Title: American Critical Mineral Exploration and Innovation Act of 2020
Policy area: Energy

Summary:
American Critical Mineral Exploration and Innovation Act of 2020
This bill addresses the availability, development, and production of domestic critical minerals, including by providing incentives to increase domestic production of critical minerals that are needed to ensure the economic and national security of the United States.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7061 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7061

    To promote the domestic exploration, research, development, and 
  processing of critical minerals to ensure the economic and national 
         security of the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 28, 2020

 Mr. Waltz (for himself, Mr. Gosar, Mr. Bishop of Utah, Mr. Lucas, Mr. 
 McCarthy, Mr. Young, Mr. Weber of Texas, Mr. Crawford, Mr. Marshall, 
 Mr. Buck, Mr. Gonzalez of Ohio, Mr. LaMalfa, Mr. Posey, Mr. Newhouse, 
 Mr. Balderson, Mr. Curtis, Mr. Babin, Mr. McClintock, Mr. Olson, Mr. 
    Kevin Hern of Oklahoma, Mr. Norman, Mr. Stauber, Mr. Baird, Mr. 
   Westerman, Mr. Wittman, Ms. Cheney, Mrs. Lesko, Mr. Stewart, Mr. 
 Johnson of South Dakota, Mr. Cook, Mr. Gohmert, Mr. Hice of Georgia, 
 Mr. Emmer, Mr. Amodei, Mr. Fulcher, Mr. Lamborn, Mr. Calvert, and Mr. 
   Duncan) introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
  Science, Space, and Technology, Small Business, the Judiciary, and 
Education and Labor, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Critical 
Mineral Exploration and Innovation Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
                  TITLE I--CRITICAL MINERAL PRODUCTION

Sec. 101. Policy.
Sec. 102. Critical mineral designations.
Sec. 103. Resource assessment.
Sec. 104. Permitting.
Sec. 105. Federal Register process.
Sec. 106. Department of Energy Critical Minerals Research and 
                            Development Program.
Sec. 107. Critical minerals research database.
Sec. 108. Analysis and forecasting.
Sec. 109. Education and workforce.
Sec. 110. National geological and geophysical data preservation 
                            program.
Sec. 111. Administration.
       TITLE II--CRITICAL MINERALS TECHNOLOGY DEVELOPMENT SUPPORT

Sec. 201. Technology grants.
           TITLE III--MANAGEMENT OF FEDERAL MINERAL RESOURCES

Sec. 301. Economic and national security analysis.
Sec. 302. Congressional approval.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Byproduct.--The term ``byproduct'' means a critical 
        mineral--
                    (A) the recovery of which depends on the production 
                of a host mineral that is not designated as a critical 
                mineral; and
                    (B) that exists in sufficient quantities to be 
                recovered during processing or refining.
            (2) Critical mineral.--
                    (A) In general.--The term ``critical mineral'' 
                means any mineral, element, substance, or material 
                designated as critical by the Secretary under section 
                102.
                    (B) Exclusions.--The term ``critical mineral'' does 
                not include--
                            (i) oil, natural gas, or any other fossil 
                        fuels; or
                            (ii) water, ice, or snow.
            (3) Critical mineral manufacturing.--The term ``critical 
        mineral manufacturing'' means--
                    (A) the exploration, development, mining, 
                production, processing, refining, alloying, separation, 
                concentration, magnetic sintering, melting, or 
                beneficiation of critical minerals within the United 
                States;
                    (B) the fabrication, assembly, or production using 
                a critical mineral, within the United States, of 
                equipment, components, or other goods with energy 
                technology-, defense-, agriculture-, consumer 
                electronics-, or health care-related applications; or
                    (C) any other value-added, manufacturing-related 
                use of critical minerals undertaken within the United 
                States.
            (4) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands; and
                    (G) the United States Virgin Islands.
            (7) Lead agency.--The term ``lead agency'' means the agency 
        with primary responsibility for issuing a mineral exploration 
        or mine permit for a project.
            (8) Mineral exploration or mine 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--
                            (i) the Bureau of Land Management under 
                        subpart 3809 of part 3800 of title 43, Code of 
                        Federal Regulations (or successor regulations); 
                        or
                            (ii) the Forest Service under subpart A of 
                        part 228 of title 36, Code of Federal 
                        Regulations (or successor regulations); or
                    (C) a permit for a project located in an area 
                described in section 3503.13 of title 43, Code of 
                Federal Regulations (or successor regulations).
            (9) Project.--The term ``project'' means a project relating 
        to, or incidental to mineral exploration, mining, 
        beneficiation, processing, or reclamation activities--
                    (A) on a mining claim, millsite claim, or tunnel 
                site claim for any locatable mineral; or
                    (B) in conjunction with any Federal mineral (other 
                than coal and oil shale) that is leased under--
                            (i) the Mineral Leasing Act for Acquired 
                        Lands (30 U.S.C. 351 et seq.); or
                            (ii) section 402 of Reorganization Plan 
                        Numbered 3 of 1946 (5 U.S.C. App.).

