02.26.25

Hoeven Reintroduces BLM Mineral Spacing Act

Senator’s Bill Would Streamline Permitting, Better Respect Property Rights of Private Mineral Holders

WASHINGTON – Senator John Hoeven (R-N.D.) reintroduced the Bureau of Land Management (BLM) Mineral Spacing Act. The bill, which is cosponsored by Senators John Barrasso (R-Wyo.), Kevin Cramer (R-N.D.) and Steve Daines (R-Mont.), would streamline and improve the permitting process for energy development, remove duplicative regulations and better respect the rights of private mineral holders. Representative Stephanie Bice (R-Okla.) introduced companion legislation in the House of Representatives.

“As part of our efforts to make the U.S. energy dominant again, this legislation will empower the development of privately-held and state-owned energy resources, but which can’t currently be accessed due to federal bureaucratic hurdles,” said Senator Hoeven. “It makes no sense that the federal government can block development when it only has a minority share of minerals in a given formation and no surface acre rights. This enabled the Biden administration to lock away vast areas of non-federal minerals, particularly in split-estate areas like North Dakota. Our legislation corrects this issue, better enabling private individuals and states to exercise their property rights, while strengthening our nation’s energy security.”

“North Dakota energy producers know very well the challenges associated with developing state- and privately-owned minerals when they are intermingled with federal minerals,” said Senator Cramer. “This is a very common problem for us. This bill simplifies the bureaucratic headache by removing the requirement for federal permits when the federal government is not the majority mineral owner. It seems like a pretty basic fix, and it should be easy. Eliminating unnecessary hurdles for energy produced in North Dakota is a certainly a major step toward securing American energy dominance.”

“Washington’s disastrous permitting system has stifled American energy production for too long. We need to do everything we can to cut endless red-tape that delays important projects and slows energy production,” said Senator Barrasso. “Our legislation will remove burdensome regulations to the permitting process for oil and gas wells in Wyoming and across the West. With a more streamlined process we can unleash American energy and lower costs for all Americans.”

“Supporting made-in-Montana energy is one of my top priorities, and for too long our energy industry has been crippled by bureaucratic processes that hold back our oil and gas development,” said Senator Daines. “This bill will unleash American energy by slashing red tape restrictions and I’ll fight to get it across the finish line.” 

Specifically, the BLM Mineral Spacing Act: 

  • Removes the BLM permitting requirement in instances when:
    • Less than half of the subsurface minerals within a drilling spacing unit are owned by the federal government; and
    • The federal government does not own or lease any surface rights within the impacted area.
  • Allows the federal government to receive royalties from energy production within the particular drilling or spacing unit.
  • Subjects energy producers to all state laws, regulations and guidance governing energy activity in each relevant jurisdiction. 

“The North Dakota Petroleum Council commends Senator Hoeven’s efforts to bring a common-sense approach to permitting reform. In North Dakota, where surface and mineral rights are a patchwork of private, state, federal, and tribal ownership, it simply doesn’t make sense to require costly federal permits on lands where the federal government owns only a minimal percentage of the minerals. This unnecessary regulatory burden can result in costly delays and hinder the rights of private land and mineral owners. By streamlining permitting in commingled interests, it will reduce red tape, accelerate drilling and exploration, and provide a more efficient path forward for responsible energy development in North Dakota,” said Ron Ness, President, North Dakota Petroleum Council.

“I remain committed to cutting bureaucratic red tape for our energy producers, who have faced relentless attacks from the Biden Administration,” said Congresswoman Bice. “The BLM Mineral Spacing Act will streamline the permitting process, eliminate unnecessary regulations, and empower private mineral owners. By ensuring the BLM can better allocate its resources, we can strengthen domestic energy production and reinforce America’s role as a leader in affordable, reliable, and sustainable energy. I appreciate Senator Hoeven’s partnership on this critical issue.”

The legislation comes as part of Hoeven’s ongoing efforts to unlock the nation’s energy potential and passed out of the Senate Energy and Natural Resources Committee twice last Congress – first as a standalone bill and later as part of a larger bipartisan package. The senator continues working to rescind the Biden administration’s harmful Green New Deal agenda, including restrictions placed on developing taxpayer-owned energy resources and leasing on federal lands under policies such as:

  • The Public Lands Rule, which would overhaul the management of more than 245 million acres of taxpayer-owned lands and establish “conservation leases” to lock away federal lands.
  • The Resource Management Plan (RMP) for North Dakota, which closes off leasing to vast areas of potential federal oil and gas acreage and a majority of federal coal acreage in the state.

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