30 U.S.C. § 1601 — Congressional statement of findings; ‘‘ma-

Page 345 TITLE 30—MINERAL LANDS AND MINING § 1601 1 So in original. Should be ‘‘(42 U.S.C. 1962d–17(a)).’’ 2 See References in Text note below. (2) the project involved will comply with all applicable laws relating to protection of the environment, and (3) the applicant requires such assistance to undertake and complete the project. (d) Interest rate; term Each loan made pursuant to this section shall bear interest at a discount or interest rate equal to the rate in effect (at the time the loan is made) for water resources planning projects under section 80 of the Water Resources Devel- opment Act of 1974 (42 U.S.C. 1962(d)–17(a)).1 Each loan shall be for such term as the Sec- retary deems appropriate, but not in excess of ten years for loans under subsection (b) or thirty years for loans under subsection (c). (e) Funding; deposit of amount repaid Loans pursuant to this section shall be made from funds appropriated (pursuant to this sub- chapter) to the Geothermal Resources Develop- ment Fund established under section 1144 2 of this title; and amounts repaid on such loans shall be deposited in the Geothermal Resources Development Fund for purposes of this sub- chapter. (f) Authorization of appropriations For loans under clause (A) of subsection (b)(1) for fiscal year 1981, there is authorized to be ap- propriated to the Geothermal Resources Devel- opment Fund not to exceed $5,000,000, which shall remain available until expended. For loans under such clause (A) for subsequent fiscal years, and for loans under clause (B) of sub- section (b)(1) or under subsection (c) (for any such subsequent fiscal year), there may be ap- propriated to such Fund only such sums as are authorized by legislation hereafter enacted. (g) ‘‘Person’’ defined As used in this section, the term ‘‘person’’ in- cludes municipalities, cooperatives, industrial development agencies, nonprofit organizations, and Indian tribes, as well as the districts re- ferred to in subsection (a) and the other entities included within such term under section 1 of title 1. (Pub. L. 96–294, title VI, § 631, June 30, 1980, 94 Stat. 767.) Editorial Notes REFERENCES IN TEXT Section 1144 of this title, referred to in subsec. (e), was repealed by Pub. L. 116–260, div. Z, title III, § 3002(i)(3), Dec. 27, 2020, 134 Stat. 2495. SUBCHAPTER IV—FEDERAL FACILITIES § 1541. Use of geothermal energy in Federal fa- cilities The option of using geothermal energy or geo- thermal energy resources shall be considered fully in any new Federal building, facility, or in- stallation which is located in a geothermal re- source area as designated by the Secretary. (Pub. L. 96–294, title VI, § 642, June 30, 1980, 94 Stat. 769.) § 1542. Regulations All regulations made with respect to this sub- chapter shall be promulgated no later than six months after June 30, 1980. (Pub. L. 96–294, title VI, § 644, June 30, 1980, 94 Stat. 770.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle D of title VI of Pub. L. 96–294, June 30, 1980, 94 Stat. 768, which enacted this subchapter and former sections 1146 and 1147 of this title and amended former sections 1141 and 1143 of this title and sections 796, 824a–3, 824i, and 824j of Title 16, Conservation. CHAPTER 28—MATERIALS AND MINERALS POLICY, RESEARCH, AND DEVELOPMENT Sec. 1601. Congressional statement of findings; ‘‘mate- rials’’ defined. 1602. Congressional declaration of policies. 1603. Implementation of policies. 1604. Program administration. 1605. Applicability to other statutory national mining and minerals policies. 1606. Mineral security. 1607. Critical minerals supply chains and reli- ability. § 1601. Congressional statement of findings; ‘‘ma- terials’’ defined (a) The Congress finds that— (1) the availability of materials is essential for national security, economic well-being, and industrial production; (2) the availability of materials is affected by the stability of foreign sources of essential industrial materials, instability of materials markets, international competition and de- mand for materials, the need for energy and materials conservation, and the enhancement of environmental quality; (3) extraction, production, processing, use, recycling, and disposal of materials are closely linked with national concerns for energy and the environment; (4) the United States is strongly inter- dependent with other nations through inter- national trade in materials and other prod- ucts; (5) technological innovation and research and development are important factors which contribute to the availability and use of mate- rials; (6) the United States lacks a coherent na- tional materials policy and a coordinated pro- gram to assure the availability of materials critical for national economic well-being, na- tional defense, and industrial production, in- cluding interstate commerce and foreign trade; and (7) notwithstanding the enactment of sec- tion 21a of this title, the United States does not have a coherent national materials and minerals policy. (b) DEFINITIONS.