Securing America’s Mineral Supply Chains Act of 2022
Bill: H.R.8981 | Sponsor: Rep. Westerman, Bruce (R-AR)
Policy area: Energy

Summary:
Securing America's Mineral Supply Chains Act of 2022
This bill addresses various matters related to mineral resources and ensuring adequate supply chains for them, with a particular focus on minerals that are critical to the U.S. economy and national security and critical energy resources. For example, the 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 Representatives of the 
United States of America in Congress assembled,

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.
Sec. 607. Programs to restore domestic uranium supply services.
Sec. 608. Definitions.

                          TITLE I--PERMITTING

SEC. 101. DEFINITIONS.

    In this Act:
            (1) Byproduct.--The term ``byproduct'' has the meaning 
        given such term in section 7002(a) of the Energy Act of 2020 
        (30 U.S.C. 1606(a)).
            (2) Critical mineral.--The term ``critical mineral'' has 
        the meaning given such term in section 7002(a) of the Energy 
        Act of 2020 (30 U.S.C. 1606(a)).
            (3) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (4) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of the Interior.
            (5) 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.
            (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 ``Definition 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 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 permit.--The term 
        `mineral exploration or mine permit' means--
                    ``(A) an authorization of the Bureau of Land 
                Management or the Forest Service, as applicable, for 
                exploration for minerals that requires analysis under 
                the National Environmental 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 Management 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
                            ``(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 responsibility for issuing a 
        mineral exploration or mine permit 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 ``procedures.'' 
                and inserting ``procedures; and''; and
                    (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 reclamation permits for the proposed 
        mineral project.'';
            (5) in subsection (d)--
                    (A) by striking ``critical'' each place it appears; 
                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 purposes of maximizing 
        efficiency and effectiveness of the Federal permitting and 
        review processes described under subsection (c), the lead 
        agency in the Federal permitting and review processes of a 
        mineral project shall (in consultation with any other Federal 
        agency involved in such Federal permitting 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 
        activities 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 exceed--
                            ``(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.
                    ``(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 
                        subparagraph (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 provision of law, a 
claim arising under Federal law seeking judicial 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 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 PERMITTING 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 maintained 
        pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
        2(b)).
    (b) Actions Described.--An action described in this subsection is 
an action taken by the Secretary of Defense 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 existing 
        mining, mine waste reclamation, and other industrial 
        facilities;
            (3) modernization of mining, beneficiation, and value-added 
        processing to increase productivity, environmental 
        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. 
21 4370m(18))) requests that the action not be treated as a covered 
project.

SEC. 106. MINERAL EXPLORATION ACTIVITIES WITH LIMITED SURFACE 
              DISTURBANCE.

    Notwithstanding any other provision of law, the Secretary, with 
respect to lands administered by the Secretary, and the Secretary of 
Agriculture with respect to National Forest System lands, shall allow 
mineral exploration activities other than casual use to proceed after 
receiving a notice in such time, place, and manner as the applicable 
Secretary determines appropriate, describing the exploration activities 
and subsequent reclamation activities 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 ACTIVITIES.

    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.--
            ``(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 payment of the 
                location fee required by section 10102(g) and the claim 
                maintenance fee required by subsection (a); or
                    ``(B) in the case of a claimant who qualifies for a 
                waiver under subsection (d), such claimant makes a 
                timely payment of the location fee and complies with 
                the required assessment 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 
        requirements 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 mining laws.
            ``(3) Savings clause.--Nothing in this subsection may be 
        construed to diminish--
                    ``(A) the rights of entry, use, and occupancy 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 consultation with 
        the Department of Defense, Department of State, and the United 
        States Trade Representative, conducts a mineral assessment to 
        ensure 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 ensure an 
                appropriate balance of trade; or
                    (C) the ability of the United States to access 
                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 Management Plan for such area; or
            (2) chapter 3203 of title 54, United States Code, the 
        Secretary shall provide recommendations to the President on 
        appropriate measures to reduce unnecessary impacts that the 
        withdrawal may have on critical mineral exploration, 
        development, and other mining activities.
    (c) Resource Management Plans.--Before a resource management plan 
under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) is updated or completed, the Secretary or Secretary of 
Agriculture, as applicable, shall, in consultation with the Director of 
the United States Geological Survey--
            (1) review a quantitative and qualitative mineral resource 
        assessment that was completed or updated during the 10-year 
        period ending on the date the resource management plan is 
        updated or completed or is certified as current by the Director 
        of the United States Geological Survey for the geographic area 
        affected by the resource management plan; and
            (2) in consultation with the Departments of Commerce and 
        Defense, consider the economic, strategic and national security 
        value of mineral deposits in the impacted geographic area 
        affected by the resource management plan.
    (d) Previously Undiscovered Deposit.--In this section, the term 
``previously undiscovered deposit'' means a deposit that has been 
previously evaluated by the United States Geological Survey and found 
to be of low mineral potential but upon subsequent evaluation is 
determined to have recoverable quantities of a critical mineral.

