Rule2025-14626
Revision to Regulations Regarding Onshore Oil and Gas Leasing; General
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 oil and gas leasing to effectuate changes to the definitions for "eligible" and "available" as 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 36117-36118]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14626]
[[Page 36117]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3100
[Docket No. BLM-2025-0137; A2407-014-004-065516; #O2412-014-004-
047181.1]
RIN 1004-AF40
Revision to Regulations Regarding Onshore Oil and Gas Leasing;
General
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is amending its rules
governing oil and gas leasing to effectuate changes to the definitions
for ``eligible'' and ``available'' as required by the ``One Big
Beautiful Bill Act'' (OBBB) enacted on July 4, 2025.
DATES: This final rule is effective on August 1, 2025.
FOR FURTHER INFORMATION CONTACT: Peter Cowan, Senior Minerals Leasing
Specialist, email: <a href="/cdn-cgi/l/email-protection#ed9d848e829a8c83ad8f8180c38a829b"><span class="__cf_email__" data-cfemail="215148424e56404f61434d4c0f464e57">[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-2025-0137 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. The BLM's regulations
applicable to oil and gas operations on BLM-managed lands are generally
contained in 43 CFR part 3100. 43 CFR 3100.5 contains the definitions
applicable to oil and gas operations.
Section 50101(d)(3) of the OBBB amended section 226(b)(1)(A) of the
MLA to include definitions for ``eligible'' and ``available'' lands in
reference to lands the BLM can lease for oil and gas development. The
OBBB defines ``eligible'' as all lands that are subject to leasing
under this Act and are not excluded from leasing by a statutory
prohibition. The OBBB defines ``available'' as those lands that have
been designated as open for leasing under a land use plan developed
under section 202 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712) and that have been nominated for leasing through the
submission of an expression of interest, are subject to drainage in the
absence of leasing, or are otherwise designated as available pursuant
to regulations adopted by the Secretary. These terms are integral to
the BLM's determination of the lands that can be leased for oil and gas
development and have been the subject of litigation in the past. The
BLM is amending 43 CFR 3100.5 to include these two statutory
definitions.
The BLM has determined that 43 CFR 3100.5 must be revised to
reflect these critical statutory definitions and to avoid any confusion
on the part of the public about how these terms will be applied by the
BLM in determining which lands it can lease.
The BLM has determined that enactment of the OBBB, independently
and alone, justifies the revisions to 43 CFR 3100.5. The Department has
no interest in maintaining regulations that are not consistent with
statutory requirements.
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 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 amends the regulations to include a definition required by 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 Executive Order 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
[[Page 36118]]
and that consultation under the Department's Tribal consultation
policies is not required. The rule merely amends the regulations to
include statutorily required definitions.
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 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 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 include statutorily required
definitions. 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. Amend Sec. 3100.5 by adding in alphabetical order definitions for
``Available'' and ``Eligible'' to read as follows:
Sec. 3100.5 Definitions.
* * * * *
Available means those lands that have been designated as open for
leasing under a land use plan developed under section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) and
that have been nominated for leasing through the submission of an
expression of interest, are subject to drainage in the absence of
leasing, or are otherwise designated as available pursuant to
regulations adopted by the Secretary.
* * * * *
Eligible means all lands that are subject to leasing under the
Mineral Leasing Act of 1920 and are not excluded from leasing by a
statutory prohibition.
* * * * *
[FR Doc. 2025-14626 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.