Laws and Regulations: Energy Resource DevelopmentFederal statutes (laws), Executive Orders, and regulations concerned with energy resource development. Follow the links below to learn about Federal statutes (laws), Executive Orders, and regulations that may apply to specific energy development activities. Executive Order 13514 was issued by President Obama on October 5, 2009, establishing requirements for sustainability in federal government and directing agencies to make greenhouse gas emission reductions a priority. This order establishes requirements for the management of federal facilities and vehicles, strategic planning, and integration of sustainability goals in agency missions. The Federal Power Act of 1935 (16 USC 791 et seq.) was enacted by Congress to regulate non-federal hydropower projects in order to support comprehensive development of rivers for energy generation and other beneficial uses, such as water supply, flood control, recreation, and fish and wildlife management. FPA regulations are administered by the Federal Energy Regulatory Commission (FERC) and are available at 18 CFR 1-399. The Geothermal Steam Act of 1970 (30 USC 1001 et seq.), which has been amended several times, requires the U.S. Department of the Interior (DOI) to establish rules and regulations for the leasing of geothermal resources on lands managed by federal agencies. Regulations addressing the leasing of geothermal resources, issued by the Bureau of Land Management (BLM), are available at 43 CFR 3200. In addition, under the authority of the Indian Mineral Leasing Act of 1938 (25 USC 396a-g), which provides for leasing of minerals on tribal lands, and the Indian Mineral Development Act of 1982 (25 USC 2102 et seq.), which provides for tribes to enter into energy development agreements with DOI approval, the BIA has issued regulations relevant to geothermal energy development. These BIA regulations are available at 25 CFR 211 and 25 CFR 225. A number of federal laws establish requirements for oil and gas leasing and development on federal and tribal lands. These include the (1) Mineral Leasing Act of 1920 (30 USC 181 et seq.), which established the authority of the U.S. Department of the Interior (DOI) to oversee oil and gas operations on federal land; (2) Mineral Leasing Act for Acquired Lands of 1947 (30 USC 351 et seq.), which extended the DOI authority over oil and gas operations to federal "acquired lands;" (3) Mining and Minerals Policy Act of 1970 (30 USC 21 et seq.), which established modern policy regarding mineral development in the United States of encouraging private enterprise while mitigating adverse environmental impacts; (4) Federal Land Policy and Management Act of 1976 (43 USC 1701 et seq.), which defined the Bureau of Land Management (BLM) responsibilities with respect to oil and gas development; (5) Indian Mineral Leasing Act of 1938 (25 USC 396a-g), which provides for leasing of minerals on tribal lands; and (6) Indian Mineral Development Act of 1982 (25 USC 2102 et seq.), which provides for tribes to enter into energy development agreements with DOI approval. The BLM and Bureau of Indian Affairs (BIA), agencies within the DOI, have issued regulations relevant to oil and gas development under the authorities of these laws; portions of these regulations establish requirements related to environmental protection. Legislation (25 USC 323) empowering the Secretary of the Interior to grant rights-of-way for all purposes over and across any lands held in trust by the United States for individual Indians or Indian tribes, communities, bands, or nations, or any lands owned, subject to restrictions against alienation, by individual Indians or Indian tribes, communities, bands, or nations, including the lands belonging to the Pueblo Indians in New Mexico, and any other lands acquired or set aside for the use and benefit of the Indians. The full suite of regulations promulgated by the Bureau of Indian Affairs (BIA) under this legislation is available at 25 CFR 169. Legislation regulating the environmental effects of coal mining in the United States. This Act (30 USC 1201 - 1328) created the Office of Surface Mining Reclamation and Enforcement (OSM) within the U.S. Department of the Interior to establish and oversee programs for regulating active coal mines on federal and state lands and reclamation of abandoned mine lands. The regulation of active mines is intended to prevent environmental degradation as a result of coal mining and includes environmental performance standards, permit requirements, reclamation bond requirements, inspection and enforcement authority, and restrictions on mining on certain lands. The reclamation program consists of an Abandoned Mine Land Reclamation (AML) Fund to pay for the cleanup of abandoned mine sites through both state and federal programs and to address issues associated with landslides, land subsidence, and fires associated with coal mining. The full suite of regulations promulgated by the OSM under SMCRA is available at 30 CFR 700-955. Title V of the Energy Policy Act of 2005 amends several sections of Title XXVI of the Energy Policy Act of 1992. Specifically, Section 2604 is amended to require that the U.S. Department of the Interior (DOI) establish a process by which a tribe can obtain a Tribal Energy Resource Agreement (TERA) granting authority to the tribe to review, approve, and manage leases, business agreements, and rights-of-way for energy development on tribal lands. The full suite of TERA regulations promulgated by the DOI is available at 25 CFR 224. |
