Assessment of Department of Defense phosphate supply chain vulnerabilities; related land exchange authorization

(a) Assessment required (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Defense (referred to in this subsection as the Secretary) shall complete a comprehensive assessment of the vulnerabilities in the Department of Defense phosphate supply chain, including— (A) the reliance of defense-relevant industries and military operations on foreign-sourced phosphate and phosphate-derived products; and (B) the risks to national security posed by patterns of import dependence, foreign supply concentration, and the susceptibility of global commodity supply chains to disruption in existence as of the date of the assessment. (2) Elements The assessment required under paragraph (1) shall include, at a minimum, an evaluation of the following: (A) The extent to which the Department of Defense, the defense industrial base, and defense-related agricultural and manufacturing supply chains depend on phosphate and phosphate-derived products, including— (i) phosphate-based munitions components, propellants, flame retardants, energy storage, and pyrotechnics; (ii) phosphoric acid and phosphate compounds used in metal finishing, corrosion protection, and other defense manufacturing processes; and (iii) phosphate fertilizers essential to domestic agricultural production supporting military food supply chains and civil-military operations during a national emergency. (B) Current and projected domestic production capacity for phosphate rock and processed phosphate products, including an assessment of the number, location, and operational status of domestic mining and processing facilities. (C) The vulnerability of the phosphate supply chain to deliberate or inadvertent disruption, including— (i) the degree of United States net import reliance for phosphate at each stage of the supply chain, from raw ore to finished defense-relevant products; (ii) the concentration of foreign suppliers, including the market share and geopolitical risk profile of Morocco, China, and other major producers; (iii) the risk of supply disruption arising from hostile foreign actions, armed conflicts, sanctions, trade restrictions, export controls imposed by foreign governments, or anti-competitive behaviors by state-owned or state-influenced enterprises; (iv) the risk of disruption arising from single points of failure in domestic transportation, processing, or storage infrastructure; and (v) the adequacy and feasibility of substitution, including the availability of alternative materials, alternative suppliers, or alternative production methods capable of replacing phosphate in defense-critical applications within operationally relevant timeframes. (D) The adequacy of existing United States phosphate stockpiles, including any quantities held in or eligible for inclusion in the National Defense Stockpile established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), and the sufficiency of such stockpiles to sustain defense-relevant consumption during a supply disruption of 6, 12, and 24 months, respectively. (E) The relationship between domestic phosphate production capacity and the long-term ability of the United States to reduce supply chain vulnerability through domestic sourcing. (F) A comparison of phosphate supply chain vulnerabilities with vulnerabilities of other materials designated, as of the date of the assessment, as strategic and critical materials under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) or as critical minerals on the list of critical minerals published under section 7002(c)(3) of the Energy Act of 2020 (30 U.S.C. 1606(c)(3)), for the purpose of informing relative prioritization. (3) Recommendations The assessment required under paragraph (1) shall include recommendations with respect to— (A) actions the Department of Defense should take to reduce identified vulnerabilities in the phosphate supply chain, including through stockpiling, domestic production incentives, or other supply chain resilience measures; and (B) any legislative or regulatory action necessary to address identified gaps in phosphate supply chain security. (4) Report to congress (A) In general Not later than 30 days after the date on which the assessment required under paragraph (1) is completed, the Secretary shall submit a report containing the findings, conclusions, and recommendations of the assessment to— (i) the Committee on Armed Services of the Senate; (ii) the Committee on Armed Services of the House of Representatives; (iii) the Committee on Energy and Natural Resources of the Senate; and (iv) the Committee on Natural Resources of the House of Representatives. (B) Classified annex The report required under subparagraph (A)— (i) shall be submitted in an unclassified form; but (ii) may include a classified annex if the Secretary determines that the inclusion of certain information in an unclassified report would be detrimental to the national security of the United States. (b) Ratification of actions of the Secretary of the Interior Notwithstanding any other provision of law, the actions of the Secretary of the Interior in the approval and issuance of land patent No. 11-2021-0002 pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) are reaffirmed and ratified. (c) Confirmation of use of certain non-Federal land in Salt Lake City, Utah, for valid public purposes (1) Confirmation