Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Coal Supply Chains and Baseload Power Generation Capacity

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Published

April 23, 2026

Signed

April 20, 2026

Issuing agencies

Executive Office of the President

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<title>Federal Register, Volume 91 Issue 78 (Thursday, April 23, 2026)</title>
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[Federal Register Volume 91, Number 78 (Thursday, April 23, 2026)]
[Presidential Documents]
[Pages 21927-21928]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08010]




                        Presidential Documents 



Federal Register / Vol. 91 , No. 78 / Thursday, April 23, 2026 / 
Presidential Documents

[[Page 21927]]


                Presidential Determination No. 2026-08 of April 20, 
                2026

                
Presidential Determination Pursuant to Section 
                303 of the Defense Production Act of 1950, as Amended, 
                on Coal Supply Chains and Baseload Power Generation 
                Capacity

                Memorandum for the Secretary of Energy

                On January 20, 2025, I issued Executive Order 14156 
                (Declaring a National Energy Emergency), under the 
                National Emergencies Act. That order found that 
                America's inadequate energy production, transportation, 
                refining, and generation capacity constitutes an 
                unusual and extraordinary threat to the Nation's 
                economy, national security, and foreign policy. It 
                emphasized that our Nation's current inadequate and 
                intermittent energy supply leaves us vulnerable to 
                hostile foreign actors and poses an imminent and 
                growing threat to the United States' prosperity and 
                national security.

                Consistent with that declaration, I find that ensuring 
                reliable coal supply chains and baseload power 
                generation capacity is essential to United States 
                national defense. Coal mining and logistics, terminals, 
                stockpile, and power generation facilities provide 
                indispensable resilience to our power grids that cannot 
                be replaced. Without sufficient coal-fired baseload 
                power, the United States will lack the stable 
                electricity required to support defense installations, 
                industrial expansion, and the high-energy demands of 
                emerging technologies, such as artificial intelligence.

                Therefore, by the authority vested in me as President 
                by the Constitution and the laws of the United States 
                of America, including section 303 of the Defense 
                Production Act of 1950, as amended (the ``Act'') (50 
                U.S.C. 4533), I hereby determine, pursuant to section 
                303(a)(5) of the Act, that:

(1) coal supply chains and baseload power generation capacity, including 
coal mining, rail and barge logistics, export and domestic terminals, 
generating unit availability and life-extension work, on-site stockpiles, 
and associated reliability updates, are industrial resources, materials, or 
critical technology items essential to the national defense;

(2) without Presidential action under section 303 of the Act, United States 
industry cannot reasonably be expected to provide these capabilities for 
the needed industrial resource, material, or critical technology item in a 
timely manner due to financing constraints, regulatory delays, long-lead 
maintenance, expensive and bespoke repair cycles, and market barriers; and

(3) purchases, purchase commitments, financial support for the development 
of production capabilities, or other action pursuant to section 303 of the 
Act are the most cost-effective, expedient, and practical alternative 
methods for meeting this need.

                I have declared a national emergency under Executive 
                Order 14156, and I further determine that action to 
                expand coal supply chain capacity and baseload 
                generation availability is necessary to avert an 
                industrial resource or critical technology item 
                shortfall that would severely impair national defense 
                capability. Therefore, pursuant to section 303(a)(7) of 
                the Act, I waive the requirements of section 303(a)(1)-
                (a)(6) of the Act for the purpose of expanding such 
                capability.

[[Page 21928]]

                You are authorized and directed to implement this 
                determination, including making necessary purchases, 
                commitments, and financial instruments to enable these 
                projects, and to publish this determination in the 
                Federal Register.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, April 20, 2026

[FR Doc. 2026-08010
Filed 4-22-26; 11:15 am]
Billing code 6450-01-P


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