SEC. 202. CONGRESSIONAL APPROVAL.

    (a) Moratoria.--The Secretary may not declare a moratorium on 
issuing leases, claims, or permits on Federal lands, including on the 
Outer Continental Shelf, for the mining of critical minerals, or 
related activities.
    (b) Limitation.--Notwithstanding any other provision of law, the 
Secretary and the Secretary of Agriculture may not withdraw Federal 
lands and waters from entry under the mining laws or operation of the 
mineral leasing and mineral materials laws for the mining of critical 
minerals and any mineral commodity from which a byproduct of production 
is a critical mineral if such withdrawal--
            (1) exceeds 5,000 acres in a single withdrawal; or
            (2) is of a parcel the exterior boundary of which is less 
        than 50 miles away from the exterior boundary of another parcel 
        that was withdrawn during the 1-year period ending on the date 
        of withdrawal of the parcel at issue.
    (c) Prohibition on Rescission of Leases, Permits, or Claims.--The 
President or Secretary, or Secretary of Agriculture as applicable, may 
not rescind any existing lease, permit, or claim on the mining and 
extraction of any critical mineral or common varieties of sand, stone, 
and gravel on National Forest System or Bureau of Land Management land 
unless specifically authorized by an Act of Congress, or upon the 
lessee, permittee, or claimant's failure to comply with any of the 
provisions of its agreement.

                  TITLE III--TECHNOLOGICAL INNOVATION

SEC. 301. MINERAL RESOURCE AND TECHNOLOGY GRANTS.

    (a) In General.--The Director of the United States Geological 
Survey shall establish a competitive grant program to provide grants to 
eligible entities to conduct studies, research, and demonstration 
projects relating to the production of critical minerals, including--
            (1) the geologic setting and genesis of United States 
        mineral resources in a global context, in order to ensure a 
        sustainable supply of minerals for the Nation's future;
            (2) mineral deposits, mineralizing processes, and 
        identifying undiscovered resources, provide objective 
        information and analysis related to minerals issues to support 
        national security, land use, resource policy, and environmental 
        or public health and safety decision makers;
            (3) collect, compile, analyze, and disseminate data and 
        develop and maintain national and international databases for 
        timely release of information to users;
            (4) apply mineral-resource expertise and technologies to 
        non-mineral-resource issues; or
            (5) studies of mining, mineral extraction, processing and 
        reclamation technologies.
    (b) Eligible Entities.--For the purposes of this section, the term 
``eligible entities'' means--
            (1) universities, including mining schools;
            (2) State agencies, including State geological surveys; and
            (3) private sector organizations with the ability to carry 
        out the purposes identified in this section that partner with 
        State agencies or universities, including mining schools.

SEC. 302. CARBON SEQUESTRATION USING MINERALIZATION.

    (a) National Resource Assessment for Carbon Mineralization.--Not 
later than 1 year after the date of enactment of this section, the 
Director of the United States Geological Survey, in consultation with 
the Director of the Bureau of Land Management, the State geological 
surveys, and the Secretary of Energy, shall conduct a national resource 
assessment of high potential areas for carbon mineralization, both in 
situ and ex situ, including but not limited to utilization of mine 
tailings.
    (b) Pilot Project.--The Director of the United States Geological 
Survey, in consultation with the Director of the Bureau of Land 
Management and applicable State geological surveys, shall conduct a 
pilot project through the Mineral Resources Assessment Training 
program, established under section 402, for the following purposes:
            (1) Identification of new areas of high carbon 
        mineralization potential in the United States, both in situ and 
        ex situ.
            (2) Further analysis of areas previously identified by the 
        United States Geological Survey, State geological surveys, or 
        other data science agencies as high potential areas for carbon 
        mineralization in the United States.
            (3) To the extent practicable, evaluation of the economic 
        viability of carbon mineralization efforts in identified areas.
    (c) Database.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Director of the United States 
        Geological Survey, in consultation with applicable State and 
        Federal data science and land management agencies, shall 
        establish a national database of high potential areas for in 
        situ and ex situ carbon mineralization in the United States.
            (2) Integration of data.--The database established in this 
        subsection shall integrate data or other analysis collected 
        through the activities required by subsections (a) and (b).
    (d) Savings Clause.--Nothing in this section shall be construed as 
requiring prioritization of the use of mine tailing for carbon 
mineralization compared to the use of mine tailings for any other 
purpose.

