S.Amdt. 2238

SA 2238. Mr. WYDEN submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in title II of division D, insert
the following:

SEC. 402__. CRITICAL MINERAL MINING 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, processing, refining, alloying, separating,
smelting, concentrating, or beneficiating 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 critical minerals identified by the Secretary and
the Secretary of Defense under subsection (b)(2)(A).
(4) Program.--The term ``program'' means the competitive
grant program established under subsection (b)(1).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Program Establishment.--
(1) In general.--The Secretary, in coordination with the
Secretary of Defense, shall establish a program to use
amounts from the Defense Production Act Fund under section
304 of the Defense Production Act of 1950 (50 U.S.C. 4534) to
award competitive grants to eligible entities for the
processing, refining, alloying, separating, smelting,
concentrating, or beneficiating of eligible minerals.
(2) Determination; identification.--
(A) Eligible minerals.--Not later than 1 year after the
date of enactment of this Act, the Secretary and the
Secretary of Defense, in coordination with the National
Economic Council, shall jointly identify 10 critical minerals
that are the most critical for manufacturing.
(B) Suitable locations.--The Secretary, in coordination
with the Secretary of Defense, shall identify Federal and
non-Federal land for which it is economically feasible and
environmentally sound to mine the eligible minerals.
(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) in the determination of the Secretary of Defense, in
coordination with the Secretary, 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
clean-up necessary to mine, process, refine, alloy, separate,
smelt, concentrate, or beneficiate eligible minerals on the
Federal and non-Federal land identified under paragraph
(2)(B).
(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) Funding.--Notwithstanding any other provision of law,
of the amounts available in the Defense Production Act Fund
under section 304 of the Defense Production Act of 1950 (50
U.S.C. 4534), the Secretary, in coordination with the
Secretary of Defense, may use

[[Page S5632]]

$50,000,000 each fiscal year to carry out the program.
______