[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Pages 23295-23296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10667]


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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.

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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, 
[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.

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