I 
117TH CONGRESS 
2D SESSION 
H. R. 8981 
To streamline hardrock mine permitting on Federal lands, support techno-
logical and scientific advancements for mineral development, expand the 
mining workforce, track global supply chains, strengthen domestic refin-
ing and processing capacity, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2022 
Mr. WESTERMAN (for himself, Mrs. RODGERS of Washington, Mr. UPTON, 
Mr. LATTA, Mr. CALVERT, and Mr. STAUBER) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
addition to the Committees on Agriculture, Foreign Affairs, Energy and 
Commerce, Appropriations, and Science, Space, and Technology, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To streamline hardrock mine permitting on Federal lands, 
support technological and scientific advancements for 
mineral development, expand the mining workforce, track 
global supply chains, strengthen domestic refining and 
processing capacity, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securing America’s 
Mineral Supply Chains Act of 2022’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—PERMITTING 
Sec. 101. Definitions. 
Sec. 102. Minerals supply chain and reliability. 
Sec. 103. Limitation on judicial review. 
Sec. 104. Federal Register process improvement. 
Sec. 105. Treatment of actions under Presidential Determination 202–11 for 
Federal permitting improvement purposes. 
Sec. 106. Mineral exploration activities with limited surface disturbance. 
Sec. 107. Use of mining claims for ancillary activities. 
TITLE II—LAND USE PLANNING FOR MINERAL DEVELOPMENT 
Sec. 201. Resource assessment and study required for withdrawal. 
Sec. 202. Congressional approval. 
TITLE III—TECHNOLOGICAL INNOVATION 
Sec. 301. Mineral resource and technology grants. 
Sec. 302. Carbon sequestration using mineralization. 
Sec. 303. Rare earth elements and critical minerals processing technologies. 
TITLE IV—MINING WORKFORCE DEVELOPMENT 
Sec. 401. Technology grants to strengthen domestic mining education. 
Sec. 402. Authorization of the mineral resources assessment training program. 
TITLE V—MINERAL SUPPLY CHAIN SECURITY 
Sec. 501. Ensuring consideration of uranium as a critical mineral. 
Sec. 502. Report on investments of the Russian Federation and the People’s 
Republic of China in foreign mining and processing industries. 
Sec. 503. Report on mineral exploration and development in Afghanistan. 
Sec. 504. Annual review of critical mineral designations. 
TITLE VI—CRITICAL ENERGY RESOURCES 
Sec. 601. Waiver for national security or energy security. 
Sec. 602. Chemical substance review. 
Sec. 603. Interim hazardous waste permits. 
Sec. 604. Flexible air permits for critical energy resource facilities. 
Sec. 605. Amendment to the Department of Energy Organization Act. 
Sec. 606. Securing critical energy resource supply chains. 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
(F) the Commonwealth of the Northern 
Mariana Islands; and 
(G) the United States Virgin Islands. 
(6) LEAD AGENCY.—The term ‘‘lead agency’’ 
means the agency with primary responsibility for 
issuing a mineral exploration or mine permit for a 
project. 
SEC. 102. MINERALS SUPPLY CHAIN AND RELIABILITY. 
Section 40206 of the Infrastructure Investment and 
Jobs Act (30 U.S.C. 1607) is amended— 
(1) in the section heading, by striking ‘‘Critical 
minerals’’ and inserting ‘‘Minerals’’; 
(2) in subsection (a)— 
(A) in the heading by striking ‘‘DEFINI-
TION
OF CRITICAL MINERAL’’ and inserting 
‘‘DEFINITIONS’’; 
(B) by striking ‘‘section,’’ and inserting 
‘‘section:’’; 
(C) by striking ‘‘the term ‘critical mineral’ 
has the meaning given the term in section 
7002(a) of the Energy Act of 2020 (30 U.S.C. 
