Section 1 Short title
This Act may be cited as the “Critical Minerals Supply Chain Resiliency Act of 2026”.
Critical Minerals Supply Chain Resiliency Act of 2026
A BILL
To adjust the treatment of certain actions under Presidential Determination 2022–11 for Federal permitting improvement, and for other purposes.
Sec. 2 Treatment of actions under presidential determination 2022–11 for Federal permitting improvement purposes
In general— Except as provided by subsection (c), an action described in subsection (b) shall be—
treated as a covered project, as defined in section 41001(6) of the Fixing America’s Surface Transportation Act (42 U.S.C. 4370m(6)), without regard to the requirements of that section; and
included in the Permitting Dashboard maintained pursuant to section 41003(b) of that Act (42 U.S.C. 4370m–2(b)).
Actions described— An action described in this subsection is an action taken by the Secretary of Defense pursuant to Presidential Determination 2022–11 (87 Fed. Reg. 19775; relating to certain actions under section 303 of the Defense Production Act of 1950) to create, maintain, protect, expand, or restore sustainable and responsible domestic production capabilities for strategic and critical materials through—
supporting feasibility studies for mature mining, beneficiation, and value-added processing projects;
by-product and co-product production at existing mining, mine waste reclamation, and other industrial facilities;
modernization of mining, beneficiation, and value-added processing to increase productivity, environmental sustainability, and workforce safety; or
any other activity authorized under section 303(a)(1) of the Defense Production Act of 1950 (50 U.S.C. 4533(a)(1)).
Exception— An action described in subsection (b) may not be treated as a covered project or be included in the Permitting Dashboard under subsection (a) if the project sponsor (as defined in section 41001(18) of the Fixing America’s Surface Transportation Act (42 U.S.C. 4370m(18))) requests that the action not be treated as a covered project.