81_FR_56737 81 FR 56575 - Management of Non-Federal Oil and Gas Rights

81 FR 56575 - Management of Non-Federal Oil and Gas Rights

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 162 (August 22, 2016)

Page Range56575-56576
FR Document2016-19519

We, the U.S. Fish and Wildlife Service (Service), make available the final environmental impact statement (EIS) on regulations governing the exercise of non-Federal oil and gas rights outside of Alaska in order to improve our ability to protect refuge resources, visitors, and the general public's health and safety from potential impacts associated with non-Federal oil and gas operations located within refuges.

Federal Register, Volume 81 Issue 162 (Monday, August 22, 2016)
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Proposed Rules]
[Pages 56575-56576]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19519]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 28 and 29

[Docket No. FWS-HQ-NWRS-2012-0086; FXRS12610900000-167-FF09R24000]
RIN 1018-AX36


Management of Non-Federal Oil and Gas Rights

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; availability of Final Environmental Impact 
Statement.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), make 
available the final environmental impact statement (EIS) on regulations 
governing the exercise of non-Federal oil and gas rights outside of 
Alaska in order to improve our ability to protect refuge resources, 
visitors, and the general public's health and safety from potential 
impacts associated with non-Federal oil and gas operations located 
within refuges.

DATES: The Service will execute a Record of Decision no sooner than 30 
days from the date of publication of the notice of availability of the 
FEIS by the Environmental Protection Agency.

ADDRESSES: Copies of the FEIS will be available for public review at 
http://www.fws.gov/refuges/oil-and-gas/rulemaking.html and at 
www.regulations.gov at Docket No. FWS-HQ-NWRS-2012-0086.

FOR FURTHER INFORMATION CONTACT: Scott Covington, U.S. Fish and 
Wildlife Service, Division of Natural Resources and Planning, MS: NWRS, 
5275 Leesburg Pike, Falls Church, Virginia 22041; telephone 703-358-
2427. If you use a telecommunications device for the deaf (TDD), call 
the Federal Information Relay Service (FIRS) at 800-877-8339. Further 
contact information can be found at http://www.fws.gov/refuges/oil-and-gas/rulemaking.html.

SUPPLEMENTARY INFORMATION: Under the authority of the National 
Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) and the 
Department of the Interior regulations that implement NEPA (part 46 of 
title 43 of the Code of Federal Regulations) and the National Wildlife 
Refuge System Administration Act, as amended by the National Wildlife 
Refuge System Improvement Act (16 U.S.C. 668dd et seq.), we issue this 
supplementary document. The Environmental Protection Agency will 
publish similar notification of this action in the Federal Register.

Background

    On February 24, 2014, we issued an advance notice of proposed 
rulemaking (ANPR) (79 FR 10080) to assist us in developing a proposed 
rule on managing activities associated with non-Federal oil and gas 
development on lands and waters of the National Wildlife Refuge System 
(NWRS). Non-Federal oil and gas development refers to oil and gas 
activities associated with any private, state, or tribally owned 
mineral interest where the surface estate is administered by the 
Service as part of the Refuge System. The ANPR had a 60-day comment 
period, ending April 25, 2014. On June 9, 2014, we reopened the comment 
period for another 30 days, ending July 9, 2014 (79 FR 32903). The ANPR 
requested the public to focus their comments on seven topics identified 
as major areas of concern: (1) Plans of Operations and Special Use 
Permits; (2) Operating Standards; (3) Financial Assurances; (4) Access 
Fees; (5) Noncompliance; (6) Existing Operations; and (7) Impacts from 
the Proposed Rulemaking.
    We published a proposed rule on December 11, 2015 (80 FR 77200), to 
revise the regulations governing the exercise of non-Federal oil and 
gas rights located within NWRS units, and we announced the availability 
of a draft EIS. The comment period closed February 9, 2016. We now 
announce the availability of the FEIS.
    The FEIS evaluates the impacts of three alternatives, including the 
following alternative elements:
     Requirement that oil operators proposing new oil and gas 
development (e.g., drilling a well) obtain an operations permit.
     Requirement of financial assurance (bonding). Financial 
assurance would be equal to the reasonable estimated cost of site 
reclamation.
     Requirement that all operations, regardless of status, 
obtain a reclamation permit (including bonding) once that operation 
ceases to be economically productive.
     Improving enforcement authority by assimilating State oil 
and gas laws and regulations. Law enforcement staff would have 
authority to write citations for noncompliance with State regulations, 
primarily State regulations addressing surface impacts.

[[Page 56576]]

     Clarifying our authority to permit an operator access on 
NWRS units outside the boundary of an operator's mineral right.
     Clarifying the regulations to make it easier to identify 
an operator's information requirements and operating standards that 
apply to each type of operation.

