The federal government owns onshore mineral resources, including oil and gas, under about 700 million acres of land. These resources are located below the surface land—known as the subsurface. While the federal government owns all or part of the mineral resources in the subsurface, it does not necessarily own the surface land. Of the 700 million acres of federal mineral resources, the surface and subsurface ownership on 57 million acres is “split” between private parties or state governments, which own the surface area, and the federal government, which owns the subsurface area—referred to as “split estate” land. The BLM manages the federal mineral resources contained in the subsurface of about 700 million acres. It also manages 261 million acres of the surface areas of the 700 million acres for such purposes as grazing, recreation, and timber harvesting. BLM, headed by the BLM director, manages public lands under its jurisdiction through 12 state offices, headed by state directors, with each state office having several subsidiary field offices, headed by field office managers. The balance of the federal surface land is managed by other federal agencies such as the Forest Service. Figure 1 shows the subsurface mineral resources managed by BLM, and surface managed by BLM, Forest Service, other federal agencies, or owned by private parties or state governments. The Forest Service and BLM both have roles in managing oil and gas resources on national forest system land. Although BLM has the major role in issuing oil and gas leases and permits on national forest system land, the Forest Service is responsible for determining what land is available for leasing and under what conditions. Once leases are issued, the Forest Service regulates all surface-disturbing activities conducted under the lease. The Forest Service manages its programs through nine regional offices, 155 national forests, 20 grasslands, and over 600 ranger districts (each forest has several districts). The Forest Service Chief oversees the agency, whereas regional foresters oversee regional offices, forest supervisors oversee national forests, and district rangers oversee district offices. BLM assists BIA in fulfilling the trust responsibilities of the United States by assisting Indian tribes and individual Native Americans in managing about 56 million acres of Indian land for oil and gas development. Indian land principally consists of lands within Indian reservations, lands owned by Indian tribes, and Indian allotments. BIA administers its programs through the BIA director, 12 regional offices, headed by regional directors, and over 80 agency offices, headed by agency superintendents. MMS manages oil and gas development for offshore mineral resources on the outer continental shelf through three administrative regions: Gulf of Mexico, Alaska, and Pacific. The MMS director heads the agency and regional managers head the regions. District offices support the regional offices and are headed by district managers. The federal outer continental shelf is an area extending from 3 to 9 nautical miles, depending on the location, to about 200 nautical miles off the United States coast. Over 610 million acres of the outer continental shelf is closed to future oil and gas development due to legislative and Presidential moratoria. Figure 2 shows MMS administrative regions and the areas open or closed to oil and gas development. Several statutes, including the National Environmental Policy Act (NEPA), and regulations govern oil and gas development on federal and Indian land. NEPA requires BLM, Forest Service, BIA, and MMS, and all other federal agencies, to assess and report on the likely environmental impacts of any land management activities they propose or approve that significantly affect environmental quality. Specifically, if a proposed activity, such as oil and gas development, is expected to significantly impact the environment, the agency is required to prepare an environmental impact statement. When an agency is not sure whether an activity will have significant impact on the environment, the agency prepares an intermediate-level analysis called an environmental assessment. If an environmental assessment determines that the activity will significantly affect the environment, the agency then prepares an environmental impact statement. Agencies also identify certain categories of actions that normally do not significantly impact the environment, and which are excluded from preparation of an environmental impact statement or environmental assessment—referred to as categorical exclusions. BLM, Forest Service, BIA, and MMS each have similar processes for managing oil and gas activity on land within their jurisdiction. Generally, these processes center around four stages—planning, exploration, leasing and operations. During the planning stage, agencies develop land-use plans, revisions, and amendments, delineating where and under what conditions oil and gas activities can take place on federal land managed by each agency. To develop land-use plans, agencies use a multistep process, which generally includes preparation of environmental analyses under NEPA. Once land-use plans allowing oil and gas activities are finalized, oil and gas development companies may perform exploration activities such as geophysical exploration. Geophysical exploration