83 FR 23295 - Final List of Critical Minerals 2018
DEPARTMENT OF THE INTERIOR
Office of the Secretary Federal Register Volume 83, Issue 97 (May 18, 2018)
Office of the Secretary
Federal Register Volume 83, Issue 97 (May 18, 2018)
| Page Range | 23295-23296 | |
| FR Document | 2018-10667 |
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)] [Notices] [Pages 23295-23296] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10667] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of the Secretary [178D0102DM, DS6CS00000, DLSN00000.000000, DX.6CS25] Final List of Critical Minerals 2018 AGENCY: Office of the Secretary, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The United States is heavily reliant on imports of certain mineral commodities that are vital to the Nation's security and economic prosperity. This dependency of the United States on foreign sources creates a strategic vulnerability for both its economy and military to adverse foreign government action, natural disaster, and other events that can disrupt supply of these key minerals. Pursuant to Executive Order 13817 of December 20, 2017, ``A Federal Strategy to Ensure Secure and Reliable Supplies of Critical Minerals,'' the Secretary of the Interior on February 16, 2018, presented a draft list of 35 mineral commodities deemed critical under the definition provided in the Executive Order. After considering the 453 public comments received, the Department of the Interior believes that the methodology used to draft the list remains valid and hereby finalizes the draft list of 35 critical minerals. The final list includes: Aluminum (bauxite), antimony, arsenic, barite, beryllium, bismuth, cesium, chromium, cobalt, fluorspar, gallium, germanium, graphite (natural), hafnium, helium, indium, lithium, magnesium, manganese, niobium, platinum group metals, potash, the rare earth elements group, rhenium, rubidium, scandium, strontium, tantalum, tellurium, tin, titanium, tungsten, uranium, vanadium, and zirconium. This list of critical minerals, while ``final,'' is not a permanent list, but will be dynamic and updated periodically to reflect current data on supply, demand, and concentration of production, as well as current policy priorities. This final list will serve as the Department of Commerce's initial focus as it develops its report to comply with Section 4 of Executive Order 13817. ADDRESSES: Public comments received on the draft list are available at www.regulations.gov under docket number DOI-2018-0001. FOR FURTHER INFORMATION CONTACT: Ryan Nichols, (202) 208-7250, ryan_nichols@ios.doi.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800- 877-8339 to contact Mr. Nichols during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with this individual. You will receive a reply during normal business hours. Normal business hours are 9:00 a.m. to 5:30 p.m., Monday through Friday, except for Federal holidays. SUPPLEMENTARY INFORMATION: Executive Order 13817, ``A Federal Strategy to Ensure Secure and Reliable Supplies of Critical Minerals'' (82 FR 60835, December 26, 2017), addressed the United States' dependency on vulnerable limited and foreign supply chains of mineral commodities that are vital to the Nation's security and economic prosperity. The Executive Order directed the Secretary of the Interior, in coordination with the Department of Defense and in consultation with other executive branch agencies, to produce a list of critical minerals. The Secretary of the Interior in turn directed the U.S. Geological Survey (USGS), in coordination with the Bureau of Land Management (BLM), to provide technical input to a draft critical minerals list, and to incorporate Federal interagency input through the White House Office of Science and Technology Policy's National Science and Technology Council (NSTC) Subcommittee on Critical and Strategic Mineral Supply Chains. The NSTC Subcommittee has representation from a wide range of Federal Departments including, but not limited to, Defense, Interior, Energy, State, Commerce, and Homeland Security. The USGS used as a starting point for developing the draft critical mineral list the NSTC Mineral Criticality Screening Tool, which was first published by the Executive Office of the President in 2016 and updated in 2017. The tool is a quantitative methodology for identifying and ranking mineral commodities based on widely accepted criteria published in the mineral commodity literature. Using that methodology, and several other sources of data, the USGS applied two principal criteria to evaluate minerals for inclusion on the draft list of critical minerals: The Hirfindal-Hirschmann index, which measures country concentration of production, and the USGS net import reliance metric based on USGS's annual Mineral Commodities Summaries. The methodology used by the USGS to develop the draft list is described in USGS Open-File Report 2018-1021 (https://pubs.usgs.gov/of/2018/1021/ofr20181021.pdf). Federal interagency feedback to Interior on the initial draft list highlighted one mineral, uranium, with both fuel and non-fuel uses, and for which Energy Information Administration data indicated high production concentration and significant import reliance. Based on those data, the USGS agreed that it would be consistent with the methodology to include uranium on the draft list for public comment. Pursuant to Executive Order 13817, on February 16, 2018, the Secretary of the Interior published the draft list of critical minerals in the Federal Register (83 FR 7065). The draft list consisted of 35 minerals or mineral material groups deemed critical under the definition provided in the Executive Order: Aluminum (bauxite), antimony, arsenic, barite, beryllium, bismuth, cesium, chromium, cobalt, fluorspar, gallium, germanium, graphite (natural), hafnium, helium, indium, lithium, magnesium, manganese, niobium, platinum group metals, potash, the rare earth elements group, rhenium, rubidium, scandium, strontium, tantalum, tellurium, tin, titanium, tungsten, uranium, vanadium, and zirconium. The Federal Register notice included a 30-day public comment period, which closed on March 19, 2018. The comments are available for public viewing at www.regulations.gov under docket DOI-2018-0001. DOI received 453 comments, including 118 comments made anonymously, 273 from individuals, and 62 submitted on behalf of organizations (20 from industry [[Page 23296]] organizations, 18 from mining companies, ten from consultants and other businesses, six