II 118th CONGRESS 1st Session S. 2965 IN THE SENATE OF THE UNITED STATES September 28 (legislative day, September 22), 2023 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a critical mineral environmental processing and mining cleanup program, and for other purposes.

1. Critical mineral environmental processing and mining cleanup program (a) Definitions In this section: (1) Critical mineral The term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (2) Eligible entity The term eligible entity means an entity engaged in or intending to engage in— (A) the mining or manufacturing of critical minerals or the reprocessing or recycling of mine tailings, smelter or refinery slags, or residues; or (B) any other value-added, mining-related, manufacturing-related, or processing-related use of critical minerals undertaken within the United States. (3) Eligible mineral The term eligible mineral means each of the minerals identified by the Secretary under subsection (b)(2)(A). (4) Manufacture The term manufacture , with respect to a mineral, means to process, refine, alloy, separate, smelt, concentrate, or beneficiate the mineral. (5) Program The term program means the competitive grant program established under subsection (b)(1). (6) Secretary The term Secretary means the Secretary of the Interior. (b) Program establishment (1) In general The Secretary shall establish a program to award competitive grants to eligible entities for the manufacturing of eligible minerals. (2) Determination; identification (A) Eligible minerals Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the National Economic Council, shall identify as eligible minerals— (i) the 10 critical minerals that are the most critical for manufacturing and energy independence; and (ii) the 10 minerals that are the most critical to the United States to reduce energy dependence on mineral imports. (B) Suitable locations (i) In general The Secretary shall identify Federal and non-Federal land for which it is economically feasible and environmentally sound to mine the eligible minerals. (ii) Requirement The Secretary shall establish for each suitable location identified under clause (i) a mitigation plan to combat environmental and health risks posed by the mining and manufacturing of eligible minerals to— (I) federally recognized Indian Tribes; (II) communities at risk of pollution from mining activities; and (III) clean drinking water sources. (C) No duplication of efforts To the maximum extent practicable, in carrying out subparagraphs (A) and (B), the Secretary shall use existing analyses of the Department of the Interior, including the United States Geological Survey. (3) Selection (A) Applications An eligible entity seeking a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Selection criteria In awarding grants under the program, the Secretary shall only award grants to eligible entities that— (i) have documented interests in constructing, expanding, or modernizing facilities that carry out an activity or use described in subparagraph (A) or (B) of subsection (a)(2); and (ii) demonstrate strong labor protections, including prevailing wage requirements. (4) Use of funds A grant under the program may be used for the environmental assessment, processing, mitigation, and cleanup necessary to mine or manufacture eligible minerals on the Federal and non-Federal land identified under paragraph (2)(B)(i). (5) Environmental laws In carrying out activities using a grant under the program, an eligible entity shall comply with— (A) all applicable environmental laws (including regulations); and (B) any other environmental standards determined to be necessary by the Secretary. (6) Authorization of appropriations There is authorized to be appropriated to carry out the program $10,000,000 for each of fiscal years 2024 through 2029.