SEC. 303. RARE EARTH ELEMENTS AND CRITICAL MINERALS PROCESSING 
              TECHNOLOGIES.

    (a) Research Program for the Recovery of Critical Minerals From 
Various Forms of Mine Waste and Metallurgical Activities.--The 
Secretary of Energy, in consultation with the Secretary, acting through 
the Office of Surface Mining Reclamation and Enforcement Applied 
Science Program, shall carry out a grant program--
            (1) to research, develop, and assess advanced processing 
        technologies and techniques for the extraction, recovery, and 
        reduction of critical minerals, including rare earth elements, 
        from various forms of mine waste and metallurgical activities, 
        including mine waste piles, abandoned mine land sites, acid 
        mine drainage sludge, byproducts produced through legacy mining 
        and metallurgy activities, or oil shale; and
            (2) to determine if there are, and mitigate if present, any 
        potential environmental impacts that could arise from the 
        recovery of critical minerals from these resources.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Energy, in consultation with the Secretary, 
shall submit to the Committee on Energy and Natural Resources of the 
Senate and the Committee on Natural Resources, the Committee on 
Science, Space, and Technology, and the Committee on Energy and 
Commerce of the House of Representatives a report evaluating the 
research and development of advanced processing technologies for the 
extraction, recovery, and reduction of critical minerals, including 
rare earth elements, from mine waste piles, acid mine drainage sludge, 
byproducts produced through legacy mining and metallurgy activities, or 
oil shale.

                 TITLE IV--MINING WORKFORCE DEVELOPMENT

SEC. 401. TECHNOLOGY GRANTS TO STRENGTHEN DOMESTIC MINING EDUCATION.

