BLM Announces Actions to Improve Mine Permitting

By Jim P. Allen, Michael C. Ford, Lucas J. Narducci, and Sukhmani K. Singh

The Bureau of Land Management (BLM) has recently introduced a significant policy shift aimed at streamlining the permitting process for mineral projects on public lands.¹ With the launch of the new “pre-plan coordination” approach, the BLM seeks to reduce review timelines while maintaining robust environmental and public engagement standards. This initiative aligns with best practices endorsed by the Federal Permitting Improvement Steering Council.²

BLM’s newly issued Instruction Memorandum (IM)³ encourages mining operators to engage in early discussions with regulatory agencies before formally submitting plans of operations or modifications. This pre-submittal process allows operators to: (1) identify potential conflicts and address them proactively, (2) clarify information needed for National Environmental Policy Act (NEPA) analyses, and (3) establish project timelines and expectations for environmental review requirements. This approach is designed to expedite the permitting process by fostering collaboration between applicants, the BLM, state and local governments, and Tribal representatives. Importantly, all discussions during this stage are preliminary and non-binding, ensuring flexibility as the project develops.

To guide operators through this process, BLM has included several attachments in its IM. The first attachment outlines recommended steps and key information to provide early in the process.⁴ The second highlights successful state-federal agreements, particularly the Nevada model, to illustrate how agencies can coordinate their permitting roles.⁵ And, the third attachment offers a template for a project-specific memorandum of understanding (MOU) to delineate roles and responsibilities among agencies and operators, ensuring smooth conflict resolution.⁶

BLM has emphasized that pre-plan submittal meetings are voluntary but highly encouraged. These meetings aim to shorten review times, improve interagency collaboration, and provide mining operators with guidance on plan requirements before formal submission.⁷ Alongside the pre-plan coordination policy, BLM has finalized a set of Mining Performance Metrics designed to measure the efficiency and effectiveness of the permitting process.⁸ These metrics were developed in response to directives from the Bipartisan Infrastructure Law. Some key Performance Metrics include: (1) the percentage of operators participating in pre-plan coordination, (2) tracking of milestone completion rates during the permitting process, (3) median time required to complete NEPA reviews, and (4) documentation of public meetings and stakeholder engagement efforts.

The National Mining Association (NMA) have expressed concerns about the lack of clear accountability measures. Stakeholders have called for enhanced transparency in tracking interagency conflicts and significant permitting controversies — issues that BLM has declined to incorporate into its final metrics.

Additionally, BLM has outlined processes for Federal-State agreements under 43 CFR § 3809.200, emphasizing the role of memorandums of understanding (MOUs) to improve coordination.⁹ These agreements are meant to align state and federal agencies in the review and permitting process, ensuring that parallel approvals can occur efficiently. The agency encourages its State Offices to implement state-specific guidance to further refine these processes.

The introduction of pre-plan coordination and Performance Metrics marks an important step toward improving the efficiency of mining project permitting on federal lands. By fostering early collaboration and setting clear expectations, these policies aim to balance the need for responsible resource development with environmental protections and community engagement. For mining operators and industry professionals navigating these new policies, staying informed and engaged in regulatory discussions will be key to ensuring project success in this evolving landscape.