S.Amdt. 1537

SA 1537. Mr. BARRASSO submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to
establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of division F, add the following:

TITLE IV--AMERICAN CRITICAL MINERAL INDEPENDENCE

SEC. 6401. DEFINITIONS.

In this title:
(1) Byproduct.--The term ``byproduct'' has the meaning
given the term in section 7002(a) of the Energy Act of 2020
(30 U.S.C. 1606(a)).
(2) Critical mineral.--The term ``critical mineral'' has
the meaning given the term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)), except that the term shall
not exclude materials described in paragraph (3)(B)(iii) of
that 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) land 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 the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Lead agency.--The term ``lead agency'' means the agency
with primary responsibility for issuing a mineral exploration
or mine permit for a project.
(6) 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.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) 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.

Subtitle A--Rare Earth Elements and Critical Minerals Processing
Technologies

SEC. 6411. RARE EARTH ELEMENTS AND CRITICAL MINERALS
PROCESSING TECHNOLOGIES.

(a) Research Program for the Recovery of Critical
Minerals.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall carry out a grant program to
research, develop, and assess advanced processing
technologies and techniques for--
(A) the extraction, refining, separation, melting, or
production of critical minerals, including rare earth
elements; and
(B) the extraction of critical minerals, including rare
earth elements, from various

[[Page S2795]]

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, and oil shale.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program under paragraph
(1) $30,000,000 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, in consultation with
the Secretary of the Interior, 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, refining, separation,
melting, or production of critical minerals, including rare
earth elements.

Subtitle B--Critical Mineral Development and Technology Support

SEC. 6421. IMPROVING DOMESTIC PERMITTING PROCESSES.

(a) In General.--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--
(1) 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
(2) with respect to a project that requires an
environmental impact statement under that section, 24 months.
(b) 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 that Act to be 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.
(c) Schedule for Permitting Process.--For any critical
mineral project for which the lead agency cannot make the
determination described in subsection (b)(1), 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 that Act;
(3) the scope of, and schedule for, the baseline studies
required to prepare an environmental impact statement or
similar analysis required under that Act;
(4) preparation of any draft environmental impact statement
or similar analysis required under that Act;
(5) preparation of a final environmental impact statement
or similar analysis required under that 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.
(d) Considerations.--In carrying out this section, 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.
(e) 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 the critical mineral project, shall, on request of the
project sponsor, a State or local government, an Indian
Tribe, or another entity the lead agency determines
appropriate, establish a memorandum of agreement with the
project sponsor, a State or local government, an Indian
Tribe, or another entity the lead agency determines
appropriate to carry out the activities described in this
section.
(f) 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.

SEC. 6422. TECHNOLOGY GRANTS TO STRENGTHEN DOMESTIC MINING
WORKFORCE.

(a) Definition of Mining School.--In this section, the term
``mining school'' means--
(1) 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 defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)); and
(2) a geology or engineering program or department that is
located at an institution of higher education (as so defined)
located in a State the gross domestic product of which in
2020 was not less than $1,000,000,000 in the category
``Mining, quarrying, and oil & gas extraction'', according to
the Bureau of Economic Analysis.
(b) Grant Program.--The Secretary, in coordination with the
Secretary of the Interior, shall establish a competitive
grant program under which an entity receiving a grant shall
carry out a study, research project, or demonstration project
relating to the production of critical minerals, including
relating to--
(1) enhancing and supporting mining and mineral engineering
programs at mining schools;
(2) mining, mineral extraction efficiency, and related
processing technology;
(3) reclamation technology and practices for active mining
operations;
(4) the development of remining systems and technologies
that facilitate reclamation that fosters the recovery of
resources at abandoned mine sites;
(5) critical mineral extraction methods that reduce
environmental and human impacts;
(6) technologies to extract, refine, separate, melt, or
produce rare earth elements;
(7) reducing dependence on foreign energy and mineral
supplies through increased domestic critical mineral
production;
(8) enhancing the competitiveness of United States energy
and mineral technology exports;
(9) the extraction or processing of coinciding
mineralization, including rare earth elements, within coal,
coal processing byproduct, overburden or coal residue;
(10) enhancing technologies and practices relating to
mitigation of acid mine drainage, reforestation, and
revegetation in the reclamation of land and water resources
adversely affected by mining;
(11) enhancing exploration and characterization of new or
novel deposits, including rare earth elements and critical
minerals within phosphate rocks, uranium bearing deposits,
and other non-traditional sources;
(12) meeting challenges of extreme mining conditions, such
as deeper deposits or offshore or cold region mining; and
(13) mineral economics, including analysis of supply
chains, future mineral needs, and unconventional mining
resources.
(c) Minimum Amount for Mining Schools.--The Secretary shall
use not less than 70 percent of the amounts made available
for the grant program established under subsection (b) for
each fiscal year to provide grants for the purpose described
in paragraph (1) of that subsection.
(d) Public Participation.--In carrying out this section,
the Secretary shall--
(1) consult with relevant stakeholders; and
(2) provide to undergraduate and graduate students at
mining schools significant opportunities for participation.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2022 through 2026.
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