    (a) Definitions.--In this section:
            (1) Board.--The term ``Board'' means the Mining 
        Professional Development Advisory Board established by 
        subsection (d)(1).
            (2) Mining industry.--The term ``mining industry'' means 
        the mining industry of the United States, consisting of the 
        search for, extraction, beneficiation, refining, smelting, and 
        processing of, naturally occurring metal and nonmetal minerals 
        from the earth.
            (3) Mining profession.--The term ``mining profession'' 
        means the body of jobs directly relevant to--
                    (A) the exploration, planning, execution, and 
                remediation of metal and nonmetal mining sites; and
                    (B) the extraction, including the separation, 
                refining, alloying, smelting, concentration, and 
                processing, of mineral ores.
            (4) Mining school.--The term ``mining school'' means--
                    (A) a mining, metallurgical, geological, or mineral 
                engineering program accredited by the Accreditation 
                Board for Engineering and Technology, Inc., that is 
                located at an institution of higher education (as 
                defined in section 101 of the Higher Education Act of 
                1965 (20 U.S.C. 1001)); or
                    (B) a geology or engineering program or department 
                that is located at a 4-year public institution of 
                higher education (as so defined) located in a qualified 
                State.
            (5) Qualified state.--The term ``qualified State'' means a 
        State that, in the 5 years preceding the date of an application 
        for a grant under this section, averaged not less than 
        $2,000,000,000 in the combined categories of ``Mining (except 
        oil and gas)'' and ``Support activities for mining'', according 
        to the Bureau of Economic Analysis.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Domestic Mining Education Strengthening Program.--The Secretary 
shall establish a program to strengthen domestic mining education under 
which the Secretary shall award competitive grants to mining schools 
for the purposes described in paragraph (4).
    (c) Grants.--
            (1) In general.--In carrying out the grant program 
        established under subsection (b), the Secretary shall award not 
        more than 10 grants each year to mining schools.
            (2) Selection requirements.--
                    (A) In general.--To the maximum extent practicable, 
                the Secretary shall select recipients for grants under 
                paragraph (1) to ensure geographic diversity among 
                grant recipients to ensure that region-specific 
                specialties are developed for region-specific geology.
                    (B) Timeline.--
                            (i) In general.--The Secretary shall award 
                        the first grant under paragraph (1) not later 
                        than 1 year after the date of enactment of this 
                        Act.
                            (ii) Subsequent grants.--Each year 
                        following the first year in which grants are 
                        awarded pursuant to clause (i), the Secretary 
                        shall award subsequent grants by not later than 
                        1 year after the date on which the grants were 
                        awarded the previous year.
            (3) Recommendations of the board.--In selecting recipients 
        for grants under paragraph (1) and determining the amount of 
        each grant, the Secretary shall take into consideration the 
        recommendations of the Board under subparagraphs (A) and (B) of 
        subsection (d)(3).
            (4) Use of funds.--A mining school shall use grant funds 
        received under this section--
                    (A) to recruit students to the mining school, 
                including through awarding scholarships; and
                    (B) to enhance and support programs related to, as 
                applicable--
                            (i) mining, mineral extraction efficiency, 
                        and related processing technology;
                            (ii) emphasizing critical mineral and rare 
                        earth element exploration, extraction, and 
                        refining;
                            (iii) reclamation technology and practices 
                        for active mining operations;
                            (iv) the development of reprocessing 
                        systems and technologies that facilitate 
                        reclamation that fosters the recovery of 
                        resources at abandoned mine sites;
                            (v) mineral extraction methods that reduce 
                        environmental and human impacts;
                            (vi) technologies to extract, refine, 
                        separate, melt, or produce minerals, including 
                        rare earth elements;
                            (vii) reducing dependence on foreign energy 
                        and mineral supplies through increased domestic 
                        critical mineral production;
                            (viii) enhancing the competitiveness of 
                        United States energy and mineral technology 
                        exports;
                            (ix) the extraction or processing of 
                        coinciding mineralization, including rare earth 
                        elements, within coal, coal processing 
                        byproduct, overburden, or coal residue;
                            (x) enhancing technologies and practices 
                        relating to mitigation of acid mine drainage, 
                        reforestation, and revegetation in the 
                        reclamation of land and water resources 
                        adversely affected by mining;
                            (xi) enhancing exploration and 
                        characterization of new or novel deposits, 
                        including rare earth elements and critical 
                        minerals within phosphate rocks, uranium-
                        bearing deposits, and other nontraditional 
                        sources;
                            (xii) meeting challenges of extreme mining 
                        conditions, such as deeper deposits or offshore 
                        or cold region mining; and
                            (xiii) mineral economics, including 
                        analysis of supply chains, future mineral 
                        needs, and unconventional mining resources.
    (d) Mining Professional Development Advisory Board.--
            (1) In general.--There is established an advisory board, to 
        be known as the ``Mining Professional Development Advisory 
        Board''.
            (2) Composition.--The Board shall be composed of 6 members, 
        to be appointed by the Secretary not later than 180 days after 
        the date of enactment of this Act, of whom--
                    (A) 3 shall be individuals who are actively working 
                in the mining profession and for the mining industry; 
                and
                    (B) 3 shall have experience in academia 
                implementing and operating professional skills training 
                and education programs in the mining sector.
            (3) Duties.--The Board shall--
                    (A) evaluate grant applications received under 
                subsection (c) and make recommendations to the 
                Secretary for selection of grant recipients under that 
                subsection;
                    (B) propose the amount of the grant for each 
                applicant recommended to be selected under subparagraph 
                (A); and
                    (C) perform oversight to ensure that grant funds 
                awarded under subsection (c) are used for the purposes 
                described in paragraph (4) of that subsection.
            (4) Term.--A member of the Board shall serve for a term of 
        4 years.
            (5) Vacancies.--A vacancy on the Board--
                    (A) shall not affect the powers of the Board; and
                    (B) shall be filled in the same manner as the 
                original appointment was made by not later than 180 
                days after the date on which the vacancy occurs.

SEC. 402. AUTHORIZATION OF THE MINERAL RESOURCES ASSESSMENT TRAINING 
              PROGRAM.

    (a) Establishment.--Within one year of enactment of this section, 
the United States Geological Survey shall establish a Mineral Resources 
Assessment Training Program to train early and mid-career scientists, 
employed at the United States Geological Survey to carry out mineral 
assessments and associated activities.
            (1) Training shall be conducted over a two-year curriculum 
        period.
            (2) Training curriculum shall be conducted for applicable 
        students at regular intervals not less than once every five 
        years.
    (b) Pilot Projects.--Participants of the program established by (a) 
may conduct pilot projects furthering the goals of the United States 
Geological Survey Mineral Resources Program as part of training 
curriculum. Such pilot projects may be conducted in conjunction with 
State geological surveys, the Bureau of Land Management, and other data 
science and land management agencies.
    (c) Interagency Training.--In carrying out the goals of this 
section, the United States Geological Survey is authorized to conduct 
joint training sessions with other data science and land management 
agencies, including but not limited to the Bureau of Land Management 
and State geological surveys.

