EO-14427
Adjusting Certain Delegations Under the Defense Production Act
- Signed
- Sep 8, 2026
- Published
- Sep 11, 2026
Federal Register: 2026-18739
Source: Federal Register.
Adding Interior Secretary to Defense Production Act Energy Authorities
Impact3/10
What it does
This order amends a prior executive order to give the Secretary of the Interior, alongside the Secretary of Energy, authority to use Defense Production Act powers over energy production and materials. It also adds the Secretary of Commerce as a third official who can independently use certain DPA authorities related to industrial resources, and sets up a dispute-resolution process involving the National Energy Dominance Council and National Security Council for energy-related conflicts between agencies.
Who benefits
The Department of the Interior gains new authority and influence over energy-related industrial mobilization decisions. The National Energy Dominance Council gains a formal role resolving interagency energy disputes. Energy and mining companies regulated or funded under DPA authorities may benefit from having an additional agency (Interior) able to expedite production directives, potentially speeding decisions on federal lands and resources.
Who is affected
The Department of Energy loses its previous sole authority over energy matters under this delegation, now sharing it with Interior, which could create overlapping or competing directives. Federal agencies and private companies subject to Defense Production Act orders may face uncertainty over which agency's directive governs, particularly where Interior and Energy interests diverge on land, mineral, or energy infrastructure matters.
Supporters argue
Supporters would argue that adding the Secretary of the Interior alongside the Secretary of Energy allows faster, more flexible use of Defense Production Act authorities over energy resources, since Interior manages federal lands, minerals, and related permitting central to energy production. Allowing both secretaries to act independently, supporters would say, reduces bureaucratic bottlenecks and better matches agency expertise to specific energy resource challenges, especially as the administration emphasizes domestic energy production.
Opponents argue
Opponents would argue that splitting Defense Production Act energy authority between two secretaries who can act independently risks conflicting directives, regulatory confusion, and duplicated efforts across agencies with different missions and priorities. Opponents would say routing disputes through the National Energy Dominance Council, a body without statutory DPA authority, could sideline the Department of Energy's technical expertise and further concentrate energy policy decisions among appointees favoring specific production priorities.
Constitutional basis
Executive orders rest on constitutional authority or statutory delegation. This summary describes the legal grounding cited or implied by the order.
This order relies on the President's authority under Article II to direct the executive branch and on the Defense Production Act, 50 U.S.C. 4501 et seq., which delegates presidential authority to prioritize and allocate resources for national defense to specified agency heads. It amends a prior delegation order (EO 13603, as amended) issued under this same statutory framework.