                  TITLE I--CRITICAL MINERAL PRODUCTION

SEC. 101. POLICY.

    (a) Sense of Congress.--Congress finds the following:
            (1) The assured supply of critical minerals and the 
        resiliency of their supply chains are essential to the economic 
        prosperity and national defense of the United States.
            (2) The United States is heavily dependent on foreign 
        sources of critical minerals and on foreign supply chains 
        resulting in the potential for strategic vulnerabilities to 
        both the economy and the military.
            (3) As deployment of clean energy technologies and 
        emissions control devices increase, the demand for critical 
        minerals will grow significantly.
            (4) The United States is import-reliant for 31 of the 35 
        minerals designated as critical by the Department of the 
        Interior and relies completely on imports to supply its demand 
        for 14 of these minerals.
            (5) Over the past two decades China has produced more than 
        80 percent of the world's production of rare-earth elements and 
        processed chemicals.
    (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.
    (c) In General.--Section 3 of the National Materials and Minerals 
Policy, Research and Development Act of 1980 (30 U.S.C. 1602) is 
amended--
            (1) by amending paragraph (3) to read as follows:
            ``(3) establish an analytical and forecasting capability 
        for identifying critical mineral demand, supply, and other 
        factors to allow informed actions to be taken to avoid supply 
        shortages, mitigate price volatility, and prepare for demand 
        growth and other market shifts;'';
            (2) in paragraph (6), by striking ``and'' at the end; and
            (3) by striking paragraph (7) and inserting the following:
            ``(7) facilitate the availability, development, and 
        environmentally responsible production of domestic resources to 
        meet national material or critical mineral needs;
            ``(8) avoid duplication of effort, prevent unnecessary 
        paperwork, and minimize delays in the administration of 
        applicable laws (including regulations) and the issuance of 
        permits and authorizations necessary to explore for, develop, 
        and produce critical minerals and to construct critical mineral 
        manufacturing facilities in accordance with applicable 
        environmental and land management laws;
            ``(9) strengthen--
                    ``(A) educational and research capabilities at not 
                lower than the secondary school level; and
                    ``(B) workforce training for exploration and 
                development of critical minerals and critical mineral 
                manufacturing;
            ``(10) bolster international cooperation through technology 
        transfer, information sharing, and other means;
            ``(11) promote the efficient production, use, and recycling 
        of critical minerals;
            ``(12) develop alternatives to critical minerals; and
            ``(13) establish contingencies for the production of, or 
        access to, critical minerals for which viable sources do not 
        exist within the United States.''.
    (d) Conforming Amendment.--Section 2(b) of the National Materials 
and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 
1601(b)) is amended to read as follows:
    ``(b) Definitions.--In this Act:
            ``(1) Critical mineral.--The term `critical mineral' has 
        the meaning given such term in section 2 of the American 
        Critical Mineral Exploration and Innovation Act of 2020.
            ``(2) Materials.--The term `materials' means substances, 
        including minerals, of current or potential use that will be 
        needed to supply the industrial, military, and essential 
        civilian needs of the United States in the production of goods 
        or services, including those which are primarily imported or 
        for which there is a prospect of shortages or uncertain supply, 
        or which present opportunities in terms of new physical 
        properties, use, recycling, disposal or substitution, with the 
        exclusion of food and of energy fuels used as such.''.
    (e) Critical Minerals Interagency Subcommittee.--
            (1) 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.
            (2) Purposes.--The purposes of the Subcommittee shall be--
                    (A) 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--
                            (i) Federal research, development, and 
                        deployment efforts to optimize methods for 
                        extractions, concentration, separation and 
                        purification of conventional, secondary, and 
                        unconventional sources of critical minerals;
                            (ii) efficient use and reuse of critical 
                        minerals;
                            (iii) the critical minerals workforce of 
                        the United States; and
                            (iv) United States private industry 
                        investments in innovation and technology 
                        transfer from federally funded science and 
                        technology;
                    (B) to identify emerging opportunities, stimulate 
                international cooperation, and foster the development 
                of secure and reliable supply chains of critical 
                minerals;
                    (C) to ensure the transparency of information and 
                data related to critical minerals; and
                    (D) 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.
            (3) Responsibilities.--In carrying out paragraphs (1) and 
        (2), the Subcommittee may, taking into account the findings and 
        recommendations of relevant advisory committees--
                    (A) 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;
                    (B) examine options for accessing and developing 
                critical minerals through investment and trade with our 
                allies and partners and provide recommendations;
                    (C) evaluate and provide recommendations to 
                incentivize the development and use of advances in 
                science and technology in the private industry;
                    (D) assess the need for and make recommendations to 
                address the challenges the United States critical 
                minerals supply chain workforce faces, including aging 
                and retiring personnel and faculty; public perceptions 
                about the nature of mining and mineral processing; and 
                foreign competition for United States talent;
                    (E) 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, 
                materials science, manufacturing science and 
                engineering, computational modeling, and environmental 
                health and safety research and development; and
                    (F) report to the appropriate committees of 
                Congress on activities and findings under this section.