—In this chapter: (1) CRITICAL MINERAL.—The term ‘‘critical mineral’’ means any mineral, element, sub- Page 346 TITLE 30—MINERAL LANDS AND MINING § 1601 stance, or material designated as critical by the Secretary under section 1606(c) of this title. (2) MATERIALS.—The term ‘‘materials’’ means substances, including minerals, of cur- rent or potential use that will be needed to supply the industrial, military, and essential civilian needs of the United States in the pro- duction of goods or services, including those which are primarily imported or for which there is a prospect of shortages or uncertain supply, or which present opportunities in terms of new physical properties, use, recy- cling, disposal or substitution, with the exclu- sion of food and of energy fuels used as such. (Pub. L. 96–479, § 2, Oct. 21, 1980, 94 Stat. 2305; Pub. L. 116–260, div. Z, title VII, § 7002(b)(2), Dec. 27, 2020, 134 Stat. 2563.) Editorial Notes AMENDMENTS 2020—Subsec. (b). Pub. L. 116–260 inserted subsec. heading, substituted ‘‘In this chapter:’’ for ‘‘As used in this chapter,’’ designated remainder of existing provi- sions as par. (2), inserted heading, and substituted ‘‘The term’’ for ‘‘the term’’, and added par. (1). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2025 AMENDMENT Pub. L. 118–233, § 1, Jan. 4, 2025, 138 Stat. 2835, provided that: ‘‘This Act [amending section 1606 of this title] may be cited as the ‘Recognizing the Importance of Critical Minerals in Healthcare Act of 2023’.’’ SHORT TITLE Pub. L. 96–479, § 1, Oct. 21, 1980, 94 Stat. 2305, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘National Materials and Minerals Policy, Research and Development Act of 1980’.’’ Executive Documents EX. ORD. NO. 13817. A FEDERAL STRATEGY TO ENSURE SECURE AND RELIABLE SUPPLIES OF CRITICAL MINERALS Ex. Ord. No. 13817, Dec. 20, 2017, 82 F.R. 60835, as amended by Ex. Ord. No. 13953, § 7, Sept. 30, 2020, 85 F.R. 62543, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Findings. The United States is heavily reli- ant on imports of certain mineral commodities that are vital to the Nation’s security and economic prosperity. This dependency of the United States on foreign sources creates a strategic vulnerability for both its economy and military to adverse foreign government action, natural disaster, and other events that can dis- rupt supply of these key minerals. Despite the presence of significant deposits of some of these minerals across the United States, our miners and producers are cur- rently limited by a lack of comprehensive, machine- readable data concerning topographical, geological, and geophysical surveys; permitting delays; and the poten- tial for protracted litigation regarding permits that are issued. An increase in private-sector domestic explo- ration, production, recycling, and reprocessing of crit- ical minerals, and support for efforts to identify more commonly available technological alternatives to these minerals, will reduce our dependence on imports, pre- serve our leadership in technological innovation, sup- port job creation, improve our national security and balance of trade, and enhance the technological superi- ority and readiness of our Armed Forces, which are among the Nation’s most significant consumers of crit- ical minerals. SEC. 2. Definition. (a) A ‘‘critical mineral’’ is a min- eral identified by the Secretary of the Interior pursu- ant to subsection (b) of this section to be (i) a non-fuel mineral or mineral material essential to the economic and national security of the United States, (ii) the sup- ply chain of which is vulnerable to disruption, and (iii) that serves an essential function in the manufacturing of a product, the absence of which would have signifi- cant consequences for our economy or our national se- curity. (b) The Secretary of the Interior, in coordination with the Secretary of Defense and in consultation with the heads of other relevant executive departments and agencies (agencies), shall publish a list of critical min- erals in the Federal Register not later than 60 days after the date of this order, and disseminate such list to the appropriate agencies. This list shall be updated periodi- cally, following the same process, to reflect current data on supply, demand, and concentration of produc- tion, as well as current policy priorities. SEC. 3. Policy. It shall be the policy of the Federal Government to reduce the Nation’s