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This bill would make the federal government use one shared list for both critical minerals and critical materials. Right now, different laws and agencies can use slightly different lists or terms. The bill is meant to line up those lists so the rules are clearer and easier to use. It would require the government to publish a combined list soon after the bill becomes law, and then keep updating that list whenever either the Department of the Interior or the Department of Energy changes its own designations. Federal agencies that run programs using these terms would have to rely on the newest version of the shared list.
- Within 45 days after the bill is enacted, the government must publish a combined Critical Minerals and Materials List.
- The list must include minerals already named as critical minerals, as well as non-fuel minerals, elements, substances, or materials that the Department of Energy has already called critical materials.
- Any time either department updates one of its designations, the combined list must be updated within 45 days.
- Federal agencies that use these terms in their programs must use the most recent published list.
Official Summaries
Critical Mineral Consistency Act of 2025
This bill modifies the Energy Act of 2020 to expand the definition of critical minerals used by the U.S. Geological Survey (USGS) to include critical materials designated by the Department of Energy (DOE). It also directs USGS to update its list within 45 days of DOE adding a mineral, element, substance, or material to its critical materials list. Thus, the bill requires the lists to be treated consistently and makes critical materials eligible for the same benefits (e.g., financing support or clean energy tax credits) provided to critical minerals.
By way of background, DOE's critical materials list contains certain materials that are essential for energy, including those on the critical minerals list of the USGS. The USGS's list, which contains certain minerals that are essential to the nation's economic or national security, is currently not required to include the materials on DOE's list.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 714 Reported in Senate (RS)]
<DOC>
Calendar No. 335
119th CONGRESS
2d Session
S. 714
[Report No. 119-106]
To amend the Energy Act of 2020 to include critical materials in the
definition of critical mineral, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2025
Mr. Lee (for himself, Mr. Kelly, Mr. Ossoff, Mr. Cassidy, Mr. Curtis,
and Mr. Risch) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
February 11, 2026
Reported by Mr. Lee, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Energy Act of 2020 to include critical materials in the
definition of critical mineral, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Critical Mineral
Consistency Act of 2025''.</DELETED>
<DELETED>SEC. 2. CRITICAL MATERIALS INCLUDED AS CRITICAL
MINERALS.</DELETED>
<DELETED> Section 7002 of the Energy Act of 2020 (30 U.S.C. 1606) is
amended--</DELETED>
<DELETED> (1) in subsection (a)(3)(A)--</DELETED>
<DELETED> (A) by striking the period at the end and
inserting ``; and'';</DELETED>
<DELETED> (B) by striking ``means any mineral'' and
inserting the following: ``means--</DELETED>
<DELETED> ``(i) any mineral''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(ii) a critical material as
determined by the Secretary of Energy under
paragraph (2)(A).''; and</DELETED>
<DELETED> (2) in subsection (c)(5), by adding at the end the
following:</DELETED>
<DELETED> ``(C) Inclusion of critical materials.--
Not later than 45 days after the date on which the
Secretary of Energy determines a non-fuel mineral,
element, substance, or material to be a critical
material under subsection (a)(2)(A), the Secretary
shall update the list of critical minerals published
under paragraph (3) to include that critical
material.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Mineral Consistency Act of
2025''.
SEC. 2. CRITICAL MINERALS AND MATERIALS LIST.
Section 7002 of the Energy Act of 2020 (30 U.S.C. 1606) is
amended--
(1) in subsection (c)(4)(C), by inserting ``minerals or
materials'' after ``critical'';
(2) by redesignating subsection (o) as subsection (p); and
(3) by inserting after subsection (n) the following:
``(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).''.
Amend the title so as to read: ``A bill to amend the Energy
Act of 2020 to harmonize the lists of critical minerals and
critical materials, and for other purposes.''.
Calendar No. 335
119th CONGRESS
2d Session
S. 714
[Report No. 119-106]
_______________________________________________________________________
A BILL
To amend the Energy Act of 2020 to include critical materials in the
definition of critical mineral, and for other purposes.
_______________________________________________________________________
February 11, 2026
Reported with an amendment and an amendment to the title