                 TITLE V--MINERAL SUPPLY CHAIN SECURITY

SEC. 501. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.

    Section 7002(a)(3)(B)(i) is amended to read as follows:
                            ``(i) oil, oil shale, coal, or natural 
                        gas;''.

SEC. 502. REPORT ON INVESTMENTS OF THE RUSSIAN FEDERATION AND THE 
              PEOPLE'S REPUBLIC OF CHINA IN FOREIGN MINING AND 
              PROCESSING INDUSTRIES.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and annually thereafter for 5 years, the 
Secretary, acting through the Director of the United States Geological 
Survey, in consultation with the Secretary of Commerce, the Secretary 
of State, and the Secretary of Homeland Security, shall submit to the 
appropriate congressional committees a report that--
            (1) describes the involvement of the Government of the 
        People's Republic of China, People's Republic of China state-
        sponsored companies, and companies incorporated in the People's 
        Republic of China and the involvement of the Government of the 
        Russian Federation, state-sponsored companies of the Russian 
        Federation, and companies incorporated in the Russian 
        Federation in the exploration, planning, development, 
        operation, production, financing, or ownership of mining or 
        processing facilities as identified in global investment trends 
        by the World Mineral Outlook, and in countries identified in 
        the United States Geological Survey's Annual Mineral Commodity 
        Summaries for which the United States imports minerals, metals, 
        and materials; and
            (2) evaluates strategic or security concerns and 
        implications for United States national security and economic 
        interests and the interests of the countries identified 
        pursuant to paragraph (1) with respect to the People's Republic 
        of China's involvement and influence in developing the 
        country's mining and processing industries.
    (b) Publication.--The report required under subsection (a) shall be 
published on the respective websites of the Department of State, the 
Department of Commerce, the Department of Homeland Security, and the 
United States Geological Survey.
    (c) Appropriate Congressional Committee Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Natural Resources, the Committee on 
        Foreign Affairs, the Committee on Energy and Commerce, and the 
        Committee on Homeland Security of the House of Representatives; 
        and
            (2) the Committee on Energy and Natural Resources, the 
        Committee on Foreign Relations, the Committee on Finance, and 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate.

SEC. 503. REPORT ON MINERAL EXPLORATION AND DEVELOPMENT IN AFGHANISTAN.

    Section 7002(d)(1) of the Energy Act of 2020 (30 U.S.C. 1606(d)(1)) 
is amended--
            (1) in subparagraph (A), by striking ``and'';
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) describes the involvement of the Government 
                of the People's Republic of China, state sponsored 
                enterprises of such Government, and companies 
                incorporated under the laws of such Government in the 
                exploration, planning, development, operation, 
                production, or ownership of mining or processing 
                facilities in Afghanistan with respect to such 
                mineral.''.

SEC. 504. ANNUAL REVIEW OF CRITICAL MINERAL DESIGNATIONS.

    Section 7002(c)(5)(A) of the Energy Act of 2020 (30 U.S.C. 
1606(c)(5)(A)) is amended to read as follows:
                    ``(A) In general.--The Secretary, in consultation 
                with the Secretaries of Defense, Commerce, Agriculture, 
                and Energy and the United States Trade Representative, 
                shall review the methodology and list under paragraph 
                (3) and the designations under paragraph (4)--
                            ``(i) at least every 3 years;
                            ``(ii) with respect to a specific mineral, 
                        element, substance, or material, after any 
                        change in circumstances that has a substantial 
                        material effect on a factor described in 
                        paragraph (4)(A) relating to such mineral, 
                        element, substance, or material if such effect 
                        is likely to lead to a change in the listing 
                        status of such mineral, element, substance, or 
                        material under such paragraph; and
                            ``(iii) more frequently as the Secretary 
                        considers to be appropriate.''.

                  TITLE VI--CRITICAL ENERGY RESOURCES

SEC. 601. WAIVER FOR NATIONAL SECURITY OR ENERGY SECURITY.