vulnerability to disruptions in the supply of critical minerals, which constitutes a strategic vulnerability for the security and prosperity of the United States. The United States will further this policy for the benefit of the American people and in a safe and environmentally responsible manner, by: (a) identifying new sources of critical minerals; (b) increasing activity at all levels of the supply chain, including exploration, mining, concentration, separation, alloying, recycling, and reprocessing crit- ical minerals; (c) ensuring that our miners and producers have elec- tronic access to the most advanced topographic, geo- logic, and geophysical data within U.S. territory to the extent permitted by law and subject to appropriate lim- itations for purposes of privacy and security, including appropriate limitations to protect critical infrastruc- ture data such as those related to national security areas; and (d) streamlining leasing and permitting processes to expedite exploration, production, processing, reprocess- ing, recycling, and domestic refining of critical min- erals. SEC. 4. Implementation. (a) Within 180 days of the date that the Secretary of the Interior publishes a list of critical minerals under section 2 of this order, the Sec- retary of Commerce, in coordination with the Secre- taries of Defense, the Interior, Agriculture, and En- ergy, and the United States Trade Representative, shall submit a report to the President through the Assistant to the President for Economic Policy, the Assistant to the President for National Security Affairs, the Direc- tor of the Office of Management and Budget, and the Director of the Office of Science and Technology Pol- icy. The report shall include: (i) a strategy to reduce the Nation’s reliance on crit- ical minerals; (ii) an assessment of progress toward developing crit- ical minerals recycling and reprocessing technologies, and technological alternatives to critical minerals; (iii) options for accessing and developing critical minerals through investment and trade with our allies and partners; (iv) a plan to improve the topographic, geologic, and geophysical mapping of the United States and make the resulting data and metadata electronically acces- sible, to the extent permitted by law and subject to ap- propriate limitations for purposes of privacy and secu- rity, to support private sector mineral exploration of critical minerals; and (v) recommendations to streamline permitting and review processes related to developing leases; enhanc- ing access to critical mineral resources; and increasing discovery, production, and domestic refining of critical minerals. (b) Agencies shall implement subsection (a) of this section in a manner consistent with, and when possible Page 347 TITLE 30—MINERAL LANDS AND MINING § 1601 complementary to, implementation of Executive Order 13771 of January 30, 2017 (Reducing Regulation and Con- trolling Regulatory Costs), Executive Order 13783 of March 28, 2017 (Promoting Energy Independence and Economic Growth), Executive Order 13807 of August 15, 2017 (Establishing Discipline and Accountability in the Environmental Review and Permitting Process for In- frastructure Projects), and Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review). SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals; or (iii) existing treaties or international agreements re- lating to mineral production, imports, or exports. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. EX. ORD. NO. 13953. ADDRESSING THE THREAT TO THE DO- MESTIC SUPPLY CHAIN FROM RELIANCE ON CRITICAL MINERALS FROM FOREIGN ADVERSARIES AND SUP- PORTING THE DOMESTIC MINING AND PROCESSING INDUS- TRIES Ex. Ord. No. 13953, Sept. 30, 2020, 85 F.R. 62539, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code, I, DONALD J. TRUMP, President of the United States of America, find that a strong America cannot be dependent on imports from foreign adversaries for the critical minerals that are increasingly necessary to maintain our economic and military strength in the 21st century. Because of the national importance of re- liable access to critical minerals, I signed Executive Order 13817 of December 20, 2017 (A Federal Strategy To Ensure Secure and Reliable Supplies of Critical Min- erals) [set out above], which required the Secretary of the Interior to identify critical minerals and made it the policy of the Federal Government ‘‘to reduce the Nation’s vulnerability to disruptions in the supply of critical minerals.’’ Pursuant to my order, the Sec- retary of the Interior conducted a review with the as- sistance of other executive departments and agencies (agencies) that identified 35 minerals that (1) are ‘‘es- sential to the economic and national security of the United States,’’ (2) have supply chains that are ‘‘vul- nerable to disruption,’’ and (3) serve ‘‘an essential func- tion in the manufacturing of a product, the absence of which would have significant consequences for our economy or our national security.’’ These critical minerals are necessary inputs for the products our military, national infrastructure, and economy depend on the most. Our country needs crit- ical minerals to make airplanes, computers, cell phones, electricity generation and transmission sys- tems, and advanced electronics. Though these minerals are indispensable to our country, we presently lack the capacity to produce them in processed form in the quantities we need. American producers depend on for- eign countries to supply and process them. For 31 of the 35 critical minerals, the United States imports more than half of its annual consumption. The United States has no domestic production for 14 of the critical min- erals and is completely dependent on imports to supply its demand. Whereas the United States recognizes the continued importance of cooperation on supply chain issues with international partners and allies, in many cases, the aggressive economic practices of certain non- market foreign producers of critical minerals have de- stroyed vital mining and manufacturing jobs in the United States. Our dependence on one country, the People’s Repub- lic of China (China), for multiple critical minerals is particularly concerning. The United States now im- ports 80 percent of its rare earth elements directly from China, with portions of the remainder indirectly sourced from China through other countries. In the 1980s, the United States produced more of these ele- ments than any other country in the world, but China used aggressive economic practices to strategically flood the global market for rare earth elements and displace its competitors. Since gaining this advantage, China has exploited its position in the rare earth ele- ments market by coercing industries that rely on these elements to locate their facilities, intellectual prop- erty, and technology in China. For instance, multiple companies were forced to add factory capacity in China after it suspended exports of processed rare earth ele- ments to Japan in 2010, threatening that country’s in- dustrial and defense sectors and disrupting rare earth elements prices worldwide. The United States also disproportionately depends on foreign sources for barite. The United States imports over 75 percent of the barite it consumes, and over 50 percent of its barite imports come from China. Barite is of critical importance to the hydraulic fracturing (‘‘fracking’’) industry, which is vital to the energy independence of the United States. The United States depends on foreign sources for 100 percent of its gallium, with China producing around 95 percent of the global supply. Gallium-based semiconductors are indis- pensable for cellphones, blue and violet light-emitting diodes (LEDs), diode lasers, and fifth-generation (5G) telecommunications. Like for gallium, the United States is 100 percent reliant on imports for graphite, which is used to make advanced batteries for cellphones, laptops, and hybrid and electric cars. China produces over 60 percent of the world’s graphite and al- most all of the world’s production of high-purity graph- ite needed for rechargeable batteries. For these and other critical minerals identified by the Secretary of the Interior, we must reduce our vul- nerability to adverse foreign government action, nat- ural disaster, or other supply disruptions. Our national security, foreign policy, and economy require a con- sistent supply of each of these minerals. I therefore determine that our Nation’s undue reli- ance on critical minerals, in processed or unprocessed form, from foreign adversaries constitutes an unusual and extraordinary threat, which has its source in sub- stantial part outside the United States, to the national security, foreign policy, and economy of the United States. I hereby declare a national emergency to deal with that threat. In addition, I find that the United States must broad- ly enhance its mining and processing capacity, includ- ing for minerals not identified as critical minerals and not included within the national emergency declared in this order. By expanding and strengthening domestic mining and processing capacity today, we guard against the possibility of supply chain disruptions and future attempts by our adversaries or strategic com- petitors to harm our economy and military readiness. Moreover, additional domestic capacity will reduce United States and global dependence on minerals pro- duced in countries that do not endorse and pursue