American Critical Mineral Independence Act of 2021
Bill: H.R.2637 | Sponsor: Rep. Waltz, Michael (R-FL)
Policy area: Energy

Summary:
American Critical Mineral Independence Act of 2021
This bill provides support for a domestic supply of critical minerals, establishes deadlines to complete the environmental review of critical mineral projects on federal land, and sets forth related requirements to expedite the review of such projects under the National Environmental Policy Act of 1969 (NEPA).
Specifically, the National Science Foundation must award grants to support research to advance critical mineral mining strategies and technologies. The Department of Energy must also provide grants to research, develop, and assess technologies and techniques to recover critical minerals from mine waste and metallurgical activities.
If an environmental assessment or environmental impact statement is required for a critical mineral project, then all necessary federal review and permit considerations must be completed within 18 or 24 months, respectively. However, the review may exceed the time limit if the project sponsor agrees.
The lead agency of the environmental review of such project must allow a state or another appropriate entity to assume certain federal responsibilities regarding the environmental review of the project upon the request of such entity.
Further, the bill authorizes a lead agency to determine that the requirements of NEPA have been satisfied if a state or federal agency acting under state or federal law has addressed specified factors. If the lead agency does not make such a determination, then the agency must enter into an agreement with the project sponsor to set time limits for each part of the permitting process.

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.

    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 ``American Critical Mineral 
Independence Act of 2021''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The assured supply of critical minerals and the 
        resiliency of critical mineral 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.
            (4) The United States is import-reliant for 30 of the 35 
        minerals designated as critical by the Department of the 
        Interior and relies completely on imports to meet demand for 13 
        of these minerals.
            (5) Over the past two decades China has produced more than 
        80 percent of the world's rare-earth elements and processed 
        chemicals and has had similar supply control over other 
        critical minerals.
            (6) China's projected total metals demand growth rate 
        suggests that within a decade China's total annual metals 
        demand will increase from today's 55% to more than 75% of the 
        total world production of all metals.
    (b) Sense of Congress.--It is the sense of Congress 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 
international collaboration to limit the impact of mineral supply 
disruptions.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Byproduct.--The term ``byproduct'' has the meaning 
        given such term in section 7002 of Division Z of the 
        Consolidated Appropriations Act, 2021 (Public Law 116-260).
            (2) Critical mineral.--The term ``critical mineral'' has 
        the meaning given such term in section 7002 of Division Z of 
        the Consolidated Appropriations Act, 2021 (Public Law 116-260) 
        except that such term shall not exclude materials described in 
        subsection (a)(3)(B)(iii) of such section.
            (3) Critical mineral project.--The term ``critical mineral 
        project'' means a project--
                    (A) located on--
                            (i) a mining claim, millsite claim, or 
                        tunnel site claim for any locatable mineral;
                            (ii) lands open to mineral entry; or
                            (iii) a Federal mineral lease; and
                    (B) for the purpose of producing a critical 
                mineral, including--
                            (i) as a byproduct, or a product of a host 
                        mineral, or from tailings; or
                            (ii) through an exploration project with 
                        respect to which the presence of a byproduct is 
                        a reasonable expectation, based on known 
                        mineral companionality, geologic formation, 
                        mineralogy, or other factors.
            (4) 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).
            (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 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 a 
                premining activity that requires analysis under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.);
                    (B) a plan of operations issued by the Bureau of 
                Land Management or the Forest Service; and
                    (C) a permit for a project located in an area for 
                which a hardrock mineral permit or lease is available.

          TITLE I--CRITICAL MINERALS RESEARCH AND DEVELOPMENT

SEC. 101. CRITICAL MINERALS INTERAGENCY SUBCOMMITTEE.

