[Federal Register Volume 90, Number 56 (Tuesday, March 25, 2025)]
[Presidential Documents]
[Pages 13673-13677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05212]
Presidential Documents
Federal Register / Vol. 90, No. 56 / Tuesday, March 25, 2025 /
Presidential Documents
[[Page 13673]]
Executive Order 14241 of March 20, 2025
Immediate Measures To Increase American Mineral
Production
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 301 of title 3, United
States Code, it is hereby ordered:
Section 1. Purpose. The United States possesses vast
mineral resources that can create jobs, fuel
prosperity, and significantly reduce our reliance on
foreign nations. Transportation, infrastructure,
defense capabilities, and the next generation of
technology rely upon a secure, predictable, and
affordable supply of minerals. The United States was
once the world's largest producer of lucrative
minerals, but overbearing Federal regulation has eroded
our Nation's mineral production. Our national and
economic security are now acutely threatened by our
reliance upon hostile foreign powers' mineral
production. It is imperative for our national security
that the United States take immediate action to
facilitate domestic mineral production to the maximum
possible extent.
Sec. 2. Definitions. For the purposes of this order:
(a) ``Mineral'' means a critical mineral, as
defined by 30 U.S.C. 1606(a)(3), as well as uranium,
copper, potash, gold, and any other element, compound
or material as determined by the Chair of the National
Energy Dominance Council (NEDC).
(b) ``Mineral production'' means the mining,
processing, refining, and smelting of minerals, and the
production of processed critical minerals and other
derivative products.
(c) The term ``processed minerals'' refers to
minerals that have undergone the activities that occur
after mineral ore is extracted from a mine up through
its conversion into a metal, metal powder, or a master
alloy. These activities specifically occur beginning
from the point at which ores are converted into oxide
concentrates, separated into oxides, and converted into
metals, metal powders, and master alloys.
(d) The term ``derivative products'' includes all
goods that incorporate processed minerals as inputs.
These goods include semi-finished goods (such as
semiconductor wafers, anodes, and cathodes) as well as
final products (such as 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 the
date of this order, the head of each executive
department and agency (agency) involved in the
permitting of mineral production in the United States
shall provide to the Chair of the NEDC a list of all
mineral production projects for which a plan of
operations, a permit application, or other application
for approval has been submitted to such agency. Within
10 days of the submission of such lists, the head of
each such agency shall, in coordination with the Chair
of the NEDC, identify priority projects that can be
immediately approved or for which permits can be
immediately issued, and take all necessary or
appropriate actions within the agency's authority to
expedite and issue the relevant permits or approvals.
(b) Within 15 days of the date of this order, the
Chair of the NEDC, in consultation with the heads of
relevant agencies, shall submit to the
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Executive Director of the Permitting Council mineral
production projects to be considered 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. Within 15 days of receiving the submission,
the Executive Director shall publish any projects
selected and establish schedules for expedited review.
(c) The Chair of the NEDC, in consultation with
relevant agencies, shall issue a request for
information to solicit industry feedback on regulatory
bottlenecks and other recommended strategies for
expediting domestic mineral production.
Sec. 4. Mining Act of 1872. Within 30 days of the date
of this order, the Chair of the NEDC and the Director
of the Office of Legislative Affairs shall jointly
prepare and submit recommendations to the President for
the 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 the date of this order, the Secretary of the
Interior shall 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 hold mineral deposits and
reserves. The Secretary of the Interior shall
prioritize mineral production and mining related
purposes as the primary land uses in these areas,
consistent with applicable law. Land use plans under
the Federal Land Policy and Management Act shall
provide for mineral production and ancillary uses, and
be amended or revised as necessary, to support the
intent of this order.
(b) Within 30 days of the date of this order, the
Secretary of Defense, the Secretary of the Interior,
the Secretary of Agriculture, and the Secretary of
Energy shall identify as many sites as possible on
Federal land managed by their respective agencies that
may be suitable for leasing or development pursuant to
10 U.S.C. 2667, 42 U.S.C. 7256, or other applicable
authorities, for the construction and operation of
private commercial mineral production enterprises and
provide such list to the Assistant to the President for
Economic Policy, the Assistant to the President for
National Security Affairs, and the Chair of the NEDC.
The Secretary of Defense, the Secretary of the
Interior, the Secretary of Agriculture, and the
Secretary of Energy shall prioritize including sites on
such lists on which mineral production projects could
be fully permitted and operational as soon as possible
and have the greatest potential effect on robustness of
the domestic mineral supply chain.
(c) The Secretary of Defense and the Secretary of
Energy shall enter into extended use leases as
authorized by 10 U.S.C. 2667 or by 42 U.S.C. 7256(a)
respectively, or using any other authority they deem
appropriate, with private entities to advance the
installation of commercial mineral production
enterprises on the lands identified pursuant to
subsection (b) of this section. The installation of
such commercial mineral production enterprises may be
accomplished through development and construction or
via modification of existing structures to be
compatible with commercial requirements.
(d) Within 30 days of the date of this order, the
Secretary of Defense and the Secretary of Energy shall
coordinate with the Secretary of Agriculture, the
Administrator of the Small Business Administration, and
the head of any other agency that provides or can
provide loans, capital assistance, technical
assistance, and working capital to domestic mineral
production project sponsors to ensure that all private
parties who enter into lease and commercial agreements
under subsection (c) of this section can utilize as
many favorable terms and conditions as are available
under public assistance programs for these purposes,
consistent with applicable law.