    (a) Clean Air Act Requirements.--If the Administrator of the 
Environmental Protection Agency, in consultation with the Secretary of 
Energy, determines that processing or refining a critical energy 
resource at a critical energy resource facility is important to the 
national security or energy security of the United States, then the 
Administrator may waive application of any requirement, sanction, or 
fee under the Clean Air Act (42 U.S.C. 7401 et seq.) that the 
Administrator, in consultation with the Governor of the State in which 
the critical energy resource facility is located, determines 
appropriate with respect to the critical energy resource facility.
    (b) Solid Waste Disposal Act.--
            (1) Hazardous waste management.--The Solid Waste Disposal 
        Act (42 U.S.C. 6901 et seq.) is amended by inserting after 
        section 3024 the following:

``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.

    ``(a) Determination.--If the Administrator, in consultation with 
the Secretary of Energy, determines that processing or refining a 
critical energy resource at a critical energy resource facility is 
important to the national security or energy security of the United 
States, then the Administrator may, with respect to the critical energy 
resource facility, waive application of--
            ``(1) any standard established under section 3002, 3003, or 
        3004;
            ``(2) the permit requirement under section 3005; or
            ``(3) any other requirement of this title, as the 
        Administrator determines appropriate.
    ``(b) Critical Energy Resource; Critical Energy Resource 
Facility.--The terms `critical energy resource' and `critical energy 
resource facility' have the meanings given such terms in section 608 of 
the Securing America's Mineral Supply Chains Act of 2022.''.
            (2) Table of contents.--The Solid Waste Disposal Act is 
        amended in the table of contents by inserting after the item 
        relating to section 3024 the following:

``Sec. 3025. Waivers for critical energy resource facilities.''.

SEC. 602. CHEMICAL SUBSTANCE REVIEW.

    Section 5(a) of the Toxic Substances Control Act (15 U.S.C. 
2604(a)) is amended by adding at the end the following:
            ``(6) Critical energy resources.--
                    ``(A) Standard.--For purposes of a determination 
                under paragraph (3) with respect to a chemical 
                substance that is a critical energy resource, the 
                Administrator shall take into consideration costs and 
                other nonrisk factors, notwithstanding any requirement 
                of this section to not take such factors into 
                consideration.
                    ``(B) Failure to render determination.--If, with 
                respect to a chemical substance that is a critical 
                energy resource, the Administrator fails to make a 
                determination on a notice under paragraph (3) by the 
                end of the applicable review period and the notice has 
                not been withdrawn by the submitter, the submitter may 
                take the actions described in paragraph (1)(A) with 
                respect to the chemical substance.
                    ``(C) Definition.--For purposes of this paragraph, 
                the term `critical energy resource' has the meaning 
                given that term in section 608 of the Securing 
                America's Mineral Supply Chains Act of 2022.''.

SEC. 603. INTERIM HAZARDOUS WASTE PERMITS.

    Section 3005(e)(1)(A) of the Solid Waste Disposal Act (42 U.S.C. 
6925(e)(1)(A)) is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by inserting ``or'' after ``this 
        section,''; and
            (3) by adding at the end the following:
                    ``(iii) is a critical energy resource facility (as 
                defined in section 608 of the Securing America's 
                Mineral Supply Chains Act of 2022),''.

SEC. 604. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY RESOURCE FACILITIES.

    The Administrator of the Environmental Protection Agency shall, as 
necessary, revise regulations under parts 70 and 71 of title 40, Code 
of Federal Regulations, to--
            (1) authorize the owner or operator of a critical energy 
        resource facility to utilize flexible air permitting (as 
        described in the final rule titled ``Operating Permit Programs; 
        Flexible Air Permitting Rule'' published by the Environmental 
        Protection Agency in the Federal Register on October 6, 2009 
        (74 Fed. Reg. 51418)) with respect to such critical energy 
        resource facility; and
            (2) facilitate flexible, market-responsive operations (as 
        described in the final rule identified in paragraph (1)) with 
        respect to critical energy resource facilities.

SEC. 605. AMENDMENT TO THE DEPARTMENT OF ENERGY ORGANIZATION ACT.

    The Department of Energy Organization Act (42 U.S.C. 7101 et seq.) 
is amended--
            (1) in section 2, by adding at the end the following:
    ``(d) As used in sections 102(20) and 203(a)(12), the term 
`critical energy resource' means any energy resource that--
            ``(1) is essential to the energy sector and energy systems 
        of the United States; and
            ``(2) the supply chain of which is vulnerable to 
        disruption.'';
            (2) in section 102, by adding at the end the following:
            ``(20) To ensure there is an adequate and reliable supply 
        of critical energy resources that are essential to the energy 
        security of the United States.''; and
            (3) in section 203(a), by adding at the end the following:
            ``(12) Functions that relate to securing the supply of 
        critical energy resources, including identifying and mitigating 
        the effects of a disruption of such supply on--
                    ``(A) the development and use of energy 
                technologies; and
                    ``(B) the operation of energy systems.''.

