
(d) SUBSEQUENT REVIEW.—The Secretary, in con-
sultation with the Secretaries of Defense, Commerce, Ag-
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riculture, and Energy and the United States Trade Rep-
resentative, shall review the methodology and list under 
subsection (b) not less frequently than every 3 years and 
may revise such determinations as the Secretary, in con-
sultation with Secretaries of Defense, Commerce, Agri-
culture, and Energy and the United States Trade Rep-
resentative, determines appropriate. 
(e) QUANTITATIVE DATA.—The Secretary, in making 
a determination under this subsection, shall to the extent 
possible, use quantitative methods to make such deter-
mination. 
(f) NOTICE.—On finalization of the methodology and 
the list under subsection (b), or any revision to the meth-
odology or list under subsection (d), the Secretary shall 
submit to Congress written notice of the action. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary 
$1,000,000 for each of fiscal years 2021 through 2030 
to carry out this section. 
SEC. 103. RESOURCE ASSESSMENT. 
(a) IN GENERAL.—Not later than 4 years after the 
date of enactment of this Act, in consultation with applica-
ble States, State geological surveys, local governments and 
academic, industry, and other entities, the Secretary shall 
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complete a comprehensive national resource assessment of 
each critical mineral that— 
(1) identifies and quantifies known critical min-
eral resources, using all available public and private 
information and datasets, including exploration his-
tories; and 
(2) provides a quantitative and qualitative as-
sessment of undiscovered critical mineral resources 
throughout the United States, including probability 
estimates of tonnage and grade, using all available 
public and private information and datasets, includ-
ing exploration histories. 
(b) SUPPLEMENTARY INFORMATION.—In carrying 
out this section, the Secretary shall carry out surveys and 
field work (including drilling, remote sensing, geophysical 
surveys, topographical and geological mapping, and geo-
chemical sampling and analysis) to supplement existing in-
formation and datasets available for determining the exist-
ence of critical minerals in the United States. 
(c) PUBLIC ACCESS.—Subject to applicable law, to 
the maximum extent practicable, the Secretary shall make 
all data and metadata collected from the comprehensive 
national assessment carried out under subsection (a) pub-
licly and electronically accessible. 
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(d) TECHNICAL ASSISTANCE.—At the request of the 
Governor of a State or the head of an Indian tribe, the 
Secretary may provide technical assistance to State gov-
ernments and Indian tribes conducting critical mineral re-
source assessments on non-Federal land. 
(e) PRIORITIZATION.— 
(1) IN GENERAL.—The Secretary may sequence 
the completion of resource assessments for each crit-
ical mineral such that critical minerals considered to 
be most critical under the methodology established 
under section 102 are completed first. 
(2) INTERIM REPORTS.—During the period be-
ginning not later than 1 year after the date of enact-
ment of this Act and ending on the date of comple-
tion of all of the assessments required under this 
section, the Secretary shall submit to Congress on 
an annual basis an interim report that— 
(A) identifies the sequence and schedule 
for completion of the assessments if the Sec-
retary sequences the assessments; or 
(B) describes the progress of the assess-
ments if the Secretary does not sequence the 
assessments. 
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(f) UPDATES.—The Secretary may periodically up-
date the assessments conducted under this section based 
on— 
(1) the generation of new information or 
datasets by the Federal Government; or 
(2) the receipt of new information or datasets 
from critical mineral producers, State geological sur-
veys, academic institutions, trade associations, or 
other persons. 
(g) ADDITIONAL SURVEYS.—The Secretary shall 
complete a resource assessment for each additional min-
eral, element, substance, or material subsequently des-
ignated as a critical mineral under section 102 not later 
than 2 years after such designation. 
(h) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report describing the status of geological sur-
veying of Federal land for any mineral, element, sub-
stance, or material commodity— 
(1) for which the United States was dependent 
on a foreign country for more than 25 percent of the 
United States supply, as depicted in the report 
issued by the United States Geological Survey enti-
tled ‘‘Mineral Commodity Summaries 2020’’; but 
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(2) that is not designated as a critical mineral 
under section 102. 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary 
$50,000,000 for each of fiscal years 2021 through 2030 
to carry out this section. 