    (a) In General.--The Critical Minerals Subcommittee of the National 
Science and Technology Council (referred to in this section as 
``Subcommittee'') shall coordinate Federal science and technology 
efforts to ensure secure and reliable supplies of critical minerals to 
the United States.
    (b) Purposes.--The purposes of the Subcommittee shall be--
            (1) to advise and assist the Committee on Homeland and 
        National Security and the National Science and Technology 
        Council on United States policies, procedures, and plans as it 
        relates to critical minerals, including--
                    (A) Federal research, development, and deployment 
                efforts to optimize methods for extractions, 
                concentration, separation, and purification of 
                conventional, secondary, and unconventional sources of 
                critical minerals;
                    (B) efficient use and reuse of critical minerals;
                    (C) the critical minerals workforce of the United 
                States; and
                    (D) United States private industry investments in 
                innovation and technology transfer from federally 
                funded science and technology;
            (2) to identify emerging opportunities, stimulate 
        international cooperation, and foster the development of secure 
        and reliable supply chains of critical minerals;
            (3) to ensure the transparency of information and data 
        related to critical minerals; and
            (4) to provide recommendations on coordination and 
        collaboration among the research, development, and deployment 
        programs and activities of Federal agencies to promote a secure 
        and reliable supply of critical minerals necessary to maintain 
        national security, economic well-being, and industrial 
        production.
    (c) Responsibilities.--In carrying out paragraphs (1) and (2), the 
Subcommittee shall, taking into account the findings and 
recommendations of relevant advisory committees--
            (1) provide recommendations on how Federal agencies may 
        improve the topographic, geologic, and geophysical mapping of 
        the United States and improve the discoverability, 
        accessibility, 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 developing critical minerals recycling and 
        reprocessing technologies, and technological alternatives to 
        critical minerals;
            (2) examine options and provide recommendations for 
        accessing and developing critical minerals through investment 
        and trade with allies and partners of the United States;
            (3) evaluate and provide recommendations to incentivize the 
        development and use of advances in science and technology in 
        the private industry;
            (4) assess the need for, and make recommendations to 
        address, the challenges facing the critical minerals supply 
        chain workforce of the United States, including aging and 
        retiring personnel and faculty; public perceptions about the 
        nature of mining and mineral processing; and foreign 
        competition for United States talent; and
            (5) develop, and update as necessary, a strategic plan to 
        guide Federal programs and activities to enhance scientific and 
        technical capabilities across critical mineral supply chains, 
        including a roadmap that identifies key research 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, manufacturing science 
        and engineering, computational modeling, and environmental 
        health and safety research and development.

SEC. 102. CRITICAL MINERALS MINING RESEARCH AND DEVELOPMENT AT THE 
              NATIONAL SCIENCE FOUNDATION.

    (a) In General.--The Director of the National Science Foundation 
shall award grants, on a competitive basis, to institutions of higher 
education or nonprofit organizations (or consortium of such 
institutions or organizations) to support basic research that will 
accelerate innovation to advance critical minerals mining strategies 
and technologies for the purpose of making better use of domestic 
resources and eliminating national reliance on minerals and mineral 
materials that are subject to supply disruptions.
    (b) Use of Funds.--Activities funded by a grant under this section 
may include--
            (1) advancing mining research and development activities to 
        develop new mapping and mining technologies and techniques, 
        including advanced critical mineral extraction and production, 
        to improve existing or to develop new supply chains of critical 
        minerals and to yield more efficient, economical, and 
        environmentally benign mining practices;
            (2) advancing critical mineral processing research 
        activities to improve separation, alloying, manufacturing or 
        recycling techniques and technologies that can decrease the 
        energy intensity, waste, potential environmental impact and 
        costs of those activities;
            (3) conducting long-term earth observatory of reclaimed 
        mine sites, including the study of the evolution of microbial 
        diversity at such sites;
            (4) examining the application of artificial intelligence 
        for geological exploration of critical minerals, including what 
        size and diversity of data sets would be required;
            (5) examining the application of machine learning for 
        detection and sorting of critical minerals, and determining the 
        size and diversity of data sets required for this analysis;
            (6) conducting detailed isotope studies of critical 
        minerals and the development of more refined geologic models; 
        and
            (7) providing training and researcher opportunities to 
        undergraduate and graduate students to prepare the next 
        generation of mining engineers and researchers.

