US House passes Critical Mineral Consistency Act of 2024

William Gleason

November 14, 2024

The U.S. House passed the Critical Minerals Consistency Act of 2024, an energy-focused bill that would include language to add copper to the federal critical minerals list and add critical materials, as defined by the Department of Energy, to the statutory definition of critical minerals as defined by the U.S. Geological Survey.

The legistlation simplifies and streamlines interagency coordination between the U.S. Geological Survey (USGS) and teh U.S. Department of Energy (DOE) in determining which elements and minerals are most necessary for U.S. national, economic and energy security. The bill passed by a bipartisan vote of 245-155.

Arizona senior Senator Kyrsten Sinema and Republican Senator Mike Lee (Utah) introduced the Senate companion to the Critical Mineral Consistency Act. This bill aims to ensure consistency between the two lists and streamline the permitting process for vital mining projects. The House version was introduced by Republican Representative Juan Ciscomani (AZ-06).

Sinema’s Critical Mineral Consistency Act ensures critical mineral mining projects, including copper mining projects, are eligible for the FAST-41 permitting process – a program that improves agency coordination and establishes two-year completion goals, creating a more efficient, predictable and timely federal environmental review process for covered projects.

“Adding critical materials to the statutory definition of critical minerals will ensure parity between the two lists, streamline permitting and strengthen our domestic supply chain, while allowing copper and other critical material projects to deploy more efficiently in Arizona,” Sinema’s office said in a statement.

“Arizona leads the way in our national defense and energy future. Our legislation boosts the responsible production of copper and other critical materials, strengthens our national security, reduces reliance on foreign countries and fuels economic opportunities,” said Sinema.

“America’s energy future and security depend on access to critical minerals that power everything from technology to national defense,” said Lee. “Aligning the definitions of critical minerals will help prevent bottlenecks in the permitting process and ensures we can develop the resources needed for a more secure, self-reliant America.”

Since 2018, the risks of disruption to global copper supplies, particularly from adversarial countries like China and Russia, have only increased. In addition, the share of copper consumption that is met by net imports has increased from 33 percent in 2018 to 44 percent in 2021, and 41 percent in 2022. According to trade data from USGS, in the first half of 2022, the net import reliance stood at 48 percent. In 2021 Russia, China, Iran and North Korea now account for half of all non-U.S. global refined copper production.

Senator Sinema has long called for copper projects to become eligible under FAST-41. In November 2023, Sinema sent a letter to the Director of the Federal Permitting Improvement Steering Council (FPISC) in November 2023 criticizing a proposed rule that officially limits covered projects to the critical materials list. In February of 2023, Sinema sent a letter to the U.S. Department of the Interior (DOI) Secretary Deb Haaland calling for the agency to revisit and consider the designation of copper as a critical mineral.

 

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