Rule2025-13405
Rescission of Regulations Regarding Production Incentives for Geothermal Leases
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 17, 2025
Effective
September 15, 2025
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
This direct final rule rescinds Bureau of Land Management (BLM) regulations that address production incentives for geothermal leases.
Full Text
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<title>Federal Register, Volume 90 Issue 135 (Thursday, July 17, 2025)</title>
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[Federal Register Volume 90, Number 135 (Thursday, July 17, 2025)]
[Rules and Regulations]
[Pages 33305-33307]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13405]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3200
[Docket No. BLM-2025-0018; PO #4820000251; Order #02412-014-004-
047181.0]
RIN 1004-AF17
Rescission of Regulations Regarding Production Incentives for
Geothermal Leases
AGENCY: Bureau of Land Management, Interior
ACTION: Direct final rule; request for comments.
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SUMMARY: This direct final rule rescinds Bureau of Land Management
(BLM) regulations that address production incentives for geothermal
leases.
DATES: The final rule is effective on September 15, 2025, unless
significant adverse comments are received by August 18, 2025. If
significant adverse comments are received, notice will be published in
the Federal Register before the effective date either withdrawing the
rule or issuing a new final rule which responds to significant adverse
comments.
ADDRESSES: You may submit comments by one of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
In the Search box, enter the Docket Number ``BLM-2025-0018'' and click
the ``Search'' button. Follow the instructions at this website.
<bullet> Mail, Personal, or Messenger Delivery: U.S. Department of
the Interior, Director (630), Bureau of Land Management, 1849 C St. NW,
Room 5646, Washington, DC 20240, Attention: 1004-AF17.
FOR FURTHER INFORMATION CONTACT: Lorenzo Trimble, Geothermal Program
Lead, telephone: 775-861-6724; email: <a href="/cdn-cgi/l/email-protection#2f435b5d46424d434a6f4d434201484059"><span class="__cf_email__" data-cfemail="94f8e0e6fdf9f6f8f1d4f6f8f9baf3fbe2">[email protected]</span></a>. Individuals in
the United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
For a summary of the final rule, please see the abstract
description of the document in Docket Number BLM-2025-0018 on
<a href="http://www.regulations.gov">www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION: The U.S. Department of the Interior's
(Department) regulations implementing the Geothermal Steam Act of 1970,
30 U.S.C. 1001-1028, are contained in 43 CFR part 3200. These
regulations manage the use of the public lands and the Federal mineral
estate for geothermal resources leasing and development under the
Geothermal Steam Act. Upon reviewing these regulations, the Department
has determined that Sec. Sec. 3212.18 through 3212.24 should be
rescinded in their entirety because the royalty reduction program to
which they refer has expired. The deadline of August 7, 2011, has
expired. These provisions are therefore obsolete and no longer in use.
The Department has determined that this reason, independently and
alone, justifies rescission of these regulations. It is neither
efficient nor in the best interests of the public to maintain obsolete
regulations that are no longer in use.
The Department is issuing this rule as a direct final rule.
Although the Administrative Procedure Act (APA, 5 U.S.C. 551-559)
generally requires agencies to engage in notice and comment rulemaking,
section 553 of the APA provides an exception when the agency ``for good
cause finds'' that notice and comment are ``impracticable, unnecessary,
or contrary to the public interest.'' Id. section 553(b)(B). The
Department has determined that notice and comment are unnecessary
because this rule is noncontroversial; of a minor, technical nature;
involves little agency discretion; and is unlikely to receive any
significant adverse comments. Significant adverse comments are those
that oppose the rescission of the rules and raise, alone or in
combination, (1) reasons why the rescission of the rule is
inappropriate, including challenges to the rescission's underlying
premise; or (2) serious unintended consequences of the rescission. A
comment recommending an addition to the rule will not be considered
significant and adverse unless the comment explains how this direct
final rule would be ineffective without the addition of, or retention
of, the material.
Procedural Matters
Executive Order (E.O.) 12866--Regulatory Planning and Review and E.O.
13563--Improving Regulation and Regulatory Review
E.O. 12866 provides that the Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget (OMB) will review
all significant rules. OIRA has determined that this rule is not
significant.