SEC. 103. 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.--
            (1) In general.--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--
                    (A) 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
                    (B) 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.
            (2) Authorization of appropriations.-- To carry out the 
        program under paragraph (1) there is authorized to be 
        appropriated to the Secretary of the Energy $15,000,000 for 
        each of fiscal years 2022 through 2026, and to the Secretary of 
        the Interior $10,000,000 for each of fiscal years 2022 through 
        2026.
    (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 II--CRITICAL MINERAL DEVELOPMENT AND TECHNOLOGY SUPPORT

SEC. 201. PERMITTING.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) critical minerals are fundamental to the economy, 
        competitiveness, and security of the United States;
            (2) to the maximum extent practicable, the critical mineral 
        needs of the United States should be satisfied by minerals, 
        elements, substances, and materials responsibly produced and 
        recycled in the United States; and
            (3) the current Federal permitting process is an impediment 
        to mineral production and the mineral security of the United 
        States.
    (b) Coordination on Permitting Process.--
            (1) In general.--The Secretary, in consultation with 
        appropriate Federal agencies, shall, to the maximum extent 
        practicable, with respect to the Federal permitting and review 
        process for critical mineral projects on Federal land--
                    (A) establish and adhere 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) establish clear, quantifiable, and temporal 
                permitting performance goals and tracking progress 
                against those goals;
                    (C) engage in early collaboration among agencies, 
                project sponsors, and affected stakeholders--
                            (i) to incorporate and address the 
                        interests of each such agency, sponsor, and 
                        stakeholder; and
                            (ii) to minimize delays;
                    (D) ensure transparency and accountability by using 
                cost-effective information technology to collect and 
                disseminate information regarding individual critical 
                mineral projects and agency performance;
                    (E) engage in early and active consultation with 
                State and local governments and Indian Tribes 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) meet or exceed the performance metrics required 
                by subsection (g);
                    (G) expand and institutionalize permitting and 
                review process improvements that have proven effective;
                    (H) develop mechanisms to better communicate 
                priorities and resolve disputes among agencies at the 
                national, regional, State, and local levels; and
                    (I) develop other practices to improve the 
                regulatory processes, such as preapplication 
                procedures.
            (2) Considerations.--In carrying out paragraph (1), the 
        lead agency shall consider deferring to, and relying on, 
        baseline data, analyses, and reviews performed by State 
        agencies with jurisdiction over the proposed critical mineral 
        project.
            (3) Memorandum of agreement.--The lead agency with respect 
        to a critical mineral project on Federal land, in consultation 
        with any other Federal agency with jurisdiction over such 
        project, shall, upon request of the project sponsor, a State or 
        local government, an Indian Tribe, or other entity such lead 
        agency determines appropriate, establish a memorandum of 
        agreement with the project sponsor, a State or local 
        government, an Indian Tribe, or another entity such lead agency 
        determines appropriate to carry out the activities described in 
        this subsection.
            (4) Time limit for permitting process.--Notwithstanding any 
        other provision of law, and except with agreement of the 
        project sponsor, the total period for all necessary Federal 
        reviews and permit consideration for a critical mineral project 
        on Federal land reasonably expected to produce critical 
        minerals may not exceed--
                    (A) with respect to a project that requires an 
                environmental assessment under section 102(2)(C) of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4332(2)(C)), 18 months; or
                    (B) with respect to a project that requires an 
                environmental impact statement under such section, 24 
                months.
    (c) Determination Under National Environmental Policy Act.--
            (1) In general.--To the extent that the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
        applies to the issuance of any mineral exploration or mine 
        permit relating to a critical mineral project, 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 addressed the following factors:
                    (A) The environmental impact of the action to be 
                conducted under the permit.
                    (B) Possible alternatives to issuance of the 
                permit.
                    (C) The relationship between long- and short-term 
                uses of the local environment and the maintenance and 
                enhancement of long-term productivity.
                    (D) Any irreversible and irretrievable commitment 
                of resources that would be involved in the proposed 
                action.
            (2) Publication.--The lead agency shall publish a 
        determination under paragraph (1) not later than 90 days after 
        receipt of an application for the permit.
            (3) Verification.--The lead agency shall publish a 
        determination that the factors under paragraph (1) have been 
        sufficiently addressed and public participation has occurred 