SEC. 606. SECURING CRITICAL ENERGY RESOURCE SUPPLY CHAINS.

    In carrying out the requirements of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), the Secretary of Energy, in 
consultation with the appropriate Federal agencies, representatives of 
the energy sector, States, and other stakeholders, shall--
            (1) conduct ongoing assessments of--
                    (A) energy resource criticality based on the 
                importance of critical energy resources to the 
                development of energy technologies and the supply of 
                energy;
                    (B) the critical energy resource supply chain of 
                the United States; and
                    (C) the vulnerability of such supply chain;
            (2) strengthen critical energy resource supply chains in 
        the United States, including by--
                    (A) diversifying the sources of the supply of 
                critical energy resources; and
                    (B) increasing domestic production, separation, and 
                processing of critical energy resources;
            (3) develop substitutes and alternatives to critical energy 
        resources;
            (4) improve technology that reuses and recycles critical 
        energy resources; and
            (5) evaluate how the energy security of the United States 
        is affected by the reliance of the United States on importing 
        critical energy resources.

SEC. 607. PROGRAMS TO RESTORE DOMESTIC URANIUM SUPPLY SERVICES.

    (a) National Strategic Uranium Reserve.--
            (1) Program.--On the date of enactment of this Act, the 
        Secretary shall begin carrying out, using amounts transferred 
        under paragraph (6), a program to operate a national strategic 
        uranium reserve, to ensure the availability of uranium produced 
        and converted in the United States and for other purposes 
        described in paragraph (2), in accordance with this subsection.
            (2) Purposes.--The purposes of the Uranium Reserve are--
                    (A) to ensure the availability of domestically 
                produced and converted uranium in the event of a supply 
                disruption;
                    (B) to address domestic nuclear fuel supply chain 
                gaps and deficiencies in uranium production and 
                conversion; and
                    (C) to support strategic nuclear fuel supply chain 
                capabilities in the United States.
            (3) Activities.--In operating the Uranium Reserve, the 
        Secretary shall--
                    (A) operate the Uranium Reserve in a manner 
                consistent with the recommendations in the document 
                entitled ``Restoring America's Competitive Nuclear 
                Energy Advantage: A Strategy to Assure U.S. National 
                Security'', released by the United States Nuclear Fuel 
                Working Group in 2020;
                    (B) acquire uranium produced and converted in the 
                United States for storage in the Uranium Reserve in 
                sufficient amounts to sustain the continued operation 
                of nuclear reactors in the United States in the event 
                of a supply disruption;
                    (C) make uranium available from the Uranium Reserve 
                as needed, in a manner consistent with the cost 
                recovery requirements described in paragraph (4); and
                    (D) if uranium is made available from the Uranium 
                Reserve under subparagraph (C), replenish the Uranium 
                Reserve in a manner consistent with the requirements of 
                this subsection.
            (4) Cost recovery.--
                    (A) In general.--In carrying out activities under 
                this subsection, the Secretary shall ensure that any 
                uranium acquired, provided, or made available through 
                the Uranium Reserve is subject to cost recovery based 
                on the fair market value of the applicable uranium.
                    (B) Availability of certain funds.--Notwithstanding 
                section 3302 of title 31, United States Code, revenues 
                received from the sale or transfer of uranium and other 
                activities related to making uranium available pursuant 
                to this subsection--
                            (i) shall be available to the Department 
                        for carrying out the purposes of this 
                        subsection, to reduce the need for further 
                        appropriations for such purposes; and
                            (ii) shall remain available until expended.
            (5) Exclusion.--The Secretary shall exclude from the 
        Uranium Reserve uranium from an entity that--
                    (A) is owned or controlled by the Government of the 
                Russian Federation or the Government of the People's 
                Republic of China; or
                    (B) is organized under the laws of, or otherwise 
                subject to the jurisdiction of, the Russian Federation 
                or the People's Republic of China.
            (6) Funding transfer.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the amounts described in subparagraph 
                (B) shall be transferred to the Office of Nuclear 
                Energy of the Department for the purpose of carrying 
                out the program described in paragraph (1) by--
                            (i) continuing the activities initiated by 
                        the Department, including the National Nuclear 