from non-governmental environmental organizations, five from government agencies, and three from elected officials). The comments included 147 requests to add a total of 13 minerals to the list, with seven minerals (copper, silver, nickel, gold zinc, molybdenum and lead) each receiving over 10 requests for addition to the list. There were 183 requests to delete one mineral (uranium) from the list. After considering all comments received, the Department of the Interior believes that the methodology described in USGS Open-File Report 2018-1021 remains valid. Therefore, the Department of the Interior is hereby finalizing the draft list of 35 critical minerals as the final list. This list of critical minerals, while ``final,'' is not a permanent list, but will be dynamic and updated periodically to reflect current data on supply, demand, and concentration of production, as well as current policy priorities. This final list will serve as the initial focus for the Department of Commerce report, currently in development pursuant to Executive Order 13817. This final list is based on the definition of a ``critical mineral'' provided in Executive Order 13817. The U.S. Government and other organizations may also use other definitions and rely on other criteria to identify a material or mineral as ``critical'' or otherwise important. This final list is not intended to replace those related terms and definitions for minerals or materials that are deemed strategic, critical or otherwise important (e.g., National Defense Stockpile). The Department of the Interior recognizes the economic significance and indispensable nature of other minerals that are produced domestically in large quantities such as copper, zinc, molybdenum, gold, silver, and industrial minerals such as phosphate, sand, gravel, and aggregate. Given current levels of domestic production, the U.S. is not highly reliant on imports for these minerals and typically has a combination of domestic reserves and reliable foreign sources adequate to meet foreseeable domestic consumption requirements. While these minerals do not currently meet the definition of critical, they are similar to critical minerals in that they are indispensable to a modern society for the purposes of national security, technology, infrastructure, and energy production (both fossil fuels and renewables). It should be noted that some potential supply chain vulnerabilities relating to critical minerals, such as high import reliance and limited domestic capability for production of refined metals and processed alloys, extend beyond what is described here and will be addressed within the Department of Commerce report to be submitted to the President as required by Executive Order 13817. The Department of the Interior also recognizes that many public comments addressed issues not directly associated with the development of the critical minerals list. Instead, they addressed regulatory and policy issues more appropriately considered as part of the Department of Commerce report. Those comments will be available to help inform the development of the Commerce report. Finally, the Department of the Interior recognizes that a significant number of comments requested the removal of uranium from the list. As noted above and in USGS Open-File Report 2018-1021, input from other agencies represented on the NSTC Subcommittee on Critical and Strategic Mineral Supply Chains emphasized that uranium, while primarily known as a fuel mineral, also has important non-fuel uses, and otherwise meets the criteria for inclusion. The NSTC Mineral Criticality Screening Tool was designed as an early warning screening tool that identifies potentially critical minerals using regularly-reported and publicly-available data. The screening tool was designed so that potential mineral criticality could be evaluated in a repeatable and transparent manner, on an ongoing basis. This tool is updated annually by the USGS on behalf of the NSTC Subcommittee when USGS releases a new year of mineral production and price data. This systematic, annual collection, analysis, and publication of mineral information is the foundation for the analysis of present-day security of supply for minerals and mineral materials and of changes in the security of supply over time. With this basis, the finalized list of critical minerals provides a starting point for developing a new Federal strategy and a continuing process to strengthen supply chains. The finalized list does not foreclose later addition of minerals that become critical in the future due to advances in technology, natural disasters, world events, and other factors influencing the security of supply and demand. As part of developing the new Federal strategy, Executive Order 13817 and Secretary's Order 3359, ``Critical Mineral Independence and Security'' (December 21, 2017), direct further efforts to assess potential domestic critical mineral resources above ground and below ground, and to examine Federal leasing and permitting processes to expedite access to these potential resources. Because the critical minerals on the final list are administered under existing mineral disposal laws and regulations, any recommendations to improve permitting processes for those critical minerals will improve permitting processes for all minerals administered under the same laws and regulations by the Bureau of Land Management and other Federal land management agencies. The Department of the Interior recognizes that many commodities are not mined directly, but are instead recovered during the processing, smelting, or refining of a host material and are, therefore, deemed ``byproducts.'' Of the 35 minerals deemed critical, 12 are byproducts. Therefore, strategies to increase the domestic supply of these commodities must necessarily consider the mining and processing of the host materials because enhanced recovery of byproducts alone may be insufficient to meet U.S. consumption. Authority: E.O. 13817, 82 FR 60835 (December 26, 2017). Timothy R. Petty, Assistant Secretary for Water and Science. [FR Doc. 2018-10667 Filed 5-17-18; 8:45 am] BILLING CODE 4334-63-P
![Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices 23295
Availability of Documents fluorspar, gallium, germanium, graphite including, but not limited to, Defense,
The Federal Register documents (natural), hafnium, helium, indium, Interior, Energy, State, Commerce, and
publishing the receipt of applications lithium, magnesium, manganese, Homeland Security.
