Critical Mineral Consistency Act of 2025
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The bill would require the Interior Department to publish a combined "Critical Minerals and Materials List" merging the U.S. Geological Survey's critical minerals list with the Energy Department's separate critical materials list, and to keep updating it whenever either agency changes its designations.
By aligning the two lists, it would let materials the Energy Department considers essential for energy also qualify for federal benefits, like financing support or clean energy tax credits, that currently apply only to USGS-designated critical minerals.
What this bill would do
What it would do
The bill would amend the Energy Act of 2020 to require the Secretary (of the Interior, through the U.S. Geological Survey) to publish a new "Critical Minerals and Materials List" within 45 days of enactment, combining minerals already designated critical by the Secretary with any non-fuel mineral, element, substance, or material the Secretary of Energy has designated a "critical material." It would require the list to be updated within 45 days whenever either agency changes its designations, and would direct the two Secretaries to coordinate timing where practicable.
It would also require federal agencies administering programs that rely on the terms "critical mineral" or "critical material" to use the most recently published combined list. The bill does not itself create new critical mineral or material designations, financing programs, or tax credits; it only requires the existing designation lists to be reconciled and consistently applied.
Key provisions
- 1Would require the Secretary to publish a combined Critical Minerals and Materials List within 45 days of enactment, including both USGS critical minerals and Energy Department critical materials
- 2Would require the list to be updated within 45 days after either the Secretary or the Secretary of Energy changes a mineral or material designation
- 3Would direct the Secretary and the Secretary of Energy to coordinate timing of updates to the combined list where practicable
- 4Would require federal agencies administering programs using the terms 'critical mineral' or 'critical material' to use the most recently published combined list
Who would be affected
The U.S. Geological Survey and the Department of Energy, which would have to coordinate and publish the combined list; mining and materials companies whose minerals could newly qualify for critical-mineral benefits; and federal agencies that administer financing, grant, or tax-credit programs tied to critical mineral or critical material status.
Why it matters
Companies producing materials on the Energy Department's critical materials list but not the Geological Survey's critical minerals list could become newly eligible for federal financing support and tax incentives once the lists are harmonized. Federal agencies would also gain a single authoritative list to apply, reducing inconsistency across programs that currently use different definitions.
What would change
Changes to existing law
Amends Energy Act of 2020 (30 U.S.C. 1606) (Sec. 2)
Creates a new combined Critical Minerals and Materials List merging USGS critical minerals with DOE critical materials, with required updates and agency-wide use.
Agencies directed to act
Effective dates
- First publication of the combined Critical Minerals and Materials List
- Updates to the list after either agency changes a designation
Funding and costs
Congressional Budget Office estimate
CBO estimates S. 714 would cost approximately $3 million over the 2026–2030 period in discretionary spending (subject to appropriations), with no effect on direct spending, revenues, or the deficit.
CBO estimates that implementing the Critical Mineral Consistency Act of 2025 would require about $3 million in discretionary appropriations over the 2026–2030 period — roughly $2 million to list and assess six materials already designated as critical by the Department of Energy but not yet on the U.S. Geological Survey's (USGS) critical minerals list, and $1 million for any new DOE designations added after enactment. CBO expects existing authorized funding ($50 million per year through 2029 under current law) to cover these costs, and estimates any remaining 2030 costs would be insignificant. The bill has no effect on direct (mandatory) spending or revenues, would not increase the deficit in any future 10-year period, and contains no intergovernmental or private-sector mandates.
How implementation would work
The Secretary would first compile and publish the combined list within 45 days of enactment, drawing on existing USGS critical mineral designations and the Energy Department's critical materials designations as of that date. Going forward, whenever either agency adds or changes a designation, the Secretary would have 45 days to update the combined list, with the two agencies expected to coordinate timing. Other federal agencies that use "critical mineral" or "critical material" definitions in their own programs would be required to reference whichever version of the list is most recently published, rather than maintaining separate internal lists.
Legislative status & sources
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 335.
Official CRS summary
Show the CRS summaryHide the CRS summary
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.
Legislative subjects
Energy; Metals; Mining; Strategic materials and reserves
Committee report
S. Rept. 119-106