ap- propriate minerals supply chain standards, leading to human rights violations, forced and child labor, violent conflict, and health and environmental damage. Fi- nally, a stronger domestic mining and processing in- dustry fosters a healthier and faster-growing economy for the United States. Mining and mineral processing provide jobs to hundreds of thousands of Americans whose daily work allows our country and the world to ‘‘Buy American’’ for critical technology. Page 348 TITLE 30—MINERAL LANDS AND MINING § 1601 I hereby determine and order: SECTION 1. (a) To address the national emergency de- clared by this order, and pursuant to subsection 203(a)(1)(B) of IEEPA (50 U.S.C. 1702(a)(1)(B)), the Sec- retary of the Interior, in consultation with the Sec- retary of the Treasury, the Secretary of Defense, the Secretary of Commerce, and the heads of other agen- cies, as appropriate, shall investigate our Nation’s undue reliance on critical minerals, in processed or un- processed form, from foreign adversaries. The Sec- retary of the Interior shall submit a report to the President, through the Assistant to the President for National Security Affairs, the Assistant to the Presi- dent for Economic Policy, and the Assistant to the President for Trade and Manufacturing Policy, within 60 days of the date of this order [Sept. 30, 2020]. That re- port shall summarize any conclusions from this inves- tigation and recommend executive action, which may include the imposition of tariffs or quotas, other im- port restrictions against China and other non-market foreign adversaries whose economic practices threaten to undermine the health, growth, and resiliency of the United States, or other appropriate action, consistent with applicable law. (b) By January 1, 2021, and every 180 days thereafter, the Secretary of the Interior, in consultation with the heads of other agencies, as appropriate, shall inform the President of the state of the threat posed by our Nation’s reliance on critical minerals, in processed or unprocessed form, from foreign adversaries and rec- ommend any additional actions necessary to address that threat. (c) The Secretary of the Interior, in consultation with the heads of other agencies, as appropriate, is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). SEC. 2. (a) It is the policy of the United States that relevant agencies should, as appropriate and consistent with applicable law, prioritize the expansion and pro- tection of the domestic supply chain for minerals and the establishment of secure critical minerals supply chains, and should direct agency resources to this pur- pose, such that: (i) the United States develops secure critical min- erals supply chains that do not depend on resources or processing from foreign adversaries; (ii) the United States establishes, expands, and strengthens commercially viable critical minerals min- ing and minerals processing capabilities; and (iii) the United States develops globally competitive, substantial, and resilient domestic commercial supply chain capabilities for critical minerals mining and processing. (b) Within 30 days of the date of this order, the heads of all relevant agencies shall each submit a report to the President, through the Director of the Office of Management and Budget, the Assistant to the Presi- dent for National Security Affairs, and the Assistant to the President for Economic Policy, that identifies all legal authorities and appropriations that the agency can use to meet the goals identified in subsection (a) of this section. (c) Within 60 days of the date of this order, the heads of all relevant agencies shall each submit a report as provided in subsection (b) of this section that details the agency’s strategy for using the legal authorities and appropriations identified pursuant to that sub- section to meet the goals identified in subsection (a) of this section. The report shall explain how the agency’s activities will be organized and how it proposes to co- ordinate relevant activities with other agencies. (d) Within 60 days of the date of this order, the Direc- tor of the Office of Science and Technology Policy shall submit a report to the President, through the Director of the Office of Management and Budget, the Assistant to the President for National Security Affairs, the As- sistant to the President for Economic Policy, and the Assistant to the President for Trade and Manufac- turing Policy, that describes the current state of re- search and development activities undertaken by the Federal Government that relate to the mapping, ex- traction, processing, and use of minerals and that iden- tifies future research and development needs and fund- ing opportunities to strengthen domestic supply chains for