By Theresa Sauer and Jacob Everhart
This week, the Bureau of Land Management (“BLM”) published two direct final rules (“DFR”) to amend its regulations pertaining to minimum statewide bonding requirements, high pressure flare measurement and sampling requirements, and leak detection and repair (“LDAR”) reporting.
Bonding
On December 18, 2025, BLM published a DFR to amend its regulations pertaining to Federal Onshore Oil and Gas Statewide Bonds, to extend the deadline for increased statewide bonding requirements until June 22, 2027. 90 Fed. Reg. 59069.
For operators with a federal statewide bond of less than $500,000, this will extend the deadline to reach that minimum requirement until 2027, while BLM works to pursue a separate but related rulemaking addressing provisions in a 2024 Leasing Rule, 89 Fed. Reg. 30916. The 2024 Leasing Rule raised the minimum statewide bonding requirements from $25,000 to $500,000, and was to go into effect on June 22, 2026. This DFR will allow BLM time to ensure statewide bonding levels are set at an appropriate level.
Measurement and LDAR Reporting
On December 15, 2025, BLM published a DFR to amend its regulations pertaining to Waste Prevention, Production Subject to Royalties and Resource Conservation (the “Waste Prevention Rule”). 90 Fed. Reg. 57921.
The effect of the DFR is to extend the phase-in dates for both (1) the measurement and sampling requirements for high pressure flares, and (2) the submission of Leak Detection and Repair (“LDAR”) programs. The BLM is seeking to delay the requirements as part of a separate but related proposed rulemaking in the near term that could significantly change the timelines for the two requirements. The delay, if finalized, will provide operators with relief from the requirements while the BLM pursues forthcoming changes.
The DFR proposes extending the following enforcement deadlines as follows:
- 43 C.F.R. § 3179.71(f)—for monthly flaring volumes less than 6,000 Mcf and greater than or equal to 1,050 Mcf
- These regulations require operators to have measurement devices and sampling installed for flares with monthly volumes within the noted range by December 10, 2025.
- 43 C.F.R. § 3179.100(d)—submission of statewide LDAR program.
- This regulation requires operators on Federal or Indian leases to maintain and submit an “administrative statewide LDAR program” for applicable leases to the appropriate BLM state office(s).
- For leases that were in effect on June 10, 2024, § 3179.100(d) requires operators to submit the required LDAR program to the applicable BLM state office no later than December 10, 2025.
The DFR will extend the deadline to comply with these two requirements to December 10, 2026.
Notably, other compliance deadlines for high pressure flares with monthly flaring volumes greater than or equal to 6,000 Mcf and less than 30,000 Mcf (in effect since June 10, 2025), and flares with monthly flaring volumes greater than 30,000 Mcf (in effect since December 10, 2024) remain in effect. The DFR does not alter requirements of the Waste Prevention Rule, only these two compliance deadlines.
The DFR is broadly aligned with Executive Orders 14154, “Unleashing American Energy,” and 14156, “Declaring a National Energy Emergency,” which emphasize reducing regulatory burdens on domestic energy producers, streamlining compliance timelines to avoid unnecessary disruptions to operations, and encouraging capital investment in exploration and production by minimizing near-term financial strain.
The BLM is accepting comments on the DFR through January 14, 2026. Comments may be submitted under BLM Docket Number BLM-2025-0268. The DFR will take effect on February 13, 2026.
For more information on either provision, contact Theresa Sauer, Chris Colclasure, or Jacob Everhart.
