Publication
President Trump Issues Executive Order on Immediate Measures to Increase American Mineral Production
On March 20, 2025, President Trump issued an Executive Order (EO) directing his administration to immediately implement measures bolstering the production of America’s critical minerals, including uranium, copper, potash, gold, and any others as determined by the National Energy Dominance Council (NEDC), with a focus on expediting priority domestic mineral production projects, clarifying the Mining Act of 1872, recognizing land use for mineral projects, and accelerating private and public capital investment.
Expediting Priority Domestic Mineral Production Projects
The EO directs the federal agencies involved with permitting mineral production operations, to provide a list to the NEDC within 10 days (from date of EO) of all mineral production projects for which the responding Federal agency has received for approval a plan of operations, a permit application, or other related application. Additionally, within these 10 days, the responding Federal agency and NEDC need to determine which priority projects or permits can be immediately approved; and act in accordance with “the agency’s authority to expedite and issue the relevant permits or approvals.”1
The NEDC has 15 days (from date of EO) to submit to the Federal Permitting Improvement Council (Permitting Council), as established via the Fixing America’s Surface Transportation Act of 2015 (FAST-41), lists of mineral production projects for consideration as transparency projects on the Permitting Dashboard. The Permitting Council has 15 days upon receipt of the lists to publish any selected projects and establish expedited review timeframes for each. To further expedite priority domestic mineral projects, the Administration is instructed to solicit industry input regarding regulatory hurdles, streamlining suggestions, and other recommendations that could advance domestic mineral production.
Clarifying the Mining Act of 1872
The EO directs the NEDC, jointly with the Office of Legislative Affairs, to prepare and transmit to the President for the Congress, recommendations to clarify under the Mining Act of 1872, “the treatment of waste rock, tailings, and mine waste disposal.”2
Recognizing Land Use for Mineral Projects
The EO directs the Interior Secretary to provide within 10 days (from date of EO) a comprehensive list of Federal lands which hold mineral deposits and reserves. In addition to stipulating that the primary land use for these identified areas shall be that of “mineral production and mining related purposes,” the EO instructs that the relevant land use plans which are prepared in accordance with the Federal Land Policy and Management Act of 1976, as Amended, are to be revised as necessary to recognize the prioritization of mineral production and ancillary uses.3
The EO further directs the Administration to identify all Federal lands that, in accordance with applicable law, are potentially conducive for leasing or development for the construction and operation of private commercial mineral production operations; and to provide this information within 30 days (from date of EO) to the President’s Assistants for Economic Policy and National Security Affairs, and the NEDC. This information prioritizes the sites on which mineral production projects can be fully permitted and operational and may have the greatest impact on the domestic mineral supply chain.
In accordance with applicable law, the Secretaries of Defense and Energy are required to “enter into extended use leases…with private entities to advance the installation of commercial mineral production enterprises;”4 and the Administration is to ensure the availability of “as many favorable terms and conditions” as permissible under relevant public assistance programs, to the private parties entering into such lease and commercial agreements.5
Accelerating Private and Public Capital Investment
The EO establishes numerous measures on accelerating private and public capital investment, including directing the Defense Secretary to “utilize the National Security Capital Forum to facilitate the introduction of entities to pair private capital with commercially viable domestic mineral production projects;”6 and, in accordance with the Defense Production Act of 1950, as Amended, to work with other relevant Federal agencies to ascertain and implement measures advancing domestic mineral production. The EO also directs those Federal agencies empowered to engage in utilizing financial mechanisms or related agreements for the purpose of advancing “national security in securing vital mineral supply chains, both domestically and abroad” to rescind, as permitted by law, any policies requiring the disclosures by registrants engaged in mining operations be completed and submitted as part of an application by an applicant seeking such funds.7
The EO further delegates to the United States International Development Finance Corporation (DFC) the authority to issue loans that specifically “create, maintain, protect, expand, or restore domestic mineral production;”8 and through the use of the Defense Department’s investment authorities and Office of Strategic Capital, the DFC and the Defense Secretary are instructed to develop and propose a plan establishing a fund for domestic investments in mineral production. The EO also directs that within 30 days (from date of EO), the Export-Import Bank is to provide guidance regarding the use of the mineral and mineral production financing tools authorized via the Supply Chain Resiliency Initiative and the Make More in America Initiative “to secure United States offtake of global raw mineral feedstock for domestic mineral processing, as well as…to support domestic mineral production.”9 Additionally, the EO directs that within 45 days (from date of EO), the Small Business Administration (SBA) is to prepare legislative proposals that will “enhance private-public capital activities to support financings to domestic small businesses engaged in mineral production” and to promulgate such regulatory actions as necessary to implement these measures.10
With the quick turnaround this EO places on the Federal agencies, it likely won’t be long before notices are published in the Federal Register requesting input from the mining industry. We will be monitoring the developments of the actions associated in executing this EO and regularly reporting updates. Participation in the public comment process can provide an essential opportunity for the mining industry and other interested parties to assist in advancing domestic mineral production and to help ensure proper consideration of the regulatory measures.
**Any opinions expressed are the authors’, and not necessarily those of the firm or their colleagues.
Footnotes
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President Donald J. Trump. Executive Order: Immediate Measures to Increase American Mineral Production. March 20, 2025. Section 3(a).
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Id., Section 4.
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Id., Section 5(a).
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Id., Section 5(c).
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Id., Section 5(d).
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Id., Section 6(a).
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Id., Section 6(c).
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Id., Section 6(d).
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Id., Section 6(f).
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Id., Section 6(h).
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