This Week in Mining — Washington (#30, 2026)

U.S. halts key metal waste exports; new presidential action on critical minerals; Commerce restricts black mass exports; White House announces major mining investments; public comments open on metal tariffs

This Week in Mining — Washington (#30, 2026)

August 02, 2026 to August 08, 2026

This is Queen Street Analytics' weekly digest of regulatory developments, legislative discussions and other government-related news concerning metals and non-metals miners, explorers and prospectors. Once a week, we break down the most important updates in this space in under five minutes.

Want to track the upstream and downstream forces affecting Mining? Don’t miss this week’s updates in Manufacturing and Oil & Gas. Also consider subscribing to our Mining - Ottawa edition covering critical GR news north of the border.

📋 In This Week's Newsletter

• 🇺🇸 Federal Government News
• 📜 Legislative Updates
• 📚 What We're Reading This Week


Federal Government News

DPAS Directive Allocation Order and Additional Requirements for Recoverable Critical Minerals and Materials

The Department of Commerce's Bureau of Industry and Security (BIS) issued a temporary final rule restricting the export of black mass and tungsten waste and scrap, effective August 27, 2026, for one year. U.S. sellers must allocate all monthly sales of these materials to U.S. persons unless BIS grants an exception. The order was prompted by the Defense Production Act and a recent Presidential Determination, citing national defense concerns and material scarcity. Exceptions include processing abroad with return to the U.S., subject to BIS review. Enforcement partnerships with U.S. Customs and Border Protection will facilitate shipment detentions and compliance verification. BIS invites public comments on the rule until November 4, 2026. Emergency OMB clearance for information collection has been obtained.

Sources: www.federalregister.gov
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Presidential Determination on Recoverable Critical Minerals and Materials

President Trump issued Determination No. 2026-19 under Section 101 of the Defense Production Act, directing the Secretary of Commerce to secure supply chains for recoverable critical minerals and materials. The order expands the definition to include black mass, waste, and scrap containing critical minerals, excluding copper scrap already regulated. The memorandum instructs Commerce to take appropriate regulatory action, including rulemaking, guidance, and procedures, to ensure adequate supply for national defense. These measures follow concerns about U.S. reliance on imports and potential supply chain disruption.

Sources: www.federalregister.gov

Fact Sheet: White House Announces Billions in New Deals and Investments to Power American Mining

President Trump announced over $2 billion in mining and related project investments, alongside $180 million in mining school spending. Projects include $85 million for Standard Bauxite, $150 million for Niron Magnetics (rare earth-free magnets), $1.4 billion for Sila Nanotechnologies (battery production), and $400 million for Sunrise Energy Metals (scandium value chain). Federal agencies will direct funds to workforce development and mining education, aiming to reduce import dependence and secure supply chains. The Administration has approved 160 minerals deals worth $40 billion since January 2025, expanded tariffs, and issued executive orders on domestic mineral production and permitting.

Sources: www.whitehouse.gov

Request for Public Comments on Proposed Implementation of Duties on Additional Aluminum, Steel, and Copper Derivative Articles Under Section 232

The Department of Commerce's BIS requests public comments on a proposal to add 14 new derivative articles to Section 232 duties, affecting aluminum, steel, and copper products. Products under review include powder, conductor cables, cranes, trailers, and filled steel containers. Tariffs could be set at 25% for most items. The review is pursuant to Presidential Proclamation 11021, which allows adjustments to address national security risks from imports. Comments must address material composition, import volumes, production capacity, and economic impact, and are due August 27, 2026. Confidential submissions must follow BIS procedures.

Sources: www.federalregister.gov

Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Revisions to Arctic OCS Drilling Regulations

The Department of the Interior, through BSEE and BOEM, proposed regulatory updates for exploratory drilling on the Arctic Outer Continental Shelf. Changes expand the Arctic OCS definition, eliminate requirements for capturing water-based muds, revise equipment standards for capping stacks and containment domes, permit subsea isolation devices as alternatives to relief rigs, and clarify mudline cellar procedures. Provisions for suspensions of operations address seasonal constraints. Real-time monitoring requirements will align with other OCS regions, and Integrated Operations Plan mandates are removed, with key elements integrated into Exploration Plans.

Sources: www.federalregister.gov

Legislative Updates

A bill to amend the Atomic Energy Act of 1954 to align the licensing of uranium enrichment facilities with other fuel cycle facilities under that Act, and for other purposes.

Senate bill 5249 proposes aligning uranium enrichment facility licensing with other fuel cycle facilities under the Atomic Energy Act of 1954. The bill was read twice and referred to the Committee on Environment and Public Works.

Sources: www.congress.gov

Pit River Land Transfer Act of 2025

House bill 2400, impacting land transfer policy and Native American interests, was ordered to be reported with an amendment in the nature of a substitute favorably by the Committee on Indian Affairs. The policy area is relevant for land rights and potential mining or energy resource considerations.

Sources: www.congress.gov

A bill to amend the Toxic Substances Control Act to prohibit asbestos in commerce

Senate bill 5235 seeks to prohibit the manufacture, processing, use, and distribution of commercial asbestos and related mixtures and articles. It was read twice and referred to the Committee on Environment and Public Works.

Sources: www.congress.gov

A bill to amend the Federal Water Pollution Control Act to clarify the definition of navigable waters, and for other purposes.

Senate bill 5262 aims to clarify the definition of navigable waters under the Federal Water Pollution Control Act. Following introduction, the bill was referred to the Committee on Environment and Public Works.

Sources: www.congress.gov
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What We're Reading This Week

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