Hearings to examine S.362, to allow certain Federal minerals to be mined consistent with the Bull Mountains Mining Plan Modification, S.544, to provide for the location of multiple hardrock mining mill sites, to establish the Abandoned Hardrock Mine Fund, S.596, to establish a pilot program to support domestic critical material processing, S.714, to amend the Energy Act of 2020 to include critical materials in the definition of critical mineral, S.789, to require reports on critical mineral and rare earth element resources around the world and a strategy for the development of advanced mining, refining, separation, and processing technologies, and S.859, to modify the requirements applicable to locatable minerals on public domain land.

Committee on Energy and Natural Resources

2025-03-12

Source: Congress.gov

Summary

The committee convened a bipartisan hearing to examine six bills aimed at strengthening domestic mining and mineral processing, addressing supply chain vulnerabilities tied to foreign reliance, particularly China. Witnesses from the mining industry, environmental groups, and policy experts emphasized the urgent need for regulatory reform, including updating outdated 1872 mining laws, streamlining permitting processes, and increasing funding for abandoned mine cleanup. Key topics included the inconsistency between the Department of Interior and Department of Energy's critical mineral lists, the need for a net royalty instead of a gross one to avoid deterring investment, and the importance of domestic processing to ensure national security and economic resilience. The hearing also highlighted the significant backlog of abandoned mine sites and called for dedicated funding, expanded state regulatory authority, and greater coordination across federal agencies to modernize U.S. mineral policies and support critical infrastructure development.

Participants

Transcript

Welcome to the committee's first legislative hearing of the 119th Congress.  Today we'll receive testimony on six bills listed in the notice for today's hearing.  All these bills address domestic mining and mineral processing, related reporting and public information.  Four of these measures have bipartisan co-sponsors and a fifth has received some bipartisan support.  Having served on this committee since 2011,   I'm keenly aware that the United States has fallen behind China and other nations when it comes to mining and mineral processing.  Today's hearing represents a first step in developing a legislative record on measures to address this very problem.  Of course, not all of us will support each measure on which the committee will hear testimony today.  I don't support all the bills listed on the notice for today's hearing.  For example, although I agree that America needs to process more   non-fuel minerals here at home.  And I appreciate that Senator Hickenlooper's bill, S-596, has Republican co-sponsors.  I've got strong reservations about the pilot program that this legislation would establish.  Also, I included Senator Lujan's bill, S-859, in today's hearing as a courtesy.  Senators Heinrich Weiden and Padilla are co-sponsors, along with a number of Democratic colleagues.   Today's hearing is reflective of my intent to sharpen the committee's focus on legislation without diminishing our other responsibilities to consider presidential nominations or to conduct oversight within our committee's jurisdiction.  We'll begin by moving pending nominations through the committee as soon as we have the requisite paperwork on these additional nominations.   I want to thank Ranking Member Heinrich and all the members of the Committee for helping identify the six bills that we will receive testimony on this morning.
After I conclude my opening statement, we'll hear from Senator Heinrich for his opening statement.  And thereafter, I'll introduce our distinguished panel of witnesses.  We'll hear the witness testimony and then move to a round of questions from members.   Members will have five minutes for their questions and will alternate between senators on one side of the dais and then the other.  If you're here today, it's because you understand that America's economic strength and national security hinge ultimately on securing a reliable supply of key materials.  Currently, a majority of the world's mineral extraction and refinement are controlled by adversarial countries.   We've seen what happens when we rely on these nations for essential resources.  Supply chain disruptions, economic vulnerabilities, and ultimately, tragically, national security risks.  It's time to fix that.  The resources are here, right here in the United States.  We just need the right policies in order for us to be able to unleash them.  My home state of Utah, for example, has 40 of the 50 minerals   deemed essential by the U.S. Geological Survey.  Yet bureaucratic delays and inconsistent regulations create often insurmountable barriers to domestic production.  A 2024 S&P Global survey found that U.S.-based mineral projects take an average of 29 years to move from discovery to production.  That's the second longest timeline in the world.   To put that in perspective, if a mine were needed for defense applications during World War I using today's permitting timelines, it wouldn't be operational until after World War II had come to an end.  That is unacceptable.  It's one of the reasons why I've introduced the Critical Mineral Consistency Act with my colleague from Arizona, Senator Mark Kelly.