The Department of the Interior recently announced a final rule to revise the Bureau of Land Management’s (BLM) oil and gas leasing regulations, marking a major shift towards conserving our public lands and wildlife habitats.
The long-awaited Fluid Mineral Leases and Leasing Process rule represents a substantial advancement in responsible land management and a victory for conservationists, ranchers and all those who enjoy the outdoors—particularly in Montana, where public lands and wildlife are integral to our lifestyle and economy.
“We are thankful the Biden administration took action to protect the interests of Montana hunters and anglers. The oil and gas rule steers oil and gas away from wildlife habitat and family ranches and toward areas with existing resources and development, promoting intact migration routes,” said Frank Szollosi, Executive Director, Montana Wildlife Federation. “These common-sense reforms also protect Montana’s public lands and taxpayers from orphan and abandoned wells by requiring oil and gas companies to clean up any mess they make. The fair policies outlined in the oil and gas rule are long overdue for Montana wildlife and taxpayers.”
The last time the government attempted to reform the DOI’s oil and gas leasing program was in the 1980s, but it failed to address many persistent issues. The new rule is designed to close loopholes that have allowed private companies to exploit public lands for increasing profits. This updated oil and gas rule modernizes our antiquated leasing system to ensure that taxpayers are given a fair share for the use of their public resources. Additionally, the reforms require oil and gas companies to be responsible for the cleanup of their wells post-production, preventing Montanans from facing costly cleanups that jeopardize our wildlife and cherished public lands.
Ending Speculative Leasing
The new rule does not prohibit new oil and gas leasing on federal lands, but will lead to a more balanced leasing process that provides a better return to taxpayers and focuses on oil and gas drilling in areas most likely to be developed. Under this new rule, the BLM will prioritize oil and gas leasing efforts in areas that already have infrastructure or show high potential for production, in an effort to prevent the unnecessary disturbance of pristine landscapes that are valuable for wildlife and ecological health.
In Montana, BLM Dillon field office Resource Management Plan (RMP) identified that about 1.2 million acres, or 86%, of the eligible lands in Montana, have low or very low energy development potential. For decades, oil and gas companies have had the opportunity to lease this land through speculative leasing practices, diverting critical conservation resources for wildlife habitat.
In the last decade alone, nearly 220,000 acres of Montana’s public lands were leased noncompetitively, including in crucial big game habitat and priority habitat for greater sage-grouse. Noncompetitive leasing took all those public lands off the table for other uses while generating nothing for taxpayers, but thankfully the BLM’s new rule will help eliminate the antiquated practice of noncompetitive leasing.
Financial Reforms & Ensuring Taxpayers Receive a Fair Return
The rule updates financial terms to ensure that taxpayers receive a fair return from the exploitation of public lands. It does this by modernizing bonding requirements for leasing, development, and production to ensure taxpayers do not bear the cost of orphaned wells on public lands.
Recent polls have shown that a staggering 96% of Montana voters are in favor of making oil and gas companies financially responsible for post-development clean-up and restoration. This sentiment was further echoed during the BLM’s comment period, where over 260,000 individuals, many of them Montanans, voiced their opinions, with a whopping 99% in favor of the proposed changes.
The rule includes an increase in the royalty rates for oil and gas from 12.5% to 16.67%, aligning these rates with those typically found on state lands. This adjustment ensures a fair return to the public for natural resource extraction and reduces the incentive for extensive oil and gas operations on federal lands.
Notably, the rule also updates bonding rates for oil and gas leases from $10,000 to $150,000, the first update to these rates in over 60 years. This adjustment reflects a more realistic estimate of the costs associated with drilling and the potential risks, ensuring that oil and gas companies bear the costs of any environmental damage, including the clean-up of orphaned and abandoned wells.
The increase in minimum bids from $2 an acre to $10 an acre, along with higher rental rates and a new $5 per acre expression of interest fee, aims to curb speculative leasing. This type of leasing often prevents proper conservation management as it locks up public lands without leading to productive use. The rule also eliminates noncompetitive leasing, which is frequently speculative and results in underutilized lands.
Prioritizing Conservation
This rule is part of a broader effort to ensure that public lands serve multiple purposes — not just resource extraction but also conservation, recreation, and cultural preservation. It limits lease extensions, imposing stricter controls on how long companies can hold onto leases without development, ensuring lands are not tied up unproductively.
This approach not only benefits the environment but also enhances the quality of life for all who rely on these lands for their livelihoods, recreation, and heritage. BLM lands are among the nation’s most iconic open spaces in the West, supporting local economies, providing homes for wildlife, offering access to nature, and preserving countless human stories.
The implementation of these reforms comes after a robust public engagement process where stakeholders, including hunters, anglers, and conservationists, provided input that significantly shaped the final regulations.
