Presidential Documents

8433 

Federal Register 

Vol. 90, No. 18 

Wednesday, January 29, 2025 

Title 3— 

The President 

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. 


khammond on DSK9W7S144PROD with PRESDOCB
8434 Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Presidential Documents 

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. 


khammond on DSK9W7S144PROD with PRESDOCB
Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Presidential Documents 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, 


khammond on DSK9W7S144PROD with PRESDOCB
8436 Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Presidential Documents 

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 


khammond on DSK9W7S144PROD with PRESDOCB
Federal Register / Vol. 90, No. 18 / Wednesday, January 29, 2025 / Presidential Documents 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. 

THE WHITE HOUSE, 

January 20, 2025. 

[FR Doc. 2025–02003 

Filed 1–28–25; 11:15 am] 

Billing code 3395–F4–P 


khammond on DSK9W7S144PROD with PRESDOCBTrump.EPS</GPH>