Current status is Read twice and referred to the Committee on Energy and Natural Resources.

119th CONGRESS

1st Session

S. 2860

1. Short title
2. Findings
3. Definitions
4. Strategic seabed critical mineral access

1. Short title

This Act may be cited as the "Revitalizing America’s Offshore Critical Minerals Dominance Act".

2. Findings

Congress finds that—

(1) - the United States has a core national security and economic interest in maintaining leadership in deep sea science and technology and seabed mineral resources;

(2) - the United States faces unprecedented economic and national security challenges in securing reliable supplies of critical minerals independent of foreign adversary control;

(3) - vast offshore seabed areas hold critical minerals and energy resources;

(4) - offshore seabed resources are key to strengthening the economy of the United States, securing the energy future, and reducing dependence on foreign suppliers for critical minerals;

(5) - the United States controls seabed mineral resources in 1 of the largest ocean areas of the world;

(6) - the United States can, through the exercise of existing authorities and by establishing international partnerships, access potentially vast resources in seabed polymetallic nodules, other subsea geologic structures, and coastal deposits containing strategic minerals such as nickel, cobalt, copper, manganese, titanium, and rare earth elements, which are vital to the national security and economic prosperity of the United States;

(7) - the United States must take immediate action to accelerate the responsible development of seabed mineral resources, quantify the endowment of seabed minerals of the United States, reinvigorate United States leadership in associated extraction and processing technologies, and ensure secure supply chains for the defense, infrastructure, and energy sectors of the United States; and

(8) - it is the policy of the United States to advance United States leadership in seabed mineral development by—

(A) - rapidly developing domestic capabilities for the exploration, characterization, collection, and processing of seabed mineral resources through streamlined permitting without compromising environmental and transparency standards;

(B) - supporting investment in deep sea science, mapping, and technology;

(C) - enhancing coordination among executive departments and agencies with respect to seabed mineral development activities described in this Act;

(D) - establishing the United States as a global leader in responsible seabed mineral exploration, development technologies, and practices, and as a partner for countries developing seabed mineral resources in areas within their national jurisdictions, including their exclusive economic zones;

(E) - creating a robust domestic supply chain for critical minerals derived from seabed mineral resources to support economic growth, reindustrialization, and military preparedness, including through new processing capabilities; and

(F) - strengthening partnerships with allies and industry to counter the growing influence of China over seabed mineral resources, and to ensure that United States companies are well-positioned to support allies and partners interested in developing seabed minerals responsibly in areas within their national jurisdictions, including their exclusive economic zones.

3. Definitions

In this Act:

(1) Commercial recovery - The term commercial recovery has the meaning given the term in section 4 of the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1403).

(2) 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)).

(3) Exploration - The term exploration has the meaning given the term in section 4 of the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1403).

(4) Lease - The term lease has the meaning given the term in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331).

(5) Mineral - The term mineral means—

(A) - a critical mineral;

(B) - uranium;

(D) - potash;

(E) - gold; and

(F) - any other element or compound that the Chair of the National Energy Dominance Council determines appropriate.

(6) Outer Continental Shelf - The term outer Continental Shelf has the meaning given the term in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331).

(7) Processing - The term processing includes the concentration, separation, refinement, alloying, and conversion of minerals into usable forms.

(8) Prospecting - The term prospecting has the meaning given the term geological and geophysical (G&G) prospecting activities in section 580.1 of title 30, Code of Federal Regulations (or a successor regulation).

(9) Seabed mineral resource - The term seabed mineral resource means a mineral-bearing material located in the seabed of the outer Continental Shelf, including—

(A) - a polymetallic nodule;

(B) - a cobalt-rich ferromanganese crust;

(D) - a heavy mineral sand; and

(E) - a phosphorite.

(10) United States company - The term United States company has the meaning given the term United States citizen in section 4 of the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1403).

4. Strategic seabed critical mineral access

(a) Expediting issuance of certain authorizations -

(1) Deep Seabed Hard Mineral Resources Act - Not later than 60 days after the date of enactment of this Act, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Secretary of State and Secretary of the Interior, acting through the Director of the Bureau of Ocean Energy Management, shall—

(A) - expedite the process for reviewing and issuing licenses for exploration and permits for commercial recovery under the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1401 et seq.); and

(B) - carry out subparagraph (A) in a manner ensuring efficiency, predictability, and competitiveness for United States companies.

(2) Outer Continental Shelf Lands Act - Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall—

(A) - establish an expedited process for reviewing and approving permits for prospecting and granting leases under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and

(B) - carry out subparagraph (A) in a manner ensuring efficiency, predictability, and competitiveness for United States companies.

(b) Seabed mapping plan - Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior, in consultation with the Secretary of State, the Secretary of Commerce, and the heads of other relevant Federal departments and agencies, and in cooperation with commercial and other nongovernmental organizations, shall develop a plan to map priority areas of the seabed and outer Continental Shelf of the United States, to include extended areas of the outer Continental Shelf, such as those with abundant or accessible seabed mineral resources, to accelerate data collection and characterization.

(c) Identification of certain critical minerals - Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall—

(1) - identify critical minerals that may be derived from seabed mineral resources; and

(2) - in coordination with the Secretary of Defense and Secretary of Energy, determine which critical minerals derived from seabed mineral resources are essential for applications such as defense infrastructure, manufacturing, and energy.

(d) Engagement with key partners and allies -

(1) In general - Not later than 60 days after the date of enactment of this Act, the Secretary of Commerce, in coordination with the Secretary of State, Secretary of the Interior, and Secretary of Energy, shall engage with key partners and allies to offer support for seabed mineral resource exploration, extraction, processing, and environmental monitoring in areas within the jurisdictions of such key partners and allies, including by—

(A) - seeking scientific collaboration and commercial development opportunities for United States companies; and

(B) - developing a prioritized list of foreign countries for engagement.

(2) Key partner or ally determination -

(A) In general - The Secretary of State shall determine whether an entity is a key partner or ally for the purposes of paragraph (1) based on several factors, including—

(i) - existing agreements with the United States;

(ii) - alignment with strategic interests of the United States; and

(iii) - participation in joint initiatives.

(B) Notification - The Secretary of State shall notify the Secretary of Commerce, Secretary of the Interior, and Secretary of Energy of any determination made under subparagraph (A).

(e) Reports - Not later than 60 days after the date of enactment of this Act—

(1) - the Secretary of the Interior, in coordination with the Secretary of Commerce and Secretary of Energy, and in consultation with the heads of other relevant Federal departments and agencies, shall submit to the Committees on Energy and Natural Resources and Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report that identifies private sector interest in and opportunities for seabed mineral resource exploration and mining on the outer Continental Shelf, in areas beyond national jurisdiction, and in areas within the jurisdiction of a foreign country that expresses interest in partnering with United States companies with respect to seabed mineral resource development; and

(2) - the Secretary of the Interior, jointly with the Secretary of State, Secretary of Commerce, and Secretary of Energy, shall submit to the Committees on Energy and Natural Resources and Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report regarding the feasibility of an international benefit-sharing mechanism for seabed mineral resource extraction and development that occurs in an area beyond the jurisdiction of any country.

(f) Rules of construction - Nothing in this Act—

(1) - impairs or otherwise affects the authority granted by law to any executive department or agency; or

(2) - creates any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, any department, agency, or entity of the United States, any officer, employee, or agent of the United States, or any other person.

119-S2860