Declaring a National Energy Emergency

[Federal Register Volume 90, Number 18 (Wednesday, January 29, 2025)]

[Presidential Documents]

[Pages 8433-8437]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2025-02003]

[[Page 8431]]

Vol. 90

Wednesday,

No. 18

January 29, 2025

Part II

The President

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Executive Order 14156--Declaring a National Energy Emergency

Executive Order 14157--Designating Cartels and Other Organizations as

Foreign Terrorist Organizations and Specially Designated Global

Terrorists

Executive Order 14158--Establishing and Implementing the President's

``Department of Government Efficiency''

Executive Order 14159--Protecting the American People Against Invasion

Executive Order 14160--Protecting the Meaning and Value of American

Citizenship

Presidential Documents

Federal Register / Vol. 90 , No. 18 / Wednesday, January 29, 2025 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

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Executive Order 14156 of January 20, 2025

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:

2025

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

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.

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.

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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.

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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

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.

se 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:

ionwide 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.

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n 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.

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(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.

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.

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.

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,

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or any applicant for a permit or license who submits

for exemption from obligations imposed by Section 7 of

the ESA.

t 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,

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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.

y 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.

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.

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

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(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.

ffect:

(i) the authority granted by law to an executive department or agency, or

the head thereof; or

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(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.

(Presidential Sig.)

THE WHITE HOUSE,

January 20, 2025.

[FR Doc. 2025-02003

Filed 1-28-25; 11:15 am]

Billing code 3395-F4-P