At issue are non-federal oil and gas rights within national park system units. According to the NPS, these arise where the United States does not own the oil and gas interest, either because:
- The United States acquired the property from a grantor that did not own the oil and gas interest; or
- The United States acquired the property from a grantor that reserved the oil and gas interest from the conveyance.
- Alibates Flint Quarries National Monument, Texas (5 operations)
- Aztec Ruins National Monument, New Mexico (4 operations)
- Big Cypress National Preserve, Florida (20 operations)
- Big Thicket National Preserve, Texas (39 operations)
- Big South Fork National River and Recreation Area, Tennessee/Kentucky (152 operations)
- Cumberland Gap National Historical Park, Tennessee (2 operations)
- Cuyahoga Valley National Park, Ohio (90 operations)
- Gauley River National Recreation Area, West Virginia (28 operations)
- Lake Meredith National Recreation Area, Texas (174 operations)
- New River Gorge National River, West Virginia (1 operation)
- Obed Wild and Scenic River, Tennessee (5 operations)
- Padre Island National Seashore, Texas (14 operations)
While the NPS promulgated regulations in 1978 governing the exercise of non-federal oil and gas rights, it had not updated these rules since then. The final rule issued in November 2016 thus represents the first change in over 37 years. Its changes include a broadening of scope, to cover all non-federal oil and gas operations within the boundary of a system unit outside of Alaska.
This rule is effective December 5, 2016.