Sec. 6. Accelerating Private and Public Capital
Investment. (a) The Secretary of Defense shall utilize
the National Security Capital Forum to facilitate
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the introduction of entities to pair private capital
with commercially viable domestic mineral production
projects to the maximum possible extent.
(b) To address the national emergency declared
pursuant to 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 vested in me as President by
the Constitution and the laws of the United States of
America, including section 301 of title 3, United
States Code, I hereby delegate to the Secretary of
Defense the authority of the President conferred by
section 303 of the Defense Production Act (DPA) (50
U.S.C. 4533). The Secretary of Defense may use the
authority under section 303 of the DPA, in consultation
with the Secretary of the Interior, the Secretary of
Energy, the Chair of the NEDC, and the heads of other
agencies as the Secretary of Defense deems appropriate,
for the domestic production and facilitation of
strategic resources the Secretary of Defense deems
necessary or appropriate to advance domestic mineral
production in the United States. Further, within 30
days of the date of this order, the Secretary of
Defense shall add mineral production as a priority
industrial capability development area for the
Industrial Base Analysis and Sustainment Program.
(c) Agencies that are empowered to make loans, loan
guarantees, grants, equity investments, or to conclude
offtake agreements to advance national security in
securing vital mineral supply chains, both domestically
and abroad, shall, to the extent permitted by law, take
steps to rescind any policies that require an applicant
to complete and submit to the agency as part of an
application for such funds the disclosures that are
required by Regulation S-K part 1300.
(d) To address the national emergency declared
pursuant to Executive Order 14156, I hereby waive the
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 vested in me as President by the Constitution
and the laws of the United States of America, including
section 301 of title 3, United States Code, I hereby
delegate to the Chief Executive Officer (CEO) of the
United States International Development Finance
Corporation (DFC) the authority of the President
conferred by sections 301, 302, and 303 of the DPA (50
U.S.C. 4531, 4532, and 4533), and the authority to
implement the DPA in 50 U.S.C. 4554, 4555, 4556, and
4560. The CEO of the DFC may use the authority under
sections 301, 302 and 303 of the DPA, in consultation
with the Secretary of Defense, the Secretary of the
Interior, the Secretary of Energy, the Chair of the
NEDC, and the heads of other agencies as the CEO deems
appropriate, for the domestic production and
facilitation of strategic resources the CEO deems
necessary or appropriate to advance mineral production.
The loan authority delegated by this order is limited
to loans that create, maintain, protect, expand, or
restore domestic mineral production. Loans, loan
guarantees, and political risk insurance extended using
the authority delegated by this subsection shall be
made in accordance with the principles and guidelines
outlined in the Office of Management and Budget (OMB)
Circular A-11 and OMB Circular A-129, in each case
subject to such exceptions as the Director of OMB
grants, and the Federal Credit Reform Act of 1990, as
amended (2 U.S.C. 661 et seq.). The CEO of the DFC, in
coordination with the Director of OMB, shall adopt
appropriate rules and regulations as may be necessary
to implement this order in coordination with the
Assistant to the President for Economic Policy.
(e) Within 30 days of the date of this order, the
CEO of the DFC and the Secretary of Defense shall
develop and propose a plan to the Assistant to the
President for National Security Affairs for the DFC to
use Department of Defense investment authorities
(including the DPA) and the Department of Defense
Office of Strategic Capital to establish a dedicated
mineral and mineral production fund for domestic
investments executed by the DFC. Any such fund shall be
implemented pursuant to such plan only after approval
by each of the Secretary of Defense, the CEO of the
DFC, and the Assistant to the President for National
Security Affairs. Pursuant to
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the reimbursement authorities in the Economy Act, the
Secretary of Defense shall transfer to the DFC any
appropriated funds from the Defense Production Act Fund
or from the Office of Strategic Capital necessary to
reimburse the DFC in connection with its services
performed on behalf of and in coordination with the
Department of Defense to implement subsection (d) of
this section and this subsection. In connection with
such reimbursements, the Secretary of Defense shall
direct the Under Secretary of Defense (Comptroller) to
defer to the credit and underwriting policies of the
DFC with respect to the use of such funds by the DFC.
(f) Within 30 days of the date of this order, the
President of the Export-Import Bank shall release
recommended program guidance for the use of mineral and
mineral production financing tools authorized under the
Supply Chain Resiliency Initiative to secure United
States offtake of global raw mineral feedstock for
domestic minerals processing, as well as under the Make
More in America Initiative to support domestic mineral
production.
(g) Within 30 days of the date of this order, the
Assistant Secretary of Defense for Industrial Base
Policy shall convene buyers of minerals and work
towards an announced request for bids to supply the
minerals.
(h) Within 45 days of the date of this order, the
Administrator of the Small Business Administration
shall prepare and submit through the Assistant to the
President for Economic Policy recommendations for
legislation to enhance private-public capital
activities to support financings to domestic small
businesses engaged in mineral production. The
Administrator of the Small Business Administration
shall further take steps to promulgate such
regulations, rules, and guidance as the Administrator
determines are necessary or appropriate for such
purposes.
Sec. 7. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
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(c) This order is not intended to, and does not,
create any right or benefit, 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.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, March 20, 2025.
[FR Doc. 2025-05212
Filed 3-24-25; 8:45 am]
Billing code 3395-F4-P