Rule2025-14625
Revision to Regulations Regarding Oil and Gas Leasing; Stipulations and Information Notices
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
September 30, 2025
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
This direct final rule (DFR) removes existing Bureau of Land Management (BLM) regulations pertaining to stipulations and mitigation measures to effectuate changes required by the "One Big Beautiful Bill Act" (OBBB) enacted on July 4, 2025.
Full Text
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<title>Federal Register, Volume 90 Issue 146 (Friday, August 1, 2025)</title>
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[Federal Register Volume 90, Number 146 (Friday, August 1, 2025)]
[Rules and Regulations]
[Pages 36114-36116]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14625]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3100
[Docket No. BLM-2025-0140; A2407-014-004-065516; #O2412-014-004-
047181.1]
RIN 1004-AF43
Revision to Regulations Regarding Oil and Gas Leasing;
Stipulations and Information Notices
AGENCY: Bureau of Land Management, Interior.
ACTION: Direct final rule; request for comments.
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SUMMARY: This direct final rule (DFR) removes existing Bureau of Land
Management (BLM) regulations pertaining to stipulations and mitigation
measures to effectuate changes required by the ``One Big Beautiful Bill
Act'' (OBBB) enacted on July 4, 2025.
DATES: This DFR is effective September 30, 2025, unless significant
adverse comments are received by September 2, 2025. If significant
adverse comments are received, notice will be published in the Federal
Register before the effective
[[Page 36115]]
date either withdrawing the rule or issuing a new final rule that
responds to any 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-2025-0140'' 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-AF43.
FOR FURTHER INFORMATION CONTACT: Peter Cowan, Senior Minerals Leasing
Specialist, email: <a href="/cdn-cgi/l/email-protection#daaab3b9b5adbbb49ab8b6b7f4bdb5ac"><span class="__cf_email__" data-cfemail="f7879e9498809699b7959b9ad9909881">[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-2025-0140 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 primarily by the Mineral Leasing Act of 1920
(MLA), 30 U.S.C. 181 et seq. Section 226 of the MLA sets out the
general provisions governing oil and gas leasing on Federal lands, and
section 226(a) provides the Secretary with the authority to lease the
lands, as more fully set out in the succeeding subsections of section
226. The Department's regulations implementing the provisions of
section 226 of the MLA are found in 43 CFR part 3100.
Section 50101(d) of the OBBB amended the MLA by removing the
existing language in section 226(a) and replacing it with new language
that requires the Secretary to make lands in an expression of interest
(EOI) available for leasing within 18 months of receipt of an EOI,
subject to enumerated conditions. It adds a new subparagraph requiring
any leases issued under the MLA to be subject to the terms and
conditions of an approved resource management plan (RMP) and prohibits
the Secretary from including any stipulations or mitigation in a lease,
unless such stipulations or mitigation are included in an approved RMP.
Section 50101(d) also provides that initiation of an amendment to an
RMP will not prevent the Secretary from leasing land, provided the
other requirements of the section have been met.
To implement this statutorily required change, the BLM has
determined that 43 CFR 3101.13(a) and (b) must be revised to reflect
the prohibition on including stipulations or mitigation measures not
included in an approved RMP. Specifically, the BLM is removing the
existing language in 43 CFR 3101.13(a) and replacing it with the
following:
(a) Leases issued by the BLM will include only those
stipulations and mitigation measures included in the resource
management plan covering that parcel of land that is being leased.
Further, the BLM is removing 43 CFR 3101.13(b) its entirety since the
majority of the language no longer complies with the statute. The last
sentence in 43 CFR 3101.13(b) has been moved into 43 CFR 3101.13(a).
The remaining paragraphs of 43 CFR 3101.13 will be redesignated as
required based on the removal of paragraph (b).
Because this new provision restricts the BLM's authority to include
stipulations and mitigation measures in the leases that it issues
beyond those that are already contemplated in an approved RMP, the BLM
believes the regulated community is best served by including this
change now rather than waiting for the publication of any broader
revisions to its oil and gas leasing regulations. To the extent
required, any other regulatory revisions that are necessary due to the
enactment of section 50101(d) of the OBBB will be included in the BLM's
overall revisions to part 3100.
The BLM has determined that enactment of the OBBB, independently
and alone, justifies the revisions to 43 CFR 3101.13(a) and (b). The
BLM has no interest in maintaining a regulation that no longer reflects
the existing statutory obligations and could lead to confusion if left
in place.
The BLM is issuing this rule as a DFR. 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 notice
and comment are unnecessary because the revisions for this rule
implement requirements for which the agency has no discretion; and is
unlikely to receive any significant adverse comments. Significant
adverse comments are those that oppose the revision of the rule and
raise, alone or in combination, (1) Reasons why the revision of the
rule is inappropriate, including challenges to the revision's
underlying premise; or (2) Serious unintended consequences of the
revision. A comment recommending an addition to the rule will not be
considered significant and adverse unless the comment explains how this
DFR would be ineffective without the addition.
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 revises one provision that no longer reflects statutory authority
and removes another one that is no longer supported by section 226(a)
of the MLA as amended by section 5101(d) 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.
[[Page 36116]]
E.O. 12988--Civil Justice Reform
This DFR 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 DFR
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 revise obsolete regulatory language.
E.O. 13211--Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use
This DFR 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 DFR 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 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 Department 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 DFR, the
RFA does not apply.
Congressional Review Act
This DFR is not a major rule under the Congressional Review Act, 5
U.S.C. 804(2). Specifically, the DFR: (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 revise a provision to reflect
a new statutory requirement and remove one that is no longer authorized
by the statute. 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 in 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.
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 3100 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.
0
2. Revise Sec. 3101.13 to read as follows:
Sec. 3101.13 Stipulations and information notices.
(a) Leases issued by the BLM will include only those stipulations
and mitigation measures included in the resource management plan
covering that parcel of land that is being leased.
(b) The BLM may attach an information notice to the lease. An
information notice has no legal consequences, except to give notice of
existing requirements, and may be attached to a lease by the authorized
officer at the time of lease issuance to convey certain operational,
procedural or administrative requirements relative to lease management
within the terms and conditions of the standard lease form. Information
notices may not be a basis for denial of lease operations.
(c) Where the surface managing agency is the Fish and Wildlife
Service, leases will be issued subject to stipulations prescribed by
the Fish and Wildlife Service as to the time, place, nature and
condition of such operations in order to minimize impacts to fish and
wildlife populations and habitat and other refuge resources on the
areas leased. The specific conduct of lease activities on any refuge
lands will be subject to site-specific stipulations prescribed by the
Fish and Wildlife Service.
[FR Doc. 2025-14625 Filed 7-31-25; 8:45 am]
BILLING CODE 4331-29-P
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