Sec. 102. Critical mineral designations

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Not later than 90 days after the date of enactment of this Act, the Director of the United States Geological Survey (referred to in this title as the Director ), in consultation with relevant Federal agencies and entities, shall publish in the Federal Register for public comment a draft methodology for determining which minerals qualify as critical minerals based on an assessment of whether the minerals are— subject to potential supply restrictions (including restrictions associated with foreign political risk, abrupt demand growth, military conflict, violent unrest, anti-competitive or protectionist behaviors, and other risks throughout the supply chain); and important in use (including energy technology-, defense-, currency-, agriculture-, consumer electronics-, and health care-related applications).

If available data is insufficient to provide a quantitative basis for the methodology developed under this section, qualitative evidence may be used to the extent necessary. After reviewing public comments on the draft methodology under subsection

(a)and updating the draft methodology as appropriate, not later than 270 days after the date of enactment of this Act, the Director shall publish in the Federal Register a description of the final methodology for determining which minerals qualify as critical minerals. For purposes of carrying out this title, the Director shall maintain a list of minerals and elements designated as critical, pursuant to the methodology under subsection (c). Subject to paragraph (1), not later than 1 year after the date of enactment of this Act, the Director shall publish in the Federal Register an initial list of minerals designated as critical pursuant to the final methodology under subsection

(c)for the purpose of carrying out this title. Notwithstanding the criteria under subsection (a), any mineral or element determined by another Federal agency to be strategic and critical to the defense or national security of the United States may be— considered to be a critical mineral; and included on the list developed by the Director under this subsection. The Director shall review the methodology and designations under subsections

(c)and

(d)at least every 2 years, or more frequently as the Director considers to be appropriate. Subject to subsection (d)(1), the Director may— revise the methodology described in this section; determine that minerals or elements previously determined to be critical minerals are no longer critical minerals; and designate additional minerals or elements as critical minerals. On finalization of the methodology under subsection (c), the list under subsection (d), or any revision to the methodology or list under subsection (e), the Director shall submit to Congress written notice of the action.