A Federal Strategy To Ensure Secure and Reliable Supplies of Critical Minerals

Executive Order 13817 of December 20, 2017

A Federal Strategy To Ensure Secure and Reliable
Supplies of Critical Minerals

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Findings. The United States is heavily
reliant on imports of certain mineral commodities that
are vital to the Nation's security and economic
prosperity. This dependency of the United States on
foreign sources creates a strategic vulnerability for
both its economy and military to adverse foreign
government action, natural disaster, and other events
that can disrupt supply of these key minerals. Despite
the presence of significant deposits of some of these
minerals across the United States, our miners and
producers are currently limited by a lack of
comprehensive, machine-readable data concerning
topographical, geological, and geophysical surveys;
permitting delays; and the potential for protracted
litigation regarding permits that are issued. An
increase in private-sector domestic exploration,
production, recycling, and reprocessing of critical
minerals, and support for efforts to identify more
commonly available technological alternatives to these
minerals, will reduce our dependence on imports,
preserve our leadership in technological innovation,
support job creation, improve our national security and
balance of trade, and enhance the technological
superiority and readiness of our Armed Forces, which
are among the Nation's most significant consumers of
critical minerals.

Sec. 2. Definition. (a) A “critical mineral” is a
mineral identified by the Secretary of the Interior
pursuant to subsection (b) of this section to be (i) a
non-fuel mineral or mineral material essential to the
economic and national security of the United States,
(ii) the supply chain of which is vulnerable to
disruption, and (iii) that serves an essential function
in the manufacturing of a product, the absence of which
would have significant consequences for our economy or
our national security.

    (b) The Secretary of the Interior, in coordination
with the Secretary of Defense and in consultation with
the heads of other relevant executive departments and
agencies (agencies), shall publish a list of critical
minerals in the Federal Register not later than 60 days
after the date of this order, and disseminate such list
to the appropriate agencies.

Sec. 3. Policy. It shall be the policy of the Federal
Government to reduce the Nation's vulnerability to
disruptions in the supply of critical minerals, which
constitutes a strategic vulnerability for the security
and prosperity of the United States. The United States
will further this policy for the benefit of the
American people and in a safe and environmentally
responsible manner, by:

    (a) identifying new sources of critical minerals;
    (b) increasing activity at all levels of the supply
chain, including exploration, mining, concentration,
separation, alloying, recycling, and reprocessing
critical minerals;
    (c) ensuring that our miners and producers have
electronic access to the most advanced topographic,
geologic, and geophysical data within U.S. territory to
the extent permitted by law and subject to appropriate
limitations for purposes of privacy and security,
including appropriate limitations to protect critical
infrastructure data such as those related to national
security areas; and

    (d) streamlining leasing and permitting processes
to expedite exploration, production, processing,
reprocessing, recycling, and domestic refining of
critical minerals.

Sec. 4. Implementation. (a) Within 180 days of the date
that the Secretary of the Interior publishes a list of
critical minerals under section 2 of this order, the
Secretary of Commerce, in coordination with the
Secretaries of Defense, the Interior, Agriculture, and
Energy, and the United States Trade Representative,
shall submit a report to the President through the
Assistant to the President for Economic Policy, the
Assistant to the President for National Security
Affairs, the Director of the Office of Management and
Budget, and the Director of the Office of Science and
Technology Policy. The report shall include:

(i) a strategy to reduce the Nation's reliance on critical minerals;

(ii) an assessment of progress toward developing critical minerals
recycling and reprocessing technologies, and technological alternatives to
critical minerals;

(iii) options for accessing and developing critical minerals through
investment and trade with our allies and partners;

(iv) a plan to improve the topographic, geologic, and geophysical mapping
of the United States and make the resulting data and metadata
electronically accessible, to the extent permitted by law and subject to
appropriate limitations for purposes of privacy and security, to support
private sector mineral exploration of critical minerals; and

(v) recommendations to streamline permitting and review processes related
to developing leases; enhancing access to critical mineral resources; and
increasing discovery, production, and domestic refining of critical
minerals.

    (b) Agencies shall implement subsection (a) of this
section in a manner consistent with, and when possible
complementary to, implementation of Executive Order
13771 of January 30, 2017 (Reducing Regulation and
Controlling Regulatory Costs), Executive Order 13783 of
March 28, 2017 (Promoting Energy Independence and
Economic Growth), Executive Order 13807 of August 15,
2017 (Establishing Discipline and Accountability in the
Environmental Review and Permitting Process for
Infrastructure Projects), and Executive Order 12866 of
September 30, 1993 (Regulatory Planning and Review).

Sec. 5. 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;

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals; or

(iii) existing treaties or international agreements relating to mineral
production, imports, or exports.

    (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.

    (Presidential Sig.)

THE WHITE HOUSE,

    December 20, 2017.