This order amends an earlier order so Interior, Energy, and Commerce officials can independently use specified Defense Production Act powers, subject to law and funding.
The Interior Secretary and Energy Secretary may independently use delegated Defense Production Act powers for energy matters within their respective areas.
Interior, Commerce, and Energy officials may independently use specified defense-production powers, with special review rules for disputes over energy or military-related matters.
Agencies must follow existing law and available funding; the order creates no enforceable benefit and does not change other legal or budget authorities.
The President gives the Interior Secretary and Energy Secretary authority over covered energy matters, and either official may act independently. The authority covers energy production, construction, distribution, use, and directly related activities under the earlier executive order. Each secretary may act only within that secretary's area of responsibility and under applicable law. The order is dated September 8, 2026, and states no separate effective date.
The President gives the Interior, Commerce, and Energy Secretaries independent authority under specified Defense Production Act provisions. The authority covers the presidential powers described in section 101(c)(1)–(2) of the Defense Production Act. Energy disputes between the Interior and Energy Secretaries generally go first to the National Energy Dominance Council. Disputes involving national defense infrastructure or military operations go to both the National Energy Dominance Council and National Security Council, which must coordinate with the Department of War. The order is dated September 8, 2026, and states no separate effective date.
Agencies must carry out the order under existing law and only when Congress has provided available funding. These limits apply to all agencies and officials carrying out the order. The order does not take away authority already granted by law or change the budget-related duties of the Office of Management and Budget. It creates no enforceable right or benefit for any person or organization. These limits apply whenever agencies implement the order.