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Chloe Marie Research Specialist

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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 (Pub. L. 106-463), as amended (30 U.S.C 181 et seq.), grants the Bureau of Land Management (BLM) the authority to lease and manage public lands for the development of mineral resources, including oil and natural gas.

The BLM Oil and Gas Program

The Bureau of Land Management (BLM) Oil and Gas Program oversees the exploration, leasing, and production of oil and gas resources on federal onshore lands. This program is authorized under the Mineral Leasing Act of 1920, as amended, and the Mineral Leasing for Acquired Lands Act of 1947.

43 CFR part 3000 – Minerals Management: General
43 CFR part 3100 – Oil and Gas Leasing
43 CFR part 3110 – Noncompetitive Leases
43 CFR part 3120 – Competitive Leases
43 CFR part 3130 – Oil and Gas Leasing: National Petroleum Reserve, Alaska
43 CFR part 3140 – Leasing in Special Tar Sand Areas
43 CFR part 3150 – Onshore Oil and Gas Geophysical Exploration
43 CFR part 3160 – Onshore Oil and Gas Operations
43 CFR part 3170 – Onshore Oil and Gas Production
43 CFR part 3180 – Onshore Oil and Gas Unit Agreements: Unproven Areas

  • Final Rule; Fluid Mineral Leases and Leasing Process; 89 FR 30916 (effective June 22, 2024) – the BLM updated its regulations for oil and gas activities on public lands to reflect legislative changes stipulated in the Inflation Reduction Act (IRA) and Infrastructure Investment and Jobs Act (IIJA), increase fees and royalties from oil and gas companies, and focus leasing on areas with fewer environmental concerns. This is the first major update to these regulations since 1988.

The Naval Petroleum Reserves Production Act of 1976 (Pub. L. 94-258), as amended (42 U.S.C. 6501 et seq.), allows oil and gas leasing and development in the National Petroleum Reserve in Alaska. 

The Federal Land Policy and Management Act of 1976 (Pub. L. 94-579), as amended (43 U.S.C. 1701 et seq.), primarily establishes a regulatory framework for the Bureau of Land Management (BLM) to manage public lands. This Act also governs management of cultural resources on these lands.

The Omnibus Public Land Management Act of 2009 (Pub. L. 111-11) provides for the establishment of additional wilderness protection areas, national parks, monuments, and historic sites, as well as increased funding to federal agencies for research and support programs. This Act also establishes the National Landscape Conservation System, which is managed by the Bureau of Land Management (BLM). 

The National Historic Preservation Act of 1966 (Pub. L. 89-665), as amended (Title 54 of the U.S. Code), requires the Bureau of Land Management (BLM) to collaborate in the management and protection of cultural resources on public lands. 

The John D. Dingell, Jr. Conservation, Management, and Recreation Act of 2019 (Pub. L. 116-9) 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), which provides funds for federal and state conservation efforts. The LWCF is primarily funded by royalties from lease sales of federal offshore lands for oil and gas production.

The Hydraulic Fracturing Rule

The Bureau of Land Management (BLM) implemented a final rule addressing hydraulic fracturing on federal and Indian lands, following the growing use and complexity of the techniques, particularly when used in conjunction with advanced drilling technology.

The rule reinforces oversight of hydraulic fracturing operations. It requires that operators demonstrate well integrity to protect water supplies. Additionally, the rule establishes stronger protocols for managing fluids used and recovered during the fracturing process.

The Bureau of Land Management rescinded the rule following concerns that it imposed unnecessary administrative and compliance burdens.

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

The Indian Allottee Leasing Act of 1909 (25 U.S.C. 396) allowed Native American individuals who received land allotments to lease those lands for mining purposes. 

The Indian Mineral Leasing Act of 1938 (25 U.S.C. 396a to 396g, 398, and 399) grants the Bureau of Indian Affairs (BIA) the authority to lease Indian lands for the development of mineral resources. 

The Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.) allows Indian tribes to enter into joint venture agreements with mineral developers for the development of mineral resources. 

The Indian Tribal Energy Development and Self Determination Act Amendments of 2017 (Pub. L. 115-325) grants Indian tribes greater authority over oil and gas development on their lands. This includes the ability to enter into business agreements and leases for mineral resource development, as well as the authority to grant rights-of-way for pipelines. 

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.) grants the federal government title and ownership of submerged lands located three miles from a states coastline. This Act establishes 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.) gives the Bureau of Ocean Energy Management (BOEM) the authority to administer the leasing of Outer Continental Shelf (OCS) lands for oil and gas development. Additionally, BOEM is responsible for implementing a comprehensive Outer Continental Shelf Oil and Gas Leasing Program.

The Energy Policy Act of 2005 (Pub. L. 109-58) (42 U.S.C. 15801 to 16539) establishes a regulatory framework for the Bureau of Ocean Energy Management (BOEM) to 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 1966 (Pub. L. 104-185) (30 U.S.C. 1701 et seq.) grants the Office of Natural Resources Revenue (ONRR) authority over 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 (Pub. L. 92-583), as amended (16 U.S.C. 1451 et seq.), provides that the National Oceanic and Atmospheric Administration (NOAA) is responsible for protecting coastal zones from state and federal offshore oil and gas development. The Act requires state review of federal actions that could adversely impact the coastal zone. Additionally, 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) grants the U.S. Forest Service the authority to lease National Forest System lands for oil and gas development. Additionally, the U.S. Forest Service has the power to regulate surface-disturbing activities associated with oil and gas development on these lands.