Introduced in Senate — S. 3708

119th CONGRESS

2d Session

S. 3708

IN THE SENATE OF THE UNITED STATES

January 28, 2026

Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To amend the Mineral Leasing Act for Acquired Lands to make that Act applicable to hardrock minerals, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short title

This Act may be cited as the Mineral Extraction for Renewable Industry and Critical Applications Act of 2026 or the MERICA Act of 2026.

Sec. 2. Application of Mineral Leasing Act for Acquired Lands to hardrock minerals

The Mineral Leasing Act for Acquired Lands is amended—

(1)

in section 2 (30 U.S.C. 351)—

(A)

in the sixth sentence, by striking The term and all that follows through embrace and inserting the following:

(5) Oil
The term oil means;

(B)

in the fifth sentence, by striking Lease and inserting the following:

(3) Lease
The term lease;

(C)

by striking the fourth sentence and inserting the following:

(4) Mineral leasing laws
The term mineral leasing laws means—
(A)
the Mineral Leasing Act (30 U.S.C. 181 et seq.);
(B)
the Act of April 17, 1926 (44 Stat. 301, chapter 158; 30 U.S.C. 271 et seq.);
(C)
the Act of February 7, 1927 (44 Stat. 1057, chapter 66; 30 U.S.C. 281 et seq.); and
(D)
all Acts amendatory or supplementary to any of the Acts described in subparagraphs (A) through (D).;

(D)

in the third sentence, by striking Secretary and inserting the following:

(6) Secretary
The term Secretary;

(E)

in the second sentence—

(i)

by striking (36 Stat. and all that follows through the period at the end and inserting (commonly known as the Weeks Law) (36 Stat. 961, chapter 186; 16 U.S.C. 552 et seq.).; and

(ii)

by striking Acquired lands or lands acquired by the United States include and inserting the following:

(1) Acquired lands; lands acquired by the United States
The terms acquired lands and lands acquired by the United States mean;

(F)

in the first sentence, by striking As used in this Act United States and inserting the following: “In this Act:

(7) United States
The term United States;

(G)

by moving the paragraphs so as to appear in numerical order; and

(H)

by inserting after paragraph (1) (as so designated) the following:

(2) Hardrock mineral
(A) In general
The term hardrock mineral includes deposits of—
(i)
minerals found in sedimentary or other rocks;
(ii)
base metals;
(iii)
precious metals;
(iv)
industrial metals; and
(v)
precious and semi-precious gemstones.
(B) Exclusions
The term hardrock mineral does not include deposits of—
(i)
coal;
(ii)
oil;
(iii)
oil shale;
(iv)
gas;
(v)
sodium;
(vi)
potassium;
(vii)
sulfur; or
(viii)
mineral materials subject to disposition under the Act of July 31, 1947 (commonly known as the Materials Act of 1947) (61 Stat. 681, chapter 406; 30 U.S.C. 601 et seq.).; and

(2)

in section 3 (30 U.S.C. 352), in the first sentence, by striking and sulfur and inserting sulfur, and hardrock minerals.