SEC. 102. CRITICAL MINERAL DESIGNATIONS.

    (a) Draft.--The Secretary, acting through the Director of the 
United States Geological Survey, shall publish in the Federal Register 
for public comment a draft--
            (1) description of the methodology used to identify 
        critical minerals;
            (2) list of minerals, elements, substances, and materials 
        that qualify as critical minerals; and
            (3) list of critical minerals recoverable as byproducts.
    (b) Final.--Not later than 45 days after the date on which the 
public comment period described in paragraph (1) ends, the Secretary, 
acting through the Director of the United States Geological Survey, 
shall publish in the Federal Register--
            (1) a description of the methodology for determining which 
        minerals, elements, substances, and materials qualify as 
        critical minerals;
            (2) a list of critical minerals; and
            (3) a list of critical minerals recoverable as byproducts.
    (c) Criteria.--
            (1) In general.--The Secretary shall designate a mineral, 
        element, substance, or material as a critical mineral for the 
        purposes of this subsection if the Secretary determines, in 
        consultation with the Secretaries of Defense, Commerce, 
        Agriculture, and Energy, and the United States Trade 
        Representative that--
                    (A) such mineral, element, substance, or material 
                is essential to the economic or national security of 
                the United States;
                    (B) the supply chain of such mineral, element, 
                substance, or material is vulnerable to disruption 
                (including restrictions associated with foreign 
                political risk, abrupt demand growth, military 
                conflict, violent unrest, anti-competitive or 
                protectionist behaviors, and other risks throughout the 
                supply chain); and
                    (C) such mineral, element, substance, or material 
                serves an essential function in the manufacturing of a 
                product (including energy technology-, defense-, 
                currency-, agriculture-, consumer electronics-, and 
                health care-related applications), the absence of which 
                would have significant consequences for the economic or 
                national security of the United States.
            (2) Determination by another agency.--The Secretary may 
        designate a mineral, element, substance, or material determined 
        by another Federal agency to be strategic and critical to the 
        defense or national security of the United States.
    (d) Subsequent Review.--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 subsection (b) not less frequently than every 3 years and 
may revise such determinations as the Secretary, in consultation with 
Secretaries of Defense, Commerce, Agriculture, and Energy and the 
United States Trade Representative, determines appropriate.
    (e) Quantitative Data.--The Secretary, in making a determination 
under this subsection, shall to the extent possible, use quantitative 
methods to make such determination.
    (f) Notice.--On finalization of the methodology and the list under 
subsection (b), or any revision to the methodology or list under 
subsection (d), the Secretary shall submit to Congress written notice 
of the action.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $1,000,000 for each of fiscal years 2021 
through 2030 to carry out this section.

SEC. 103. RESOURCE ASSESSMENT.

