`[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:

                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.

[[Page 8434]]

                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.

[[Page 8435]]

                    (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,

[[Page 8436]]

                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

[[Page 8437]]

(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`