doctrine
Declaring a National Energy Emergency
Delivered
Executive agency heads will identify and exercise all lawful emergency and other authorities to facilitate domestic energy identification, leasing, siting, production, transportation, refining, and generation, including on Federal lands.
“The heads of executive departments and agencies (''agencies'') shall identify and exercise any lawful emergency authorities available to them, as well as all other lawful authorities they may possess, to facilitate the identification, leasing, siting, production, transportation, refining, and generation of domestic energy resources, including, but not limited to, on Federal lands.” (p. 2)
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executive action
Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Domestic Petroleum Production, Refining, and Logistics Capacity
Forward-tagged at scan extraction (specific-intent match).
No action observed
Agencies will submit recommendations to the President when use of Federal eminent domain or Defense Production Act authorities is deemed necessary to expand domestic energy.
“If an agency assesses that use of either Federal eminent domain authorities or authorities afforded under the Defense Production Act (Public Law 81–774, 50 U.S.C. 4501 et seq.) are necessary to achieve this objective, the agency shall submit recommendations for a course of action to the President, through the Assistant to the President for National Security Affairs.” (p. 2)
No action observed
The EPA Administrator, with the Secretary of Energy's concurrence, will consider issuing emergency fuel waivers to allow year-round sale of E15 gasoline to meet projected gasoline shortfalls.
“the Administrator of the Environmental Protection Agency, after consultation with, and concurrence by, the Secretary of Energy, shall consider issuing emergency fuel waivers to allow the year-round sale of E15 gasoline to meet any projected temporary shortfalls in the supply of gasoline across the Nation.” (p. 2)
No action observed
Agencies will use all relevant lawful emergency and other authorities to expedite completion of authorized and appropriated infrastructure, energy, environmental, and natural resources projects.
“agencies shall identify and use all relevant lawful emergency and other authorities available to them to expedite the completion of all authorized and appropriated infrastructure, energy, environmental, and natural resources projects that are within the identified authority of each of the Secretaries to perform or to advance.” (p. 2)
No action observed
Agencies will use all lawful emergency or other authorities to facilitate the supply, refining, and transportation of energy in and through the West Coast, Northeast, and Alaska.
“agencies shall identify and use all lawful emergency or other authorities available to them to facilitate the supply, refining, and transportation of energy in and through the West Coast of the United States, Northeast of the United States, and Alaska.” (p. 2)
Deadline passed · no action observed
Within 30 days, agency heads and the Assistant Secretary of the Army for Civil Works will identify planned or potential actions eligible for emergency treatment under Army Corps CWA and related permitting provisions and submit a summary report.
“Within 30 days from the date of this order, the heads of all agencies, as well as the Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works shall: (i) identify planned or potential actions to facilitate the Nation's energy supply that may be subject to emergency treatment pursuant to the regulations and nationwide permits promulgated by the Corps” (p. 2)
No action observed
Agencies will use the emergency Army Corps permitting provisions to the fullest extent possible to facilitate the Nation's energy supply.
“Agencies are directed to use, to the fullest extent possible and consistent with applicable law, the emergency Army Corps permitting provisions to facilitate the Nation's energy supply.” (p. 2)
No action observed
Agencies will provide recurring status reports on emergency Army Corps permitting actions at least every 30 days for the duration of the national emergency.
“Such status reports shall thereafter be provided to these officials at least every 30 days for the duration of the national emergency and may be combined, as appropriate, with any other reports required by this order.” (p. 3)
Deadline passed · no action observed
Within 30 days, agency heads will identify planned or potential actions eligible for ESA emergency consultation regulations and submit a summary report to designated officials.
“No later than 30 days from the date of this order, the heads of all agencies tasked in this order shall: (i) identify planned or potential actions to facilitate the Nation's energy supply that may be subject to the regulation on consultations in emergencies, 50 CFR 402.05” (p. 3)
No action observed
Agencies will use the ESA emergency consultation regulation to the maximum extent permissible to facilitate the Nation's energy supply.
“Agencies are directed to use, to the maximum extent permissible under applicable law, the ESA regulation on consultations in emergencies, to facilitate the Nation's energy supply.” (p. 3)
No action observed
The Secretary of the Interior, as Chairman, will convene the Endangered Species Act Committee at least quarterly to review exemption applications from Section 7 of the ESA.
“the Secretary of the Interior shall convene the Endangered Species Act Committee not less than quarterly, unless otherwise required by law, to review and consider any lawful applications submitted by an agency, the Governor of a State, or any applicant for a permit or license who submits for exemption from obligations imposed by Section 7 of the ESA.” (p. 3)
No action observed
The Secretary of the Interior will ensure ESA exemption submissions receive an initial determination within 20 days and Committee resolution within 140 days of that determination.
“the Secretary of the Interior shall ensure a prompt and efficient review of all submissions described in subsection (a) of this section, to include identification of any legal deficiencies, in order to ensure an initial determination within 20 days of receipt and the ability to convene the Endangered Species Act Committee to resolve the submission within 140 days of such initial determination of eligibility.” (p. 4)
No action observed
When no applications are pending, the ESA Committee will convene to identify obstacles to domestic energy infrastructure arising from ESA or Marine Mammal Protection Act implementation and develop reform proposals.
“the committee or its designees shall nonetheless convene to identify obstacles to domestic energy infrastructure specifically deriving from implementation of the ESA or the Marine Mammal Protection Act, to include regulatory reform efforts, species listings, and other related matters with the aim of developing procedural, regulatory, and interagency improvements.” (p. 4)
Deadline passed · no action observed
Within 60 days, the Secretary of Defense, with Interior and Energy, will assess DoD's ability to acquire and transport energy for homeland defense and overseas operations and submit the assessment to the National Security Advisor.
“the Secretary of Defense shall conduct an assessment of the Department of Defense's ability to acquire and transport the energy, electricity, or fuels needed to protect the homeland and to conduct operations abroad, and, within 60 days, shall submit this assessment to the Assistant to the President for National Security Affairs.” (p. 4)
No action observed
The President invokes 10 U.S.C. 2808 military construction authority and makes it available to the Secretary of the Army (through the Assistant Secretary for Civil Works) to address vulnerabilities identified in the DoD energy assessment.
“the construction authority provided in section 2808 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works, to address any vulnerabilities identified in the assessment mandated by subsection (a).” (p. 4)