    (a) In General.--Not later than 4 years after the date of enactment 
of this Act, in consultation with applicable States, State geological 
surveys, local governments and academic, industry, and other entities, 
the Secretary shall complete a comprehensive national resource 
assessment of each critical mineral that--
            (1) identifies and quantifies known critical mineral 
        resources, using all available public and private information 
        and datasets, including exploration histories; and
            (2) provides a quantitative and qualitative assessment of 
        undiscovered critical mineral resources throughout the United 
        States, including probability estimates of tonnage and grade, 
        using all available public and private information and 
        datasets, including exploration histories.
    (b) Supplementary Information.--In carrying out this section, the 
Secretary shall carry out surveys and field work (including drilling, 
remote sensing, geophysical surveys, topographical and geological 
mapping, and geochemical sampling and analysis) to supplement existing 
information and datasets available for determining the existence of 
critical minerals in the United States.
    (c) Public Access.--Subject to applicable law, to the maximum 
extent practicable, the Secretary shall make all data and metadata 
collected from the comprehensive national assessment carried out under 
subsection (a) publicly and electronically accessible.
    (d) Technical Assistance.--At the request of the Governor of a 
State or the head of an Indian tribe, the Secretary may provide 
technical assistance to State governments and Indian tribes conducting 
critical mineral resource assessments on non-Federal land.
    (e) Prioritization.--
            (1) In general.--The Secretary may sequence the completion 
        of resource assessments for each critical mineral such that 
        critical minerals considered to be most critical under the 
        methodology established under section 102 are completed first.
            (2) Interim reports.--During the period beginning not later 
        than 1 year after the date of enactment of this Act and ending 
        on the date of completion of all of the assessments required 
        under this section, the Secretary shall submit to Congress on 
        an annual basis an interim report that--
                    (A) identifies the sequence and schedule for 
                completion of the assessments if the Secretary 
                sequences the assessments; or
                    (B) describes the progress of the assessments if 
                the Secretary does not sequence the assessments.
    (f) Updates.--The Secretary may periodically update the assessments 
conducted under this section based on--
            (1) the generation of new information or datasets by the 
        Federal Government; or
            (2) the receipt of new information or datasets from 
        critical mineral producers, State geological surveys, academic 
        institutions, trade associations, or other persons.
    (g) Additional Surveys.--The Secretary shall complete a resource 
assessment for each additional mineral, element, substance, or material 
subsequently designated as a critical mineral under section 102 not 
later than 2 years after such designation.
    (h) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to Congress a report describing 
the status of geological surveying of Federal land for any mineral, 
element, substance, or material commodity--
            (1) for which the United States was dependent on a foreign 
        country for more than 25 percent of the United States supply, 
        as depicted in the report issued by the United States 
        Geological Survey entitled ``Mineral Commodity Summaries 
        2020''; but
            (2) that is not designated as a critical mineral under 
        section 102.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $50,000,000 for each of fiscal years 2021 
through 2030 to carry out this section.

SEC. 104. PERMITTING.

    (a) Sense of Congress.--It is the sense of 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 Federal permitting process has been identified as 
        an impediment to mineral production and the mineral security of 
        the United States.
    (b) Coordination on Permitting Process.--
            (1) In general.--To improve the quality and timeliness of 
        decisions, the lead agency shall, to the maximum extent 
        practicable, with respect to a project on Federal land 
        described in paragraph (2), complete Federal permitting and 
        review processes with maximum efficiency and effectiveness, 
        while supporting vital economic growth, by--
                    (A) establishing and adhering to timelines and 
                schedules for the consideration of, and final decisions 
                regarding, applications, operating plans, leases, 
                licenses, permits, and other use authorizations for 
                mineral-related activities on Federal land;
                    (B) establishing clear, quantifiable, and temporal 
                permitting performance goals and tracking progress 
                against those goals;
                    (C) engaging in early collaboration among agencies, 
                project sponsors, and affected stakeholders--
                            (i) to incorporate and address the 
                        interests of those parties; and
                            (ii) to minimize delays;
                    (D) ensuring transparency and accountability by 
                using cost-effective information technology to collect 
                and disseminate information regarding individual 
                projects and agency performance;
                    (E) engaging in early and active consultation with 
                State, local, and Indian Tribal governments to avoid 
                conflicts or duplication of effort, resolve concerns, 
                and allow for concurrent, rather than sequential, 
                State, local, Tribal, and Federal environmental and 
                regulatory reviews;
                    (F) providing demonstrable improvements in the 
                performance of Federal permitting and review processes, 
                including lower costs and more timely decisions;
                    (G) expanding and institutionalizing permitting and 
                review process improvements that have proven effective;
                    (H) developing mechanisms to better communicate 
                priorities and resolve disputes among agencies at the 
                national, regional, State, and local levels; and
                    (I) developing other practices to improve 
                regulatory processes, such as preapplication 
                procedures.
            (2) Projects described.--A project is described by this 
        paragraph if such project is--
                    (A) a project to produce a critical mineral, 
                including as a byproduct or from tailing;
                    (B) an exploration project with respect to which 
                the presence of a byproduct is a reasonable 
                expectation, based on known mineral companionality, 
                geologic formation, mineralogy, or other factors; or
                    (C) a project that demonstrates that the byproduct 
                is of sufficient grade that, if combined with the 
                production of a host mineral, is economical to recover, 
                as determined by the applicable Secretary.
            (3) 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 project.
            (4) Memorandum of agreement.--The lead agency with respect 
        to a critical mineral project, in consultation with any other 
        Federal agency with jurisdiction over such project, may 
        establish a memorandum of agreement with the project sponsor, 
        State and local governments, and other entities such lead 
        agency determines appropriate to carry out the activities 
        described in this subsection.
            (5) 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 project reasonably 
        expected to produce critical minerals may not exceed 30 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, 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 adverse environmental effects of 
                actions under the permit.
                    (C) Possible alternatives to issuance of the 
                permit.
                    (D) The relationship between long- and short-term 
                uses of the local environment and the maintenance and 
                enhancement of long-term productivity.
                    (E) Any irreversible and irretrievable 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.
    (d) Schedule for Permitting Process.--For any project for which the 
lead agency cannot make the determination described in (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 
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-related activities on Federal land;
            (3) quantifies the amount of time typically required 
        (including 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 critical mineral-
        related activities on Federal land; 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 (e), 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 activities that will increase exploration for, and 
development of, domestic critical minerals, while maintaining 
environmental standards.
    (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 (f), 
and annually thereafter, the Secretaries of Agriculture and of the 
Interior 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 (d), 
        describes progress made by the executive branch, as compared to 
        the baseline established pursuant to subsection (c)(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 Secretaries of 
Agriculture and of the Interior generated under subsection (g), 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.
    (k) Application.--Section 41001(6)(A) of the FAST Act (42 U.S.C. 
4370m(6)(A)) is amended by inserting ``(including critical mineral 
manufacturing (as defined in section 2 of the `American Critical 
Mineral Exploration and Innovation Act'))'' after ``manufacturing''.