    Dated: July 29, 2016.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-19519 Filed 8-19-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                                      Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules                                           56575

                                               oral statement he or she intends to make                  Issued in Washington, DC, on August 16,             Refuge System Administration Act, as
                                               at the proceeding. The notification                     2016.                                                 amended by the National Wildlife
                                               should identify the party the person                    Jamie Rennert,                                        Refuge System Improvement Act (16
                                               represents, the particular subject(s) the               Office Director, Office of Program Delivery.          U.S.C. 668dd et seq.), we issue this
                                               person plans to address, and the time                   [FR Doc. 2016–19910 Filed 8–19–16; 8:45 am]           supplementary document. The
                                               requested. The notification should also                 BILLING CODE 4910–06–P                                Environmental Protection Agency will
                                               provide the participant’s mailing                                                                             publish similar notification of this
                                               address and other contact information.                                                                        action in the Federal Register.
                                               FRA reserves the right to limit                         DEPARTMENT OF THE INTERIOR                            Background
                                               participation in the hearing of persons                                                                          On February 24, 2014, we issued an
                                               who fail to provide such notification.                  Fish and Wildlife Service
                                                                                                                                                             advance notice of proposed rulemaking
                                               FRA also reserves the right to limit the                                                                      (ANPR) (79 FR 10080) to assist us in
                                               duration of presentations if necessary to               50 CFR Parts 28 and 29
                                                                                                                                                             developing a proposed rule on
                                               afford all persons with the opportunity                 [Docket No. FWS–HQ–NWRS–2012–0086;                    managing activities associated with non-
                                               to speak. For information on facilities or              FXRS12610900000–167–FF09R24000]                       Federal oil and gas development on
                                               services for persons with disabilities, or              RIN 1018–AX36                                         lands and waters of the National
                                               to request special assistance at the                                                                          Wildlife Refuge System (NWRS). Non-
                                               hearing, contact FRA Program Analyst,                   Management of Non-Federal Oil and                     Federal oil and gas development refers
                                               Mr. Kenton Kilgore, by telephone,                       Gas Rights                                            to oil and gas activities associated with
                                               email, or in writing, at least at least 5                                                                     any private, state, or tribally owned
                                                                                                       AGENCY:   Fish and Wildlife Service,                  mineral interest where the surface estate
                                               working days before the date of the
                                                                                                       Interior.                                             is administered by the Service as part of
                                               hearing. Mr. Kilgore can be reached at
                                                                                                       ACTION: Proposed rule; availability of                the Refuge System. The ANPR had a 60-
                                               Federal Railroad Administration, Office
                                                                                                       Final Environmental Impact Statement.                 day comment period, ending April 25,
                                               of Railroad Safety, Mail Stop 25, 1200
                                               New Jersey Avenue SE., Washington,                                                                            2014. On June 9, 2014, we reopened the
                                                                                                       SUMMARY:   We, the U.S. Fish and
                                               DC 20590; (202) 493–6286; or                                                                                  comment period for another 30 days,
                                                                                                       Wildlife Service (Service), make
                                               Kenton.Kilgore@dot.gov.                                                                                       ending July 9, 2014 (79 FR 32903). The
                                                                                                       available the final environmental impact
                                                                                                                                                             ANPR requested the public to focus
                                                  Extension of Comment Period. The                     statement (EIS) on regulations governing
                                                                                                                                                             their comments on seven topics
                                               comment period for the NPRM is                          the exercise of non-Federal oil and gas
                                                                                                                                                             identified as major areas of concern: (1)
                                               currently open through August 22, 2016.                 rights outside of Alaska in order to
                                                                                                                                                             Plans of Operations and Special Use
                                               To accommodate the public hearing and                   improve our ability to protect refuge
                                                                                                                                                             Permits; (2) Operating Standards; (3)
                                               afford interested parties the opportunity               resources, visitors, and the general
                                                                                                                                                             Financial Assurances; (4) Access Fees;
                                               to submit comments in response to                       public’s health and safety from potential
                                                                                                                                                             (5) Noncompliance; (6) Existing
                                               views or information provided at the                    impacts associated with non-Federal oil
                                                                                                                                                             Operations; and (7) Impacts from the
                                                                                                       and gas operations located within
                                               public hearing, FRA will extend the                                                                           Proposed Rulemaking.
                                                                                                       refuges.                                                 We published a proposed rule on
                                               comment period. FRA must receive
                                               comments in response to views or                        DATES:  The Service will execute a                    December 11, 2015 (80 FR 77200), to
                                               information provided at the public                      Record of Decision no sooner than 30                  revise the regulations governing the
                                               hearing by October 7, 2016.                             days from the date of publication of the              exercise of non-Federal oil and gas
                                                                                                       notice of availability of the FEIS by the             rights located within NWRS units, and
                                               Privacy Act                                             Environmental Protection Agency.                      we announced the availability of a draft
                                                                                                       ADDRESSES: Copies of the FEIS will be                 EIS. The comment period closed
                                                 Anyone can search the electronic
                                                                                                       available for public review at http://                February 9, 2016. We now announce the
                                               form of any written communications                                                                            availability of the FEIS.
                                               and comments received into any of our                   www.fws.gov/refuges/oil-and-gas/
                                                                                                       rulemaking.html and at                                   The FEIS evaluates the impacts of
                                               dockets by the name of the individual                                                                         three alternatives, including the
                                                                                                       www.regulations.gov at Docket No.
                                               submitting the comment (or signing the                                                                        following alternative elements:
                                                                                                       FWS–HQ–NWRS–2012–0086.
                                               document, if submitted on behalf of an                                                                           • Requirement that oil operators
                                               association, business, labor union, etc.).              FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             proposing new oil and gas development
                                               See http://www.regulations.gov/                         Scott Covington, U.S. Fish and Wildlife               (e.g., drilling a well) obtain an
                                               #!privacyNotice for the privacy notice of               Service, Division of Natural Resources                operations permit.
                                                                                                       and Planning, MS: NWRS, 5275                             • Requirement of financial assurance
                                               www.regulations.gov. Interested parties
                                                                                                       Leesburg Pike, Falls Church, Virginia                 (bonding). Financial assurance would be
                                               may also review DOT’s complete
                                                                                                       22041; telephone 703–358–2427. If you                 equal to the reasonable estimated cost of
                                               Privacy Act Statement in the Federal                    use a telecommunications device for the
                                               Register published on April 11, 2000                                                                          site reclamation.
                                                                                                       deaf (TDD), call the Federal Information                 • Requirement that all operations,
                                               (65 FR 19477). Under 5 U.S.C. 553(c),                   Relay Service (FIRS) at 800–877–8339.
                                               DOT solicits comments from the public                                                                         regardless of status, obtain a reclamation
                                                                                                       Further contact information can be                    permit (including bonding) once that
                                               to better inform its rulemaking process.                found at http://www.fws.gov/refuges/oil-              operation ceases to be economically
                                               DOT posts these comments, without                       and-gas/rulemaking.html.                              productive.
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                                               edit, including any personal information                SUPPLEMENTARY INFORMATION: Under the                     • Improving enforcement authority by
                                               the commenter provides, to                              authority of the National Environmental               assimilating State oil and gas laws and
                                               www.regulations.gov, as described in                    Policy Act (NEPA) (42 U.S.C. 4321 et                  regulations. Law enforcement staff
                                               the system of records notice (DOT/ALL–                  seq.) and the Department of the Interior              would have authority to write citations
                                               14 FDMS), which can be reviewed at                      regulations that implement NEPA (part                 for noncompliance with State
                                               www.dot.gov/privacy.                                    46 of title 43 of the Code of Federal                 regulations, primarily State regulations
                                                                                                       Regulations) and the National Wildlife                addressing surface impacts.


