Declaring a National Energy Emergency
Declaring a National Energy Emergency
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the National Emergencies Act (50
U.S.C. 1601 et seq.) (``NEA''), and section 301 of
title 3, United States Code, it is hereby ordered:
Section 1. Purpose. The energy and critical minerals
(``energy'') identification, leasing, development,
production, transportation, refining, and generation
capacity of the United States are all far too
inadequate to meet our Nation's needs. We need a
reliable, diversified, and affordable supply of energy
to drive our Nation's manufacturing, transportation,
agriculture, and defense industries, and to sustain the
basics of modern life and military preparedness. Caused
by the harmful and shortsighted policies of the
previous administration, our Nation's inadequate energy
supply and infrastructure causes and makes worse the
high energy prices that devastate Americans,
particularly those living on low- and fixed-incomes.
This active threat to the American people from high
energy prices is exacerbated by our Nation's diminished
capacity to insulate itself from hostile foreign
actors. Energy security is an increasingly crucial
theater of global competition. In an effort to harm the
American people, hostile state and non-state foreign
actors have targeted our domestic energy
infrastructure, weaponized our reliance on foreign
energy, and abused their ability to cause dramatic
swings within international commodity markets. An
affordable and reliable domestic supply of energy is a
fundamental requirement for the national and economic
security of any nation.
The integrity and expansion of our Nation's energy
infrastructure--from coast to coast--is an immediate
and pressing priority for the protection of the United
States' national and economic security. It is
imperative that the Federal government puts the
physical and economic wellbeing of the American people
first.
Moreover, the United States has the potential to use
its unrealized energy resources domestically, and to
sell to international allies and partners a reliable,
diversified, and affordable supply of energy. This
would create jobs and economic prosperity for Americans
forgotten in the present economy, improve the United
States' trade balance, help our country compete with
hostile foreign powers, strengthen relations with
allies and partners, and support international peace
and security. Accordingly, our Nation's dangerous
energy situation inflicts unnecessary and perilous
constraints on our foreign policy.
The policies of the previous administration have driven
our Nation into a national emergency, where a
precariously inadequate and intermittent energy supply,
and an increasingly unreliable grid, require swift and
decisive action. Without immediate remedy, this
situation will dramatically deteriorate in the near
future due to a high demand for energy and natural
resources to power the next generation of technology.
The United States' ability to remain at the forefront
of technological innovation depends on a reliable
supply of energy and the integrity of our Nation's
electrical grid. Our Nation's current inadequate
development of domestic energy resources leaves us
vulnerable to hostile foreign actors and poses an
imminent and growing threat to the United States'
prosperity and national security.
These numerous problems are most pronounced in our
Nation's Northeast and West Coast, where dangerous
State and local policies jeopardize our Nation's core
national defense and security needs, and devastate the
prosperity of not only local residents but the entire
United States population. The United States'
insufficient energy production, transportation,
refining, and generation constitutes an unusual and
extraordinary threat to our Nation's economy, national
security, and foreign policy. In light of these
findings, I hereby declare a national emergency.
Sec. 2. Emergency Approvals. (a) The heads of executive
departments and agencies (``agencies'') shall identify
and exercise any lawful emergency authorities available
to them, as well as all other lawful authorities they
may possess, to facilitate the identification, leasing,
siting, production, transportation, refining, and
generation of domestic energy resources, including, but
not limited to, on Federal lands. If an agency assesses
that use of either Federal eminent domain authorities
or authorities afforded under the Defense Production
Act (Public Law 81-774, 50 U.S.C. 4501 et seq.) are
necessary to achieve this objective, the agency shall
submit recommendations for a course of action to the
President, through the Assistant to the President for
National Security Affairs.
(b) Consistent with 42 U.S.C.
7545(c)(4)(C)(ii)(III), the Administrator of the
Environmental Protection Agency, after consultation
with, and concurrence by, the Secretary of Energy,
shall consider issuing emergency fuel waivers to allow
the year-round sale of E15 gasoline to meet any
projected temporary shortfalls in the supply of
gasoline across the Nation.