SEC. 105. FEDERAL REGISTER PROCESS.

    (a) Departmental Review.--Absent any extraordinary circumstance, 
and except as otherwise required by law, the Secretary and the 
Secretary of Agriculture shall ensure that each Federal Register notice 
described in subsection (b) shall be--
            (1) subject to any required reviews within the Department 
        of the Interior or the Department of Agriculture; and
            (2) published in final form in the Federal Register not 
        later than 45 days after the date of initial preparation of the 
        notice.
    (b) Preparation.--The preparation of Federal Register notices 
required by law associated with the issuance of a critical mineral 
exploration or mine permit shall be delegated to the organizational 
level within the agency responsible for issuing the critical mineral 
exploration or mine permit.
    (c) Transmission.--All Federal Register notices regarding official 
document availability, announcements of meetings, or notices of intent 
to undertake an action shall be originated in, and transmitted to the 
Federal Register from, the office in which, as applicable--
            (1) the documents or meetings are held; or
            (2) the activity is initiated.

SEC. 106. DEPARTMENT OF ENERGY CRITICAL MINERALS RESEARCH AND 
              DEVELOPMENT PROGRAM.

    (a) In General.--The Secretary of Energy shall carry out a 
crosscutting research and development program to accelerate innovation 
in advanced critical minerals development 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) Execution.--In carrying out this program, the Secretary of 
Energy shall--
            (1) develop innovative technologies and practices to 
        diversify commercially viable domestic sources of critical 
        minerals and identify new uses for co-products and by-products;
            (2) advance new mapping and mining technologies and 
        techniques that can accelerate the robust characterization of 
        domestic critical minerals resources, including advanced 
        critical mineral extraction, production, separation, alloying, 
        or processing technologies that can decrease the energy 
        intensity, potential environmental impact and costs of those 
        activities;
            (3) identify and develop alternative minerals, metals, and 
        replacement materials that lessen the need for critical 
        minerals, particularly those available in abundance within the 
        United States and not subject to supply disruptions, and design 
        new systems to use these alternatives;
            (4) advance new technologies and techniques to support the 
        economically viable manufacturing, recycling, and reuse of 
        critical minerals; and
            (5) develop advanced theoretical, computational, and 
        experimental tools necessary to support the crosscutting basic 
        research and development needs of diverse critical minerals 
        stakeholders.
    (c) Leveraging.--In carrying out the program under subsection (a) 
the Secretary of Energy shall leverage resources and expertise across 
the Department and from--
            (1) Federal agencies;
            (2) National Laboratories;
            (3) critical mineral producers;
            (4) critical mineral processors;
            (5) critical mineral manufacturers;
            (6) trade associations;
            (7) academic institutions;
            (8) small businesses; and
            (9) other relevant entities or individuals.
    (d) Standard of Review.--Not later than 2 years after the date of 
the enactment of this Act the Secretary of Energy shall conduct a 
review of activities carried out under this program described in 
subsection (a) to determine the achievement of technical milestones 
established in subsection (f).
    (e) Prohibition.--No funds allocated to the program described in 
subsection (a) may be obligated or expended for commercial application 
of energy technology.
    (f) Critical Minerals Consortium.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Energy shall establish 
        and operate a Critical Minerals Consortium (referred to in this 
        section as the ``Consortium'') for the purpose of supporting 
        the program under subsection (a) by providing, to the maximum 
        extent practicable, a centralized entity for multidisciplinary, 
        collaborative, critical minerals research and development.
            (2) Membership.--The members of the Consortium shall be 
        representatives from relevant Federal agencies, the National 
        Laboratories, institutions of higher education, multi-
        institutional collaborations, and other appropriate entities.
            (3) Activities.--The Consortium shall--
                    (A) develop and implement a multi-year program plan 
                which includes the determination of technical goals and 
                milestones and prioritizes leveraging of the user 
                facilities, high-performance computing capabilities, 
                and expertise of the Department of Energy and the 
                National Laboratories; and
                    (B) submit an annual report to the Secretary of 
                Energy summarizing the activities of the Consortium 
                which includes an evaluation of the Consortium's role 
                in the achievement of technical milestones determined 
                in subparagraph (A).
            (4) Coordination.--The Secretary of Energy shall ensure the 
        coordination of, and avoid unnecessary duplication of, the 
        activities of the Consortium with the activities of other 
        research entities of the Department, institutions of higher 
        education, and the private sector.
            (5) Duration.--The Consortium established under this 
        subsection shall receive support for a period of not more than 
        5 years, subject to the availability of appropriations.
            (6) Renewal.--Upon the expiration of any period of support 
        of the Consortium, the Secretary of Energy may renew support 
        for the Consortium, on a merit-reviewed basis, for a period of 
        not more than 5 years.
            (7) Termination.--Consistent with the existing authorities 
        of the Department, the Secretary of Energy may terminate the 
        Consortium for cause during the performance period.
    (g) Reports.--Not later than 2 years after the date of enactment of 
this Act, and annually thereafter, the Secretary of Energy shall submit 
to Congress a report summarizing the activities, findings, and progress 
of the program.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy $135,000,000 for each of fiscal 
years 2021 through 2030 to carry out this section.