minerals. (e) Within 45 days of the date of this order, the Sec- retary of State, in consultation with the United States Trade Representative, shall submit a report to the President, through the Assistant to the President for National Security Affairs, the Assistant to the Presi- dent for Economic Policy, and the Assistant to the President for Trade and Manufacturing Policy, that de- tails existing and planned efforts and policy options to: (i) reduce the vulnerability of the United States to the disruption of critical mineral supply chains through cooperation and coordination with partners and allies, including the private sector; (ii) build resilient critical mineral supply chains, in- cluding through initiatives to help allies build reliable critical mineral supply chains within their own terri- tories; (iii) promote responsible minerals sourcing, labor, and business practices; and (iv) reduce the dependence of the United States on minerals produced using methods that do not adhere to responsible mining standards. SEC. 3. The Secretary of the Interior, in consultation with the Secretary of Defense, shall consider whether the authority delegated at section 306 of Executive Order 13603 of March 16, 2012 (National Defense Re- sources Preparedness) [50 U.S.C. 4553 note] can be used to establish a program to provide grants to procure or install production equipment for the production and processing of critical minerals in the United States. SEC. 4. (a) Within 30 days of the date of this order, the Secretary of Energy shall develop and publish guidance (and, as appropriate, shall revoke, revise, or replace prior guidance, including loan solicitations) clarifying the extent to which projects that support domestic sup- ply chains for minerals are eligible for loan guarantees pursuant to Title XVII of the Energy Policy Act of 2005, as amended (42 U.S.C. 16511 et seq.) (‘‘Title XVII’’), and for funding awards and loans pursuant to the Advanced Technology Vehicles Manufacturing incentive program established by section 136 of the Energy Independence and Security Act of 2007, as amended (42 U.S.C. 17013) (‘‘the ATVM statute’’). In developing such guidance, the Secretary: (i) shall consider whether the relevant provisions of Title XVII can be interpreted in a manner that better promotes the expansion and protection of the domestic supply chain for minerals (including the development of new supply chains and the processing, remediation, and reuse of materials already in interstate commerce or otherwise available domestically); (ii) shall examine the meaning of the terms ‘‘avoid, reduce, or sequester’’ and other key terms in section 16513(a) of title 42, United States Code, which provides that the Secretary ‘‘may make guarantees under this section only for projects that—(1) avoid, reduce, or se- quester air pollutants or anthropogenic emissions of greenhouse gases; and (2) employ new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued’’; (iii) shall consider whether relevant provisions of the ATVM statute may be interpreted in a manner that better promotes the expansion and protection of the do- mestic supply chain for minerals (including the devel- opment of new supply chains and the processing, reme- diation, and reuse of materials already in interstate commerce or otherwise available domestically), includ- ing in such consideration the application of these pro- visions to minerals determined to be components in- stalled for the purpose of meeting the performance re- quirements of advanced technology vehicles; and (iv) shall examine the meaning of the terms ‘‘quali- fying components’’ and other key terms in subsection 17013(a) of title 42, United States Code. Page 349 TITLE 30—MINERAL LANDS AND MINING § 1602 (b) Within 30 days of the date of this order, the Sec- retary of Energy shall review the Department of Ener- gy’s regulations (including any preambles thereto) in- terpreting Title XVII and the ATVM statute, including the regulations published at 81 Fed. Reg. 90,699 (Dec. 15, 2016) and 73 Fed. Reg. 66,721 (Nov. 12, 2008), and shall identify all such regulations that may warrant revision or reconsideration in order to expand and protect the domestic supply chain for minerals (including the de- velopment of new supply chains and the processing, re- mediation, and reuse of materials already in interstate commerce or otherwise available domestically). Within 90 days of the date of this order, the Secretary shall propose for notice and comment a rule or rules to re- vise or reconsider any such regulations for this pur- pose, as appropriate and consistent with applicable law. SEC. 5. The Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Adminis- trator of the Environmental Protection