activities can occur before or after the leasing stage. Development companies must obtain approval from BLM for geophysical exploration on land managed by BLM and from the Forest Service on land managed by the Forest Service. BIA may approve permits and agreements between Indian tribes or individual Native Americans and oil and gas development companies for geophysical exploration on Indian land. MMS must approve exploration activity on the outer continental shelf. BLM and MMS have the primary role in the leasing stage of federal oil and gas resource development. After a land-use plan, revision or amendment is completed, development companies nominate land they are interested in leasing. Onshore and offshore leases are competitively bid on at lease sales held by BLM state offices and MMS regional offices several times throughout the year, if lands are available. BLM is required to post a lease sale notice containing land parcels available for lease at least 45 days before it holds a competitive lease sale; MMS posts a notice at least 30 days before the offshore lease sale. BLM issues leases for onshore land, and MMS issues offshore leases. Indian tribes have the option to negotiate oil and gas leases individually, or to hold competitive lease sales. BIA must approve oil and gas leases and negotiated agreements affecting Indian land. BLM and MMS have the primary role in managing drilling activity for federal oil and gas resources and the Forest Service regulates surface activities on national forest system land. Once BLM and MMS issue oil and gas leases, development companies must obtain approval for drilling operations. For onshore activity, development companies submit development plans and applications for drilling permits to BLM for approval. On national forest system land, the Forest Service must approve all surface-disturbing activities—called a surface-use plan— before BLM approves applications for drilling permits. BLM also approves applications for drilling permits on Indian land after consulting with BIA. For offshore development activity, MMS approves development plans and applications for drilling permits. Decisions by BLM, Forest Service, BIA, and MMS can be challenged during the four stages of oil and gas development—planning, exploration, leasing, and operations. However, each agency differs in how challenges can be made at the various stages. The public may pursue a number of avenues to challenge agency decisions, depending on the type and nature of the underlying decision. For example, BLM planning decisions can be protested to the BLM director prior to challenging the decision in federal court, while Forest Service planning decisions can be appealed to the next highest officer prior to any challenge of the decision that might be brought in federal court. Table 1 summarizes procedures for public challenges during each stage of oil and gas development. During each of the four stages of oil and gas development, the public can make one or more of the following types of challenges to BLM decisions: protests, requests for state director review, appeals, and litigation. Through protests and requests for state director review, challengers essentially ask BLM to reconsider a decision. An appeal is a request to the Interior Board of Land Appeals (IBLA)—a body of administrative judges within the Department of the Interior—to review a BLM decision. In this report we use the term “litigation” to mean a challenge to an agency or departmental decision that is brought in federal court. At the planning stage, the public can challenge BLM decisions through protests and litigation. Protests to land-use plans or their amendments or revisions are submitted to the BLM Director and must be filed within 30 days of the published a proposed land-use plan.The BLM director has no specific deadline to respond to protests; but must “promptly” provide a written decision with a statement of supportive reasons. The director’s decision cannot be appealed to IBLA, but can be challenged in federal court. The duration of a court case depends on the facts and circumstances of each case. The public can challenge agency decisions to approve geophysical exploration activities to IBLA and in federal court.Once a BLM field office issues a decision approving geophysical exploration activities, the public can appeal the decision to IBLA within 30 days or challenge the decision in federal court.Following approval, a development company can commence geophysical exploration activities unless the challenger asks IBLA to halt or “stay” the activities, or asks a federal court to issue an injunction prohibiting the activity, and IBLA or federal court grants the request. IBLA has 45 days following expiration of the 30-day appeal period to render a decision on a stay request. IBLA has no deadline to respond to appeals. IBLA decisions pertaining to geophysical exploration activities can be litigated in federal court. The duration of court cases and the length of any injunctions that may be issued depend on the facts and circumstances of each case. The public can challenge leasing decisions through protests, appeals to IBLA, and litigation. Challengers can protest the inclusion of individual land parcels in a lease sale; such protests must be filed with the relevant BLM State Director during the 45-day notice period that precedes the lease sale.