SEC. 107. CRITICAL MINERALS RESEARCH DATABASE.

    (a) In General.--The Secretary of Energy, in consultation with the 
Director of the National Science Foundation, shall support the 
development of a web-based platform to provide access to a database of 
computed information on known and predicted critical minerals and 
related mineral materials properties and computational tools in order 
to--
            (1) accelerate breakthroughs in critical minerals discovery 
        and design;
            (2) strengthen the foundation for new mining technologies 
        and advanced manufacturing; and
            (3) drive the development of advanced materials for 
        applications that span the Department's missions in energy, 
        environment, and national security.
    (b) Program.--In carrying out this section, the Secretary of Energy 
shall--
            (1) conduct cooperative research with industry, academia, 
        and other research institutions to facilitate the design of 
        novel materials, including critical materials and substitutes 
        for critical materials;
            (2) leverage existing high-performance computing systems to 
        conduct high throughput calculations and develop computation 
        and data mining algorithms for the prediction of mineral 
        properties, including a focus on critical minerals;
            (3) leverage and support basic research in mineralogy and 
        mineral chemistry to enhance the understanding, prediction, and 
        manipulation of critical minerals; and
            (4) manage and make available to researchers accessible, 
        curated, standardized, secure, and privacy protected data sets 
        from the public and private sectors for the purposes of 
        critical minerals research and development activities.
    (c) Coordination.--To carry out this section, the Secretary of 
Energy shall leverage programs, facilities, and activities across the 
Department.
    (d) Security.--In carrying out the activities authorized by this 
section, the Secretary of Energy, in consultation with the Director of 
the National Science Foundation, shall ensure proper security controls 
are in place to protect proprietary or sensitive data, as appropriate.

SEC. 108. ANALYSIS AND FORECASTING.

