Finance08 August, 20263 min read
U.S. Department of Commerce Imposes One-Year License for Black Mass and Tungsten Waste Exports
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Commerce to impose one-year export licensing on black mass and tungsten waste. 3 Proton Lithium reports inferred 1.78 million tonnes tungsten at Railroad Valley project.
Licenses for critical metals
The U.S. Department of Commerce’s Bureau of Industry and Security is preparing to impose a one-year licensing requirement on exports of black mass and tungsten waste and scrap, with the restriction set out in a temporary final rule open for public comment.
The move follows a Presidential Determination issued last week under Section 101 of the Defense Production Act, and the Commerce Department says the determination identifies recoverable critical minerals and materials as scarce and essential to national defense.
Under the temporary rule, black mass—shredded metals recovered from recycled lithium-ion batteries—along with tungsten waste and scrap, would be sold only within the United States unless an exporter obtains a license.
The Commerce Department says the temporary rule is needed to immediately secure the supply of these recoverable materials, which are deemed vital to national defense requirements.
The action is described as part of the administration’s broader effort to secure critical mineral supplies for defense and military needs, amid Chinese export controls that also apply to tungsten.
Nevada find meets NASA limits
Separately, 3 Proton Lithium (3PL) announced on August 5, 2026 that it identified the largest tungsten deposit ever discovered in the United States as part of its Railroad Valley Minerals project in Nye County, Nevada. The company said the deposit would contain about 1.78 million tons of extractable tungsten, valued at around $152 billion based on current market prices, and it described the discovery as a world-class deposit that surprised it most. NASA opposes the extraction, and the sources say a land-use restriction implemented for several years by NASA could complicate exploitation of the site.
In 2023, about 44 square kilometers of land were removed from exploration and mining activities at NASA’s request to preserve a satellite calibration zone located in the Nevada desert. The Times of India adds that at NASA’s request the Bureau of Land Management withdrew approximately 17 square miles from new mining and exploration activity in 2023, preventing 3 Proton Lithium from drilling in the area.
Company pushes back, policy stakes
Kevin Moore, Chief Financial Officer and President of 3PL, said, "We now have a world-class deposit that brings together several critical minerals within the same basin," and he added that the discovery that surprised him most was tungsten. Moore also framed the conflict with NASA as a national security issue, saying, "It is a matter of national security," while the sources describe the United States as having stopped extracting tungsten ten years ago and now depending on imports. The Times of India reports that 3 Proton Lithium has raised nearly $50 million to pursue the project and is lobbying the Trump administration and Congress to reconsider the federal land withdrawal.
The same source says the dispute reflects tension in the critical-minerals sector, where the U.S. government wants domestic sources for defense and advanced manufacturing while federal agencies protect scientific research sites and public lands. In the background of the licensing move, the Commerce Department’s determination is described as authorizing the Secretary of Commerce to use delegated authority to implement the measure, tying export controls to national defense requirements.