Looking Forward: A Balanced Approach to Land Use
As we move forward, this rule promises a more balanced and sustainable approach to oil and gas leasing, reinforcing the importance of our public lands in maintaining biodiversity, supporting local economies, and preserving our heritage. For Montana, this is a crucial step forward in safeguarding our landscapes for future generations, ensuring that our public lands continue to be a source of pride and natural beauty.
This landmark rule is a testament to the power of advocacy and the importance of governmental accountability, reflecting a significant shift towards prioritizing the health of our public lands and the communities that depend on them.
Members of the historic coalition that worked together to develop Senate Bill 442 with Senator Mike Lang have vowed to bring the bill back next session, saying lawmakers left Montanans with unfinished business after lackluster participation in vote-by-mail poll allowed a controversial veto of the bill to stand. View the results of the poll here.
Senate Bill 442 allocated millions in funding for rural roads for better access to hunting and fishing lands, private land stewardship and conservation, public access, permanent tax relief for disabled veterans’ and helping Montanans deal with substance abuse issues. It garnered widespread support from a coalition of Montanans and received supermajority backing during the 2023 Legislature. Despite the bill’s popularity, it succumbed to a controversial veto and a nearly year-long campaign of delay tactics and political maneuvers from the Gianforte administration designed to thwart a veto override attempt.
The Montana Wildlife Federation, Wild Montana, and the Montana Association of Counties were all partners in litigation to facilitate this veto override ballot process. They say focus will now shift to ensuring lawmakers live up to their prior support of SB 442 because the critical needs that should have been addressed by the legislation are not going away.
The leaders of these organizations issued the following statements:
“Despite broad bipartisan support in the 2023 Legislature, politics became the enemy of good, homegrown policy. Our coalition of hunters, anglers, ranchers, county commissioners, veterans, and Montanans across the state remains united and committed to address these pressing issues,” said Frank Szollosi, Executive Director of the Montana Wildlife Federation. “It’s regrettable that Montanans must face another delay for crucial investments—ranging from improving veteran benefits to repairing county roads to enhancing private and public land wildlife habitat. We’re already laying the groundwork for introducing new bipartisan legislation, and elected officials can count on our commitment to improve Montana’s roads, wildlife habitat and support for our veterans.”
“The circumstances surrounding SB 442 and its veto should be of great concern to Montanans,” said Jason Rittal, Deputy Director of the Montana Association of Counties. “The District Court serves as a critical check in our system, ensuring that loopholes resulting in unconstitutional actions are not allowed. By closing one of these loopholes, the Court did its job and provided the Legislature their opportunity to override. Some legislators do not agree with the Court’s involvement and subsequent decision, which is their prerogative. However, SB 442 is good policy that would have benefited Montana far and wide, and when the 2025 session arrives, County Commissioners throughout the state will again rally in support of another SB 442.”
“Kicking the can down the road didn’t solve any of the problems SB 442 would have addressed,” said Noah Marion, Political and State Policy Director of Wild Montana. “The historic coalition who supports SB 442 is not going away, and we expect to bring back similarly bipartisan and impactful legislation once again. We look forward to working with the multitude of legislators who have claimed they will eagerly support the policy in 2025, even if they refused to support the override. The Governor’s unconstitutional actions and the cynical political gamesmanship by his allies was the only chance he had to stand in the way of such a broadly supported bill, but the Court has been clear that cannot happen again. Unfortunately, Montanans will have to wait yet another year for these investments they so critically need. Rest assured this is not the end.”
Today, the U.S. Department of the Interior finalized the “Public Lands Rule,” redefining the management of approximately 245 million acres of federal lands under the Bureau of Land Management (BLM). The rule puts conservation, recreation, and renewable energy development on equal footing with traditional land uses such as drilling, mining, and livestock grazing.
“By recognizing conservation as a legitimate use of our public lands, this historic change will excite all Montanans who value our iconic landscapes, waters and wildlife,” said Frank Szollosi, Executive Director of the Montana Wildlife Federation. “This rule prioritizes conservation and public input and will ensure that our lands are managed sustainably for recreational, cultural and economic benefits – not least our $2.9 billion outdoor recreation economy.”
Nearly 40% of all U.S. public lands, predominantly located in the West, are overseen by the BLM. In Montana, the BLM manages over 8 million acres across the state. These lands support local economies and provide habitat for wildlife, while also offering public access and preserving countless narratives of human interaction with the landscape.
For decades, the management of public lands in the U.S. has heavily favored resource extraction activities. The Public Lands Rule represents a significant shift in federal policy by placing an equal emphasis on preserving ecosystems and enhancing public access to natural spaces, alongside economic utilization. This is a critical clarification, as the majority of BLM lands are currently open to extraction and other commodity-driven developments.
