By the authority granted to me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby issue the following order:
Section 1. Purpose. The United States holds substantial mineral resources that can generate employment, boost economic growth, and greatly decrease our dependence on foreign countries. The secure, reliable, and affordable supply of minerals is crucial for transportation, infrastructure, defense capabilities, and the advancement of future technologies. Once the world’s top producer of valuable minerals, the United States has seen its mineral production diminish due to excessive Federal regulations. Our national and economic security is now severely jeopardized by our dependency on mineral production from adversarial foreign nations. It is essential for our national security that the United States promptly acts to enhance domestic mineral production to the fullest extent possible.
Sec. 2. Definitions. For the purpose of this order:
(a) “Mineral” refers to a critical mineral as defined by 30 U.S.C. 1606(a)(3), including uranium, copper, potash, gold, and any other element, compound, or material designated by the Chair of the National Energy Dominance Council (NEDC).
(b) “Mineral production” encompasses the mining, processing, refining, and smelting of minerals, along with the production of processed critical minerals and other derivative products.
(c) The term “processed minerals” denotes minerals that have undergone subsequent processes after mineral ore extraction from a mine until their transformation into a metal, metal powder, or master alloy. These processes begin when ores are converted into oxide concentrates, separated into oxides, and transformed into metals, metal powders, and master alloys.
(d) The term “derivative products” includes all items that utilize processed minerals as inputs. This category comprises semi-finished products (such as semiconductor wafers, anodes, and cathodes) and final products (like permanent magnets, motors, electric vehicles, batteries, smartphones, microprocessors, radar systems, wind turbines and their components, and advanced optical devices).
Sec. 3. Priority Projects. (a) Within 10 days of this order, the head of each executive department and agency (agency) involved in permitting mineral production in the United States must provide the Chair of the NEDC with a list of all mineral production projects for which plans of operations, permit applications, or other approvals have been submitted to their agency. Within 10 days of submitting these lists, each agency head shall, in collaboration with the Chair of the NEDC, identify priority projects that can be approved immediately or for which permits can be issued promptly, and take all necessary actions within their authority to expedite the issuance of relevant permits or approvals.
(b) Within 15 days of this order, the Chair of the NEDC, in consultation with relevant agency heads, will submit to the Executive Director of the Permitting Council mineral production projects to be designated as transparency projects on the Permitting Dashboard established under section 41003 of title 41 of the Fixing America’s Surface Transportation Act, Public Law 114-94, 129 Stat. 1748. The Executive Director shall publish selected projects and set schedules for expedited review within 15 days of receiving the submission.
(c) The Chair of the NEDC, in collaboration with relevant agencies, will issue a request for information to gather industry feedback on regulatory hurdles and suggestions for expediting domestic mineral production.
Sec. 4. Mining Act of 1872. Within 30 days of this order, the Chair of the NEDC and the Director of the Office of Legislative Affairs will jointly prepare and submit recommendations to the President for Congress to clarify the treatment of waste rock, tailings, and mine waste disposal under the Mining Act of 1872.
Sec. 5. Land Use for Mineral Projects. (a) Within 10 days of this order, the Secretary of the Interior will identify and provide the Assistant to the President for Economic Policy and the Assistant to the President for National Security Affairs with a list of all Federal lands known to contain mineral deposits and reserves. The Secretary of the Interior will prioritize mineral production and mining as the primary land uses in these areas, in accordance with applicable law. Land use plans under the Federal Land Policy and Management Act must facilitate mineral production and related uses, and be amended or revised as necessary to support this order’s objectives.
(b) Within 30 days of this order, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Energy will identify as many Federal land sites managed by their respective agencies as possible that may be suitable for leasing or development under 10 U.S.C. 2667, 42 U.S.C. 7256, or other relevant authorities, for constructing and operating private commercial mineral production enterprises. They will provide this list to the President’s Assistant for Economic Policy, the Assistant to the President for National Security Affairs, and the Chair of the NEDC. This group will prioritize including sites on such lists where mineral production projects could be fully permitted and operational quickly, significantly impacting the robustness of the domestic mineral supply chain.
(c) The Secretary of Defense and the Secretary of Energy will enter into extended use leases as authorized by 10 U.S.C. 2667 or 42 U.S.C. 7256(a), or any other authority deemed appropriate, with private entities to promote the establishment of commercial mineral production enterprises on lands identified pursuant to subsection (b). This may involve the development and construction of new facilities or modifications to existing structures to align with commercial requirements.
(d) Within 30 days of this order, the Secretary of Defense and the Secretary of Energy will coordinate with the Secretary of Agriculture, the Administrator of the Small Business Administration, and heads of other agencies that provide loans, capital assistance, technical support, and working capital to domestic mineral production project sponsors, ensuring that all private parties entering lease and commercial agreements under subsection (c) can take advantage of favorable terms and conditions available under public assistance programs, in accordance with applicable law.