                        Security Administration, using the amounts 
                        described in the proviso referred to in that 
                        subparagraph;
                            (ii) carrying out other activities 
                        consistent with the purposes for which the 
                        amounts described in that proviso were 
                        originally made available; and
                            (iii) carrying out activities in accordance 
                        with this subsection.
                    (B) Amounts described.--The amounts referred to in 
                subparagraph (A) are the amounts that remain available 
                as of the date of enactment of this Act from the 
                $75,000,000 that shall be used for the Uranium Reserve 
                Program described in the first proviso under the 
                heading ``Weapons Activities'' under the heading 
                ``NATIONAL NUCLEAR SECURITY ADMINISTRATION'' under the 
                heading ``ATOMIC ENERGY DEFENSE ACTIVITIES'' in title 
                III of division D of the Consolidated Appropriations 
                Act, 2021 (Public Law 116-260; 134 Stat. 1369), that 
                were made available to the Department by that Act.
                    (C) Clarification.--Subparagraph (A) does not 
                affect any amounts made available to the Department, 
                including the National Nuclear Security Administration, 
                that are not described in the proviso referred to in 
                subparagraph (B).
    (b) Domestic Uranium Availability.--
            (1) Establishment.--Not later than 60 days after the date 
        of enactment of this Act, the Secretary shall establish and 
        carry out a program (referred to in this subsection as the 
        ``program'') to ensure the availability of uranium produced, 
        converted, and enriched in the United States.
            (2) Purposes.--The purposes of the program shall be--
                    (A) to eliminate reliance on Russian uranium;
                    (B) to address domestic nuclear fuel supply chain 
                gaps and deficiencies; and
                    (C) to ensure the availability of domestically 
                produced, converted, and enriched uranium to support 
                the continued operation of nuclear reactors in the 
                United States.
            (3) Considerations.--In carrying out the program, the 
        Secretary shall consider, and, as appropriate, execute 
        options--
                    (A) to establish, through a competitive process, 
                new and, as appropriate, diverse domestic uranium 
                mining, conversion, and enrichment capacity that is 
                needed to replace uranium imported from Russia;
                    (B) to activate and expand the American Assured 
                Fuel Supply to meet domestic and international nuclear 
                fuel supply needs;
                    (C) to restock the American Assured Fuel Supply, 
                including by utilizing, or merging with, the Uranium 
                Reserve;
                    (D) that do not disrupt or replace market 
                mechanisms; and
                    (E) that ensure the use of domestic uranium 
                utilized as a result of the program does not negatively 
                impact the economic operation of nuclear reactors in 
                the United States.
            (4) Exclusion.--The Secretary shall exclude from the 
        program uranium from an entity that--
                    (A) is owned or controlled by the Government of the 
                Russian Federation or the Government of the People's 
                Republic of China; or
                    (B) is organized under the laws of, or otherwise 
                subject to the jurisdiction of, the Russian Federation 
                or the People's Republic of China.
    (c) Contracts.--The Secretary may acquire uranium for the program 
carried out under subsection (a) or the program carried out under 
subsection (b) through the use of any--
            (1) competitive selection process that the Secretary 
        determines to be appropriate to achieve the purposes described 
        in subsection (a) or subsection (b) in an expeditious manner; 
        and
            (2) contract or other arrangement of such duration as the 
        Secretary determines to be appropriate to achieve any such 
        purposes.
    (d) USEC Privatization Act.--The requirements of section 3112 of 
the USEC Privatization Act (42 U.S.C. 2297h-10) shall not apply to any 
activity carried out under the program carried out under subsection (a) 
or the program carried out under subsection (b).
    (e) Definitions.--In this section:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy, acting through the Assistant Secretary for Nuclear 
        Energy.
            (3) Uranium reserve.--The term ``Uranium Reserve'' means 
        the national strategic uranium reserve operated pursuant to the 
        program described in subsection (a)(1).

SEC. 608. DEFINITIONS.

    In this title:
            (1) Critical energy resource.--The term ``critical energy 
        resource'' has the meaning given such term in section 2(d) of 
        the Department of Energy Organization Act (42 U.S.C. 7101(d)), 
        as added by section 605 of this title.
            (2) Critical energy resource facility.--The term ``critical 
        energy resource facility'' means a facility that processes or 
        refines a critical energy resource.
                                 <all>