On March 20, President Donald Trump signed an executive order titled “Immediate Measures to Increase American Mineral Production,” which aims to reestablish the United States as a dominant force in critical mineral production and processing. Designed to reduce dependence on foreign sources—particularly China—and strengthen national security, the order directs federal agencies to expedite permitting, prioritize mineral development on federal lands and streamline regulatory frameworks to accelerate domestic extraction and processing. Concurrently, the order invokes emergency authorities under the Defense Production Act (DPA) to enable financing vehicles such as the U.S. International Development Finance Corporation (DFC) and the Export-Import Bank of the United States (EXIM) to boost mineral production and reinforce the U.S. industrial base. Together, these actions represent a coordinated industrial strategy to secure vital inputs for defense, energy and advanced technology sectors, aligning with previous executive orders “Unleashing American Energy” and “Declaring a National Energy Emergency.” This alert provides an overview of the executive order and its key provisions impacting the United States and allied mining sectors.
Expanded Definition of Minerals
The executive order covers any critical mineral pursuant to the Energy Act of 2020, as well as uranium, copper, gold, potash and any other “element, compound or material” the chair of the National Energy Dominance Council (NEDC) determines. This is a significant development given these four minerals were not otherwise authorized for incentives under the Inflation Reduction Act (IRA) and the Bipartisan Infrastructure Law (BIL), which were limited to minerals included on the U.S. Geological Survey’s (USGS) 2022 critical minerals list.
Expedited Permitting for Identified Mineral Projects
Additionally, the order directs the head of each executive department and agency that handles mineral project permitting to submit to the NEDC chair a list of all projects with pending permit applications. Based on this list, agency heads, in consultation with the NEDC chair, will identify projects for immediate approval and take all necessary actions within their authority to expedite permitting.
Within 15 days, the NEDC chair and relevant agency heads are instructed to submit mineral projects to the executive director of the Permitting Council to be considered as “transparency projects” under FAST-41, even if they would not otherwise qualify. FAST-41 status provides key benefits, including a coordinated permitting timetable, federal agency oversight and dedicated support to keep environmental reviews on track.
Prioritization of Mining on Federal Lands
Significantly, the executive order instructs the secretary of the interior to “prioritize mineral production and mining related purposes as the primary land uses in these areas” while also stipulating that “land use plans under the Federal Land Policy and Management Act shall provide for mineral production and ancillary uses” while amending plans as necessary to support the order.
This directive appears to provide support for addressing an ongoing industry concern from prior court activity. In the prior administration, then DOI Solicitor Robert Anderson issued M-37077, an opinion that prohibited waste rock and tailings placement on lands without underlying mineral deposits. Last month, Acting Solicitor Gregory Zerzan suspended this opinion and others issued during the previous administration, signaling a shift in legal interpretation.
Additionally, the executive order directs the secretaries of the departments of Defense, Interior and Energy to identify federally managed sites suitable for commercial mineral production. Sites must be prioritized based on readiness for near-term development. The secretaries of the departments of Defense and Energy are also instructed to enter into extended use leases (EULs) with private entities to advance production on these lands.
Defense Production Act (DPA) Authorities
To address the national energy emergency declared on his first day in office, President Trump invokes emergency authorities under the DPA. The executive order delegates authority to the secretary of defense and the CEO of the DFC to finance mineral production projects that directly support domestic capacity. This includes issuing loans, guarantees and other investment tools under Titles I and III of the DPA, which are provisions historically used to respond to national security and industrial base shortfalls.
Originally enacted during the Korean War, the DPA has been used to address crises ranging from energy security to pandemic response. Although the executive order unlocks broad financing authority, DPA projects requiring over $50 million remain subject to congressional notification and a 30-day waiting period.
EXIM Directive Prioritizes Global Feedstock for U.S. Mineral Processing
The executive order directs EXIM to release, within 30 days, program guidance for financing tools under both the Supply Chain Resiliency Initiative (SCRI) and the Make More in America Initiative. This move is expected to empower EXIM to finance international extraction projects that can supply feedstock for domestic U.S. processors. While the scope of guidance remains forthcoming, EXIM is positioned as a key driver of upstream investments that bolster U.S. competitiveness in allied regions. For additional context on EXIM’s SCRI and its role in mineral supply chains, see our prior client alert.
DFC Authorities Reinforced for Domestic Production, with Limited Overseas Scope
As noted earlier, the executive order grants DPA authority to the CEO of DFC to finance mineral-related projects. However, this authority is expressly limited to activities that “create, maintain, protect, expand or restore domestic mineral production.” Therefore, DFC’s mandate under this executive order does not extend to international projects unless they directly support U.S.-based capacity. The order also directs the establishment of a joint mineral investment fund by DFC and the Department of Defense to catalyze domestic-focused capital deployment.
Importantly, Canada is treated as a “domestic source” under the U.S.-Canada Production Sharing Agreement, making Canadian companies eligible for DPA-backed financing. That designation now also extends to Australia and the United Kingdom (UK), since Congress amended the Defense Production Act through the FY 2024 National Defense Authorization Act (NDAA) to include Australia and the UK as eligible “domestic sources” under Title III.
Although the executive order limits new DFC activity to projects that support domestic mineral production, these separate statutes provide a legal pathway for the DFC’s new joint mineral investment fund to engage with Australian and UK firms as part of an integrated North American and allied supply chain. Moreover, while the order narrows DFC’s new project eligibility under DPA authorities, it does not curtail the agency’s existing critical minerals projects abroad.
Next Steps
This executive order marks the most comprehensive mineral policy effort in recent U.S. history and a direct response to China’s strategic control over global mineral markets. It signals a significant expansion of federal support for both domestic production and allied supply chains. The inclusion of copper, uranium, potash and gold—minerals previously excluded from the USGS critical list—suggests the Trump administration will cast a wider net in selecting strategic materials. As EXIM finalizes its program guidance and DFC advances implementation of the new fund, clients pursuing upstream partnerships or international offtake arrangements that directly support U.S. processing should evaluate alignment with these tools. Brownstein will continue to monitor program developments and provide strategic guidance to clients navigating this dynamic environment.
Brownstein’s International Group has extensive experience connecting U.S. and international businesses with financing mechanisms such as EXIM and DFC and guiding clients through funding processes. For information on EXIM, DFC and international mineral supply chains, please contact Samantha Carl-Yoder and Lauren Diekman. Our Energy, Environment and Resource Strategies Group is equally well positioned to advise on domestic permitting, federal lands and mineral policy developments.
This document is intended to provide you with general information regarding executive action regarding American resource extraction. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions. The information in this article is accurate as of the publication date. Because the law in this area is changing rapidly, and insights are not automatically updated, continued accuracy cannot be guaranteed.