The Montana Wildlife Federation applauds the Biden administration’s new Public Lands Rule and it’s balanced approach to managing the BLM’s multiple-use mission by putting conservation, cultural lands protection, access to nature, wildlife, renewable energy and climate change mitigation on the same level as extraction across the West and Alaska.
The final rule says that the BLM will consider conservation as a use of federal land on par with any other use allowed under the 1976 Federal Land Policy and Management Act. Notably, conservation will not be prioritized over other uses.
Public and Stakeholder Support
The BLM’s process for developing the rule was both transparent and accessible. A 90-day comment period and numerous public meetings provided meaningful opportunities for the agency to engage with recreationists, tribal communities, ranchers, energy developers, hunters/anglers, and many others who use public lands. The proposal received widespread support—92% of the public comments were in favor of the Public Lands Rule.
This overwhelming support, coupled with endorsements from numerous western lawmakers, local elected officials, governors, and editorial support from newspapers, underscores the rule’s popularity and the public’s desire for a more balanced land management strategy.
Eighty-two percent of voters in the Rocky Mountain West support a national goal of conserving America’s lands and waters in the next decade, including over two-thirds of conservative Republican voters. Similarly, four in five voters also say loss of open natural areas is a problem across the West.
Legal experts, including 8 state attorneys general and 27 law professors, have affirmed that the rule aligns with the BLM’s core mission. The Bureau itself makes clear that all valid existing rights to graze, mine, and drill will not be affected by the rule’s core provisions.
Key Components of the Public Lands Rule:
Balanced Land Management Approach
The BLM’s revised approach introduces a balanced framework that equally weighs conservation efforts against resource extraction, promoting sustainable development and ensuring that logging, mining, and energy production do not overshadow the critical need to protect natural habitats and cultural sites.
Conservation as a Core Use
A central element of the rule is the formal recognition of conservation as a “use” of public lands, a designation that aligns with the 1976 Federal Land Policy and Management Act. This redefinition enables the BLM to prioritize the protection of intact ecosystems and wildlife migration corridors, which are essential for biodiversity and ecological health.
Climate Change and Ecosystem Protection
The Public Lands Rule also addresses the challenges posed by climate change, such as increased wildfires and droughts, by promoting practices that protect and restore land and water ecosystems.
Introduction of Restoration and Mitigation Leases
An innovative addition to the rule, “restoration leases” and “mitigation leases” will be awarded to entities committed to restoring degraded landscapes and conserving critical habitats. This strategy encourages investments in ecological health and resilience.
Strategic Implementation
The new Public Lands Rule will ensure the BLM has clear direction to support communities in the Western U.S. to build a sustainable future around our shared appreciation for public lands. The implementation of this rule requires thoughtful coordination with various stakeholders, including local communities, tribal nations and conservation groups. This collaborative spirit is essential to successfully balance the multiple uses of public lands while achieving conservation goals.
To ensure the Public Lands Rule is fully implemented and adopted by the agency, public lands supporters need to continue to voice their support. Now is the time to act. We must take a smarter approach to the public lands, human stories and wildlife that make the American West so unique—before they disappear.
A lot has changed since I first experienced Idaho’s “wild country” in 1968 when I worked my first seasonal Forest Service job in the Kelly Creek Ranger District. The Dworshak Dam had not yet flooded elk winter range, salmon and steelhead still ran up the North Fork, and the towering western white pine trees had not yet succumbed to blister rust. Although grizzly bears had long been exterminated, black bears were plentiful. This remote country was alive with natural abundance.
Despite these changes, the Upper North Fork remains “wild country” and is important to fish, wildlife, and habitat connectivity. Relatively few roads exist. The wild trout fishery is exceptional, elk and mountain goats frequent the high country, and blister rust-resistant seedlings show promise for restoring white pine habitat. Occasionally, even a grizzly bear is reported.
Straddling the border of Idaho and Montana, this area, known as the “Great Burn,” falls under the stewardship of the Nez Perce-Clearwater National Forest in Idaho and the Lolo National Forest in Montana. You’ve probably heard the Great Burn mentioned in the news lately as both National Forests revise their management plans.
The Great Burn provides a crucial linkage habitat for wildlife such as grizzly bears and wolverines. Its value as habitat connectivity cannot be overstated, especially given climate change impacts and the increasing population pressures in Idaho and Montana. The more people move here, with their vehicles and recreational demands, the more important the wild and remote country will become for wildlife requiring large, undisturbed landscapes.
Although most of the Great Burn has been recommended and managed as Wilderness for decades, the newly revised plans will dictate whether the opportunity to be designated as Wilderness will be preserved for the next 15 to 30 years. Unfortunately, the Nez Perce-Clearwater National Forest has eliminated significant acreage from recommended Wilderness on the Idaho side and is no longer taking public comment.
