The USDA Forest Service has issued a revised notice for a critical Environmental Impact Statement (EIS) concerning oil and gas leasing availability on the National Forests and Grasslands in Texas (NFGT). This action re-initiates a process first announced in 2019, reflecting significant shifts in project leadership and scope. The USDA Natural Resources and Environment (NRE) Under Secretary now proposes to prepare the EIS and issue the final project decision, aiming to determine which federal lands within the NFGT should be available for future oil and gas leasing, what stipulations should apply, and whether the existing 1996 NFGT Revised Land and Resource Management Plan requires amendment.
Evolving Mandates and Environmental Context
The initial 2019 notice (84 FR 44843) was part of a broader forest plan revision effort. However, the current re-initiation addresses updated needs, a different relationship to the forest plan, and a new responsible official. This EIS is a direct response to federal mandates such as the Mineral Leasing Act of 1920, the Mineral Leasing Act for Acquired Lands of 1947, the Mining and Minerals Policy Act of 1970, the Energy Security Act of 1980, and the Federal Onshore Oil and Gas Leasing Reform Act of 1987. These laws generally require that National Forest System lands be made available for oil and gas leasing unless closures are necessary to protect sensitive resources. The project seeks to comply with these congressional directives.
A central rationale for this revised analysis stems from advancements in technology and environmental changes that have occurred since the 1996 forest plan was established. The most recent leasing availability analysis was integrated into that plan. However, new information regarding natural resource conditions, oil and gas extraction technologies, and evolving agency priorities necessitates a fresh evaluation to ensure compliance with the forest plan, other laws, and regulations. This re-evaluation is also crucial for determining appropriate lease stipulations to safeguard natural resources.
The Scope of the Proposed Action
Under the proposed action, the Forest Service, acting on behalf of the Under Secretary, will identify NFGT administered lands available for future oil and gas leasing. It will also specify which stipulations would be applied to protect resources on these lands and determine if the 1996 NFGT forest plan should be amended to accommodate these changes. It is important to note that this analysis will not affect current valid leases, their terms, conditions, or stipulations, nor will it impact the exercising of reserved and outstanding mineral rights on National Forest System lands. The proposed changes apply exclusively to new leases for federal minerals that may be issued.
The decision area encompasses approximately 500,000 acres of NFGT lands where the Forest Service manages the surface, and the underlying mineral estate is federally managed by the United States Department of Interior Bureau of Land Management (BLM). This process is aligned with the objectives of Executive Order 14154, attributed to President Trump, which promotes the responsible development of domestic energy resources, and Executive Order 14156, also attributed to President Trump, which addresses the national energy emergency through strategic land use planning and resource management.
Key Proposed Changes in Stipulations
Several specific elements are included in the proposed action to clarify management directions and ensure resource protection:
- Existing management will maintain 38,300 acres as closed for congressionally-designated wilderness areas.
- The proposed action would convert Controlled Surface Use (CSU) stipulations to No Surface Occupancy (NSO) stipulations for natural heritage botanical areas and reservoirs on the NFGT. This change would decrease CSU acres from approximately 73,100 to 63,100 acres and increase NSO acres from approximately 11,100 to 28,000 acres.
- The current turkey nesting Timing Limitation (TL) stipulation would be removed.
- New NSO stipulations would be added to protect natural heritage botanical areas, special status species, unique prairie vegetation communities, inclusional wetlands, sensitive aquatic areas, natural springs, and steep slopes.
- Site-specific surveys would be required for several NSO and CSU stipulations to identify areas where they apply, including red-cockaded woodpecker (RCW) cavity trees, cluster sites, and foraging habitat within Management Area 2, which covers about 226,700 acres. Surveys are also needed for 100-year floodplains and intermittent and perennial waterways.
- Existing NSO and CSU stipulations related to erodible soils, flood control structures, Research Natural Areas, developed recreation sites, scenic areas, and Lake Conroe would be updated to improve their implementability.
- New stipulations addressing invasive plants, restoration seed mixes, and soil stability associated with well pad construction would also be incorporated.
Alternatives and Issues Under Analysis
The Forest Service plans to analyze three primary alternatives: the No Action Alternative (representing existing oil and gas leasing), the Proposed Action Alternative, and a No Leasing Alternative, which would administratively close all lands to future leasing. Additional alternatives may be developed based on public input during the scoping process, particularly those focused on modifying stipulations to enhance resource protection in alignment with forest plan direction and other laws.
Preliminary issues identified for analysis in the EIS include a wide range of potential impacts:
- Effects on air quality, especially in nonattainment areas.
- Impacts on greenhouse gas emissions.
- Consequences for surface and subsurface water quantity and quality, including public water supplies.
- Erosion and sediment transport from well pads and steep slopes into aquatic systems.
- Spread of noxious and invasive weeds.
- Impacts on rare plants and ecosystems.
- Fragmentation or disturbance of wildlife corridors, critical habitats, and sensitive wildlife habitats.
- Effects on threatened and endangered species such as the red-cockaded woodpecker and Louisiana pine snake.
- Impacts on prescribed rangeland conservation burning and reforestation management.
- Traffic, noise, light pollution, and visual impacts on local residents, visitors, and forest users.
- Impacts on royalty payments to counties.
- Effects on special designations and wilderness character.
- Impacts on recreationists and loss of recreational opportunities.
- Impacts on geologic features, including salt domes, and potential for induced seismicity.
Public Engagement and Decision Process
The project re-initiates the National Environmental Policy Act (NEPA) timeline. A previous scoping period in 2019 generated feedback from various stakeholders, including federal, state, and local agencies, elected officials, Native American tribes, special interest groups, and concerned citizens. These comments will be considered in the EIS development. This notice provides an additional opportunity for public comments, specifically requesting input on potential alternatives, impacts, and any relevant studies. Written comments must be submitted by April 28, 2026, to ensure inclusion in the analysis.
The resulting consent decision will identify lands as open to leasing, but it does not commit the BLM to future leasing actions. When lands identified as available are scheduled for leasing, the Forest Service will review them for consistency with the consent decision. Notably, because the USDA Under Secretary for NRE is the responsible official for this project, the decision is not subject to the objection process outlined in 36 CFR 219 Subpart B. This means the Under Secretary's decision constitutes the final administrative determination for the U.S. Department of Agriculture.
The USDA Forest Service, National Forests and Grasslands in Texas, serves as the lead agency, with the USDI Bureau of Land Management, New Mexico State Office, acting as a cooperating agency. Michael Boren, USDA Under Secretary for Natural Resources and Environment, is designated as the responsible official.