niobium, platinum group metals, The USGS used as a starting point for
for these permits may be viewed here:
potash, the rare earth elements group, developing the draft critical mineral list
https://www.fws.gov/policy/frsystem/
rhenium, rubidium, scandium, the NSTC Mineral Criticality Screening
default.cfm. Documents and other
strontium, tantalum, tellurium, tin, Tool, which was first published by the
information submitted with these
titanium, tungsten, uranium, vanadium, Executive Office of the President in
applications are available for review 2016 and updated in 2017. The tool is
and zirconium. This list of critical
subject to the requirements of the a quantitative methodology for
minerals, while ‘‘final,’’ is not a
Privacy Act (5 U.S.C. 552a) and identifying and ranking mineral
permanent list, but will be dynamic and
Freedom of Information Act (5 U.S.C. commodities based on widely accepted
updated periodically to reflect current
552), by any party who submits a criteria published in the mineral
data on supply, demand, and
written request for a copy of such commodity literature. Using that
concentration of production, as well as
documents. For detailed information methodology, and several other sources
current policy priorities. This final list
regarding a particular permit, please will serve as the Department of of data, the USGS applied two principal
contact the Region that issued the Commerce’s initial focus as it develops criteria to evaluate minerals for
permit. its report to comply with Section 4 of inclusion on the draft list of critical
Authority Executive Order 13817. minerals: The Hirfindal-Hirschmann
ADDRESSES: Public comments received index, which measures country
We provide this notice under the concentration of production, and the
authority of section 10 of the ESA (16 on the draft list are available at
www.regulations.gov under docket USGS net import reliance metric based
U.S.C. 1531 et seq.). on USGS’s annual Mineral Commodities
number DOI–2018–0001.
Dated: March 30, 2018. Summaries. The methodology used by
FOR FURTHER INFORMATION CONTACT:
Lisa Ellis, Ryan Nichols, (202) 208–7250, ryan_ the USGS to develop the draft list is
Chief, Branch of Recovery, Conservation nichols@ios.doi.gov. Persons who use a described in USGS Open-File Report
Planning, and Communication. telecommunications device for the deaf 2018–1021 (https://pubs.usgs.gov/of/
[FR Doc. 2018–10670 Filed 5–17–18; 8:45 am] (TDD) may call the Federal Relay 2018/1021/ofr20181021.pdf).
Federal interagency feedback to
BILLING CODE 4333–15–P Service (FRS) at 1–800–877–8339 to
Interior on the initial draft list
contact Mr. Nichols during normal
highlighted one mineral, uranium, with
business hours. The FRS is available 24
DEPARTMENT OF THE INTERIOR both fuel and non-fuel uses, and for
hours a day, 7 days a week, to leave a
which Energy Information
message or question with this Administration data indicated high
Office of the Secretary
individual. You will receive a reply production concentration and
[178D0102DM, DS6CS00000, during normal business hours. Normal
DLSN00000.000000, DX.6CS25] significant import reliance. Based on
business hours are 9:00 a.m. to 5:30 those data, the USGS agreed that it
p.m., Monday through Friday, except for would be consistent with the
Final List of Critical Minerals 2018 Federal holidays. methodology to include uranium on the
AGENCY: Office of the Secretary, Interior. SUPPLEMENTARY INFORMATION: Executive draft list for public comment.
