President Trump’s Executive Order Seeks to Initiate Immediate Measures to Increase American Mineral Production

On March 20, 2025, President Donald J. Trump issued an executive order (the Order) directing the Department of Defense, the Department of Energy, and other agencies involved in the financing and permitting process for domestic mining production to develop plans and take specific steps to enhance domestic mineral production in the United States (the U.S.).

The Order covers any critical mineral designated by the Secretary of the Interior pursuant to the Energy Act of 2020, as well as uranium, copper, potash, and gold, while also giving the National Energy Dominance Council the authority to deem any material as a qualifying mineral under the Order.[1] The Trump Administration, in a fact sheet on increasing American mineral production issued the same day, also considered “coal” a covered mineral, though coal was not mentioned in the Order.

The Order leverages the Defense Production Act (DPA) to address the national energy emergency declared in Executive Order 14156 on January 20, 2025. The DPA provides the President with broad authority to ensure the timely availability of essential domestic resources for national defense and other critical needs. In this context, the President has delegated authority to the Secretary of Defense and the CEO of the U.S. International Development Finance Corporation (DFC) to use DPA powers for domestic mineral production, which includes making loans, loan guarantees, and equity investments.

Here are three takeaways from the Order:

1. Federal Agencies Will Designate Priority Projects and Expedite Permitting

The Order mandates that within 10 days, the head of each executive department and agency involved in mineral production permitting must provide a list of all submitted mineral production projects to the Chair of the National Energy Dominance Council (NEDC). These projects will be reviewed and prioritized for immediate approval or expedited permitting. Additionally, the Chair of the NEDC will submit selected projects to the Executive Director of the Permitting Council for inclusion on the Permitting Dashboard to ensure transparency and expedited review.

Given that opening new mines and processing facilities can be a lengthy, perhaps decades long process, selecting “transparency projects” for the Permitting Dashboard would signal a rapid increase in the pace of permitting.

2. Potential Opportunities for Investments

The Order creates opportunities for private and public capital investment in the mineral production sector. The Secretary of Defense is tasked with utilizing the National Security Capital Forum to pair private capital with commercially viable domestic mineral production projects. Furthermore, the Order delegates to the CEO of the DFC authority under the DPA to facilitate the production of strategic resources deemed necessary for national security, includes making loans, loan guarantees, and equity investments to advance national security by securing vital mineral supply chains. Traditionally, the DFC was created to foster economic development in emerging markets by providing financing and technical support to foreign projects supporting U.S. strategic interests. This shift in tactical use may be at issue when the DFC is up for reauthorization in October 2025. In doing so, the Order waives certain requirements related to the terms of sale, delivery dates, and congressional notification.[2] In addition, the Order directs the President of the Export-Import bank to release program guidance of mineral financing tools. Taken together, the Order proposes numerous new ways to facilitate mineral investment.

3. Federal Agencies are Directed to Identify Federal Land to be Prioritized for Mineral Projects

The Order directs the Secretary of the Interior to identify federal lands with known mineral deposits and prioritize these areas for mineral production. Within 30 days, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Energy must identify suitable sites on federal land for leasing or development for private commercial mineral production enterprises. These sites will be prioritized based on their potential to enhance the domestic mineral supply chain.

By specifically focusing on known mineral deposits on federal lands, the Order highlights the administration’s awareness of the myriad of environmental and regulatory frameworks impacting domestic mining production and willingness to advance mining production despite any historic regulatory barriers.

Looking Ahead: Implementation Challenges

Despite the goals of the Order, several implementation challenges may arise. Environmental concerns and opposition from local communities could delay or obstruct the permitting and development of new mining projects. Additionally, the expedited timelines may not be achievable given limited resources or leave agency actions open to challenge if necessary supporting data and analysis cannot be completed. Given the multiple federal agencies and private stakeholders involved in advancing domestic mining production, companies seeking to take advantage of these opportunities should carefully navigate the emerging regulatory, environmental, and logistical challenges posed by the changing legal landscape. Finally, given the Order’s short timelines for implementing the President’s direction, companies should expect to see new guidance in the near future, even as soon as the coming weeks and months.

[1] 30 U.S.C. 1606(a)(3) (“critical mineral”).

[2] 50 U.S.C. § 4533 (Section 303 of the DPA).

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.