Resolve, Establishing the Commission to Study the Role of Critical Minerals as a Resource in the State
Maine Legislature, Session 131, LD 1495
Committee: Environment and Natural Resources
Sponsors: CRAFTS, RENY, BELL, CAMPBELL, DOUDERA, LANDRY, SOBOLESKI, THERIAULT, FARRIN, KEIM

Legislative Document
No. 1495
H.P. 950
House of Representatives, April 5, 2023
Resolve, Establishing the Commission to Study the Role of Critical 
Minerals as a Resource in the State
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative CRAFTS of Newcastle.
Cosponsored by Senator RENY of Lincoln and
Representatives: BELL of Yarmouth, CAMPBELL of Orrington, DOUDERA of Camden, 
LANDRY of Farmington, SOBOLESKI of Phillips, THERIAULT of Fort Kent, Senators: 
FARRIN of Somerset, KEIM of Oxford.
Preamble.  Whereas, critical minerals are an indispensable resource for the people 
of and businesses in the United States and in the State as a means to use electric fuel rather 
than fossil fuel for transportation, electrical storage and myriad other critical issues; and
Whereas, Maine does not have sources of fossil fuel but it does have sources of 
critical minerals; and
Whereas, the mining of critical minerals in Maine is not practicable under the current 
law governing mining of critical minerals regardless of whether the minerals can be mined 
safely and without potential acid drainage; now, therefore, be it
Sec. 1. Commission established. Resolved: That the Commission to Study the 
Role of Critical Minerals as a Resource in the State, referred to in this resolve as "the 
commission," is established.
Sec. 2. Commission membership. Resolved: That, notwithstanding Joint Rule 
353, the commission consists of the following members: 
1.  One member of the Senate who is a member of the party holding the 2nd largest 
number of seats in the Legislature, appointed by the President of the Senate; 
2.  One member of the House of Representatives who is a member of the party holding 
the largest number of seats in the Legislature, appointed by the Speaker of the House;
3.  The Director of the Office of Policy Innovation and the Future or the Director of the 
Governor's Energy Office or a director's designee, appointed by the Governor;
4.  The Commissioner of Environmental Protection or the commissioner's designee;
5.  The State Geologist or the State Geologist's designee;
6.  One member of a of federally recognized Indian nation, tribe or band in the State, 
appointed by the Speaker of the House based on the joint recommendations of the tribal 
governments of the Mi'kmaq Nation, the Houlton Band of Maliseet Indians, the 
Passamaquoddy Tribe at Motahkomikuk, the Passamaquoddy Tribe at Sipayik and the 
Penobscot Nation. If the tribal governments do not make a unanimous joint 
recommendation, the Speaker of the House shall appoint one member of a federally 
recognized Indian nation, tribe or band in the State;
7.  The following members appointed by the President of the Senate:
A. One member of the public residing in northern Maine; and
B. One member representing an organization involved in the protection of the 
environment; and
8.  The following members appointed by the Speaker of the House:
A.  One member of the public residing in western Maine; and
B.  One member representing business interests in the State. 
The Speaker of the House shall invite a representative of the United States Department 
of Energy to serve as a member of the commission.
Sec. 3. Chairs. Resolved: That the Senate member is the Senate chair and the House 
of Representatives member is the House chair of the commission.
Sec. 4. Appointments; convening of commission. Resolved: That all  
appointments must be made no later than 30 days following the effective date of this  
resolve. The appointing authorities shall notify the Executive Director of the Legislative  
Council once all appointments have been completed. After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been  
made, the chairs may request authority and the Legislative Council may grant authority for  
the commission to meet and conduct its business.
Sec. 5. Duties. Resolved:  That the commission shall study issues associated with 
the current limits on mining of critical minerals in the Maine Metallic Mineral Mining Act 
and, within the context of international climate change, whether mining of such minerals 
in the State can be accomplished safely with appropriate restrictions.  For the purposes of 
this resolve, "critical mineral" means a metallic or nonmetallic element that is essential for 
the functioning of modern technologies and to the economic or national security of the 
State or the Nation and that has a supply chain vulnerable to disruption.  In undertaking the 
study, the commission shall review:
1.  How other jurisdictions, including other states and countries, identify sites at which 
mining of critical minerals can be conducted safely and the extent to which environmental 
protection issues involved in mining of critical minerals could be adequately addressed to 
ensure long-term public safety if mining of critical minerals is permitted with appropriate 
safeguards;
2.  The amount of critical mineral resources currently identified in the State; 
3.  The legal and ethical principles regarding the mining of critical minerals in the State; 
4.  The extent to which critical mineral resources will be needed in the State and the 
Nation in the future for household, government, business, commercial, security and other 
purposes;  
5.  The quality of currently available mining methods, including underground and 
open-pit mining, and processing methods and the need for measures to quantify the ability 
of companies that mine or process critical minerals to mine or process safely in the State if 
such mining or processing is permitted; 
6.  The nature and use of natural resource extraction taxes in other states and the 
advantages and disadvantages of natural resource extraction taxes in the State; and 
7.  The relationship between mining of critical minerals and climate change in the State, 
including an analysis of what actions other states are taking to address this issue.
If the commission finds that environmentally safe mining of critical minerals can be 
accomplished in the State and that such mining would benefit the State, the commission 
shall develop recommended legislation to ensure that sustainable extraction of critical 
minerals is  conducted in a way that is clean and safe for the State's residents and will meet 
the needs of commercial, business and security interests.  The commission shall identify 
the need for additional state resources to implement its recommendations.
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide  
necessary staffing services to the commission, except that Legislative Council staff support 
is not authorized when the Legislature is in regular or special session.
Sec. 7. Consultant.  Resolved:  That, in accordance with Legislative Council 
policies, the commission may retain a consultant for technical assistance in performing its 
duties.
Sec. 8. Report. Resolved: That, no later than December 6, 2023, the commission 
shall submit a report that includes its findings and recommendations, including any 
suggested legislation, to the Joint Standing Committee on Environment and Natural 
Resources. The committee may report out a bill to the Second Regular Session of the 131st 
Legislature.
SUMMARY
This resolve establishes the Commission to Study the Role of Critical Minerals as a 
Resource in the State to study issues associated with the current limits on mining of critical 
minerals in the Maine Metallic Mineral Mining Act and, within the context of international 
climate change, whether mining of such minerals in the State can be accomplished safely 
with appropriate restrictions.