ACTION: Notice. Order 13817, ‘‘A Federal Strategy to Pursuant to Executive Order 13817,
Ensure Secure and Reliable Supplies of on February 16, 2018, the Secretary of
SUMMARY: The United States is heavily Critical Minerals’’ (82 FR 60835, the Interior published the draft list of
reliant on imports of certain mineral December 26, 2017), addressed the critical minerals in the Federal Register
commodities that are vital to the United States’ dependency on (83 FR 7065). The draft list consisted of
Nation’s security and economic vulnerable limited and foreign supply 35 minerals or mineral material groups
prosperity. This dependency of the chains of mineral commodities that are deemed critical under the definition
United States on foreign sources creates vital to the Nation’s security and provided in the Executive Order:
a strategic vulnerability for both its economic prosperity. The Executive Aluminum (bauxite), antimony, arsenic,
economy and military to adverse foreign Order directed the Secretary of the barite, beryllium, bismuth, cesium,
government action, natural disaster, and Interior, in coordination with the chromium, cobalt, fluorspar, gallium,
other events that can disrupt supply of Department of Defense and in germanium, graphite (natural), hafnium,
these key minerals. Pursuant to consultation with other executive helium, indium, lithium, magnesium,
Executive Order 13817 of December 20, branch agencies, to produce a list of manganese, niobium, platinum group
2017, ‘‘A Federal Strategy to Ensure critical minerals. The Secretary of the metals, potash, the rare earth elements
Secure and Reliable Supplies of Critical Interior in turn directed the U.S. group, rhenium, rubidium, scandium,
Minerals,’’ the Secretary of the Interior Geological Survey (USGS), in strontium, tantalum, tellurium, tin,
on February 16, 2018, presented a draft coordination with the Bureau of Land titanium, tungsten, uranium, vanadium,
list of 35 mineral commodities deemed Management (BLM), to provide and zirconium.
critical under the definition provided in technical input to a draft critical The Federal Register notice included
the Executive Order. After considering minerals list, and to incorporate Federal a 30-day public comment period, which
the 453 public comments received, the interagency input through the White closed on March 19, 2018. The
daltland on DSKBBV9HB2PROD with NOTICES
Department of the Interior believes that House Office of Science and Technology comments are available for public
the methodology used to draft the list Policy’s National Science and viewing at www.regulations.gov under
remains valid and hereby finalizes the Technology Council (NSTC) docket DOI–2018–0001. DOI received
draft list of 35 critical minerals. The Subcommittee on Critical and Strategic 453 comments, including 118 comments
final list includes: Aluminum (bauxite), Mineral Supply Chains. The NSTC made anonymously, 273 from
antimony, arsenic, barite, beryllium, Subcommittee has representation from a individuals, and 62 submitted on behalf
bismuth, cesium, chromium, cobalt, wide range of Federal Departments of organizations (20 from industry
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![23296 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices
organizations, 18 from mining critical minerals, such as high import critical mineral resources above ground
companies, ten from consultants and reliance and limited domestic capability and below ground, and to examine
other businesses, six from non- for production of refined metals and Federal leasing and permitting
governmental environmental processed alloys, extend beyond what is processes to expedite access to these
organizations, five from government described here and will be addressed potential resources. Because the critical
agencies, and three from elected within the Department of Commerce minerals on the final list are
officials). The comments included 147 report to be submitted to the President administered under existing mineral
requests to add a total of 13 minerals to as required by Executive Order 13817. disposal laws and regulations, any
the list, with seven minerals (copper, The Department of the Interior also recommendations to improve permitting
silver, nickel, gold zinc, molybdenum recognizes that many public comments processes for those critical minerals will
and lead) each receiving over 10 addressed issues not directly associated improve permitting processes for all
requests for addition to the list. There with the development of the critical minerals administered under the same
were 183 requests to delete one mineral minerals list. Instead, they addressed laws and regulations by the Bureau of
(uranium) from the list. regulatory and policy issues more Land Management and other Federal
After considering all comments appropriately considered as part of the land management agencies.
received, the Department of the Interior Department of Commerce report. The Department of the Interior
believes that the methodology described Those comments will be available to recognizes that many commodities are
in USGS Open-File Report 2018–1021 help inform the development of the not mined directly, but are instead
remains valid. Therefore, the Commerce report. recovered during the processing,
Department of the Interior is hereby Finally, the Department of the Interior smelting, or refining of a host material
finalizing the draft list of 35 critical recognizes that a significant number of and are, therefore, deemed
minerals as the final list. This list of comments requested the removal of ‘‘byproducts.’’ Of the 35 minerals
critical minerals, while ‘‘final,’’ is not a uranium from the list. As noted above deemed critical, 12 are byproducts.