[[Page 33306]]
E.O. 13563 reaffirms the principles of E.O. 12866, while calling
for improvements in the Nation's regulatory system to promote
predictability, reduce uncertainty, and use the best, most innovative,
and least burdensome tools for achieving regulatory ends. E.O. 13563
directs agencies to consider regulatory approaches that reduce burdens
and maintain flexibility and freedom of choice for the public where
these approaches are relevant, feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes further that agencies must base
regulations on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. The Department developed this rule in a manner consistent with
these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA, 5 U.S.C. 601 through 612)
requires an agency to prepare a regulatory flexibility analysis for all
rules unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
The RFA applies only to rules for which an agency is required to first
publish a proposed rule. See 5 U.S.C. 603(a) and 604(a). As the
Department is not required to publish a notice of proposed rulemaking
for this direct final rule, the RFA does not apply.
Congressional Review Act
This rule is not a major rule under the Congressional Review Act, 5
U.S.C. 804(2). Specifically, the direct final rule: (a) will not have
an annual effect on the economy of $100 million or more; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) will not have significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic and export markets.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector, of more than $100 million
per year. The rule does not have a significant or unique effect on
State, local, or Tribal governments, or the private sector. The rule
merely revises the Federal regulations to remove an obsolete provision
that is no longer used. Therefore, a statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required.
E.O. 12630--Governmental Actions and Interference With Constitutionally
Protected Property Rights
This rule does not result in a taking of private property or
otherwise have regulatory takings implications under E.O. 12630. The
rule rescinds an obsolete regulatory provision; therefore, the rule
will not result in private property being taken for public use without
just compensation. A takings implication assessment is therefore not
required.
E.O. 13132--Federalism
Under the criteria of section 1 of E.O. 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. This rule will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. A
federalism summary impact statement is not required.
E.O. 12988--Civil Justice Reform
This direct final rule complies with the requirements of E.O.
12988. Among other things, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation;
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
E.O. 13175--Consultation and Coordination With Indian Tribal
Governments
The Department strives to strengthen its government-to-government
relationship with Indian tribes through a commitment to consultation
with Tribes and recognition of their right to self-governance and
Tribal sovereignty. The Department evaluated this direct final rule
under E.O. 13175 and the Department's consultation policies and
determined that it has no substantial, direct effects on federally
recognized Indian tribes and that consultation under the Department's
Tribal consultation policies is not required. The rule merely revises
the Federal regulations to remove unnecessary regulatory language.
Paperwork Reduction Act
OMB previously approved the information collection activities
contained in the existing regulations and assigned OMB Control Number
1004-0132. This rule does not impose any new or materially revised
information collection requirements under the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), and a submission to the Office of Management
and Budget under the Paperwork Reduction Act is not required.
National Environmental Policy Act
This direct final rule does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act (NEPA,
42 U.S.C. 4321 et seq.) is not required because this rule is covered by
a categorical exclusion applicable to regulatory functions ``that are
of an administrative, financial, legal, technical, or procedural
nature.'' 43 CFR 46.210(i). In addition, the Department has determined
that this rule does not involve any of the extraordinary circumstances
listed in 43 CFR 46.215 that would require further analysis under NEPA.
E.O. 13211--Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use
This direct final rule is not a significant energy action as
defined in E.O. 13211. Therefore, a Statement of Energy Effects is not
required.
List of Subjects in 43 CFR Part 3200
Environmental protection, Geothermal energy, Government contracts,
Mineral royalties, Public lands--mineral resources, Reporting and
recordkeeping requirements, Surety bonds.
Adam G. Suess,
Acting Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, the Bureau of Land
Management amends 43 CFR part 3200 as follows:
PART 3200--GEOTHERMAL RESOURCE LEASING
0
1. The authority citation for part 3200 continues to read as follows:
Authority: 30 U.S.C. 1001-1028; 43 U.S.C. 1701 et seq.; and Pub.
L. 109-58.
[[Page 33307]]
Subpart 3212--Lease Suspensions, Cessation of Production, Royalty
Rate Reductions, and Energy Policy Act Royalty Rate Conversions
Sec. Sec. 3212.18 through 3212.24 [Removed]
0
2. Remove Sec. Sec. 3212.18 through 3212.24.
[FR Doc. 2025-13405 Filed 7-16-25; 8:45 am]
BILLING CODE 4331-29-P
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</html>Indexed from Federal Register on July 17, 2025.
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