Ensuring Access to Domestic Mineral Production Act

Ensuring Access to Domestic Mineral Production Act

This bill limits the authority of the Department of the Interior to withdraw federal public lands from mineral exploration.

Specifically, the bill prohibits Interior from making such a withdrawal until a study has been completed that demonstrates that the proposed withdrawal will not result in any negative impacts to national security by limiting access to critical minerals.

In addition, the bill requires Interior to obtain the approval of Congress before withdrawing federal public lands in excess of 5,000 acres.

Before any withdrawal is initiated, the U.S. Geological Survey must conduct a mineral assessment to ensure that the minerals to be withdrawn by a proposed withdrawal do not impede the ability of the United States or its allies to procure a secure supply chain of essential resources needed for the U.S. economy and allied nations, including resources for national security and for U.S. energy infrastructure.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2176 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 2176

 To provide for the continued and uninterrupted production of domestic 
                     minerals in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 2021

 Mr. Stewart introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
Agriculture, 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 provide for the continued and uninterrupted production of domestic 
                     minerals in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Access to Domestic Mineral 
Production Act''.

SEC. 2. DEFINITIONS.

    In this Act:
     (a) Withdrawal.--The term ``withdrawal'' means withholding an area 
of Federal public land from the location of new mining claim, purchase 
and from mining activities such as exploration and mine development in 
accordance with 43 U.S.C. Sec.  1702(j); 43 C.F.R. Sec.  2300-0-5(h).
    (b) Secretary.--The term ``Secretary'' means either the Secretary 
of the Interior or the Secretary of Agriculture or their designee.

SEC. 3. CONGRESSIONAL FINDINGS.

    (a) In General.--Congress finds that production of domestic 
minerals is essential to U.S. economic and national security and 
necessary to provide the essential resources needed for the U.S. 
economy and allied nations, including--
            (1) for the national defense and national security 
        requirements;
            (2) for the energy infrastructure of the United States, 
        including--
                    (A) pipelines;
                    (B) refining capacity;
                    (C) electrical power generation and transmission; 
                and
                    (D) renewable energy production;
            (3) for community resiliency, coastal restoration, and 
        ecological sustainability for the coastal United States;
            (4) to support domestic manufacturing, agriculture, 
        housing, telecommunications, healthcare, and transportation 
        infrastructure; or
            (5) for the economic security of, and balance of trade in, 
        the United States.
    (b) Withdrawals of Lands Pursuant to Section 204 of the Federal 
Land Policy and Management Act (FLPMA).--In enacting FLPMA to govern 
withdrawals of Federal lands and mineral assessment of lands prior to 
any withdrawal, Congress expressly intended to--
            (1) limit the Secretary's authority to withdraw more than 
        five thousand acres; and
            (2) provide a mechanism for Congress to disapprove 
        withdrawals that exceed five thousand acres.

SEC. 4. LIMITATIONS ON MINERAL WITHDRAWALS.

    (a) Congress prohibits the Secretary from any mineral withdrawal 
until a mineral study has been completed, as required under Section 204 
of FLPMA, that demonstrates that the proposed withdrawal will not 
result in any negative impacts to U.S. national security by limiting 
access to critical minerals.
    (b) Congress prohibits the Secretary from withdrawing Federal lands 
in excess of five thousand acres unless the withdrawal is expressly 
approved by Congress.
    (c) Prior to any withdrawal being initiated, the U.S. Geological 
Survey--in consultation with the Department of Defense, Department of 
State, and the U.S. Trade Representative--will conduct a mineral 
assessment to ensure that the minerals to be withdrawn by a proposed 
withdrawal does not impede the ability of the U.S. or its allies to 
procure a secure supply chain of mineral resources necessary for 
activities designated in Section 3(a), and in turn, result in negative 
impacts on--
            (1) U.S. economic or national security;
            (2) U.S. allies economic or national security; or
            (3) the ability to ensure an appropriate balance of trade.

SEC. 5. MINERAL ASSESSMENT.

    (a) Any mineral assessment conducted prior to any withdrawal being 
initiated must--
            (1) include ample opportunity for input from the public 
        including mineral and mining interests;
            (2) include forecasted impacts to U.S. and allied nations 
        economic and national security;
            (3) include forecasted impacts to U.S. mineral supply 
        chains;
            (4) be completed no more than 12 months prior to the 
        withdrawal;
            (5) evaluate the impacts of continued mineral import 
        reliance from foreign sources, including geopolitical 
        adversaries;
            (6) include a comprehensive geological mapping and analysis 
        by USGS of the likelihood of the presence of critical minerals 
        within the withdrawal area; and
            (7) include an analysis, conducted by the Department of 
        Defense, of the impacts of the withdrawal on national security, 
        including--
                    (A) vulnerabilities to national security of 
                preventing access to domestic minerals located in the 
                withdrawal area.
                                 <all>