Sec. 3. Expediting the Delivery of Energy
Infrastructure. (a) To facilitate the Nation's energy
supply, agencies shall identify and use all relevant
lawful emergency and other authorities available to
them to expedite the completion of all authorized and
appropriated infrastructure, energy, environmental, and
natural resources projects that are within the
identified authority of each of the Secretaries to
perform or to advance.
(b) To protect the collective national and economic
security of the United States, agencies shall identify
and use all lawful emergency or other authorities
available to them to facilitate the supply, refining,
and transportation of energy in and through the West
Coast of the United States, Northeast of the United
States, and Alaska.
(c) The Secretaries shall provide such reports
regarding activities under this section as may be
requested by the Assistant to the President for
Economic Policy.
Sec. 4. Emergency Regulations and Nationwide Permits
Under the Clean Water Act (CWA) and Other Statutes
Administered by the Army Corps of Engineers. (a) Within
30 days from the date of this order, the heads of all
agencies, as well as the Secretary of the Army, acting
through the Assistant Secretary of the Army for Civil
Works shall:
(i) identify planned or potential actions to facilitate the Nation's energy
supply that may be subject to emergency treatment pursuant to the
regulations and nationwide permits promulgated by the Corps, or jointly by
the Corps and EPA, pursuant to section 404 of the Clean Water Act, 33
U.S.C. 1344, section 10 of the Rivers and Harbors Act of March 3, 1899, 33
U.S.C. 403, and section 103 of the Marine Protection Research and
Sanctuaries Act of 1972, 33 U.S.C. 1413 (collectively, the ``emergency Army
Corps permitting provisions''); and
(ii) shall provide a summary report, listing such actions, to the Director
of the Office of Management and Budget (``OMB''); the Secretary of the
Army, acting through the Assistant Secretary of the Army for Civil Works;
the Assistant to the President for Economic Policy; and the Chairman of the
Council on Environmental Quality (CEQ). Such report may be combined, as
appropriate, with any other reports required by this order.
(b) Agencies are directed to use, to the fullest
extent possible and consistent with applicable law, the
emergency Army Corps permitting provisions to
facilitate the Nation's energy supply.
(c) Within 30 days following the submission of the
initial summary report described in subsection (a)(ii)
of this section, each department and agency shall
provide a status report to the OMB Director; the
Secretary of the Army, acting through the Assistant
Secretary of the Army for Civil Works; the Director of
the National Economic Council; and the Chairman of the
CEQ. Each such report shall list actions taken within
subsection (a)(i) of this section, shall list the
status of any previously reported planned or potential
actions, and shall list any new planned or potential
actions that fall within subsection (a)(i). Such status
reports shall thereafter be provided to these officials
at least every 30 days for the duration of the national
emergency and may be combined, as appropriate, with any
other reports required by this order.
(d) The Secretary of the Army, acting through the
Assistant Secretary of the Army for Civil Works, shall
be available to consult promptly with agencies and to
take other prompt and appropriate action concerning the
application of the emergency Army Corps permitting
provisions. The Administrator of the EPA shall provide
prompt cooperation to the Secretary of the Army and to
agencies in connection with the discharge of the
responsibilities described in this section.
Sec. 5. Endangered Species Act (ESA) Emergency
Consultation Regulations. (a) No later than 30 days
from the date of this order, the heads of all agencies
tasked in this order shall:
(i) identify planned or potential actions to facilitate the Nation's energy
supply that may be subject to the regulation on consultations in
emergencies, 50 CFR 402.05, promulgated by the Secretary of the Interior
and the Secretary of Commerce pursuant to the Endangered Species Act
(``ESA''), 16 U.S.C. 1531 et seq.; and
(ii) provide a summary report, listing such actions, to the Secretary of
the Interior, the Secretary of Commerce, the OMB Director, the Director of
the National Economic Council, and the Chairman of CEQ. Such report may be
combined, as appropriate, with any other reports required by this order.
(b) Agencies are directed to use, to the maximum
extent permissible under applicable law, the ESA
regulation on consultations in emergencies, to
facilitate the Nation's energy supply.
