S1463-119

1. Short title This Act may be cited as the Finding Opportunities for Resource Exploration Act or the Finding ORE Act.

2. Definitions In this Act: The term allied foreign country means a country with which the United States has entered into a mutual defense treaty or other mutual defense agreement. 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.

3. Memorandum of understanding with respect to the mapping of critical minerals and rare earth elements 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 subsection (a), the Secretary shall seek to increase the security and resilience of international supply chains for critical minerals and rare earth elements by— committing to assisting the partner foreign country through cooperative activities described in subsection (c) that help the partner foreign country map reserves of critical minerals and rare earth elements; 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; facilitating private-sector investment in the exploration and development of critical minerals and rare earth elements, including by leveraging preferential financing from entities such as the United States International Development Finance Corporation and the Export-Import Bank of the United States that prioritizes projects committed to processing minerals in the United States or an allied foreign country; and ensuring that mapping data created through the cooperative activities described in subsection (c) 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 subsection (b) 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 paragraphs (1) through (4); 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. The Secretary shall notify Congress not later than 30 days before the Secretary intends to enter into a memorandum of understanding under subsection (a). The Secretary shall collaborate with the Secretary of State in— prioritizing and selecting partner foreign countries with which to enter into a memorandum of understanding under subsection (a); negotiating a memorandum of understanding under subsection (a); and implementing a memorandum of understanding entered into under subsection (a). 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 subsection (a); 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 subsection (b).

1. Short title This Act may be cited as the Finding Opportunities for Resource Exploration Act or the Finding ORE Act.

2. Sense of Congress It is the sense of Congress that the United States should prioritize, to the greatest extent practicable, the onshoring of critical mineral processing.

3. Definitions In this Act: 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.

4. Memorandum of understanding with respect to the mapping of critical minerals and rare earth elements 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 subsection (a), the Secretary shall seek to increase the security and resilience of international supply chains for critical minerals and rare earth elements by— committing to assisting the partner foreign country through cooperative activities described in subsection (c) that help the partner foreign country map reserves of critical minerals and rare earth elements; 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; facilitating private-sector investment in the exploration and development of critical minerals and rare earth elements; and ensuring that mapping data created through the cooperative activities described in subsection (c) 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 subsection (b) 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 paragraphs (1) through (4); 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 subsection, 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 subsection (a), the Secretary shall— 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. 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 subsection (a); negotiating a memorandum of understanding under subsection (a); implementing a memorandum of understanding entered into under subsection (a), including through the use of funds made available to the Secretary of State; and carrying out subsection (d). 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 subsection (a); 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 subsection (b).

5. Savings clause Nothing in this Act impedes or otherwise alters any authority of the Director of the United States Geological Survey provided by— the matter under the heading GEOLOGICAL SURVEY of the first section of the Act of March 3, 1879 (43 U.S.C. 31(a)); or the first section of Public Law 87–626 (43 U.S.C. 31(b)).