Frequently Asked Questions 
Supplemental Environmental Assessment for Oil and Gas Leasing within the Marietta Unit of the Wayne National Forest

Oil and Gas Leasing and Development on Federal Lands

What is a federal oil and gas lease?

A federal oil and gas lease is a legal contract that grants exclusive rights to the lessee to develop federally owned oil and gas resources. Until a drilling permit is issued, a lease does not authorize surface-disturbing activities or obligate the lessee to drill a well on the parcel in the future.

What are the roles of the BLM and Forest Service in oil and gas leasing? 

The BLM manages federal minerals under federally managed lands, in this case the minerals beneath the Marietta Unit of the Wayne National Forest, in Ohio. BLM and USDA Forest Service are directed to review, and when appropriate, lease and permit oil and gas development, as well as regulate surface-disturbing activities arising from such leasing as part of their land management missions. Under law, the BLM’s multiple-use mandate includes oil and gas leasing and development in balance with other uses and resource protection. The Forest Service facilitates access to and orderly development of federal oil and gas resources underlying National Forest System lands in an environmentally sound manner.

What is the process for leasing federal oil and gas minerals?

Leasing is the first step in the process to develop federal oil and gas resources. If a portion of the federal mineral estate is made available to potential oil and gas actions, anyone may nominate a parcel for leasing by submitting an Expression of Interest to the BLM. Once parcels are nominated, the BLM reviews each parcel to ensure that leasing conforms with applicable plans and policies and that proper stipulations are in place before conducting a competitive lease sale. This review includes an additional environmental analysis, with public involvement, to determine if, where, and with what stipulations and conditions to lease minerals. The BLM consults with the surface owner as part of the leasing process. For potential leasing involving National Forest System lands, the BLM requests consent to lease from the Forest Service as it is the surface-managing agency. The Forest Service provides or withholds consent based on the applicable forest plan and environmental review of the proposal. The Forest Service manages any surface-disturbing aspects of oil and gas leasing and operations on National Forest System land according to its regulations.

What happens when a lessee wants to develop oil and gas resources?

A permit is required to begin drilling. Before development operations can begin, an lessee must submit an Application for Permit to Drill detailing development plans to the BLM. Should the parcel be leased and a detailed plan for oil and gas development on the parcel be identified, the BLM and Forest Service would conduct a site-specific environmental analysis and coordinate with tribes, states and stakeholders prior to any ground disturbing activities.

What is fracking?

Hydraulic fracturing, also referred to as fracking, is a process used by the oil and gas industry to stimulate production from oil and gas wells. This practice has been used to stimulate oil and gas wells for several decades. More recently, the practice of high-volume hydraulic fracturing has been used to complete horizontal wells in the Marcellus and Utica Shales underlying parts of western Pennsylvania and West Virginia and southeastern Ohio.

Project History and Information

Where can I find more information about the project?

Project information, the supplemental environmental assessment, decision record, and other pertinent project information are available on the BLM National NEPA Register.

What has changed since 2016 regarding mineral ownership in the Wayne National Forest? 

Like the 2016 environmental assessment, this analysis considers the impacts of leasing and developing parcels within 40,000 acres beneath the Wayne National Forest, though it is expected that only a very small percentage of this acreage would ever be developed. These 40,000 acres encompass mineral resources that are currently federally managed and those presently in private ownership that will revert to federal ownership in accord with deed terms. “Reversionary” minerals occur when surface land is transferred to federal ownership before a subsequent mineral transfer, or where mineral interests are acquired later by the federal government. Once these minerals return to federal ownership, they may be made available for leasing. An estimate of these reversionary acres is part of the total acreage analyzed in the supplemental environmental assessment. If leasing requests exceeded certain thresholds identified in the EA, additional analysis under the National Environmental Policy Act would be needed.  

Can you tell me more about the litigation and court findings affecting this project? 

In 2017, the Center for Biological Diversity and other groups filed suit in U.S. District Court (court), alleging violations of National Environmental Policy Act, Administrative Procedure Act, and Endangered Species Act.  In 2020, the court found that the Forest Service and BLM failed to take a hard look at the impacts of high-volume hydraulic fracturing, also referred to as fracking, in the Wayne National Forest, including surface disturbance, cumulative impacts to the Little Muskingum River and the endangered Indiana bat, and impacts to air quality. In 2021, the court returned for further consideration the BLM’s 2016 environmental assessment and related Finding of No Significant Impact as well as the Forest Service’s consent to lease. While the court did not vacate the leases issued under the 2016 environmental assessment, it enjoined: (1) BLM from issuing any new applications for development of leases at issue in the case, (2) water withdrawals from the Little Muskingum River for any drilling that is occurring pursuant to the already approved drilling permit on the leased parcels, and (3) any further surface disturbing activities on the leased parcels, pending a new decision on remand. 

What is the status of the leases challenged by litigation?

In its 2021 remedy order, the court expressly declined to vacate the leases. Therefore, the leases remain in effect, although they are subject to certain use restrictions specified by the remedy order.

How many leases are affected by the court’s decision?