    (a) Capabilities.--In order to evaluate existing critical mineral 
policies and inform future actions that may be taken to avoid supply 
shortages, mitigate price volatility, and prepare for demand growth and 
other market shifts, the Secretary, in consultation with the Energy 
Information Administration, academic institutions, and others to 
maximize the application of existing competencies related to developing 
and maintaining computer-models and similar analytical tools, shall 
conduct and publish the results of an annual report that includes--
            (1) as part of the annually published Mineral Commodity 
        Summaries from the United States Geological Survey, a 
        comprehensive review of critical mineral production, 
        consumption, and recycling patterns, including--
                    (A) the quantity of each critical mineral 
                domestically produced during the preceding year;
                    (B) the quantity of each critical mineral 
                domestically consumed during the preceding year;
                    (C) market price data or other price data for each 
                critical mineral;
                    (D) an assessment of--
                            (i) critical mineral requirements to meet 
                        the national security, energy, economic, 
                        industrial, technological, and other needs of 
                        the United States during the preceding year;
                            (ii) the reliance of the United States on 
                        foreign sources to meet those needs during the 
                        preceding year; and
                            (iii) the implications of any supply 
                        shortages, restrictions, or disruptions during 
                        the preceding year;
                    (E) the quantity of each critical mineral 
                domestically recycled during the preceding year;
                    (F) the market penetration during the preceding 
                year of alternatives to each critical mineral;
                    (G) a discussion of international trends associated 
                with the discovery, production, consumption, use, costs 
                of production, prices, and recycling of each critical 
                mineral as well as the development of alternatives to 
                critical minerals; and
                    (H) such other data, analyses, and evaluations as 
                the Secretary determines necessary to achieve the 
                purposes of this section; and
            (2) a comprehensive forecast, entitled the ``Annual 
        Critical Minerals Outlook'', of projected critical mineral 
        production, consumption, and recycling patterns, including--
                    (A) the quantity of each critical mineral projected 
                to be domestically produced over the subsequent 1-year, 
                5-year, and 10-year periods;
                    (B) the quantity of each critical mineral projected 
                to be domestically consumed over the subsequent 1-year, 
                5-year, and 10-year periods;
                    (C) an assessment of--
                            (i) critical mineral requirements to meet 
                        projected national security, energy, economic, 
                        industrial, technological, and other needs of 
                        the United States;
                            (ii) the projected reliance of the United 
                        States on foreign sources to meet those needs; 
                        and
                            (iii) the projected implications of 
                        potential supply shortages, restrictions, or 
                        disruptions;
                    (D) the quantity of each critical mineral projected 
                to be domestically recycled over the subsequent 1-year, 
                5-year, and 10-year periods;
                    (E) the market penetration of alternatives to each 
                critical mineral projected to take place over the 
                subsequent 1-year, 5-year, and 10-year periods;
                    (F) a discussion of reasonably foreseeable 
                international trends associated with the discovery, 
                production, consumption, use, costs of production, and 
                recycling of each critical mineral as well as the 
                development of alternatives to critical minerals; and
                    (G) such other projections relating to each 
                critical mineral as the Secretary determines to be 
                necessary to achieve the purposes of this section.
    (b) Proprietary Information.--In preparing a report described in 
subsection (a), the Secretary shall ensure, consistent with section 
5(f) of the National Materials and Minerals Policy, Research and 
Development Act of 1980 (30 U.S.C. 1604(f)), that--
            (1) no person uses the information and data collected for 
        the report for a purpose other than the development of or 
        reporting of aggregate data in a manner such that the identity 
        of the person or firm who supplied the information is not 
        discernible and is not material to the intended uses of the 
        information;
            (2) no person discloses any information or data collected 
        for the report unless the information or data has been 
        transformed into a statistical or aggregate form that does not 
        allow the identification of the person or firm who supplied 
        particular information; and
            (3) procedures are established to require the withholding 
        of any information or data collected for the report if the 
        Secretary determines that withholding is necessary to protect 
        proprietary information, including any trade secrets or other 
        confidential information.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $4,000,000 for each of fiscal years 2021 
through 2030 to carry out this section.

SEC. 109. EDUCATION AND WORKFORCE.

