Chapter 28, Section 1606, Subsection (c) · 30 U.S.C. Chapter 28 — MATERIALS AND MINERALS POLICY, RESEARCH, AND DEVELOPMENT

Contents

(c)

(1)The Secretary, acting through the Director of the United States Geological Survey (referred to in this subsection as the “Secretary”), shall publish in the Federal Register for public comment—

(A)a description of the draft methodology used to identify a draft list of critical minerals;

(B)a draft list of minerals, elements, substances, and materials that qualify as critical minerals; and

(C)a draft list of critical minerals recovered as byproducts and their host minerals.

(2)If available data is insufficient to provide a quantitative basis for the methodology developed under this subsection, qualitative evidence may be used to the extent necessary.

(3)After reviewing public comments on the draft methodology and the draft lists published under paragraph (1) and updating the methodology and lists as appropriate, not later than 45 days after the date on which the public comment period with respect to the draft methodology and draft lists closes, the Secretary shall publish in the Federal Register—

(A)a description of the final methodology for determining which minerals, elements, substances, and materials qualify as critical minerals;

(B)the final list of critical minerals; and

(C)the final list of critical minerals recovered as byproducts and their host minerals.

(4)

(A)For purposes of carrying out this subsection, the Secretary shall maintain a list of minerals, elements, substances, and materials designated as critical, pursuant to the final methodology published under paragraph (3), that the Secretary determines—

(i)are essential to the economic or national security of the United States;

(ii)the supply chain of which is vulnerable to disruption (including restrictions associated with foreign political risk, abrupt demand growth, military conflict, violent unrest, anti-competitive or protectionist behaviors, and other risks throughout the supply chain); and

(iii)serve an essential function in the manufacturing of a product (including energy technology-, defense-, currency-, agriculture-, consumer electronics-, and health care-related applications), the absence of which would have significant consequences for the economic or national security of the United States.

(B)Notwithstanding the criteria under paragraph (3), the Secretary may designate and include on the list any mineral, element, substance, or material determined by another Federal agency to be strategic and critical to the defense or national security of the United States.

(C)The Secretary shall consult with the Secretaries of Defense, Commerce, Agriculture, Health and Human Services, and Energy and the United States Trade Representative in designating minerals, elements, substances, and materials as critical under this paragraph.

(5)

(A)The Secretary, in consultation with the Secretaries of Defense, Commerce, Agriculture, Health and Human Services, and Energy and the United States Trade Representative, shall review the methodology and list under paragraph (3) and the designations under paragraph (4) at least every 3 years, or more frequently as the Secretary considers to be appropriate.

(B)Subject to paragraph (4)(A), the Secretary may—

(i)revise the methodology described in this subsection;

(ii)determine that minerals, elements, substances, and materials previously determined to be critical minerals are no longer critical minerals; and

(iii)designate additional minerals, elements, substances, or materials as critical minerals.

(6)On finalization of the methodology and the list under paragraph (3), or any revision to the methodology or list under paragraph (5), the Secretary shall submit to Congress written notice of the action.

United States Government work; public domain under 17 U.S.C. § 105.