Sec. 201. Resource assessment and study required for withdrawal
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Federal lands and waters may not be withdrawn from entry under the mining laws or operation of the mineral leasing and mineral materials laws unless— a quantitative and qualitative geophysical and geological mineral resource assessment of the impacted area has been completed during the 10-year period ending on the date of such withdrawal or has been certified as current by the Director of the United States Geological Survey; or United States Geological Survey, in consultation with the Department of Defense, Department of State, and the United States Trade Representative, conducts a mineral assessment to ensure that the minerals to be withdrawn by a proposed withdrawal does not impede the ability of the United States or its allies to procure a secure supply chain of mineral resources, and in turn, result in negative impacts on— the economic or national security of the United States or an ally of the United States; the ability of the United States to ensure an appropriate balance of trade; or the ability of the United States to access mineral resources certified as responsibly sourced and not acquired through the use of child or slave labor.
If a resource assessment completed by the Director of the United States Geological Survey shows that a previously undiscovered deposit is likely present in an area that has been withdrawn from entry under the mining laws or operation of the mineral leasing and mineral materials laws pursuant to— section 204 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1714 ), the Secretary shall update the existing Resource Management Plan for such area; or chapter 3203 of title 54, United States Code, the Secretary shall provide recommendations to the President on appropriate measures to reduce unnecessary impacts that the withdrawal may have on critical mineral exploration, development, and other mining activities.
Before a resource management plan under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) is updated or completed, the Secretary or Secretary of Agriculture, as applicable, shall, in consultation with the Director of the United States Geological Survey— review a quantitative and qualitative mineral resource assessment that was completed or updated during the 10-year period ending on the date the resource management plan is updated or completed or is certified as current by the Director of the United States Geological Survey for the geographic area affected by the resource management plan; and in consultation with the Departments of Commerce and Defense, consider the economic, strategic and national security value of mineral deposits in the impacted geographic area affected by the resource management plan.
In this section, the term previously undiscovered deposit means a deposit that has been previously evaluated by the United States Geological Survey and found to be of low mineral potential but upon subsequent evaluation is determined to have recoverable quantities of a critical mineral.
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