        with regard to any authorizing actions before issuing any 
        mineral exploration or mine permit for a critical mineral 
        project.
    (d) Schedule for Permitting Process.--For any critical mineral 
project for which the lead agency cannot make the determination 
described in subsection (c), at the request of a project sponsor, the 
lead agency, cooperating agencies, and any other agencies involved with 
the mineral exploration or mine permitting process shall enter into an 
agreement with the project sponsor that sets time limits for each part 
of the permitting process, including--
            (1) the decision on whether to prepare an environmental 
        impact statement or similar analysis required under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.);
            (2) a determination of the scope of any environmental 
        impact statement or similar analysis required under such Act;
            (3) the scope of, and schedule for, the baseline studies 
        required to prepare an environmental impact statement or 
        similar analysis required under such Act;
            (4) preparation of any draft environmental impact statement 
        or similar analysis required under such Act;
            (5) preparation of a final environmental impact statement 
        or similar analysis required under such Act;
            (6) any consultations required under applicable law;
            (7) submission and review of any comments required under 
        applicable law;
            (8) publication of any public notices required under 
        applicable law; and
            (9) any final or interim decisions.
    (e) Addressing Public Comments.--As part of the review process of a 
critical mineral project under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), the lead agency may not address any 
agency or public comments that were not submitted--
            (1) during a public comment period or consultation period 
        provided during the permitting process; or
            (2) as otherwise required by law.
    (f) Review and Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary and the Secretary of Agriculture 
shall submit to Congress a report that--
            (1) identifies additional measures (including regulatory 
        and legislative proposals, as appropriate) that would increase 
        the timeliness of permitting activities for the exploration and 
        development of domestic critical minerals;
            (2) identifies options (including cost recovery paid by 
        permit applicants, as appropriate) for ensuring adequate 
        staffing and training of Federal entities and personnel 
        responsible for the consideration of applications, operating 
        plans, leases, licenses, permits, and other use authorizations 
        for critical mineral projects on Federal land;
            (3) quantifies the amount of time typically required 
        (including a range derived from minimum and maximum durations, 
        mean, median, variance, and any other statistical measure or 
        representation the Secretary and the Secretary of Agriculture 
        determine appropriate) to complete each step (including those 
        aspects outside the control of the executive branch, such as 
        judicial review, applicant decisions, or State and local 
        government involvement) associated with the development and 
        processing of applications, operating plans, leases, licenses, 
        permits, and other use authorizations for a mineral exploration 
        or mine permit for a critical mineral project; and
            (4) describes actions carried out pursuant to subsection 
        (b).
    (g) Performance Metric.--Not later than 90 days after the date of 
submission of the report under subsection (f), the Secretary and the 
Secretary of Agriculture, after providing public notice and an 
opportunity to comment, shall develop and publish a performance metric 
for evaluating the progress made by the executive branch to expedite 
the permitting of critical mineral projects.
    (h) Annual Reports.--Beginning with the first budget submission by 
the President under section 1105 of title 31, United States Code, after 
publication of the performance metric required under subsection (g), 
and annually thereafter, the Secretary and the Secretary of Agriculture 
shall jointly submit to Congress a report that--
            (1) summarizes the implementation of recommendations, 
        measures, and options identified in paragraphs (1) and (2) of 
        subsection (f);
            (2) using the performance metric under subsection (g), 
        describes progress made by the executive branch, as compared to 
        the baseline established pursuant to subsection (d)(3), on 
        expediting the permitting of activities that will increase 
        exploration for, and development of, domestic critical 
        minerals; and
            (3) compares the United States to other countries in terms 
        of permitting efficiency and any other criteria relevant to the 
        globally competitive critical minerals industry.
    (i) Individual Projects.--Using data from the Secretary of 
Agriculture and the Secretary generated under subsection (h), the 
Director of the Office of Management and Budget shall prioritize 
inclusion of individual critical mineral projects on the website 
operated by the Office of Management and Budget in accordance with 
section 1122 of title 31, United States Code.
    (j) Report of Small Business Administration.--Not later than 1 year 
and 300 days after the date of enactment of this Act, the Administrator 
of the Small Business Administration shall submit to the Committees on 
Small Business and Natural Resources of the House of Representatives 
and Small Business and Entrepreneurship and Energy and Natural 
Resources of the Senate a report that assesses the performance of 
Federal agencies with respect to--
            (1) complying with chapter 6 of title 5, United States 
        Code, in promulgating regulations applicable to the critical 
        minerals industry; and
            (2) performing an analysis of regulations applicable to the 
        critical minerals industry that may be outmoded, inefficient, 
        duplicative, or excessively burdensome.