There are 65 leases affected by the court’s decision. A total of 36 leases were identified in the litigation. They resulted from the December 2016 and March 2017 leases sales. An additional 29 leases were issued as a result of the lease sales held between June 2017 and December 2019. While these leases were not specifically litigated, they were approved based on the 2016 environmental assessment that was found deficient.

What is the status of the Wayne National Forest’s Land and Resource Management Plan (Forest Plan)?  

The Wayne National Forest is managed under the FS 2006 Land and Resource Management Plan (Forest Plan). In April 2018, the forest initiated an assessment to determine whether to revise the Forest Plan. As a result of that assessment, the forest determined that the 2006 Forest Plan meets current management needs and objectives and made a decision not to revise the plan on January 27, 2021. 

Supplemental Environmental Assessment (EA)

What is the purpose of the supplemental EA? 

This evaluation augments an EA completed in 2016. In 2020, a federal district court found the 2016 EA to be deficient in evaluating the specific impacts of using hydraulic fracturing techniques, known as fracking, on federally-protected species, water resources, air quality, and surface disturbance. The supplemental EA reconsiders the existing leases and evaluates potential future leasing of parcels within 40,000 acres of federal minerals beneath the Marietta Unit of the Wayne National Forest.

What is the BLM’s decision associated with the supplemental EA?

The BLM is moving forward with the Proposed Action, which could authorize future competitive lease sales on parcels within 40,000 acres of federal oil and gas resources within the Marietta Unit of the Wayne National Forest. The BLM also affirms prior leasing decisions challenged in litigation and authorizes activities to 65 existing leases.

How did the BLM prepare the supplemental EA? 

The BLM, in close cooperation with Forest Service, developed a draft supplemental EA after extensively reviewing the litigation, court directions, and comments on the 2016 EA. The agencies also worked with a contractor to review all the existing documents and identify issues needing to be addressed. A review of current information on the area’s resources ensured the latest available information was incorporated into the EA. 

Does the supplemental EA cover the same geographic area evaluated in the 2016 EA?

Yes. The supplemental EA analyzes impacts of leasing parcels within the same 40,000 acres of oil and natural gas resources in the Marietta Unit of the Wayne National Forest. A map of the project area is available on the BLM National NEPA Register.

What is the Proposed Action that was analyzed? 

The Proposed Action supports the development of parcels within 40,000 acres of oil and natural gas resources beneath the Wayne National Forest that support the nation’s future needs for energy while minimizing adverse effects to natural and cultural resources. The supplemental EA addresses the issues identified by the court and enhances additional areas of analysis identified through internal BLM and Forest Service review of the 2016 EA. 

What is the No-Action Alternative that was analyzed?

Under the No-Action Alternative, the BLM would not make federal minerals in the Marietta Unit available for oil and gas leasing, including parcels currently nominated for leasing and all other federal minerals in the Marietta Unit.

Does the analysis use the 2020 Reasonably Foreseeable Development Scenario? 

Yes. In preparing the supplemental EA, the BLM utilized the Reasonably Foreseeable Development Scenario, completed in 2020, to support the since-paused Wayne National Forest Plan update. The BLM and Forest Service have reviewed this document and found that its assumptions remain valid, and it continues to provide a sound assessment of the mineral development potential in the area between 2020 to 2034.   

Does the June 2024 rule on the oil and gas leasing program affect this EA? 

The final Fluid Mineral Leases and Leasing Process Rule does not directly affect this EA. However, the rule does increase the revenues that the United States collects from oil and gas production on federal lands, and it raises minimum bond amounts to protect the federal lands that are used for oil and gas production.

For more information: Onshore Oil and Gas Leasing Rule

Public Involvement

Did the BLM seek public comments?  

Yes. The BLM released the draft supplemental EA released for public review and comment on Mar. 20, 2024. Public informational sessions were held Apr. 8 and 9, 2024. On Apr. 29, 2024, BLM announced a 10-day extension of the public comment period in response to several requests. The BLM received more than 260 unique comments, which are available on the BLM National NEPA Register.

What decisions does the BLM anticipate making based on this analysis? 

The BLM is directed to lease and permit oil and gas resources as part of its multiple-use, sustained yield mission. The decision if, where, and with what stipulations and conditions to lease minerals is dependent on environmental analysis. Under the court’s order, the BLM must further consider the leasing decisions made under the 2016 EA. The BLM used the supplemental EA in the reconsideration of those decisions. The BLM may also use this analysis for future leasing decisions if someone nominates a parcel by submitting an expression of interest and the Forest Service consents.  

What decisions does the Forest Service anticipate based on this analysis? 

The Forest Service will use this supplemental EA to reconsider its prior consent determinations, in accordance with 36 CFR 228.102(e), as well as any further leases.  

Other Relevant Information

How do oil and gas royalty payments to counties work? What about overall revenue from mineral leasing? 

All federal oil and gas royalty, rental fee, and bonus bid revenue is shared almost equally by the U.S. Treasury and the state where development occurred. States may share, at their discretion, a portion of revenues with local governments. The amount of annual revenue that federal mineral development provides to the U.S. Treasury is second only to that provided by the Internal Revenue Service. 

Where can I find additional information?

The EA and related documents are available on the BLM National NEPA Register.