SEC. 104. PERMITTING. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) critical minerals are fundamental to the 
economy, competitiveness, and security of the United 
States; 
(2) to the maximum extent practicable, the crit-
ical mineral needs of the United States should be 
satisfied by minerals, elements, substances, and ma-
terials responsibly produced and recycled in the 
United States; and 
(3) the Federal permitting process has been 
identified as an impediment to mineral production 
and the mineral security of the United States. 
(b) COORDINATION ON PERMITTING PROCESS.— 
(1) IN GENERAL.—To improve the quality and 
timeliness of decisions, the lead agency shall, to the 
maximum extent practicable, with respect to a 
project on Federal land described in paragraph (2), 
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complete Federal permitting and review processes 
with maximum efficiency and effectiveness, while 
supporting vital economic growth, by— 
(A) establishing and adhering to timelines 
and schedules for the consideration of, and final 
decisions regarding, applications, operating 
plans, leases, licenses, permits, and other use 
authorizations for mineral-related activities on 
Federal land; 
(B) establishing clear, quantifiable, and 
temporal permitting performance goals and 
tracking progress against those goals; 
(C) engaging in early collaboration among 
agencies, project sponsors, and affected stake-
holders— 
(i) to incorporate and address the in-
terests of those parties; and 
(ii) to minimize delays; 
(D) ensuring transparency and account-
ability by using cost-effective information tech-
nology to collect and disseminate information 
regarding individual projects and agency per-
formance; 
(E) engaging in early and active consulta-
tion with State, local, and Indian Tribal govern-
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ments to avoid conflicts or duplication of effort, 
resolve concerns, and allow for concurrent, 
rather than sequential, State, local, Tribal, and 
Federal environmental and regulatory reviews; 
(F) providing demonstrable improvements 
in the performance of Federal permitting and 
review processes, including lower costs and 
more timely decisions; 
(G) expanding and institutionalizing per-
mitting and review process improvements that 
have proven effective; 
(H) developing mechanisms to better com-
municate priorities and resolve disputes among 
agencies at the national, regional, State, and 
local levels; and 
(I) developing other practices to improve 
regulatory processes, such as preapplication 
procedures. 
(2) PROJECTS
DESCRIBED.—A project is de-
scribed by this paragraph if such project is— 
(A) a project to produce a critical mineral, 
including as a byproduct or from tailing; 
(B) an exploration project with respect to 
which the presence of a byproduct is a reason-
able expectation, based on known mineral 
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companionality, geologic formation, mineralogy, 
or other factors; or 
(C) a project that demonstrates that the 
byproduct is of sufficient grade that, if com-
bined with the production of a host mineral, is 
economical to recover, as determined by the ap-
plicable Secretary. 
(3) CONSIDERATIONS.—In carrying out para-
graph (1), the lead agency shall consider deferring 
to, and relying on, baseline data, analyses, and re-
views performed by State agencies with jurisdiction 
over the proposed project. 
(4) MEMORANDUM OF AGREEMENT.—The lead 
agency with respect to a critical mineral project, in 
consultation with any other Federal agency with ju-
risdiction over such project, may establish a memo-
randum of agreement with the project sponsor, State 
and local governments, and other entities such lead 
agency determines appropriate to carry out the ac-
tivities described in this subsection. 
(5) TIME LIMIT FOR PERMITTING PROCESS.— 
Notwithstanding any other provision of law, and ex-
cept with agreement of the project sponsor, the total 
period for all necessary Federal reviews and permit 
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consideration for a project reasonably expected to 
produce critical minerals may not exceed 30 months. 
(c) DETERMINATION UNDER NATIONAL ENVIRON-
MENTAL POLICY ACT.— 
(1) IN GENERAL.—To the extent that the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) applies to the issuance of any mineral 
exploration or mine permit, the lead agency may 
deem the requirements of such Act satisfied if the 
lead agency determines that a State or Federal 
agency acting under State or Federal law has ad-
dressed the following factors: 
(A) The environmental impact of the ac-
tion to be conducted under the permit. 
(B) Possible adverse environmental effects 
of actions under the permit. 
(C) Possible alternatives to issuance of the 
permit. 
(D) The relationship between long- and 
short-term uses of the local environment and 
the maintenance and enhancement of long-term 
productivity. 
(E) Any irreversible and irretrievable com-
mitment of resources that would be involved in 
the proposed action. 
VerDate Sep 11 2014 
19:59 Jun 19, 2020
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