On March 20, 2025, President Trump issued Executive Order 14241, titled “Immediate Measures to Increase American Mineral Production,” to facilitate domestic production of critical minerals vital for national security and economic prosperity (EO 14241). EO 14241 establishes short-term deadlines for federal agencies tasked with implementing the provisions summarized below.
Key Provisions of the Executive Order:
- Invocation of the Defense Production Act (DPA): EO 14241 utilizes the DPA to expedite and expand the supply of materials and services from the United States, which aims to promote national defense by bolstering domestic mineral production.
- Streamlining Permitting Processes: Federal agencies are directed to assemble and publish a list of priority mining projects and expedite the review and approval of these projects.
- Prioritization of Federal Lands: EO 14241 emphasizes the use of federal lands for mining activities, directing agencies to identify and prioritize lands suitable for mineral extraction and processing using private commercial entities.
- National Energy Dominance Council (NEDC): Chaired by Secretary of the Interior Burgum, the NEDC is tasked with overseeing the implementation of EO 14241 and coordinating efforts to enhance domestic mineral production. NEDC was previously established by Executive Order 14213 on February 14, 2025. The NEDC is also tasked with making recommendations to Congress to clarify the treatment of waste rock, tailings and mine waste disposal under the Mining Act of 1872 that regulates certain mining activities on federal lands.
- Acceleration of Private and Public Capital Investment: The Secretary of Defense is instructed to utilize the National Security Capital Forum to facilitate partnerships between private capital and commercially viable domestic mineral production projects. The President is waiving the requirements of 50 U.S.C. 4533(a)(1) through (a)(6), outlining the President’s authority under the DPA to provide financial incentives for national defense and critical infrastructure, paving the way for agencies to provide these financial incentives through loans, grants, investments, offtake agreements, etc. to secure mineral supply changes both in the United States and abroad.
For more information, contact Elizabeth Schenfisch and David Moeller.