OMB Approves Forest Service Oil and Gas Final Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved, ‘consistent with change’, a final rule from the USDA’s Forest Service on “Oil and Gas Resource Revision”. The advanced notice of proposed rulemaking (ANPRM) was published on September 13^th, 2018. The notice of proposed rulemaking was published on September 1^st, 2020.

According to the Spring 2025 Unified Agenda Entry for this rulemaking:

“The Forest Service plays a role in the leasing and development of Federally owned oil and natural gas found on National Forest System lands in partnership with the Bureau of Land Management (BLM). Updating these regulations will afford an opportunity to modernize and streamline analytical and procedural requirements and help provide a more consistent approach to oil and gas management across the National Forest System. The revisions of the existing regulations clarify processes for leasing consent and surface use permitting decisions, improve coordination with the Bureau of Land Management, provide clear direction on oil and gas operators’ responsibility to protect natural resources and the environment, and update procedures to reflect existing agency practices and better reflect requirements of law. A proposed rule was published on 9/1/2020 (85 FR 46458) for a 60-day comment period. This rule would meet the Administration's priorities outlined in Executive Orders 14154 Unleashing American Energy and 14219, Ensuring Lawful Governance and Implementing the President's "Department of Government Efficiency” Deregulatory Initiative.”

This rulemaking was originated in 45’s Administration, but it continued to be listed in the Biden Administration’s Unified Agenda listings. The only difference in the Abstract was found in the last sentence; the Fall 2024 Unified Agenda closed by stating:

“This rule will meet the Administration's priority to improve service delivery, customer experience, and reduce administrative burdens for those accessing public benefits and services.”

It would be interesting to think about what a Biden Forest Service version of this rule would have looked like.

This rulemaking is outside of the normal scope of this blog, so I probably will not cover it in any detail in this blog. At the very least, however, I would expect to note its’ publication in the appropriate Short Takes post.