Securing American Critical Minerals Act of 2023

Securing American Critical Minerals Act of 2023

This bill prohibits the transfer of critical minerals extracted or processed on federal land to foreign entities of concern and authorizes the Department of the Interior to enforce the bill's provisions. (Under the bill, a critical mineral is any material or other substance designated as critical by Interior.)

The bill provides that an operator that extracts or processes critical minerals on federal land may not sell or transfer such critical minerals to a designated foreign terrorist organization, an entity involved in actions that resulted in a convictionfor espionage, or other foreign entity of concern.

Additionally, such operators must annually report about these transfers to the public and certify that transferees are not foreign entities of concern. The reports must also specify the critical minerals affected, location of the operator's activities, and identity of the recipient of the mineral.

The bill authorizes Interior to address noncompliance with the bill's requirements by (1) denying a permit or other authorization; and (2) establishing administrative, civil, and criminal penalties. 

Interior must annually report to Congress about its enforcement activities and operators' annual reports.

Further, Interior must collect a fee for any authorization related to extracting or processing of critical minerals on federal land, with revenues to be applied toward implementing the bill’s requirements,