    (a) Workforce Assessment.--
            (1) In general.--Not later than 1 year and 300 days after 
        the date of enactment of this Act, the Secretary of Labor, in 
        consultation with the Secretary, the Director of the National 
        Science Foundation, the institutions of higher education 
        described in paragraph (2), and employers in the critical 
        minerals sector, shall submit to Congress an assessment of the 
        domestic availability of technically trained personnel 
        necessary for critical mineral exploration, development, 
        assessment, production, manufacturing, recycling, analysis, 
        forecasting, education, and research, including an analysis 
        of--
                    (A) skills that are in the shortest supply as of 
                the date of the assessment;
                    (B) skills that are projected to be in short supply 
                in the future;
                    (C) the demographics of the critical minerals 
                industry and how the demographics will evolve under the 
                influence of factors such as an aging workforce;
                    (D) the effectiveness of training and education 
                programs in addressing skills shortages;
                    (E) opportunities to hire locally for new and 
                existing critical mineral activities;
                    (F) the sufficiency of personnel within relevant 
                areas of the Federal Government for achieving the 
                policies described in section 3 of the National 
                Materials and Minerals Policy, Research and Development 
                Act of 1980 (30 U.S.C. 1602); and
                    (G) the potential need for new training programs to 
                have a measurable effect on the supply of trained 
                workers in the critical minerals industry.
            (2) Institutions of higher education.--The institutions of 
        higher education described in this paragraph are--
                    (A) institutions of higher education with 
                substantial expertise in mining; and
                    (B) institutions of higher education with 
                significant expertise in minerals research, including 
                fundamental research into alternatives.
    (b) Curriculum Study.--
            (1) In general.--The Secretary and the Secretary of Labor 
        shall jointly enter into an arrangement with the National 
        Academy of Sciences and the National Academy of Engineering 
        under which the Academies shall coordinate with the National 
        Science Foundation on conducting a study--
                    (A) to design an interdisciplinary program on 
                critical minerals that will support the critical 
                mineral supply chain and improve the ability of the 
                United States to increase domestic critical mineral 
                exploration, development, production, manufacturing, 
                and research, including fundamental research into 
                alternatives, and recycling;
                    (B) to address undergraduate and graduate 
                education, especially to assist in the development of 
                graduate level programs of research and instruction 
                that lead to advanced degrees with an emphasis on the 
                critical mineral supply chain or other positions that 
                will increase domestic critical mineral exploration, 
                development, production, manufacturing, and research, 
                including fundamental research into alternatives, and 
                recycling;
                    (C) to develop guidelines for proposals from 
                institutions of higher education with substantial 
                capabilities in the required disciplines for activities 
                to improve the critical mineral supply chain and 
                advance the capacity of the United States to increase 
                domestic critical mineral exploration, research, 
                development, production, manufacturing, and recycling; 
                and
                    (D) to outline criteria for evaluating performance 
                and recommendations for the amount of funding that will 
                be necessary to establish and carry out the program 
                described in subsection (c).
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        description of the results of the study required under 
        paragraph (1).
    (c) Program.--
            (1) Establishment.--The Secretary and the Secretary of 
        Labor shall jointly conduct a competitive grant program under 
        which institutions of higher education may apply for and 
        receive 4-year grants for--
                    (A) startup costs for newly designated faculty 
                positions in integrated critical mineral education, 
                research, innovation, training, and workforce 
                development programs consistent with subsection (b);
                    (B) internships, scholarships, and fellowships for 
                students enrolled in programs related to critical 
                minerals;
                    (C) equipment necessary for integrated critical 
                mineral innovation, training, and workforce development 
                programs; and
                    (D) research of critical minerals and their 
                applications, particularly concerning the manufacture 
                of critical components vital to national security.
            (2) Renewal.--A grant under this subsection shall be 
        renewable for up to two 3-year terms based on performance 
        criteria outlined under subsection (b)(1)(D).

SEC. 110. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION 
              PROGRAM.

    Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C. 
15908(k)) is amended by striking ``$30,000,000 for each of fiscal years 
2006 through 2010'' and inserting ``$5,000,000 for each of fiscal years 
2021 through 2030, to remain available until expended''.

SEC. 111. ADMINISTRATION.

    (a) In General.--The National Critical Materials Act of 1984 (30 
U.S.C. 1801 et seq.) is repealed.
    (b) Conforming Amendment.--Section 3(d) of the National 
Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 5202(d)) 
is amended in the first sentence by striking ``, with the assistance of 
the National Critical Materials Council as specified in the National 
Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.),''.
    (c) Savings Clauses.--
            (1) In general.--Nothing in this Act or an amendment made 
        by this Act modifies any requirement or authority provided by--
                    (A) the matter under the heading ``GEOLOGICAL 
                SURVEY'' of the first section of the Act of March 3, 
                1879 (43 U.S.C. 31(a)); or
                    (B) the first section of Public Law 87-626 (43 
                U.S.C. 31(b)).
            (2) Effect on department of defense.--Nothing in this Act 
        or an amendment made by this Act affects the authority of the 
        Secretary of Defense with respect to the work of the Department 
        of Defense on critical material supplies in furtherance of the 
        national defense mission of the Department of Defense.
            (3) Secretarial order not affected.--This Act shall not 
        apply to any mineral described in Secretarial Order No. 3324, 
        issued by the Secretary on December 3, 2012, in any area to 
        which the order applies.

       TITLE II--CRITICAL MINERALS TECHNOLOGY DEVELOPMENT SUPPORT

SEC. 201. TECHNOLOGY GRANTS.

    (a) In General.--The Secretary 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 mineral resource extraction methods 
        that reduce environmental and human impacts;
            (5) reducing dependence on foreign energy and mineral 
        supplies;
            (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 2021 through 2030.
    (e) Mining School.--In this title, 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.

           TITLE III--MANAGEMENT OF FEDERAL MINERAL RESOURCES

SEC. 301. 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, including a resource 
assessment conducted pursuant to section 103, shows that a previously 
undiscovered deposit is 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.
            (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 economically recoverable quantities of a critical 
mineral.

SEC. 302. 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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