The U.S. House of Representatives has passed the Critical Mineral Consistency Act, a key piece of legislation aimed at harmonizing critical minerals lists across federal agencies and ensuring essential resources like copper and silicon are eligible for vital energy-focused benefits.
Key Legislation to Harmonize Critical Mineral Lists
In a significant step for U.S. energy security and mineral supply chains, the U.S. House of Representatives voted 245 to 155 in favor of H.R. 8446, the Critical Mineral Consistency Act. The legislation seeks to align the Department of Energy’s (DOE) list of Critical Materials with the U.S. Geological Survey’s (USGS) Critical Minerals list. By doing so, it will allow materials like copper, electrical steel, silicon, and silicon carbide to be recognized as critical minerals, a status that grants them access to key energy benefits and funding opportunities currently available to minerals on the USGS list.
The main goal of the act is to provide consistency between the DOE’s and USGS’ definitions and methodologies for identifying critical materials and minerals. The DOE’s list, which was introduced in 2023, evaluates both the essentiality and supply risk of materials, while the USGS’s list, finalized in 2022, focused only on supply issues based on historical data from 2015 to 2018. This discrepancy has led to key materials like copper being excluded from the USGS Critical Minerals list despite their essential role in U.S. energy infrastructure and national security.
Copper and Other Materials to Benefit from New Classification
The Critical Mineral Consistency Act is particularly crucial for copper, a key material used in renewable energy technologies such as solar, wind, and electric grids. The Copper Development Association (CDA) has long advocated for copper to be recognized as a critical mineral, given its central role in the clean energy transition. Adam Estelle, CDA President and CEO, praised the bill’s passage, highlighting its importance for U.S. manufacturing and energy infrastructure. “This vote underscores copper’s essential role in electrifying transportation, powering renewable energy, and strengthening U.S. infrastructure,” Estelle said.
The new legislation would ensure that materials like copper are given timely recognition and protection under U.S. policy, which would help reduce the country’s reliance on foreign imports and encourage domestic mining, refining, and recycling efforts. By modernizing critical mineral policies, the act aims to enhance supply chain security and support the growing clean energy sector.
Broad Industry Support for the Legislation
The Critical Mineral Consistency Act has garnered strong bipartisan support and is backed by a range of industry groups, including the National Mining Association, the Business Council for Sustainable Energy, and the U.S. Chamber of Commerce. These groups have emphasized the importance of ensuring that the U.S. has a reliable and secure supply of critical minerals to meet its energy and infrastructure needs.
Congressman Juan Ciscomani of Arizona, the sponsor of the bill, expressed pride in seeing the legislation pass the House and emphasized the importance of securing access to critical resources for U.S. energy and national security. “As demand for these strategic resources continues to rise, the United States must ensure a reliable supply of critical minerals,” Ciscomani said. “This legislation ensures parity between the USGS and DOE lists, strengthening our domestic supply chain and improving our global competitiveness.”
Next Steps: Senate Consideration
The legislation now moves to the Senate, where it will be considered alongside companion bill S. 5274, introduced by Senators Kyrsten Sinema of Arizona and Mike Lee of Utah. Industry groups like the CDA are urging the Senate to pass the companion legislation, which would further solidify the U.S.’s commitment to securing its domestic supply of critical minerals.
By standardizing the criteria for identifying critical minerals and ensuring materials like copper are recognized for their strategic importance, the Critical Mineral Consistency Act is a significant step toward enhancing U.S. energy security, supporting clean energy goals, and reinforcing the country’s position in the global minerals market.
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