Leasing federal lands for oil and gas exploration involves a complex process that requires collaboration between two key federal agencies: the Bureau of Land Management (BLM) and the Forest Service. This article aims to shed light on the differences in leasing procedures when it comes to National Forest System lands.
Coordinated Efforts Between BLM and Forest Service
When it comes to National Forest System lands, the BLM and the Forest Service jointly oversee the leasing process. The BLM is responsible for issuing oil and gas leases on these lands, but this is done with the explicit consent of the Forest Service. Generally, the Forest Service manages the surface of the lands, while the BLM manages the subsurface. The two agencies work together to establish permitting conditions under their distinct management authorities.
Securing an Oil and Gas Lease on Forest Service Lands
Obtaining an oil and gas lease on National Forest Service lands requires compliance with multiple laws and close coordination between the BLM and the Forest Service. The Forest Service must first determine which federal lands are available for leasing, excluding areas withdrawn from mineral leasing, recommended for wilderness designation, or designated as wilderness study areas. Once the Forest Service makes availability decisions, a prospective lessee can submit an informal request to the BLM for a specific parcel to be offered for sale.
If the Forest Service consents to the sale and the BLM confirms the parcel’s availability and suitability, it is included in a notice of competitive oil and gas lease sale. The successful lessee must then obtain an approved Application for Permit to Drill (APD) and a Surface Use Plan of Operations (SUPO) before commencing drilling activities.
Forest Service’s Availability Decisions
Availability decisions by the Forest Service involve a thorough National Environmental Policy Act (NEPA) process, during which the agency identifies minerals available for leasing. Lands open to development, subject to standard lease conditions or specific stipulations, are distinguished on maps. The Forest Service promptly communicates its availability decision to the BLM, which adopts this decision in the leasing process.
Expression of Interest to the BLM
Prospective lessees submit an Expression of Interest (EOI) to the BLM, which is an informal request to consider specific lands for oil and gas competitive lease sales. The BLM reviews nominated lands to ensure their availability, eligibility, and suitability, obtaining the Forest Service’s consent for leasing.
Leasing and Development Process
To develop an oil and gas lease on National Forest System lands, the lessee must submit an APD to the BLM. The BLM forwards the APD, SUPOs, and Notices of Staking (NOSs) to the Forest Service for approval. A 30-day public notice is posted by both agencies for all APDs and NOSs. The Forest Service reviews SUPOs for compliance with environmental laws and notifies the lessee and the BLM of its decision. The BLM, in turn, issues the final approved APD after receiving the Forest Service’s approval. Once all necessary approvals and permits are secured, drilling activities can commence.
In summary, the process of leasing federal lands for oil and gas exploration on National Forest System lands is a meticulous and collaborative effort involving both the BLM and the Forest Service, with careful consideration of environmental and legal factors.
U.S. Forest Serv. Wayne National Forest Oil & Gas Leasing Process,
https://www.fs.usda.gov/detail/custergallatin/landmanagement/resourcemanagement/?cid=fseprd516706
https://www.fs.fed.us/emc/nepa/oged/includes/stages_summary_final.pdf.
