Executive Order on Immediate Measures to Increase American Mineral Production

The Executive Order outlines several key actions aimed at facilitating domestic mineral production in the United States, citing acute threats to its national and economic security due to reliance on “hostile foreign powers’ mineral production”. The key highlights of the Executive Order are set out below:

• Scope of Minerals: The order expands the scope of minerals covered thereunder by adding uranium, copper, potash, gold, and any other element as determined by the Chair of the National Energy Dominance Council (NEDC) to the definition of critical minerals under 30 U.S.C. 1606(a)(3).
• Priority Projects: Within 10 days of the order, heads of agencies involved in permitting mineral production projects must provide a list of all mineral production projects that have submitted permit applications for approval. Within 10 days thereafter, the agencies in coordination with the NEDC, are to identify priority projects for immediate approval and take all necessary actions to expedite and issue the relevant permits and approvals.
• Land Use for Mineral Projects: Within 10 days of the order, a list of all federal lands known to hold mineral deposits and reserves is to be prepared and, in these areas, mineral production and mining related purposes are to be prioritized as the primary land uses. 
• Private-sector projects: Within 30 days, various agencies are required to identify suitable sites on federal lands for the construction and operation of private commercial mineral production projects, prioritizing sites on which such projects could be permitted and operational as soon as possible. Agencies are required to coordinate to ensure that such private projects can utilise favourable terms under public assistance programmes for loans, capital, and technical assistance. 
• Investment: The order includes various measures to boost investment for domestic mineral production. It requires various agencies to develop and propose a plan for the United States International Development Finance Corporation (DFC) to use Department of Defense investment authorities to establish a dedicated mineral and mineral production fund for domestic investments executed by DFC. It also seeks to facilitate the pairing of private capital with commercially viable domestic mineral production projects. 
• Industry consultation: The order requires that industry feedback be solicited on regulatory bottlenecks and strategies for expediting domestic mineral production.

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