1606(a))’’ and inserting the following: 
‘‘(1) MINERAL.—The term ‘mineral’ means any 
mineral of a kind that is locatable (including such 
minerals located on lands acquired by the United 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
States, as such term is defined in section 102 of the 
Mineral Leasing Act for Acquired Lands) under the 
Act of May 10, 1872 (Chapter 152; 17 Stat. 91).’’; 
and 
(D) by adding at the end the following: 
‘‘(2) MINERAL
EXPLORATION
OR
MINE
PER-
MIT.—The term ‘mineral exploration or mine permit’ 
means— 
‘‘(A) an authorization of the Bureau of 
Land Management or the Forest Service, as ap-
plicable, for exploration for minerals that re-
quires analysis under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.); 
‘‘(B) a plan of operations for a mineral 
project approved by the Bureau of Land Man-
agement or the Forest Service; or 
‘‘(C) any other permit or authorization for 
a mineral project. 
‘‘(3) MINERAL
PROJECT.—The term ‘mineral 
project’ means a project— 
‘‘(A) located on— 
‘‘(i) a mining claim, millsite claim, or 
tunnel site claim for any mineral; 
‘‘(ii) lands open to mineral entry; or 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
‘‘(iii) a Federal mineral lease; and 
‘‘(B) for the purposes of exploring for or 
producing minerals. 
‘‘(4) LEAD AGENCY.—The term ‘lead agency’ 
means the Federal agency with primary responsi-
bility for issuing a mineral exploration or mine per-
mit for a mineral project.’’; 
(3) in subsection (b), by striking ‘‘critical’’ each 
place it appears; 
(4) in subsection (c)— 
(A) by striking ‘‘critical mineral production 
on Federal land’’ and inserting ‘‘mineral 
projects’’; 
(B) by inserting ‘‘, and in accordance with 
subsection (h)’’ after ‘‘to the maximum extent 
practicable’’; 
(C) by striking ‘‘shall complete the’’ and 
inserting ‘‘shall complete such’’; 
(D) in paragraph (1), by striking ‘‘critical 
mineral-related activities on Federal land’’ and 
inserting ‘‘mineral projects’’; 
(E) in paragraph (8), by striking the 
‘‘and’’ at the end; 
(F) in paragraph (9), by striking ‘‘proce-
dures.’’ and inserting ‘‘procedures; and’’; and 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
(G) by adding at the end the following: 
‘‘(10) deferring to and relying on baseline data, 
analyses, and reviews performed by State agencies 
with jurisdiction over the environmental or reclama-
tion permits for the proposed mineral project.’’; 
(5) in subsection (d)— 
(A) by striking ‘‘critical’’ each place it ap-
pears; and 
(B) in paragraph (3), by striking ‘‘mineral- 
related activities on Federal land’’ and inserting 
‘‘mineral projects’’; 
(6) in subsection (e), by striking ‘‘critical’’; 
(7) in subsection (f), by striking ‘‘critical’’ each 
place it appears; 
(8) in subsection (g), by striking ‘‘critical’’ each 
place it appears; and 
(9) by adding at the end the following: 
‘‘(h) OTHER REQUIREMENTS.— 
‘‘(1) MEMORANDUM OF AGREEMENT.—For pur-
poses of maximizing efficiency and effectiveness of 
the Federal permitting and review processes de-
scribed under subsection (c), the lead agency in the 
Federal permitting and review processes of a min-
eral project shall (in consultation with any other 
Federal agency involved in such Federal permitting 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
and review processes, and upon request of the 
project applicant, an affected State government, 
local government, or an Indian Tribe, or other entity 
such lead agency determines appropriate) enter into 
a memorandum of agreement to carry out the activi-
ties described in subsection (c). 
‘‘(2) TIMELINES
AND
SCHEDULES
FOR
NEPA 
REVIEWS.— 
‘‘(A) 
DEADLINES.—Any 
timelines 
or 
schedules established under subsection (c)(1) 
relating to a review under section 102(2)(C) of 
the National Environmental Policy Act of 1969 
shall require that the review process not ex-
ceed— 
‘‘(i) 18 months for an environmental 
assessment; and 
‘‘(ii) 24 months for an environmental 
impact statement. 