of uses (A) In general The use by the University of Utah of the land described in paragraph (2) as a University research park, as approved by the letter from the Secretary of the Interior to the University of Utah dated December 10, 1970, and any modifications of the approved plan of development and management approved by the Department of the Interior prior to the date of enactment of this Act, is confirmed as a valid public purpose consistent with the requirements of the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), subject to the terms and conditions included in the letter and approvals. (B) Other uses Any other uses of the land described in paragraph (2) by the University of Utah that are consistent with use as a University research park and related university purposes (including development of student housing and a transit hub) are confirmed as valid public purposes consistent with the requirements of the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). (2) Description of non-Federal land The land referred to in paragraph (1) is the approximately 593.54 acres of land conveyed to the University of Utah under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), by patent numbered 43–99–0012 and dated October 18, 1968, and more particularly described as tracts D (excluding parcels numbered 1, 2, 3, 4, and 5), G, and J, T. 1 S., R. 1 E., Salt Lake Meridian. (d) Continental Divide National Scenic Trail (1) Definitions In this subsection: (A) Secretary The term Secretary means the Secretary of Agriculture. (B) Trail The term Trail means the Continental Divide National Scenic Trail. (C) Trail Completion Team The term Trail Completion Team means the joint Forest Service-Bureau of Land Management Trail completion team established under paragraph (3). (2) Completion of Continental Divide National Scenic Trail Subject to the availability of appropriations, the Secretary and the Secretary of the Interior shall seek to complete the Trail as a continuous route not later than 10 years after the date of enactment of this Act. (3) Trail Completion Team (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Interior shall establish a joint Forest Service-Bureau of Land Management Trail completion team to work in coordination with the administrator of the Trail— (i) to facilitate the completion and optimization of the Trail, consistent with the purposes of the Trail; and (ii) to assist in the development of the comprehensive development plan for the Trail under paragraph (4). (B) Consultation As appropriate, the Trail Completion Team shall consult with other Federal agencies, affected State, Tribal, and local governments, landowners, affected land-grant mercedes owners and users, acequias, and other interested parties in— (i) the completion and optimization of the Trail; and (ii) the development and completion of the comprehensive development plan for the Trail under paragraph (4). (4) Comprehensive development plan for the Continental Divide National Scenic Trail (A) In general Not later than 3 years after the date of establishment of the Trail Completion Team under paragraph (3), the Secretary shall complete a comprehensive development plan for the Trail. (B) Plan inclusions The comprehensive development plan under subparagraph (A) shall— (i) identify any gaps in the Trail for which the Secretary and the Secretary of the Interior have not been able to acquire land; (ii) identify opportunities for the use of easements acquired from willing sellers to facilitate completion of the Trail; and (iii) include general and site-specific Trail development plans, including anticipated costs of the plans. (5) Partnerships The Secretary and the Secretary of the Interior shall seek to enter into agreements with volunteer and nonprofit organizations, as appropriate, to facilitate the completion and administration of the Trail. (6) Effect Nothing in this subsection— (A) provides any authority to acquire land or interests in land for inclusion in the Trail beyond the authorities provided for the Trail in the National Trails System Act (16 U.S.C. 1241 et seq.), including acquisition by eminent domain; or (B) makes the acquisition of land or interests in land for the Trail a priority over other land acquisition authorizations. (e) Withdrawal of certain Bureau of Land Management land, New Mexico (1) In general Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn from all forms of— (A) location, entry, and patent under the mining laws; and (B) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. (2) Description The Federal land referred to in paragraphs (1) and (3) is the approximately 4,288 acres of land administered by the Director of the Bureau of Land Management and generally depicted as Tract A, Tract B, Tract C, and Tract D on the map entitled Placitas, New Mexico Area Map and dated November 13, 2019. (3) Surface estate (A) In general Subject to the reservation of the mineral estate under subparagraph (B), nothing in this subsection prohibits the Secretary of the Interior from conveying the surface estate of the Federal land described in paragraph (2) in accordance with— (i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or (ii) the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.). (B) Mineral estate Any conveyance of the surface estate of the Federal land described in paragraph (2) shall require a reservation of the mineral estate to the United States.