Sec. 1076. Finding opportunities for resource exploration
864 words·~4 min read·
/bill/119/s/2296/es/section-1076A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the sense of Congress that the United States should prioritize, to the greatest extent practicable, the onshoring of critical mineral processing. In this section: The term allied foreign country means a member country of the North Atlantic Treaty Organization or a country that has been designated as a major non-NATO ally under section 517 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321k ). 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) ).
The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term partner foreign country means a country that is a source of a critical mineral or rare earth element. The term rare earth element means cerium, dysprosium, erbium, europium, gadolinium, holmium, lanthanum, lutetium, neodymium, praseodymium, promethium, samarium, scandium, terbium, thulium, ytterbium, or yttrium. The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey.
The Secretary may enter into a memorandum of understanding with 1 or more heads of agencies of partner foreign countries with respect to scientific and technical cooperation in the mapping of critical minerals and rare earth elements. In negotiating a memorandum of understanding under paragraph (1), the Secretary shall seek to increase the security and resilience of international supply chains, to the maximum extent practicable, for critical minerals and rare earth elements by— committing to assisting the partner foreign country through cooperative activities described in paragraph
(3)that help the partner foreign country map reserves of critical minerals and rare earth elements; and ensuring that mapping data created through the cooperative activities described in paragraph
(3)is protected against unauthorized access by, or disclosure to, governmental or private entities based in countries that are not— a party to the memorandum of understanding; or an allied foreign country. The cooperative activities referred to in paragraphs
(2)and (5)(A)(ii) include— acquisition, compilation, analysis, and interpretation of geologic, geophysical, geochemical, and spectroscopic remote sensing data; prospectivity mapping and mineral resource assessment; analysis of geoscience data, including developing derivative map products that can help more effectively evaluate the mineral resources of the partner foreign country; scientific collaboration to enhance the understanding and management of the natural resources of the partner foreign country to contribute to the sustainable development of the mineral resources sector of that partner foreign country; training and capacity building in each area described in subparagraphs
(A)through (D); facilitation of education and specialized training in geoscience and mineral resource management at institutions of higher education; training in relevant international standards for relevant officials of the government and private companies of the partner foreign country; and cooperation among entities of the partner foreign country that are a party to the memorandum of understanding and entities in the United States, including Federal departments and agencies, institutions of higher education, research centers, and private companies. In this paragraph, the term appropriate committees of Congress means— the Committees on Energy and Natural Resources, Foreign Relations, and Appropriations of the Senate; and the Committees on Natural Resources, Foreign Affairs, and Appropriations of the House of Representatives. Not later than 30 days before the Secretary intends to enter into a memorandum of understanding under paragraph (1), the Secretary and the Secretary of State shall jointly— notify the appropriate committees of Congress; and submit to the appropriate committees of Congress a report detailing the implementing partners, scope of the memorandum of understanding, activities to be undertaken, estimated costs, and source of funding. For purposes of negotiating and implementing the memorandum of understanding under paragraph (1), the Secretary of State shall be responsible for matters relating to— ensuring that private companies headquartered in the United States or an allied foreign country are offered the right of first refusal in the further development of critical minerals and rare earth elements in the partner foreign country; and facilitating private-sector investment in the exploration and development of critical minerals and rare earth elements. The Secretary shall obtain the concurrence of the Secretary of State in— prioritizing and selecting partner foreign countries with which to enter into a memorandum of understanding under paragraph (1); negotiating a memorandum of understanding under paragraph (1); implementing a memorandum of understanding entered into under paragraph (1); and carrying out paragraphs
(4)and (6). The Secretary shall consult with relevant private sector actors, as the Secretary determines to be appropriate, in— prioritizing and selecting partner foreign countries with which to enter into a memorandum of understanding under paragraph (1); and assessing how a memorandum of understanding can best facilitate private sector interest in pursuing the further development of critical minerals and rare earth elements in accordance with the objectives described in paragraph (2). Nothing in this section impedes or otherwise alters any authority of the Director of the United States Geological Survey provided by— the matter under the heading of the first section of the Act of March 3, 1879 ( GEOLOGICAL SURVEY 43 U.S.C. 31(a) ); or the first section of Public Law 87–626 ( 43 U.S.C. 31(b) ).
Connectionstraces to 4
1 reference not yet in our index
- Pub. L. 87-626
Citation graph
cites case law
Sec. 1076
Finding opportunities for resource exploration
Pub. L.Pub. L. 87-626
Cites 5Cited by 0 across 0 sources