President Trump Issues Executive Order for Immediate Measures to Increase American Mineral Production

Background

On March 25, 2025, President Trump’s Executive Order 14241, Immediate Measures to Increase American Mineral Production, was published in the Federal Register.¹ The Critical Minerals Executive Order aims to revitalize domestic mineral production amid national security vulnerabilities and economic concerns stemming from the United States’ reliance on foreign mineral resources. The Order outlines immediate measures to facilitate and expedite mineral production across the country, emphasizing the need for a secure, predictable, and affordable supply of minerals essential for numerous industries, including defense, technology, transportation, and infrastructure. At a high level, the Order requires that the Department of Defense (DoD), along with other relevant departments such as the Departments of the Interior, Energy, and Agriculture, identify critical minerals projects, prioritize and accelerate permitting for relevant projects, and mobilize funds to revive the US critical mineral industry.

Notably, the Order does not identify an exhaustive list of critical minerals, but points to the definition of 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 U.S. Secretary of the Interior, who serves as the Chair of the National Energy Dominance Council (NEDC).²  Additional critical minerals have previously been identified by the Department of Energy as recently as August 2023, when it issued a list of critical minerals.³

The implementation of the Administration’s measures is composed of multiple key provisions detailed below.

1.      Initiating Priority Projects

The Executive Order outlines multiple “priority projects,” including the requirement that (a) by March 30, agencies submit a list of pending mineral production projects and by April 9, agencies, in coordination with the Chair of the NEDC, will identify priority projects that can be immediately approved for expedited issuance of relevant permits or approvals, (b) within 15 days, the Secretary of the Interior, in consultation with the head of relevant agencies, will submit mineral production projects to the Executive Director of the Permitting Council for consideration as transparency projects on the Permitting Dashboard, the Executive Director will subsequently publish any projects selected and establish schedules for expedited review, and (c) the Chair of the NEDC, in consultation with relevant agencies, shall request industry feedback on “regulatory bottlenecks” and strategies for expediting domestic mineral production. 

2.      Clarifying the Mining Act of 1872

The Order seeks to clarify language in the Mining Act of 1872. Specifically, the Secretary of the Interior and the Director of the Office of Legislative Affairs must submit recommendations by April 19 to the President for Congress to aid in clarifying regulations regarding waste rock and mine waste disposal under the Mining Act of 1872.

3.      Identifying Land Use for Mineral Projects

By March 30, the Secretary of the Interior will identify a list of federal lands with mineral deposits and prioritize their use for mineral production. Additionally, by April 19, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Energy will identify as many sites on Federal land as possible that may be suitable for leasing or development of private commercial mineral production enterprises and provide the list of sites to Assistant to the President for Economic Policy, the Assistant to the President for National Security Affairs, and the Secretary of the Interior. The list will prioritize sites where mineral production projects are able to be fully permitted and operational as soon as possible. The Order likewise authorizes the Secretary of Defense and the Secretary of Energy to enter into appropriate extended-use leases, which advance the installation of commercial mineral production enterprises on the lands identified.⁴   

Finally, by April 19, the Secretary of Defense and the Secretary of Energy shall coordinate with the Secretary of Agriculture, the Administrator of the Small Business Administration (SBA), and the head of other agencies providing loans, capital assistance, technical assistance, and working capital to domestic mineral production project sponsors to ensure favorable terms to private parties entering into lease or commercial agreements for the development of private commercial mineral production.⁵

4.      Accelerating Private and Public Capital Investment

The Order also directs agency heads, such as the Secretary of Defense, the Chief Executive Officer (CEO) of the International Development Finance Corporation (DFC), and the President of the Export-Import Bank to work to increase private capital into domestic mineral projects.

To facilitate investment in mineral production, the Secretary of Defense is required to use the National Security Capital Forum to pair private capital with commercially viable domestic mineral production projects. Additionally, the Secretary of Defense is delegated the authority under section 303 of the Defense Production Act to, 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, advance domestic mineral production and facilitate strategic resources. By April 19, the Secretary of Defense Secretary of Defense shall add mineral production as a priority industrial capability development area for the Industrial Base Analysis and Sustainment Program.⁶

The Order aims to streamline the process of increasing domestic mineral production by waiving certain requirements such as 50 U.S.C. 4533(a)(1) through (a)(6) and requiring agencies empowered to make loans, loan guarantees, grants, or equity investments, to take steps to rescind any policies that require the completion or submission of disclosures required by Regulation S-K part 1300.⁷

The President has delegated authority to the CEO of the DFC to support the initiative through loans and investments, allowing the DFC to use its authority in consultation with relevant agencies to enhance the production of critical minerals. 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.⁸

The Order requires a number of actions within 30 days relating to the acceleration of private and public capital investment. First, the CEO of the DFC and the Secretary of Defense shall propose a plan to the Assistant to the President for National Security Affairs to establish a dedicated mineral and mineral production fund for domestic investments executed by the DFC. Second, the President of the Export-Import Bank shall issue guidance for the use of mineral and mineral production financing tools authorized under the Supply Chain Resiliency Initiative and the Make More in America Initiative. Finally, the Assistant Secretary of Defense for Industrial Base Policy is required to convene buyers of minerals and work towards issuing a request for bids to supply the materials.⁹

Further, by May 4, the SBA Administrator must submit recommendations for legislation to enhance private-public capital financings to domestic small businesses engaged in mineral production. The SBA Administrator must likewise take steps to promulgate any regulations, rules, and guidance necessary to support such financings.¹⁰

Conclusion

The Critical Minerals Executive Order was not issued in isolation, but dovetails with several other recent policy items related to critical minerals. These include Congress’ National Policy on Critical Minerals and a January 20, 2025, Executive Order, which declares a national energy emergency and aims to remediate energy production deficiencies.¹¹ These policy efforts reflect a whole-of-government urgency to take concrete steps to address the United States’ foreign critical mineral dependency. These include significant funding mechanisms from traditional and new sources as well as accelerated permitting for priority projects. Accordingly, for those involved in the critical minerals industry, this is potentially a watershed moment that requires additional attention and participation.

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