SEC. 202. TECHNOLOGY GRANTS.

    (a) In General.--The Secretary, in coordination with the Secretary 
of Energy, shall establish a competitive grant program to conduct 
studies, research, and demonstration projects relating to the 
production of critical minerals, including--
            (1) studies of mining, mineral extraction efficiency, and 
        related processing technology;
            (2) reclamation technology and practices for active mining 
        operations;
            (3) the development of remining systems and technologies 
        that facilitate reclamation that fosters the recovery of 
        resources at abandoned mine sites;
            (4) investigations of critical mineral extraction methods 
        that reduce environmental and human impacts;
            (5) reducing dependence on foreign energy and mineral 
        supplies through increased domestic critical mineral 
        production;
            (6) enhancing the competitiveness of United States energy 
        and mineral technology exports;
            (7) the extraction or processing of coinciding 
        mineralization, including rare earth elements, within coal, 
        coal processing byproduct, overburden or coal residue;
            (8) enhancing technologies and practices related to 
        mitigation of acid mine drainage, reforestation, and 
        revegetation in the reclamation of land and water resources 
        adversely affected by mining;
            (9) meeting challenges of extreme mining conditions, such 
        as deeper deposits or offshore or cold region mining; and
            (10) mineral economics, including analysis of supply 
        chains, future mineral needs, and unconventional mining 
        resources.
    (b) Minimum Amount for Mining Schools.--Of amounts expended 
pursuant to this section, not less than 70 percent shall be expended to 
enhance and support mining and mineral engineering programs at mining 
schools in the United States.
    (c) Public Participation.--The Secretary shall consult with 
relevant stakeholders and provide a significant opportunity for 
participation by undergraduate and graduate students at mining schools.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this title $10,000,000 for each of fiscal 
years 2022 through 2032.
    (e) Mining School.--In this section, the term ``mining school'' 
means a mining, metallurgical, or mineral engineering program or 
department accredited by the Accreditation Board for Engineering and 
Technology, Inc., that is located at an institution of higher education 
(as that term is defined in section 631(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1132(a))) in the United States.

SEC. 203. ECONOMIC AND NATIONAL SECURITY ANALYSIS.

    (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 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.
    (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. 204. CONGRESSIONAL APPROVAL.

    (a) Moratoria.--Notwithstanding any other provision of law, 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 unless such 
moratorium is authorized by an Act of Congress.
    (b) Limitation.--Notwithstanding any other provision of law, the 
Secretary 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 without 
congressional approval 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.
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