16. Department of the Interior · Minor
Review all agency actions taken in compliance with SO 3398
Printed page 521 16. Department of the Interior
“A new Administration must immediately roll back Biden’s orders, reinstate the Trump-era Energy Dominance Agenda, rescind Secretarial Order (SO) 3398, and review all regulations, orders, guidance documents, policies, and similar agency actions made in compliance with that order.”
What has happened
- Partially done
The review began producing results. M-37085 (2025-04-11) withdrew M-37065, restoring the 2017 opinion that the Migratory Bird Treaty Act does not prohibit incidental take; M-37086 (2025-05-01) withdrew M-37067 on OCSLA §8(p); the Deputy Secretary's memorandum of 2025-07-17 withdrew M-37072 and reinstated M-37049 on the Twin Metals leases. On the rulemaking side BLM rescinded the 2024 NPR-A rule (2025-11-17), the Office of Surface Mining rescinded the 2024 Ten-Day Notice rule (2026-02-19) and BLM rescinded the Conservation and Landscape Health rule in full (2026-05-12). A directive plus documented implementing actions, with much of the SO 3418 list — the waste prevention rule above all — still standing.
- Interior Office of the Solicitor, M-Opinions index (M-37085 through M-37089 and the July 2025 reinstatement memorandum)
- BLM final rule: Rescission of the Management and Protection of the National Petroleum Reserve in Alaska Regulations, Issued May 7, 2024
- OSMRE final rule: Rescission of the “Ten-Day Notices and Corrective Action for State Regulatory Program Issues” Rule, Issued April 9, 2024
- BLM final rule: Rescission of Conservation and Landscape Health Rule
- Attempted
SO 3418 directs all Assistant Secretaries to "promptly review all agency actions" and submit action plans within 15 days, and §4(b) names the documents to be considered for suspension, revision or rescission: SO 3398, SO 3399, SO 3401, eleven Federal Register rules, BLM instruction memoranda, four Departmental Manual chapters and six Solicitor's opinions. A directive with nothing yet undone.
Research log
What was searched, and what didn’t count as evidence
Research notes
The review the Quote asks for is the one SO 3418 §4 orders, and its results are traceable: the NPR-A rule, the Conservation and Landscape Health rule, the Ten-Day Notice rule and the ESA “harm” definition have all been rescinded, and three Solicitor’s opinions in the SO 3418 list have been withdrawn or reinstated.
- Action
- other
- Object
- Regulations, orders, guidance, and policies issued under SO 3398
- ID
- 1449