This Week in Mining — Washington (#33, 2026)

Montana mining regulation amendment denied by Interior; Commerce continues collection for critical minerals; Duty-free entry for scientific instruments under review; DPAS directive allocation orders for critical materials.

This Week in Mining — Washington (#33, 2026)

August 23, 2026 to August 29, 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

• 🏛️ This Week's Congressional Calendar
• 🇺🇸 Federal Government News
• 📚 What We're Reading This Week


This Week's Congressional Calendar

  • House Small Business Committee Hearing on Resource Needs and Small Business Opportunity: The House Small Business Subcommittee on Rural Development, Energy, and Supply Chains will hold a hearing titled “Fueling the Golden Age: Future Resource Needs and Small Business Opportunity.” Scheduled for September 2, 2026 at 2:00 PM in Rayburn 2360, the session will include testimony from Texas State Representative Cody Harris, Ted Ellis of America First Policy Institute, and Trevor Higgins of Center for American Progress.

Federal Government News

Interior Department Denies Montana Regulatory Amendment Under SMCRA

The Office of Surface Mining Reclamation and Enforcement announced the disapproval of an amendment to Montana's regulatory program under SMCRA, submitted after passage of SB 392 by the Montana Legislature. The proposal would have instituted equal assignment of court costs to prevailing parties in contested mining cases, affecting sections 82-4-251, 252, and 255 of the Montana Code Annotated. Federal review found the amendment inconsistent with SMCRA and federal regulations, notably by establishing a 'prevailing party' standard rather than the 'whenever appropriate' standard, thereby expanding cost recovery beyond 'bad faith.' Public hearings and written comments were cited, including concerns about impact on public participation. The final rule takes effect September 24, 2026, following publication in the Federal Register; procedural determinations under multiple executive orders were addressed.

Sources: www.federalregister.gov
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Commerce Department Seeks Comments on Directive Allocation Orders for Critical Minerals in Defense Supply

The Bureau of Industry and Security issued a notice inviting public comment regarding Directive Allocation Orders under the Defense Priorities and Allocations System (DPAS) for recoverable critical minerals. This follows Presidential Determination No. 2026-19, which authorizes actions to ensure the supply of critical minerals and materials essential to national defense. The emergency Temporary Final Rule was published August 6, 2026, and details electronic reporting requirements for companies subject to DPAS orders. Estimated annual burden is 3,126 hours for 600 respondents. Comments on the information collection are welcomed until October 26, 2026, referencing OMB Control Number 0694-0148.

Sources: www.federalregister.gov

Duty-Free Entry Applications for Scientific Instruments Relevant to Mining Research

The International Trade Administration published a notice on applications for duty-free entry of scientific instruments under Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act. Applicants include New Mexico Institute of Mining and Technology (JXA-IHP200F Field Emission Electron Probe MicroAnalyzer), University of Illinois (FaunaScan MR2 Portable Radar System), Washington State University (JEOL F-200 STEM with advanced detectors), and Michigan Technological University (Dielectrophoresis Instrument), among others. Comments on whether equivalent instruments are manufactured domestically must be postmarked by September 14, 2026. The list of eligible instruments, many of which support mining and geological analysis, is available through federal channels.

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

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