Presidential Determination Pursuant to Section 101 of the Defense Production Act of 1950, as Amended, on Recoverable Critical Minerals and Materials

• Citation: 91 FR 50465
• Published date: 04 August 2026
• FR Document: 2026-15859
• Pages: 50465-50466
• Section: Presidential Documents
• Issuer: Executive Office of the President

Presidential Documents

50465

Federal Register

Vol. 91, No. 148

Tuesday, August 4, 2026

Title 3—

The President

Presidential Determination No. 2026–19 of July 30, 2026

Presidential Determination Pursuant to Section 101 of the De-

fense Production Act of 1950, as Amended, on Recoverable

Critical Minerals and Materials

Memorandum for the Secretary of Commerce

Section 1. Policy and General Findings. (a) Recoverable critical minerals

and materials (CMMs) are industrial resources necessary to promote the

national defense.

(b) America’s inadequate supply of CMMs poses an increasing risk to

our national defense and security. The United States relies heavily on imports

of certain CMMs from foreign sources, and this reliance threatens serious,

sustained supply chain disruptions.

(c) It is imperative that the United States takes immediate action to secure

the supply of recoverable CMMs.

Sec. 2. Definitions. For the purposes of this determination:

(a) The term ‘‘recoverable critical minerals and materials’’ includes black

mass, end-of-life, rare-earth permanent magnets or other goods that have

fully completed the manufacturing process; swarf; and other waste and

scrap containing critical minerals and materials. The term ‘‘recoverable crit-

ical minerals and materials’’ does not include copper scrap, which is already

covered under Proclamation 10962 of July 30, 2025 (Adjusting Imports of

Copper Into the United States).

(b) The term ‘‘critical minerals and materials’’ includes minerals as defined

in Executive Order 14241 of March 20, 2025 (Immediate Measures to Increase

American Mineral Production); strategic and critical materials, as defined

by 50 U.S.C. 98h-3; critical materials, as defined by section 7002(a)(2) of

the Energy Act of 2020, Public Law 116–260, 134 Stat. 1182, 2562; and,

notwithstanding Executive Order 13603 of March 16, 2012 (National Defense

Resources Preparedness), any other mineral or material designated by the

Secretary of Commerce.

Sec. 3. Ensuring an Adequate Supply of Recoverable CMMs. (a) By the

authority vested in me as President by the Constitution and the laws of

the United States of America, including section 101 of the Defense Production

Act of 1950, as amended (the ‘‘Act’’) (50 U.S.C. 4511), I hereby find, pursuant

to section 101 of the Act, that:

(i) recoverable CMMs are scarce and critical materials essential to the

national defense; and

(ii) the requirements of the national defense for recoverable CMMs cannot

otherwise be met without creating a significant dislocation of the normal

distribution of such material in the civilian market to such a degree

as to create appreciable hardship.

VerDate Sep<11>2014 21:26 Aug 03, 2026 Jkt 268001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUO0.SGM 04AUO0

lotter on DSK8BHNXB4PROD with FR_PREZDOC0

50466

Federal Register / Vol. 91, No. 148 / Tuesday, August 4, 2026 / Presidential Documents

(b) You are authorized and directed to implement this determination by

taking all appropriate action under section 101 of the Act pursuant to

the authority delegated to the Secretary of Commerce in Executive Order

13603, including by issuing regulations, rules, guidance, and procedures,

and to publish this determination in the Federal Register.

THE WHITE HOUSE,

Washington, July 30, 2026

[FR Doc. 2026–15859

Filed 8–3–26; 11:15 am]

Billing code 3510–DT–P

VerDate Sep<11>2014 21:26 Aug 03, 2026 Jkt 268001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\04AUO0.SGM 04AUO0

Trump.EPS</GPH>

lotter on DSK8BHNXB4PROD with FR_PREZDOC0