Sec. 6. Accelerating Private and Public Capital Investment. (a) The Secretary of Defense will leverage the National Security Capital Forum to facilitate partnerships between private capital and commercially viable domestic mineral production projects to the greatest extent possible.
(b) To address the national emergency declared through Executive Order 14156 of January 20, 2025 (Declaring a National Energy Emergency), I hereby waive the requirements of 50 U.S.C. 4533(a)(1) through (a)(6). By the authority granted to me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I delegate to the Secretary of Defense the President’s authority under section 303 of the Defense Production Act (DPA) (50 U.S.C. 4533). The Secretary may utilize this authority in consultation with the Secretary of the Interior, the Secretary of Energy, the Chair of the NEDC, and other agency heads as deemed appropriate, for the domestic production and facilitation of strategic resources deemed essential to promote domestic mineral production in the U.S. Furthermore, within 30 days of this order, the Secretary of Defense will designate mineral production as a priority industrial capability development area for the Industrial Base Analysis and Sustainment Program.
(c) Agencies authorized to provide loans, loan guarantees, grants, equity investments, or to conclude offtake agreements to advance national security in securing vital mineral supply chains, both domestically and internationally, shall, as permitted by law, rescind any policies requiring that an applicant must complete and submit disclosures mandated by Regulation S-K part 1300 as part of any application for such funds.
(d) In response to the national emergency declared under Executive Order 14156, I hereby waive requirements of 50 U.S.C. 4531(d)(1)(a)(ii), 4332(d)(1)(B), and 4533(a)(1) through (a)(6). By the authority granted to me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I delegate to the CEO of the United States International Development Finance Corporation (DFC) the President’s authority under sections 301, 302, and 303 of the DPA (50 U.S.C. 4531, 4532, and 4533), and to implement the DPA as outlined in 50 U.S.C. 4554, 4555, 4556, and 4560. The DFC CEO may use this authority, in consultation with the Secretary of Defense, the Secretary of the Interior, the Secretary of Energy, the Chair of the NEDC, and other agency heads as deemed appropriate, for the domestic production and facilitation of strategic resources necessary to bolster mineral production. This loan authority is limited to loans that support, sustain, enhance, or restore domestic mineral production. Loans, guarantees, and political risk insurance issued under this authority will comply with the principles and guidelines stipulated in the Office of Management and Budget (OMB) Circular A-11 and OMB Circular A-129, with exceptions granted by the Director of OMB, and the Federal Credit Reform Act of 1990, as amended (2 U.S.C. 661 et seq). The DFC CEO, in coordination with the Director of OMB, will implement appropriate rules and regulations necessary to enforce this order in conjunction with the Assistant to the President for Economic Policy.
(e) Within 30 days of this order, the DFC CEO and the Secretary of Defense will create and propose a strategy to the Assistant to the President for National Security Affairs for the DFC to utilize Department of Defense investment powers (including the DPA) and the Department of Defense Office of Strategic Capital to set up a dedicated mineral and mineral production fund for domestic investments managed by the DFC. Implementation of this fund shall proceed as per the approved plan only after receiving consent from the Secretary of Defense, the DFC CEO, and the Assistant to the President for National Security Affairs. In alignment with reimbursement authority in the Economy Act, the Secretary of Defense will allocate to the DFC any appropriated funds from the Defense Production Act Fund or the Office of Strategic Capital necessary for reimbursement in connection with services rendered on behalf of and in coordination with the Department of Defense to fulfill subsection (d) and this subsection. Regarding such reimbursements, the Secretary of Defense will ensure that the Under Secretary of Defense (Comptroller) adheres to the DFC’s credit and underwriting standards.
(f) Within 30 days of this order, the President of the Export-Import Bank will issue recommended guidance for utilizing mineral and mineral production financing methods authorized under the Supply Chain Resiliency Initiative to secure U.S. offtake of global raw mineral feedstock for domestic mineral processing, as well as through the Make More in America Initiative to foster domestic mineral production.
(g) Within 30 days of this order, the Assistant Secretary of Defense for Industrial Base Policy will convene buyers of minerals and strive towards a public request for bids for mineral supplies.
(h) Within 45 days of this order, the Administrator of the Small Business Administration will prepare and submit recommendations for legislation through the Assistant to the President for Economic Policy to enhance public-private capital activities supporting financing for domestic small businesses engaged in mineral production. The Administrator will also proceed to issue necessary regulations, rules, and guidance as deemed appropriate for these objectives.
Sec. 7. General Provisions. (a) Nothing in this order should be interpreted to impair or otherwise affect:
(i) the authority granted by law to any executive department or agency, or its head; or
(ii) the functions of the Director of the Office of Management and Budget regarding budgetary, administrative, or legislative proposals.
(b) This order shall be executed in accordance with applicable law and subject to the availability of appropriations.
(c) This order does not intend to and does not create any rights or benefits, either substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
March 20, 2025.
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