Rule2025-14621
Revision to Regulations Regarding Competitive Leases; Expression of Interest Process
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
August 1, 2025
Effective
August 1, 2025
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) is amending its rules governing fees for expressions of interest (EOI) to effectuate changes required by the "One Big Beautiful Bill Act" (OBBB) enacted on July 4, 2025.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 146 (Friday, August 1, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 146 (Friday, August 1, 2025)]
[Rules and Regulations]
[Pages 36118-36120]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14621]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3100 and 3120
[Docket No. BLM-2025-0139; A2407-014-004-065516; #O2412-014-004-
047181.1]
RIN 1004-AF42
Revision to Regulations Regarding Competitive Leases; Expression
of Interest Process
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is amending its rules
governing fees for expressions of interest (EOI) to effectuate changes
required by the ``One Big Beautiful Bill Act'' (OBBB) enacted on July
4, 2025.
DATES: This final rule is effective on August 1, 2025.
ADDRESSES: You may send inquiries to Director (630), Bureau of Land
Management, 1849 C St. NW, Room 5646, Washington, DC 20240; Attention:
RIN 1004-AF42.
FOR FURTHER INFORMATION CONTACT: Peter Cowan, Senior Minerals Leasing
Specialist, email: <a href="/cdn-cgi/l/email-protection#fc8c959f938b9d92bc9e9091d29b938a"><span class="__cf_email__" data-cfemail="cebea7ada1b9afa08eaca2a3e0a9a1b8">[email protected]</span></a>, telephone: 720-838-1641.
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-2025-0139 on
<a href="http://www.regulations.gov">www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION: Oil and gas leasing on Federal lands managed
by the BLM is governed by the Mineral Leasing Act of 1920 (MLA), 30
U.S.C. 181 et seq., and other pertinent statutes. See 43 CFR 3100.3.
Section 226 of the
[[Page 36119]]
MLA sets out the general provisions governing oil and gas leasing on
Federal lands. In 2022, Congress passed the Inflation Reduction Act
(IRA), Public Law 117-169 (136 Stat.2056). Section 50262(d) of the IRA
amended section 226 by adding a new subparagraph (q) that addressed
EOIs and imposed a fee of $5 per acre to be paid when a party submitted
an EOI to the BLM indicating an interest in leasing the lands included
in the EOI. The new subparagraph (q) also required the fee to be
adjusted every 4 years for inflation. Before enactment of the IRA, the
term ``EOI'' referred to an informal notice from a company or a member
of the public indicating interest in leasing specific lands. At that
time, the BLM's regulations did not provide for an EOI process;
instead, the BLM treated the EOI as a suggestion that the BLM should
consider for offering specific lands on a competitive oil and gas lease
sale. Therefore, the BLM promulgated a new regulatory requirement in
2024 when it issued new oil and gas regulations to implement this and
other provisions of the IRA. The BLM promulgated the regulatory fee
requirement to implement the IRA provision regarding EOI fees in 43 CFR
3120.31--Expression of Interest Process. This section set out the
general requirements for submitting EOIs and set out the fee at 43 CFR
3120.31(d). The fee was also added to BLM's fiscal terms schedule found
at 43 CFR 3103.1(a) Table 1, since it was to be adjusted for inflation
on a regular schedule.
Section 50101(a)(1) of the OBBB repealed section 50262(d) of the
IRA in its entirety. Based on the language in the OBBB, the BLM may no
longer charge a fee for submission of an EOI. To effectuate this
requirement, the BLM is issuing this final rule to remove the inclusion
of the fee in Table 1 of 43 CFR 3103.1(a) and 43 CFR 3120.31(d).
Because the BLM is removing 43 CFR 3120.31(d), it is also making a
conforming change by redesignating the existing 43 CFR 3120.31(e) to
3120.31(d). Issuance of this final rule will avoid any confusion on the
part of the regulated community as to whether a fee is required when
submitting an EOI to the BLM.
The BLM has determined that 43 CFR 3120.31(d) must be revised to
reflect the fact that the BLM no longer has any authority to collect
such a fee after the enactment of the OBBB. Because the BLM is removing
the existing 43 CFR 3120.31(d), it must make the conforming change to
existing 43 CFR 3120.31(e) by redesignating paragraph ``(e)'' to
paragraph ``(d)''.
The BLM has determined that enactment of the OBBB, independently
and alone, justifies the revisions to 43 CFR 3121.31(d) and (e), as
well as the change to Table 1 in 3103.1(a). The BLM has no interest in
maintaining a regulation that has been repealed by statute and could
cause confusion.
The BLM is issuing this rule as a final rule. Although the
Administrative Procedure Act (APA, 5 U.S.C. 551 through 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. 553(b)(B). The BLM has
determined that public notice and comment are unnecessary because this
rule is noncontroversial, of a minor, technical nature, and involves no
agency discretion.
Procedural Matters
Executive Order (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 a regulatory provision that implemented a provision of
law that has been repealed by enactment of the OBBB. The rule will not
result in private property being taken for public use without just
compensation. A takings implication assessment is not required.
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.
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 BLM developed this rule in a manner consistent with these
requirements.
E.O. 12988--Civil Justice Reform
This 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. 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. 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior 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 BLM evaluated this 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 obsolete regulatory language.
E.O. 13211--Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use
This final rule is not a significant energy action as defined in
E.O. 13211. Therefore, a Statement of Energy Effects is not required.
National Environmental Policy Act (NEPA)
This final rule does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under NEPA (42 U.S.C. 4321 et seq.) is not required
because this rule is covered
[[Page 36120]]
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 BLM 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.
Paperwork Reduction Act
This rule does not impose any new information collection burden
under the Paperwork Reduction Act. OMB previously approved the
information collection activities contained in the existing regulations
and assigned OMB control number 1004-0185. This rule does not impose an
information collection burden because the BLM is not making any changes
to the information collection requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA, 5 U.S.C. 601-612) 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 BLM 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 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.
List of Subjects
43 CFR Part 3100
Government contracts, Government employees, Mineral royalties, Oil
and gas exploration, Oil and gas reserves, Public lands--mineral
resources, Reporting and recordkeeping requirements, Surety bonds.
43 CFR Part 3120
Government contracts, Government employees, Oil and gas
exploration, Public lands--mineral resources, Reporting and
recordkeeping requirements.
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 parts 3100 and 3120 as follows:
PART 3100--OIL AND GAS LEASING
0
1. The authority citation for part 3100 continues to read as follows:
Authority: 25 U.S.C. 396d and 2107; 30 U.S.C. 189, 306, 359,
and 1751; 43 U.S.C. 1701 et seq.; and 42 U.S.C. 15801.
Sec. 3103.1 [Amended]
0
2. In Sec. 3103.1, amend table 1 to paragraph (a) by removing the
entry ``Expression of Interest filing fee.''
PART 3120--COMPETITIVE LEASES
0
3. The authority citation for part 3120 continues to read as follows:
Authority: 16 U.S.C. 3101 et seq.; 30 U.S.C. 181 et seq. and
351-359; 40 U.S.C. 471 et seq.; 43 U.S.C. 1701 et seq.; Pub. L. 113-
291, 128 Stat. 3762; and the Attorney General's Opinion of April 2,
1941 (40 Op. Atty. Gen. 41).
Sec. 3120.31 [Amended]
0
4. Amend Sec. 3120.31 by removing paragraph (d) and redesignating
paragraph (e) as paragraph (d).
[FR Doc. 2025-14621 Filed 7-31-25; 8:45 am]
BILLING CODE 4331-29-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 1, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.