permanent list, but will be dynamic and and in USGS Open-File Report 2018– Therefore, strategies to increase the
updated periodically to reflect current 1021, input from other agencies domestic supply of these commodities
data on supply, demand, and represented on the NSTC Subcommittee must necessarily consider the mining
concentration of production, as well as on Critical and Strategic Mineral Supply and processing of the host materials
current policy priorities. This final list Chains emphasized that uranium, while because enhanced recovery of
will serve as the initial focus for the primarily known as a fuel mineral, also byproducts alone may be insufficient to
Department of Commerce report, has important non-fuel uses, and meet U.S. consumption.
currently in development pursuant to otherwise meets the criteria for
Executive Order 13817. inclusion. Authority: E.O. 13817, 82 FR 60835
The NSTC Mineral Criticality (December 26, 2017).
This final list is based on the
definition of a ‘‘critical mineral’’ Screening Tool was designed as an early Timothy R. Petty,
provided in Executive Order 13817. The warning screening tool that identifies Assistant Secretary for Water and Science.
U.S. Government and other potentially critical minerals using [FR Doc. 2018–10667 Filed 5–17–18; 8:45 am]
organizations may also use other regularly-reported and publicly-
BILLING CODE 4334–63–P
definitions and rely on other criteria to available data. The screening tool was
identify a material or mineral as designed so that potential mineral
‘‘critical’’ or otherwise important. This criticality could be evaluated in a DEPARTMENT OF THE INTERIOR
final list is not intended to replace those repeatable and transparent manner, on
related terms and definitions for an ongoing basis. This tool is updated Office of the Secretary
minerals or materials that are deemed annually by the USGS on behalf of the
NSTC Subcommittee when USGS [18XD0120AF/DT11100000/
strategic, critical or otherwise important
DST000000.54AB00; OMB Control Number
(e.g., National Defense Stockpile). The releases a new year of mineral
1035—New]
Department of the Interior recognizes production and price data. This
the economic significance and systematic, annual collection, analysis, Agency Information Collection
indispensable nature of other minerals and publication of mineral information Activities; Submission to the Office of
that are produced domestically in large is the foundation for the analysis of Management and Budget for Review
quantities such as copper, zinc, present-day security of supply for and Approval; Trust Evaluation System
molybdenum, gold, silver, and minerals and mineral materials and of
industrial minerals such as phosphate, changes in the security of supply over AGENCY: Office of the Special Trustee for
sand, gravel, and aggregate. Given time. With this basis, the finalized list American Indians, Interior.
current levels of domestic production, of critical minerals provides a starting ACTION: Notice of information collection;
the U.S. is not highly reliant on imports point for developing a new Federal request for comment.
for these minerals and typically has a strategy and a continuing process to
combination of domestic reserves and strengthen supply chains. The finalized SUMMARY: In accordance with the
reliable foreign sources adequate to list does not foreclose later addition of Paperwork Reduction Act of 1995, we,
meet foreseeable domestic consumption minerals that become critical in the the Office of the Special Trustee for
requirements. While these minerals do future due to advances in technology, American Indians (OST, we), are
not currently meet the definition of natural disasters, world events, and proposing a new information collection.
critical, they are similar to critical other factors influencing the security of DATES: Interested persons are invited to
daltland on DSKBBV9HB2PROD with NOTICES
minerals in that they are indispensable supply and demand. submit comments on or before June 18,
to a modern society for the purposes of As part of developing the new Federal 2018.
national security, technology, strategy, Executive Order 13817 and ADDRESSES: Send written comments on
infrastructure, and energy production Secretary’s Order 3359, ‘‘Critical this information collection request (ICR)
(both fossil fuels and renewables). It Mineral Independence and Security’’ to the Office of Management and
should be noted that some potential (December 21, 2017), direct further Budget’s Desk Officer for the
supply chain vulnerabilities relating to efforts to assess potential domestic Department of the Interior by email at
VerDate Sep<11>2014 16:38 May 17, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\18MYN1.SGM 18MYN1](https://thefederalregister.org/doc/83_FR_23392/page/2.svg)
Document Created: 2018-05-18 02:16:11
Document Modified: 2018-05-18 02:16:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Ryan Nichols, (202) 208-7250, [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800- 877-8339 to contact Mr. Nichols during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with this individual. You will receive a reply during normal business hours. Normal business hours are 9:00 a.m. to 5:30 p.m., Monday through Friday, except for Federal holidays. | |
| FR Citation | 83 FR 23295 |
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