Wrong. Shell has / had permits for tests on BLM land. [If it really is "had" it is because they were working on refining their next application.] Other techniques may not be economic if we get the collapse in oil prices many are cheering for. Who wants to invest a billion or so in start up costs if oil really is a bubble?
Not all the area or the mineral rights are owned by the Feds. Some is privately owned ... some is owned by the States of Colorado, Utah and Wyoming.
The problem with oil shale is that the Shell technique is extremely capital intensive and has not been executed on an industrial scale. There is some sentiment that oil shale is the fuel of the future ... and always will be. This isn't my take on the situation, but if you are looking for a short term fix, look somewhere other than oil shale. If the Shell process works, it will still be a while and then don't expect the production rates to look like multiple Ghawars as some have implied based on the amount of kerogen in the Green River formation. It will take a lot of time and a lot of investment to coax the oil out of the rocks.
Non of the permits allow a commercial sized operation. It is only for pilot plant operations and the time for comment on the Environmental Impact Statement was extended, delaying the ability to get started.
http://ostseis.anl.gov/news/index.cfm