Legis
Energy
Executive order · Tuesday 8 September 2026

Adjusting Certain Delegations Under The Defense Production Act

Interior and Energy gain parallel Defense Production Act authority over energy resources.

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The order expands and redistributes presidential authority for prioritizing and allocating energy resources during national defense preparedness.

What the order does

  • Authorizes the Secretaries of the Interior and Energy to independently exercise delegated Defense Production Act powers over energy under their respective oversight.
  • Gives both Secretaries independent authority over energy production, construction, distribution, use, and related activities.
  • Delegates specified resource authority independently to the Secretaries of the Interior, Commerce, and Energy.
  • Sends energy-related disputes between Interior and Energy first to the National Energy Dominance Council.
  • Requires the National Energy Dominance Council and National Security Council to jointly handle disputes involving defense infrastructure or military operations, in coordination with the Department of War.

Who it affects

  • Federal departments and councils responsible for energy resources and national defense preparedness.
  • Energy producers, distributors, users, and related businesses subject to Defense Production Act priorities or allocations.

Context

The order amends Executive Order 13603, as previously amended in March 2026.