Public Land - Development of Oil and Gas on Federal Land

The following materials represent various statutes and regulations that have been enacted or promulgated by the federal and state governments. 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)
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • National Historic Preservation Act of 1966
    • The National Historic Preservation Act mandates the BLM to work cooperatively in managing and protecting cultural resources located on public lands.
  • Hydraulic Fracturing Rule
    • Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands; Rescission of a 2015 Rule (Final Rule), Federal Register 82 FR 61924 (December 29, 2017);
    • Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands; Rescission of a 2015 rule (Proposed Rule), Federal Register 82 FR 34464 (July 25, 2017);
    • President Donald Trump’s Executive Order No. 13783 Promoting Energy Independence and Economic Growth (March 28, 2017) (this Executive Order directs heads of agencies to immediately review all agency actions that potentially burden the energy and economic domestic landscape);
      • Order No. 3349 entitled “American Energy Independence,” issued from Interior Secretary Ryan K. Zinke (March 29, 2017) (in this Order, Interior Secretary Zinke announced that “BLM shall proceed expeditiously with proposing to rescind the Hydraulic Fracturing final rule);
    • Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands (Final Rule), Federal Register 80 FR 16127 (March 26, 2015)
      • The Final Rule document was corrected by another document, Federal Register 80 FR 16577 (March 30, 2015)
    • Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands (Supplemental notice of proposed rulemaking and request for comment), Federal Register 78 FR 31635 (May 24, 2013)
    • Oil and Gas; Well Stimulation, Including Hydraulic Fracturing on Federal and Indian Lands (Proposed Rule), Federal Register 77 FR 27691 (May 11, 2012)
• U.S. Department of the Interior – Bureau of Indian Affairs (BIA)
  • 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.
  • 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.
  • Indian Tribal Energy Development and Self Determination Act of 2005 as amended
    • 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 right-of-ways for pipelines.
  • The 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;
    • 43 CFR Part 3160 – Onshore Oil and Gas Operations;
    • 43 CFR Part 3180 – Onshore Oil and Gas Unit Agreements; Unproven areas;
    • 43 CFR Part 3260 – Geothermal Resources Operations;
    • 43 CFR Part 3280 – Geothermal Resources Unit Agreements; Unproven areas;
    • 43 CFR Part 3480 – Coal Exploration and Mining Operations Rules;
    • 43 CFR Part 3590 – Solid Minerals (Other than Coal) Exploration and Mining Operations;
• 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 2017-2022 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 Commerce – National Oceanic and Atmospheric Administration (NOAA)
  • The Coastal Zone Management Act of 1972 (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 the Interior – Office of Natural Resources Revenue (ONRR)
  • Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 (30 U.S.C. 1701 et seq.)
    • Under the Federal Oil and Gas Royalty Simplification and Fairness Act, the ONRR is granted authority regarding records, inspection and enforcement for onshore oil and gas operations;
• U.S. Department of Agriculture – U.S. Forest Service
  • 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..

For more information, please contact the Guide Author, Jessica Deyoe,  Research Assistant  at The Center for Agricultural and Shale Law.  

Phone: (814) 865-4290

Email: jld531@psu.edu

The Center for Agricultural and Shale Law

Penn State Law

The Pennsylvania State University

329 Innovation Blvd., Suite 118

University Park, PA 16803

Phone: (814) 865-4290

Fax: (814) 865-3851