‘‘(B) EXTENSION.—A project applicant 
may enter into 1 or more agreements with a 
lead agency to extend the deadlines described in 
clauses (i) and (ii) of subparagraph (A) by, 
with respect to each such agreement, not more 
than 6 months. 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
‘‘(C) ADJUSTMENT OF TIMELINES.—At the 
request of a project applicant, the lead agency 
and any other entity which is a signatory to a 
memorandum of agreement under paragraph 
(1) may, by unanimous agreement, adjust— 
‘‘(i) any deadlines described in sub-
paragraph (A); and 
‘‘(ii) any deadlines extended under 
subparagraph (B). 
‘‘(3) EFFECT
ON
PENDING
APPLICATIONS.— 
Upon a written request by a project applicant, the 
requirements of this subsection shall apply to any 
application for a mineral exploration or mine permit 
that was submitted before the date of enactment of 
the Securing America’s Mineral Supply Chains Act 
of 2022.’’. 
SEC. 103. LIMITATION ON JUDICIAL REVIEW. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a claim arising under Federal law seeking ju-
dicial review of a permit, license, or approval issued by 
a Federal lead agency for a mining project shall be barred 
unless it is filed not later than 1 year after the permit, 
license, or approval is final pursuant to the law under 
which the agency action is taken, unless a shorter time 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
is specified in the Federal law pursuant to which judicial 
review is allowed. 
(b) SAVINGS CLAUSE.—Nothing in this section shall 
create a right to judicial review or place any limit on filing 
a claim that a person has violated the terms of a permit, 
license, or approval. 
SEC. 104. FEDERAL REGISTER PROCESS IMPROVEMENT. 
Section 7002(f) of the Energy Act of 2020 (30 
U.S.C. 1606(f)) is amended— 
(1) in paragraph (2), by striking ‘‘critical’’ both 
places such term appears; and 
(2) by striking paragraph (4). 
SEC. 105. TREATMENT OF ACTIONS UNDER PRESIDENTIAL 
DETERMINATION 2022–11 FOR FEDERAL PER-
MITTING IMPROVEMENT PURPOSES. 
(a) IN GENERAL.—Except as provided by subsection 
(c), an action described in subsection (b) shall be— 
(1) treated as a covered project, as defined in 
section 41001(6) of the Fixing America’s Surface 
Transportation Act (42 U.S.C. 4370m(6)), without 
regard to the requirements of that section; and 
(2) included in the Permitting Dashboard main-
tained pursuant to section 41003(b) of that Act (42 
13 U.S.C. 4370m–2(b)). 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
(b) ACTIONS DESCRIBED.—An action described in 
this subsection is an action taken by the Secretary of De-
fense pursuant to Presidential Determination 2022–11 
(87 Fed. Reg. 19775; relating to certain actions under 
section 303 of the Defense Production Act of 1950) to 
create, maintain, protect, expand, or restore sustainable 
and 
responsible 
domestic 
production 
capabilities 
through— 
(1) supporting feasibility studies for mature 
mining, beneficiation, and value-added processing 
projects; 
(2) by-product and co-product production at ex-
isting mining, mine waste reclamation, and other in-
dustrial facilities; 
(3) modernization of mining, beneficiation, and 
value-added processing to increase productivity, envi-
ronmental sustainability, and workforce safety; or 
(4) any other activity authorized under section 
14 303(a)(1) of the Defense Production Act of 1950 
15 (50 U.S.C. 4533(a)(1)). 
(c) EXCEPTION.—An action described in subsection 
(b) may not be treated as a covered project or be included 
in the Permitting Dashboard under subsection (a) if the 
project sponsor (as defined in section 41001(18) of the 
Fixing America’s Surface Transportation Act (42 U.S.C. 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
21 4370m(18))) requests that the action not be treated 
as a covered project. 
SEC. 106. MINERAL EXPLORATION ACTIVITIES WITH LIM-
ITED SURFACE DISTURBANCE. 