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                                               56576                  Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules

                                                 • Clarifying our authority to permit                    • Clarifying the regulations to make it               Dated: July 29, 2016.
                                               an operator access on NWRS units                        easier to identify an operator’s                      Michael J. Bean,
                                               outside the boundary of an operator’s                   information requirements and operating                Principal Deputy Assistant Secretary for Fish
                                               mineral right.                                          standards that apply to each type of                  and Wildlife and Parks.
                                                                                                       operation.                                            [FR Doc. 2016–19519 Filed 8–19–16; 8:45 am]
                                                                                                                                                             BILLING CODE 4333–15–P
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Document Created: 2018-02-09 11:38:20
Document Modified: 2018-02-09 11:38:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; availability of Final Environmental Impact Statement.
DatesThe Service will execute a Record of Decision no sooner than 30 days from the date of publication of the notice of availability of the FEIS by the Environmental Protection Agency.
ContactScott Covington, U.S. Fish and Wildlife Service, Division of Natural Resources and Planning, MS: NWRS, 5275 Leesburg Pike, Falls Church, Virginia 22041; telephone 703-358- 2427. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339. Further contact information can be found at http://www.fws.gov/refuges/oil-and- gas/rulemaking.html.
FR Citation81 FR 56575 
RIN Number1018-AX36
CFR Citation50 CFR 28
50 CFR 29

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