"Zero-Based Regulatory Budgeting to Unleash American Energy," issued on April 9, 2025, requires designated agencies and subagencies to issue rules incorporating conditional sunset dates to new and existing regulations issued by specific agencies pursuant to specific laws enumerated below.
Covered Agencies and Statutes:
Department of Energy (DOE)
- Atomic Energy Act of 1954;
- National Appliance Energy Conservation Act of 1987;
- Energy Policy Act of 1992;
- Energy Policy Act of 2005; and
- Energy Independence and Security Act of 2007.
Federal Energy Regulatory Commission (FERC)
- Federal Power Act of 1935;
- Natural Gas Act of 1938; and
- Powerplant and Industrial Fuel Use Act of 1978.
Nuclear Regulatory Commission (NRC)
- Atomic Energy Act of 1954;
- Energy Reorganization Act of 1974; and
- Nuclear Waste Policy Act of 1982.
Office of Surface Mining Reclamation and Enforcement (OSMRE)
- Surface Mining Control and Reclamation Act of 1977
Bureau of Land Management (BLM)
- Mining Act of 1872;
- Federal Land Policy and Management Act of 1976; and
- Energy Policy Act of 2005.
Bureau of Ocean Energy Management (BOEM)
- Outer Continental Shelf Act of 1953; and
- Energy Policy Act of 2005.
Bureau of Safety and Environmental Enforcement (BSEE)
- Outer Continental Shelf Act of 1953.
U.S. Fish and Wildlife Service (FWS)
- Bald and Golden Eagle Protection Act;
- Migratory Bird Treaty Act of 1918;
- Fish and Wildlife Coordination Act of 1934;
- Anadromous Fish Conservation Act of 1965;
- Marine Mammal Protection Act of 1972;
- Endangered Species Act of 1973;
- Magnuson–Stevens Fishery Conservation and Management Act of 1976; and
- Coastal Barrier Resources Act of 1982.
Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACE)
No later than May 9, 2025, EPA and ACE must provide the President via the Director of the OMB a list of statutes from which they derive regulatory authorities subject to this order. Notably, this order does not apply to statutorily-authorized regulatory permitting regimes, so it would not apply to permits issued under the Clean Water Act (e.g., 401, 404 permits) or Clean Air Act (e.g., certain construction and operating permits).
Additional Details
For existing regulations, the initial conditional sunset date must be no later than one year from the date that the rule incorporating the sunset date for the given regulation takes effect. For new regulations, the conditional sunset date must be no later than five years from the effective date.
The sunset provision included in new and existing regulations must also provide for a public comment period, which must occur prior to a regulation's expiration. The sunset date may only be extended after allowing for public comment on the costs and benefits of the regulation at issue and an agency determination that an extension is warranted. Sunset dates for covered regulations may be extended as many times as deemed appropriate by the relevant agency, "but never to a date more than 5 years in the future."
Agency heads are directed to coordinate with DOGE team leads to implement the order. Additionally, the OMB Director is authorized to exempt new regulations and amendments from the sunset date requirement if the Director determines the new regulation has a "net deregulatory effect."