Fortunately, Lolo National Forest is just starting its Plan Revision process and is encouraging the public to get involved. It recently released its Proposed Action and recommends its entire portion of the Great Burn in Montana for Wilderness. This is good news for Montana’s wildlife and habitat connectivity because wildlife in Montana’s portion of the Great Burn will face much greater movement and migration barriers in the future. Obstacles to habitat connectivity will only increase as the population grows in western Montana, bringing in more people, houses, roads and traffic on Interstate 90.
You can make a difference by advocating for the Great Burn and its wildlife during the Lolo Forest Plan Revision. It is crucial to ensure the plan preserves habitat connectivity, important wildlife habitats, and everything we love about our National Forests. Comments are due by 11:59 pm on April 1 to the Forest Service.
Nestled in Northwest Montana and along the Idaho border, the Lolo National Forest is a treasure trove of natural beauty, providing exceptional habitat for fish, wildlife, and offering endless opportunities for Montanans to enjoy hunting, fishing, and wildlife viewing. As we look towards the future, the Proposed Action for the Revised Lolo Forest Plan presents a unique opportunity for us to ensure that this cherished landscape continues to thrive for generations to come.
We urge everyone to review the proposed action and submit comments by 11:59 pm on Monday, April 1 to help shape a forest plan that prioritizes the health and connectivity of our wildlife habitats. With thoughtful input from the public, we can help shape a forest plan that prioritizes the health and connectivity of our wildlife habitats.
The Lolo National Forest Planning Process is a comprehensive effort to update the forest’s management plan, a task undertaken approximately every 15 to 20 years. This process is critical in determining how the forest will be managed to balance ecological, economic, and recreational needs. The existing forest plan, established in 1986, is now outdated and fails to sufficiently address contemporary challenges like climate change, rising recreational demands, and the necessity for habitat connectivity. As the plan is being revised, there are several areas where public input can significantly impact the outcome.
Positive Components of the Plan
Overall, the Forest Service did a great job in developing the Proposed Action. The introduction of Geographic Areas offers a more nuanced understanding of place-based management, where specific resource management activities can be expected and the nature and extent of cumulative impacts. The preservation of Recommended Wilderness areas, particularly the inclusion of the Hoodoo Roadless Area, is a significant step in ensuring the recovery of species such as the grizzly bear and enhancing habitat connectivity. To further enhance habitat connectivity for a wide variety of wildlife species, MWF would like to see an alternative(s) that recommends additional strategically located Roadless Areas for recommended Wilderness designation.
Additionally, the inclusion of the Appendix 11 (Reader’s Guide) is helpful to aid in navigating the planning documents. This tool simplifies the process for the public to engage with the content, allowing for more focused attention on the substance of the plan rather than the search for information.
Areas for Improvement
There are areas where we believe the plan could be strengthened. The omission of the Ninemile Demographic Connectivity Area (DCA) from the proposed action is a concern. This area plays a crucial role in enhancing habitat connectivity for breeding female grizzly bears. Extending the DCA south of I-90 to ensure connectivity to the Hoodoo Roadless Area is a recommendation MWF strongly advocates for.
Furthermore, connectivity should be elevated to a specific issue for the Lolo National Forest. The forest’s role in providing habitat connectivity across western Montana is undeniable. By making connectivity a distinct issue, it would incentivize the Forest Service to create and analyze alternatives that address habitat linkages and connectivity. Connectivity Maps and Management should be included to identify core areas, corridors, and linkage zones for large wide-ranging species like grizzly bears.
Roadless Areas contribute significantly to wildlife habitat by providing habitat security, connectivity, and rare, special and declining habitats such as old growth. As Roadless Areas are evaluated for future resource potential, the Forest Service should consider designating most or all of the existing Inventoried Roadless Areas for land use allocations that can enhance wildlife habitat and connectivity.
The proposed plan’s identification of five management areas requires refinement. The current reduction in the number of management areas may be too extreme, and additional management areas are necessary to better distinguish between differing management strategies and clarify the intent of expected management. Plan Components should ensure species habitat recovery goals, accommodate wildlife security needs, address habitat connectivity at different scales, and manage vegetation to support species of conservation concern and special habitats.
Navigating the Path Ahead
Overall, MWF appreciates many aspects of the Proposed Action, especially the recommended Wilderness areas, the use of Geographic Areas, and the helpful User’s Guide. However, we feel that the plan could be improved by focusing more on connectivity between habitats, using special designations for untouched areas to protect them better, and adding more management areas to clarify how different parts of the forest will be managed. We also suggest customizing the management plan to suit the unique features of each Geographic Area.
Jeff Lukas is a passionate conservationist who has been fishing and hunting his entire life. Whether it’s floating a small stream chasing trout, pursuing elk in the high country, or waiting in a blind for ducks to set their wings, Jeff is always trying to bring more people afield to show them what we are trying to protect. He loves being in the arena, and he will never shy away from conversations about the beautiful and unique corners of Big Sky country.