Contact Person:

Chloe Marie Research Specialist

Phone:

Email:

cjm445@psu.edu

Federal Statutes and Regulations

The following materials represent various statutes and regulations that have been enacted or promulgated by the federal government. While the Center makes every effort to update and provide current resources, be aware that statutory and regulatory language is subject to change. As a result, the Center offers no warranty or other guarantee regarding the timeliness or accuracy of the information presented.

U.S. Department of the Interior – Bureau of Land Management (BLM)

The Mineral Leasing Act of 1920 as amended (30 U.S.C 181 et seq.)

  • The Mineral Leasing Act gives BLM authority to lease and manage public lands for the development of mineral resources, including oil and natural gas.

The Naval Petroleum Reserves Production Act of 1976 as amended (42 U.S.C. 6501 et seq.)

  • The Naval Petroleum Reserves Production Act allows oil and gas leasing and development in the national petroleum reserve in Alaska, which is administered by BLM.

The Federal Land Policy and Management Act of 1976 as amended (43 U.S.C. Chapter 35)

  • The Federal Land Policy and Management Act primarily establish a regulatory framework for the BLM to use for managing public lands. This Act also governs management of cultural resources on public lands.

The Omnibus Public Land Management Act of 2009

  • The Omnibus Public Land Management Act provides for further wilderness protection areas, national parks, monuments, and historic sites as well as additional funding to federal agencies for research and support program purposes. This Act also establishes a National Landscape Conservation System, which is managed by the BLM.

The Federal Land Transaction Facilitation Act of 2000 (43 U.S.C. 2301 et seq.)

  • The Federal Land Transaction Facilitation Act authorizes BLM to dispose of certain tracts of land and the Department of the Interior agencies and the U.S. Forest Service are allowed to use the proceeds from sales of BLM lands to acquire holdings in national parks, national wildlife refuges, national forests, and designated areas, including the National Landscape Conservation System.

The National Historic Preservation Act of 1966 as amended (16 U.S.C. 470 et seq.)

  • The National Historic Preservation Act mandates the BLM to work cooperatively in managing and protecting cultural resources located on public lands.

The John D. Dingell, Jr. Conservation, Management, and Recreation Act of 2019

  • The Natural Resources Management Act expands federal wilderness and conservation areas and withdraws certain conservation areas from mining development. The Act also reauthorizes the Land and Water Conservation Fund (LWCF) designed to provide funds for federal and state conservation efforts. The LWCF is primarily funded from royalties on lease sales of federal offshore lands for oil and gas production.

Hydraulic Fracturing Rule –

Final Rule; Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands; Rescission of a 2015 Rule, 82 FR 61924 (Dec. 29, 2017)

Proposed Rule; Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands; Rescission of a 2015 Rule, 82 FR 34464 (Jul. 25, 2017)

President Donald Trump’s Executive Order No. 13783 Promoting Energy Independence and Economic Growth (Mar. 28, 2017) (this Executive Order directs heads of agencies to immediately review all agency actions that potentially burden the energy and economic domestic landscape);

Final Rule; Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands, 80 FR 16127 (Mar. 26, 2015)

Supplemental Notice of Proposed Rulemaking and Request for Comment; Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands, 78 FR 31635 (May 24, 2013)

Proposed Rule; Oil and Gas; Well Stimulation, Including Hydraulic Fracturing on Federal and Indian Lands, 77 FR 27691 (May 11, 2012)

U.S. Department of the Interior – Bureau of Indian Affairs (BIA)

The Indian Mineral Leasing Act of 1938 (25 U.S.C. 396a et seq.)

  • The Indian Mineral Leasing Act grants the BIA authority for leasing Indian lands for mineral resources development

The Indian Mineral Development Act of 1982 (25 U.S.C. 2101-2108)

  • The Indian Mineral Development Act provides Indian tribes with the opportunity to enter into joint venture agreement with mineral developers for the development of mineral resources.

The Indian Tribal Energy Development and Self Determination Act Amendments of 2017 

  • The Indian Tribal Energy Development and Self Determination Act gives Indian tribes further authority over oil and gas development on their lands, including entering into business agreements and leases for mineral resources development and granting rights-of-way for pipelines.

Note: The Bureau of Land Management (BLM) does not hold any authority over oil and gas leasing on Indian lands; however, the BLM retains certain competences and prerogatives regarding Indian land development:

U.S. Department of the Interior – Bureau of Ocean Energy Management (BOEM)  

The Submerged Lands Act of 1953 (43 U.S.C. §§ 1301 et seq.)

  • The Submerged Lands Act provides the Federal government with title and ownership of submerged lands located at three miles from a state’s coastline and, thus, grants federal jurisdiction over the submerged lands of the Outer Continental Shelf (OCS) for mineral development.

The Outer Continental Shelf Lands Act of 1953 (43 U.S.C. §§ 1331 et seq.)

  • The Outer Continental Shelf Lands Act gives the BOEM the authority to administer the leasing of the Outer Continental Shelf (OCS) lands for oil and gas development. In addition, the BOEM is responsible for implementing an OCS Oil and Gas Leasing Program

The Energy Policy Act of 2005 (42 U.S.C. Code Chapter 149)

  • The Energy Policy Act provides for a regulatory framework on how BOEM should manage renewable energy development on the Outer Continental Shelf (OCS).

U.S. Department of the Interior – Office of Natural Resources Revenue (ONRR)

The Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 (30 U.S.C. 1701 et seq.)

  • Under the Federal Oil and Gas Simplification and Fairness Act, the ONRR is granted authority regarding records, inspection and enforcement for onshore oil and gas operations.

U.S. Department of Commerce – National Oceanic and Atmospheric Administration (NOAA)

The Coastal Zone Management Act of 1972 as amended (42 U.S.C. §§ 15801 et seq.)

  • Under the Coastal Zone Management Act, the NOAA is responsible for protecting the coastal zone from state and Federal offshore oil and gas development and requires state review of federal action that would adversely impact the coastal zone. In addition, the NOAA is responsible for implementing three national programs: the National Coastal Zone Management Program, the National Estuarine Research Reserve System, and the Coastal and Estuarine Land Conservation Program

U.S. Department of Agriculture – U.S. Forest Service

The Federal Onshore Oil and Gas Leasing Reform Act of 1987 (36 CFR 228 Subpart E)

  • The Federal Onshore Oil and Gas Leasing Reform Act provides the U.S. Forest Service with the leasing authority for developing oil and gas located on National Forest System Lands. The U.S. Forest Service also is granted the power to regulate surface disturbing activities associated with oil and gas development on these lands.