Interior and Energy Secretaries Authorized to Act Separately on DPA Energy Powers

What changed and who it affects

• What: The order amends Executive Order 13603 to give the Secretary of the Interior and the Secretary of Energy independent authority to use delegated Defense Production Act (DPA) powers for energy under their purview.
• Who: Secretaries of the Interior and Energy (energy delegations); Secretary of Commerce is also named for certain delegated presidential DPA authorities.
• When: Signed September 8, 2026.

Key details

• Independent authority: Where the original text named the Secretary of Energy for energy matters, the order replaces that with both the Secretary of the Interior and the Secretary of Energy, each able to act independently.
• Dispute resolution: If the two Secretaries dispute an energy matter, it is first referred to the National Energy Dominance Council. If the dispute implicates national defense infrastructure or military operations, it is referred to both the National Energy Dominance Council and the National Security Council; both must coordinate with the Department of War in resolving the matter.
• Additional delegations: The order replaces a paragraph in Section 203 to delegate presidential authorities under section 101(c)(1)–(2) of the Act to the Secretaries of the Interior, Commerce, and Energy, each able to exercise those authorities independently.

Implementation notes

• The order must be implemented consistent with law and available appropriations.
• It does not change or impair statutory authorities of agencies or OMB functions.
• It does not create enforceable rights against the United States or its officials.
• Publication costs for the order are to be borne by the Department of the Interior.