S 714 — Critical Mineral Consistency Act of 2025

changes in existing law made by 
the bill S. 714, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

 Public Law 116-260

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 DIVISION Z--ENERGY ACT OF 2020

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 TITLE VII--CRITICAL MINERALS

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SEC. 7002. MINERAL SECURITY.

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 (c) Critical Mineral Designations.--
 (1) Draft methodology and list.--The Secretary, 
 acting through the Director of the United States 
 Geological Survey (referred to in this subsection as 
 the ``Secretary''), shall publish in the Federal 
 Register for public comment--
 (A) a description of the draft methodology 
 used to identify a draft list of critical 
 minerals;
 (B) a draft list of minerals, elements, 
 substances, and materials that qualify as 
 critical minerals; and
 (C) a draft list of critical minerals 
 recovered as byproducts and their host 
 minerals.
 (2) Availability of data.--If available data is 
 insufficient to provide a quantitative basis for the 
 methodology developed under this subsection, 
 qualitative evidence may be used to the extent 
 necessary.
 (3) Final methodology and list.--After reviewing 
 public comments on the draft methodology and the draft 
 lists published under paragraph (1) and updating the 
 methodology and lists as appropriate, not later than 45 
 days after the date on which the public comment period 
 with respect to the draft methodology and draft lists 
 closes, the Secretary shall publish in the Federal 
 Register--
 (A) a description of the final methodology 
 for determining which minerals, elements, 
 substances, and materials qualify as critical 
 minerals;
 (B) the final list of critical minerals; and
 (C) the final list of critical minerals 
 recovered as byproducts and their host 
 minerals.
 (4) Designations.--
 (A) In general.--For purposes of carrying out 
 this subsection, the Secretary shall maintain a 
 list of minerals, elements, substances, and 
 materials designated as critical, pursuant to 
 the final methodology published under paragraph 
 (3), that the Secretary determines--
 (i) are essential to the economic or 
 national security of the United States;
 (ii) the supply chain of which is 
 vulnerable to disruption (including 
 restrictions associated with foreign 
 political risk, abrupt demand growth, 
 military conflict, violent unrest, 
 anti-competitive or protectionist 
 behaviors, and other risks throughout 
 the supply chain); and
 (iii) serve an essential function in 
 the manufacturing of a product 
 (including energy technology-, defense-
 , currency-, agriculture-, consumer 
 electronics-, and health care-related 
 applications), the absence of which 
 would have significant consequences for 
 the economic or national security of 
 the United States.
 (B) Inclusions.--Notwithstanding the criteria 
 under paragraph (3), the Secretary may 
 designate and include on the list any mineral, 
 element, substance, or material determined by 
 another Federal agency to be strategic and 
 critical to the defense or national security of 
 the United States.
 (C) Required consultation.--The Secretary 
 shall consult with the Secretaries of Defense, 
 Commerce, Agriculture, Health and Human 
 Services, and Energy and the United States 
 Trade Representative in designating minerals, 
 elements, substances, and materials as critical 
 minerals or materials under this paragraph.

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 (n) Administration.--

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 (3) Savings clauses.--
 (A) In general.--Nothing in this section or 
 an amendment made by this section modifies any 
 requirement or authority provided by--
 (i) 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
 (ii) the first section of Public Law 
 87-626 (43 U.S.C. 31(b)).
 (B) Effect on department of defense.--Nothing 
 in this section or an amendment made by this 
 section affects the authority of the Secretary 
 of Defense with respect to the work of the 
 Department of Defense on critical material 
 supplies in furtherance of the national defense 
 mission of the Department of Defense.
 (C) Secretarial order not affected.--This 
 section shall not apply to any mineral 
 described in Secretarial Order 3324, issued by 
 the Secretary on December 3, 2023, in any area 
 to which the order applies.
 (o) Critical Minerals and Materials List.--
 (1) In general.--Not later than 45 days after the 
 date of enactment of the Critical Mineral Consistency 
 Act of 2025, the Secretary shall publish a Critical 
 Minerals and Materials List, which shall include--
 (A) any critical mineral designated by the 
 Secretary under subsection (c); and
 (B) any non-fuel mineral, element, substance, 
 or material that the Secretary of Energy has 
 determined to be a critical material under 
 subsection (a)(2) as of that date of enactment.
 (2) Updates.--The Secretary shall update the Critical 
 Minerals and Materials List published under paragraph 
 (1)--
 (A) not later than 45 days after the date on 
 which the Secretary updates a critical mineral 
 designation under subsection (c); and
 (B) not later than 45 days after the date on 
 which the Secretary of Energy updates a 
 critical material designation under subsection 
 (a)(2).
 (3) Publication alignment.--To the maximum extent 
 practicable, the Secretary and the Secretary of Energy 
 shall coordinate when updates to the Critical Minerals 
 and Materials List may be required under paragraph (2).
 (4) Administration.--For the purposes of 
 administering programs involving critical minerals or 
 critical materials, the Secretary, the Secretary of 
 Energy, and the heads of other Federal departments and 
 agencies where such department or agency has 
 incorporated by reference the definition of `critical 
 mineral' or `critical material' from this section, as 
 applicable, shall use the most recently published 
 version of the Critical Minerals and Materials List 
 published under paragraph (1).
 [o] (p) Authorization of Appropriations.--There is 
authorized to be appropriated to the Secretary to carry out 
this section $50,000,000 for each of fiscal years 2021 through 
2029.