Proposed Rule Would Allow The U.S. Forest Service To Authorize Carbon Capture And Storage Beneath National Forest System Lands

On November 3, 2023, the United States Forest Service announced a proposed amendment to its special use regulations at 36 C.F.R. part 251 to allow the Forest Service to review and process applications for carbon capture and storage beneath National Forest System Lands.

The Forest Service's special use regulations set forth screening criteria that a proponent for a special use permit must meet. An existing screening criterion at 36 C.F.R. § 251.54(e)(1)(iv) does not allow the Forest Service to authorize exclusive and perpetual use and occupancy of National Forest System lands for any purpose. The proposed rule would create an express exception to this prohibition by stating that "the Forest Service may authorize exclusive and perpetual use and occupancy for carbon capture and storage in subsurface pore spaces."