The US Department of Energy’s (DOE) Office of Energy Dominance Financing (OEDF) issued updated Program Guidance for the Title 17 Energy Financing Program on May 13, 2026. The DOE, acting through the OEDF, guarantees third-party loans for qualifying energy-related projects.
The Title 17 Program, originally conceived in the Energy Policy Act of 2005, has been expanded and refined since. The One Big Beautiful Bill Act (OBBB) amended Section 1706 of the Energy Policy Act to establish a new financing program supporting Energy Dominance Financing (EDF).
The OEDF’s revisions to the Program Guidance provide insight into changes in the Title 17 Program due to the OBBB and the Trump Administration’s priorities. The revised Program Guidance describes the Title 17 Program as a “critical tool for accelerating the deployment of high-impact energy and manufacturing projects.”
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The key changes to the Title 17 Program include four types of projects they can support: Innovative Energy Projects under Section 1703, Advanced Nuclear Projects under Section 1704, Fossil Energy Projects under Section 1705, and Energy Dominance Financing under Section 1706.
However, Section 50402 of the OBBB rescinded unobligated amounts appropriated for Section 1703 projects. This means they may not have sufficient funds to lend to these projects, despite statutory authority.
The Energy Dominance Financing program under Section 1706 is expected to be the most active category, given its expansive eligibility categories and new funding. They may guarantee loans for projects such as critical minerals, advanced nuclear, and dispatchable power generation.
Changes to Eligible Projects
The revised Program Guidance provides examples of eligible projects, including mine buildouts, nuclear buildouts, and critical minerals projects. These examples align with the Trump Administration’s priorities, such as the Immediate Measures to Increase American Mineral Production Executive Order.
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The revised Program Guidance also highlights the extension of funding availability from September 30, 2026, to September 30, 2028, for Energy Dominance Financing projects under Section 1706.
Facility Fee Reduction
The revised Program Guidance announces a reduction in the Facility Fee, a nonrefundable fee paid by borrowers to the DOE. The fee is now 0.6% of the first $1 billion of guaranteed loan principal, plus 0.1% of any additional amount exceeding $1 billion. This change will result in savings of $5 million in upfront fees for the largest loan guarantees.
Section E.i. of Part V of the revised Program Guidance reflects a significant change in environmental review requirements. The new Program Guidance no longer requires a National Environmental Policy Act (NEPA) review for every project, instead stating that certain environmental statutes may be applicable.
Community Benefit Plan Requirements
The revised Program Guidance eliminates the requirement for Title 17 applicants to submit a Community Benefits Plan. This requirement was previously tied to President Biden’s Justice40 Initiative, which has been terminated.
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However, the elimination of the Community Benefits Plan requirement does not affect the end customer/community benefit requirement applicable to electric utilities. This requirement states that an electric utility must demonstrate that it will pass on any financial benefit from the loan guarantee to its customers or associated communities.
Lending Terms
The revised Program Guidance makes clear that most key lending terms have not changed materially. The application and evaluation process remains largely unchanged, with a two-part application process and comprehensive due diligence review.
Participants in the energy and critical minerals industries should consider whether their projects might qualify for funding under the Title 17 Program, particularly the Energy Dominance Financing under Section 1706. For more information, visit the US Department of Energy website.