Agency, the Secretary of the Army (acting through the Assistant Secretary of the Army for Civil Works), and the heads of all other relevant agencies shall, as appropriate and consistent with applicable law, use all available au- thorities to accelerate the issuance of permits and the completion of projects in connection with expanding and protecting the domestic supply chain for minerals. SEC. 6. The Secretary of the Interior, the Secretary of Energy, and the Administrator of the Environmental Protection Agency shall examine all available authori- ties of their respective agencies and identify any such authorities that could be used to accelerate and en- courage the development and reuse of historic coal waste areas, material on historic mining sites, and abandoned mining sites for the recovery of critical minerals. SEC. 7. Amendment. [Amended Ex. Ord. No. 13817, set out above.] SEC. 8. Definitions. As used in this order: (a) the term ‘‘critical minerals’’ means the minerals and materials identified by the Secretary of the Inte- rior pursuant to section 2(b) of Executive Order 13817, as amended by this order; and (b) the term ‘‘supply chain,’’ when used with ref- erence to minerals, includes the exploration, mining, concentration, separation, alloying, recycling, and re- processing of minerals. SEC. 9. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 1602. Congressional declaration of policies It is the continuing policy of the United States to promote an adequate and stable supply of materials necessary to maintain national se- curity, economic well-being and industrial pro- duction with appropriate attention to a long- term balance between resource production, en- ergy use, a healthy environment, natural re- sources conservation, and social needs. Imple- mentation of this policy requires that the Presi- dent shall, through the Executive Office of the President, coordinate the responsible depart- ments and agencies to, among other measures— (1) identify materials needs and assist in the pursuit of measures that would assure the availability of materials critical to commerce, the economy, and national security; (2) establish a mechanism for the coordina- tion and evaluation of Federal materials pro- grams, including those involving research and development so as to complement related ef- forts by the private sector as well as other do- mestic and international agencies and organi- zations; (3) establish an analytical and forecasting capability for identifying critical mineral de- mand, supply, and other factors to allow in- formed actions to be taken to avoid supply shortages, mitigate price volatility, and pre- pare for demand growth and other market shifts; (4) promote a vigorous, comprehensive, and coordinated program of materials research and development consistent with the policies and priorities set forth in the National Science and Technology Policy, Organization, and Pri- orities Act of 1976 (42 U.S.C. 6601 et seq.); (5) promote cooperative research and devel- opment programs with other nations for the equitable and frugal use of materials and en- ergy; (6) promote and encourage private enterprise in the development of economically sound and stable domestic materials industries; (7) facilitate the availability, development, and environmentally responsible production of domestic resources to meet national material or critical mineral needs; (8) avoid duplication of effort, prevent un- necessary paperwork, and minimize delays in the administration of applicable laws (includ- ing regulations) and the issuance of permits and authorizations necessary to explore for, develop, and produce critical minerals and to construct critical mineral manufacturing fa- cilities in accordance with applicable environ- mental and land management laws; (9) strengthen— (A) educational and research capabilities at not lower than the secondary school level; and (B) workforce training for exploration and development of critical minerals and critical mineral manufacturing; (10) bolster international cooperation through technology transfer, information sharing, and other means; (11) promote the efficient production, use, and recycling of critical minerals; (12) develop alternatives to critical minerals; and (13) establish contingencies for the produc- tion of, or access to, critical minerals for which viable sources do not exist within the United States. (Pub. L. 96–479, § 3, Oct. 21, 1980, 94 Stat. 2305; Pub. L. 116–260, div. Z, title VII, § 7002(b)(1), (m)(2), Dec. 27, 2020, 134 Stat. 2563, 2576.) Editorial Notes REFERENCES IN TEXT The National Science and Technology Policy, Organi- zation, and Priorities Act of 1976, referred to in par. (4), is Pub. L. 94–282, May 11, 1976, 90 Stat. 459, which is