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Concurrent Resolution Regarding Permitting of Oil, Gas, and Mining
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ronald M. Winterton
House Sponsor: Carl R. Albrecht
LONG TITLE
General Description:
This resolution supports the effort to formalize a cooperative agreement with the Bureau of
Land Management (BLM) to enhance the efficiency of the permit review process for oil, gas,
and mining operations on BLM lands.
Highlighted Provisions:
This resolution:
discusses the intent to enter into and the benefits of an agreement with the BLM;
supports the drafting of an agreement to formalize an enhanced cooperative and
consultative relationship with the BLM;
affirms the authority for the BLM to enter into such an agreement;
urges the Division of Oil, Gas, and Mining to immediately initiate negotiations with the
BLM to formalize an agreement;
recognizes benefits of an agreement; and
recognizes that the final agreement must explicitly state that the Secretary of the Interior
or the authorized officer of the BLM retains the ultimate, non-delegable authority and
final decision-making authority over the issuance of federal leases and permits.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
WHEREAS, because delays in permitting on Bureau of Land Management land are
impacting resource development in the state, a resource-sharing focused cooperative
agreement with duel opt out (BLM agreement) would allow a streamlined application and
approval process for operators and significantly reduce permitting time frames without
compromising compliance with existing law;
WHEREAS, a combined permitting process between the state and the United States
Department of the Interior, Bureau of Land Management (BLM) would include permits for oil,
gas, and mining activities in the state;
WHEREAS, the Division of Oil, Gas, and Mining within the state's Department of Natural
Resources intends to formalize a cooperative and consultative agreement with the BLM
regarding oil, gas, and mining permits;
WHEREAS, this agreement is outlined in a Letter of Intent seeking to establish the
foundation for a subsequent BLM agreement allowing the state to review and approve or
acknowledge federal oil, gas, and mining permits on BLM land;
WHEREAS, the BLM agreement seeks to expand the state's role to include aspects of the
permit approval review process for oil, gas, and mining operations, where both a Division of
Oil, Gas, and Mining and a BLM permit is required, because coordinated review aids in future
inspection and enforcement efficiency;
WHEREAS, the state is seeking an expedited review, analysis, and recommendation role,
that could include the state taking the lead on the technical review of an Application for Permit
to Drill;
WHEREAS, the statutory basis for cooperation includes leveraging the model for
delegation of inspection and enforcement authority found in the Federal Oil and Gas Royalty
Management Act of 1982;
WHEREAS, the BLM has broad authority to cooperate with states under fundamental land
management laws, such as the Federal Land Policy and Management Act of 1976, which
mandates that BLM Resource Management Plans be consistent with state and local plans to the
maximum extent possible;
WHEREAS, Utah's regulatory agencies, specifically the Division of Oil, Gas, and Mining,
possess specialized local expertise in the state's geology, resource issues, and surface
reclamation requirements;
WHEREAS, the enhanced cooperation is anticipated to benefit the BLM by improving
efficiency, reducing redundancy, and strengthening the local knowledge base for permit
decisions;
WHEREAS, the state's review and sign-off on technical aspects of permit applications will
save significant BLM staff time on technical review; and
WHEREAS, it is understood that the BLM retains the final decision-making authority for
all permitting actions, and the BLM agreement cannot transfer final permit authority to the
state:
NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
Governor concurring therein:
(1) supports the state's commitment to drafting a comprehensive BLM agreement based on
these principles and affirms the intent to formalize an enhanced cooperative and consultative
relationship with the BLM;
(2) affirms that the authority for the Department of the Interior, BLM to enter into a BLM
agreement stems from the existing authority for delegation of inspection and enforcement
duties and general cooperation and coordinating agreements;
(3) urges the Division of Oil, Gas, and Mining to immediately initiate negotiations with the
United States Department of the Interior and BLM to formalize this cooperative and
consultative agreement;
(4) recognizes that using the specialized local expertise of the state's regulatory agencies,
specifically the Division of Oil, Gas, and Mining, will improve efficiency and the defensibility
of permit decisions; and
(5) recognizes that the final BLM agreement must explicitly state that the Secretary of the
Interior or the authorized officer of the BLM retains the ultimate, non-delegable authority and
final decision-making authority over the issuance of federal leases and permits.
BE IT FURTHER RESOLVED that the Legislature directs that copies of this resolution be
sent to the Secretary of the Interior, the director of the BLM, the Majority and Minority Leader
of the United States Senate, the Speaker and Minority Leader of the United States House of
Representatives, and the members of Utah's congressional delegation.
2-13-26 12:55 PM