Notwithstanding any other provision of law, the Sec-
retary, with respect to lands administered by the Sec-
retary, and the Secretary of Agriculture with respect to 
National Forest System lands, shall allow mineral explo-
ration activities other than casual use to proceed after re-
ceiving a notice in such time, place, and manner as the 
applicable Secretary determines appropriate, describing 
the exploration activities and subsequent reclamation ac-
tivities if— 
(1) the surface disturbance on Federal land will 
not exceed 5 acres; 
(2) the Secretary determines that the notice is 
complete; and 
(3) the exploration activities are not on Federal 
land that has been previously reclaimed. 
SEC. 107. USE OF MINING CLAIMS FOR ANCILLARY ACTIVI-
TIES. 
Section 10101 of the Omnibus Budget Reconciliation 
Act of 1993 (30 U.S.C. 28f) is amended by adding at the 
end the following: 
‘‘(e) SECURITY OF TENURE.— 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
‘‘(1) IN GENERAL.—A claimant shall have the 
right to use and occupy public land, before and after 
the discovery of a valuable mineral deposit, in order 
to prospect, mine, conduct processing operations, or 
carry out other activities reasonably incident to such 
activities if— 
‘‘(A) such claimant makes a timely pay-
ment of the location fee required by section 
10102(g) and the claim maintenance fee re-
quired by subsection (a); or 
‘‘(B) in the case of a claimant who quali-
fies for a waiver under subsection (d), such 
claimant makes a timely payment of the loca-
tion fee and complies with the required assess-
ment work under the general mining laws. 
‘‘(2) FULFILLMENT OF FEDERAL LAND POLICY 
AND
MANAGEMENT
ACT.—A claimant that fulfills 
the requirements of this section and section 
10102(g) shall be deemed to satisfy the require-
ments of any provision of the Federal Land Policy 
and Management Act that requires the payment of 
fair market value to the United States for use of 
public lands and resources relating to use of such 
lands and resources authorized by the general min-
ing laws. 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
‘‘(3) SAVINGS CLAUSE.—Nothing in this sub-
section may be construed to diminish— 
‘‘(A) the rights of entry, use, and occu-
pancy of a claimant under the general mining 
laws; or 
‘‘(B) the rights of a claimant under the 
general mining laws.’’. 
TITLE II—LAND USE PLANNING 
FOR MINERAL DEVELOPMENT 
SEC. 201. RESOURCE ASSESSMENT AND STUDY REQUIRED 
FOR WITHDRAWAL. 
(a) RESOURCE ASSESSMENTS REQUIRED.—Federal 
lands and waters may not be withdrawn from entry under 
the mining laws or operation of the mineral leasing and 
mineral materials laws unless— 
(1) a quantitative and qualitative geophysical 
and geological mineral resource assessment of the 
impacted area has been completed during the 10- 
year period ending on the date of such withdrawal 
or has been certified as current by the Director of 
the United States Geological Survey; or 
(2) United States Geological Survey, in con-
sultation with the Department of Defense, Depart-
ment of State, and the United States Trade Rep-
resentative, conducts a mineral assessment to ensure 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS
that the minerals to be withdrawn by a proposed 
withdrawal does not impede the ability of the United 
States or its allies to procure a secure supply chain 
of mineral resources, and in turn, result in negative 
impacts on— 
(A) the economic or national security of 
the United States or an ally of the United 
States; 
(B) the ability of the United States to en-
sure an appropriate balance of trade; or 
(C) the ability of the United States to ac-
cess mineral resources certified as responsibly 
sourced and not acquired through the use of 
child or slave labor. 
(b) NEW INFORMATION.—If a resource assessment 
completed by the Director of the United States Geological 
Survey shows that a previously undiscovered deposit is 
likely present in an area that has been withdrawn from 
entry under the mining laws or operation of the mineral 
leasing and mineral materials laws pursuant to— 
(1) section 204 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1714), the 
Secretary shall update the existing Resource Man-
agement Plan for such area; or 
VerDate Sep 11 2014 
00:43 Oct 06, 2022
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H8981.IH
H8981
kjohnson on DSK79L0C42PROD with BILLS