Congress nullifies Biden-era regulations that blocked energy development in 3 resource-rich states

By EPN Staff

Congress recently rescinded Biden-era regulations restricting natural resource development in Alaska, Montana and North Dakota, unlocking access to key mineral and energy reserves on federal Bureau of Land Management (BLM) lands. 

By abrogating the Biden rules, BLM lands are once again open to coal, oil and gas development in Montana and North Dakota. 

In Alaska, Biden’s regulatory barriers had locked up millions of acres of public land in central Yukon from natural resource development and impeded the nationally significant Ambler Road Project. 

“With this resolution, we are restoring balance to federal land policy and ensuring that Alaska can responsibly contribute to America’s energy and mineral independence,” said Alaskan Republican Congressman Nick Begich. “Alaskans know how to balance stewardship and development.”

Why it matters

The newly rolled back regulations blocked new coal mine leasing on BLM land in the highly productive Powder River Basin in Montana.

In North Dakota, rules prohibited coal leasing on more than 4 million acres of federal land and oil and gas development on 213,000 acres of land. When former President Joe Biden issued the last-minute rules, state officials expressed frustration at the loss of potential revenue and jobs in these rural areas. 

Congressional cancellation of Biden rules in Alaska will unlock access to key reserves of copper, cobalt, gallium, germanium and other minerals in the Ambler Mining District. These minerals are essential for the domestic production of cars, electronics, traditional and renewable energy technologies and artificial intelligence. The regulations blocked construction of road access to the mines. 

The bigger picture 

Without barriers to development, the federal government has been holding coal lease sales on BLM lands in Montana and North Dakota. The agency intends to sell oil and gas leases early next year in these states. The leases will bring in millions of dollars in revenue while bringing jobs and economic activity to the area. 

Access to rich ore deposits in the Ambler Mining District is once again possible thanks to the congressional repeal of Biden rules and recent actions by the administration.

President Donald Trump ordered the approval of the Ambler Road project, a decision heralded by the state’s delegation. The road was approved during the first Trump administration but blocked by his successor. The road will connect the Alaska Pipeline Haul Road to the Ambler Mining District.

Additional details

On Sept. 3,  the House passed H.J. Res 104 rescinding a rule under Montana’s Miles City Field Office Resource Management Plan (RMP) to limit coal leasing. 

That same day, the chamber passed H.J. Res 105 which nullified the rule limiting the development of oil and gas and new coal leasing on BLM administered lands in North Dakota under the agency’s RMP. 

The House also passed H.J. Res. 106 to abrogate the Biden rule restricting resource development in the RMP for Alaska’s Central Yukon. 

The Senate passed all three joint resolutions on Oct. 8 and 10. 

Because Biden issued these restrictions late in his tenure, the Congressional Review Act allows Congress to rescind them with a simple majority vote in both houses and signature by the president. The bills were supported by representatives and senators from these states. They await the president’s signature.