(c) Within 30 days following the submission of the
initial summary report described in subsection (a)(ii)
of this section, the head of each agency shall provide
a status report to the Secretary of the Interior, the
Secretary of Commerce, the OMB Director, the Director
of the National Economic Council, and the Chairman of
CEQ. Each such report shall list actions taken within
the categories described in subsection (a)(i) of this
section, the status of any previously reported planned
or potential actions, and any new planned or potential
actions within these categories. Such status reports
shall thereafter be provided to these officials at
least every 30 days for the duration of the national
emergency and may be combined, as appropriate, with any
other reports required by this order. The OMB Director
may grant discretionary exemptions from this reporting
requirement.
(d) The Secretary of the Interior shall ensure that
the Director of the Fish and Wildlife Service, or the
Director's authorized representative, is available to
consult promptly with agencies and to take other prompt
and appropriate action concerning the application of
the ESA's emergency regulations. The Secretary of
Commerce shall ensure that the Assistant Administrator
for Fisheries for the National Marine Fisheries
Service, or the Assistant Administrator's authorized
representative, is available for such consultation and
to take such other action.
Sec. 6. Convening the Endangered Species Act Committee.
(a) In acting as Chairman of the Endangered Species Act
Committee, the Secretary of the Interior shall convene
the Endangered Species Act Committee not less than
quarterly, unless otherwise required by law, to review
and consider any lawful applications submitted by an
agency, the Governor of a State,
or any applicant for a permit or license who submits
for exemption from obligations imposed by Section 7 of
the ESA.
(b) To the extent practicable under the law, the
Secretary of the Interior shall ensure a prompt and
efficient review of all submissions described in
subsection (a) of this section, to include
identification of any legal deficiencies, in order to
ensure an initial determination within 20 days of
receipt and the ability to convene the Endangered
Species Act Committee to resolve the submission within
140 days of such initial determination of eligibility.
(c) In the event that the committee has no pending
applications for review, the committee or its designees
shall nonetheless convene to identify obstacles to
domestic energy infrastructure specifically deriving
from implementation of the ESA or the Marine Mammal
Protection Act, to include regulatory reform efforts,
species listings, and other related matters with the
aim of developing procedural, regulatory, and
interagency improvements.
Sec. 7. Coordinated Infrastructure Assistance. (a) In
collaboration with the Secretaries of Interior and
Energy, the Secretary of Defense shall conduct an
assessment of the Department of Defense's ability to
acquire and transport the energy, electricity, or fuels
needed to protect the homeland and to conduct
operations abroad, and, within 60 days, shall submit
this assessment to the Assistant to the President for
National Security Affairs. This assessment shall
identify specific vulnerabilities, including, but not
limited to, potentially insufficient transportation and
refining infrastructure across the Nation, with a focus
on such vulnerabilities within the Northeast and West
Coast regions of the United States. The assessment
shall also identify and recommend the requisite
authorities and resources to remedy such
vulnerabilities, consistent with applicable law.
(b) In accordance with section 301 of the National
Emergencies Act (50 U.S.C. 1631), the construction
authority provided in section 2808 of title 10, United
States Code, is invoked and made available, according
to its terms, to the Secretary of the Army, acting
through the Assistant Secretary of the Army for Civil
Works, to address any vulnerabilities identified in the
assessment mandated by subsection (a). Any such
recommended actions shall be submitted to the President
for review, through the Assistant to the President for
National Security Affairs and the Assistant to the
President for Economic Policy.
Sec. 8. Definitions. For purposes of this order, the
following definitions shall apply:
(a) The term ``energy'' or ``energy resources''
means crude oil, natural gas, lease condensates,
natural gas liquids, refined petroleum products,
uranium, coal, biofuels, geothermal heat, the kinetic
movement of flowing water, and critical minerals, as
defined by 30 U.S.C. 1606 (a)(3).
(b) The term ``production'' means the extraction or
creation of energy.
(c) The term ``transportation'' means the physical
movement of energy, including through, but not limited
to, pipelines.
(d) The term ``refining'' means the physical or
chemical change of energy into a form that can be used
by consumers or users, including, but not limited to,
the creation of gasoline, diesel, ethanol, aviation
fuel, or the beneficiation, enrichment, or purification
of minerals.
(e) The term ``generation'' means the use of energy
to produce electricity or thermal power and the
transmission of electricity from its site of
generation.
(f) The term ``energy supply'' means the
production, transportation, refining, and generation of
energy.
Sec. 9. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
DONALD J. TRUMP
THE WHITE HOUSE,
January 20, 2025.