(Washington, D.C., January 27, 2026) — The U.S. Department of Agriculture’s Forest Service finalized revisions to its regulation governing federal oil and gas resources on National Forest System lands. The revision modernizes and streamlines the process for managing energy development across millions of acres.
U.S. Secretary of Agriculture Brooke L. Rollins and Interior Secretary Doug Burgum announced the updated rule today, emphasizing the Trump Administration’s joint commitment to eliminating outdated and burdensome processes and advancing President Donald J. Trump’s Executive Orders on Declaring a National Energy Emergency and Unleashing American Energy.
“President Trump has made it clear that unleashing American energy requires a government that works at the speed of the American people, not one slowed by bureaucratic red tape,” said Secretary Brooke Rollins. “This rule gives energy producers the certainty they need to expand supply to make energy more affordable, create jobs, and ensure America remains the dominant force in global energy markets – all while safeguarding forests and communities. Energy security is national security. These revisions create clarity and alignment across federal agencies, allowing our teams to move swiftly on leasing and permitting so American families and businesses can rely on affordable, dependable energy, while continuing to be good stewards of our public lands.”
“We are replacing the Biden administration’s bureaucratic delays with American innovation and efficiency,” said Secretary Doug Burgum. “These new rules provide the certainty needed to boost production, slash energy costs, and guarantee our global leadership. By streamlining permitting and cutting bureaucracy, we are lowering costs for families, creating jobs, and securing our nation all while protecting our public lands.”
The final rule (36 CFR 228 Subpart E), now published in the Federal Register, updates and simplifies federal oil and gas leasing procedures, allowing the Forest Service and Bureau of Land Management (BLM) to seamlessly coordinate when issuing permits. By establishing a single, clearly defined leasing decision point and reducing duplicative analysis, the rule improves response times to industry requests, helps reduce longstanding backlogs, accelerates lease issuance, and supports the timely processing of applications for permits to drill.
Under federal law, the Forest Service manages the surface estate of National Forest System lands, while the BLM manages the subsurface mineral estate. The two agencies work together to develop permitting conditions under their respective authorities.
Currently, 5,154 federal oil and gas leases cover approximately 3.8 million acres (about 2%) of National Forest System lands. Of these, roughly 2,850 leases spanning 1.8 million acres across 39 national forests and grasslands contain producing federal oil or gas wells.
I think there’s probably at least.. 100 people in the universe who understand the differences from current regulations and practice. From law firms of various ilks, industry and current and retired minerals folks in BLM and the FS. I’d welcome guest posts from either “side”. or in the middle.. Apparently the Admin went back to the comments from a previous ANPR (2018) and 2020 Proposed Rule.
Stated reasons for general support of the rule include the generation of revenue, large existing demands for oil and gas, decreases in regulatory burden on the oil and gas industry, promotion of domestic energy production, the creation of a simplified process leading to quicker leasing decisions, and the elimination of duplication with the BLM.
Public comments received in response to the ANPR can be found on the internet at http://www.regulations.gov. Search for Docket ID: FS-2018-0053. Responses to the ANPR were considered during preparation of the proposed rule, which was published on September 1, 2020 (FR Doc. 2020-18518) and opened a 60-day comment period. The public submitted nearly 80,000 comments during the 60-day comment period.
Approximately 99.5 percent (79,180) of the comments received were form letters collected by conservation organizations. Only 439 unique, substantive comments or letters were submitted. These comments were from unaffiliated private citizens, State agencies, counties, Alaska Native Corporations, Tribal agencies, oil and gas owners and operators, environmental groups, and business associations.
All the form letters and most of the unique comments expressed opposition at some level, whether to oil and gas development in general or to oil and gas development on National Forest System lands in particular, or to the proposed revisions to 36 CFR Part 228 Subpart E or to the rulemaking process itself.
Supportive comments generally applauded the Forest Service’s efforts to improve clarity and efficiency in the leasing analysis and consent decision procedures, reduce redundancies in permitting, improve coordination with the BLM, and update procedures addressing noncompliance situations. Some supportive comments suggested specific edits to regulation text to help improve the efficiency of the process or the clarity of regulatory intent.
A detailed discussion of comments and our responses is contained in the “Summary of and Response to Public Comments” section.
I went back to the comments on regulations.gov. I couldn’t find anything for “alaska native”. It would be handy if a) the search engine in regulations.gov worked better and/or b) you could click a button to ask for only unique substantive comments. I’ve been told I could do that if I download them all into an excel spreadsheet, but really, is that so difficult in this day and age for the USG to do it?
