83 FR 46458 - Oil and Gas Resources
DEPARTMENT OF AGRICULTURE
Forest Service Federal Register Volume 83, Issue 178 (September 13, 2018)
Forest Service
Federal Register Volume 83, Issue 178 (September 13, 2018)
| Page Range | 46458-46460 | |
| FR Document | 2018-19962 |
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)] [Proposed Rules] [Pages 46458-46460] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19962] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 228 RIN 0596-AD33 Oil and Gas Resources AGENCY: Forest Service, USDA. ACTION: Advance notice of proposed rulemaking; request for comment. ----------------------------------------------------------------------- SUMMARY: The United States Department of Agriculture (USDA), Forest Service is preparing to revise the contents of its Oil and Gas Resources regulations. This advance notice is intended to give the public the opportunity to comment on key issues regarding implementation of the existing regulations or to bring other issues of concern to the USDA Forest Service's attention. Comments will help [[Page 46459]] the USDA Forest Service determine the next steps in addressing the oil and gas regulations. The Office of Management and Budget has determined that this advance notice is significant under E.O. 12866. DATES: Comments must be received by October 15, 2018. ADDRESSES: Please submit comments via one of the following methods: 1. Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov/. In the Search box, enter FS-2018-0053 which is the docket number for this Advance Notice of Proposed Rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Notice link to locate this document. You may submit a comment by clicking on ``Comment Now!'' 2. Mail: Written comments should be addressed to USDA-Forest Service. Attn: Director-MGM Staff, 1617 Cole Boulevard, Building 17, Lakewood, CO 80401. We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us. FOR FURTHER INFORMATION CONTACT: Sherri Thompson at 303-275-5147 or by mail at 1617 Cole Boulevard, Building 17, Lakewood, CO 80401. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 10 a.m. and 7 p.m., Eastern Standard Time, Monday through Thursday. SUPPLEMENTARY INFORMATION: Background: The USDA Forest Service manages and protects 154 national forests, 20 grasslands and 1 prairie in 43 states and Puerto Rico. The agency's mission is to sustain the health, diversity, and productivity of the Nation's forests and grasslands to meet the needs of present and future generations. At the same time, Congress has long recognized the importance of the mineral resources located within the National Forest System and has repeatedly made special provision for the administration and development of these minerals. Congress passed the Mining and Mineral Policy Act of 1970 setting a national policy to foster private development of domestic mineral resouces to help assure the satisfaction of industrial, security, and environmental needs. It is in the national interest to promote clean and safe development of our Nation's vast energy resources, while at the same time avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation. Approximately 44 national forests or grasslands have ongoing federal oil and gas interest or operations. Pursuant to the Mineral Leasing Act, as amended by the Federal Onshore Oil and Gas Leasing Reform Act of 1987 (``Reform Act''), the Department of the Interior (through the Bureau of Land Management and regulations at 43 CFR part 3100) and the Department of Agriculture (through the USDA Forest Service and regulations at 36 CFR part 228, subpart E) exercise complementary regulatory authority over the development of federal oil and gas resources associated with National Forest System lands. While the Secretary of the Interior determines whether any oil and gas lease shall be issued and regulates all downhole operations through a post- leasing Application for Permit to Drill (APD), the Reform Act directs that on National Forest System lands reserved from the public domain: (1) No lease may be issued over the objection of the Secretary of Agriculture, and (2) no APD may be granted without the analysis and approval by the Secretary of Agriculture of a Surface Use Plan of Operations (SUPO) covering proposed surface-disturbing activities within the lease area. USDA Forest Service's issuance of a consent to lease is similarly required for acquired National Forest System lands pursuant to the Mineral Leasing Act for Acquired Lands of 1947. The regulations at 36 CFR 228, Subpart E establish uniform procedures addressing oil and gas leasing and operations across all National Forest System lands. Specific to oil and gas leasing, the Energy Policy Act of 2005 charged USDA Forest Service to ensure timely and coordinated action on leasing applications and expeditious compliance with environmental and cultural resource laws. Need for Rulemaking The USDA Forest Service is seeking public comment regarding updating, clarifying, and streamlining the regulations at 36 CFR 228 Subpart E--Oil and Gas Resources. The current regulations were promulgated in 1990 with a minor modification in 2007 to reflect revisions to Onshore Order No. 1,\1\ 42 CFR 3164.1. Updating the regulations will afford an opportunity to modernize and streamline analytical and procedural requirements. --------------------------------------------------------------------------- \1\ Onshore Order No. 1 was originally issued in 1983 to implement and supplement Bureau of Land Management's oil and gas regulations, 43 CFR 3160. It established the application requirements for the approval of proposed oil and gas and service wells, certain subsequent well operations and abandonment for operations on Federal oil and gas leases. One of the purposes of the Order as amended May 7, 2007, is to reflect the assignment of authority to the Secretary of Agriculture to approve and regulate the surface disturbing activity associated with oil and gas wells on National Forest System lands (1987 Federal Oil and Gas Leasing Reform Act). --------------------------------------------------------------------------- The USDA Forest Service examined the regulations as part of USDA's response to Executive Order 13212, ``Actions to Expedite Energy-Related Projects,'' Executive Order 13783, ``Promoting Energy Independence and Economic Growth,'' and Executive Order 13807, ``Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure.'' Several areas of the current regulations were identified where potential revisions may expedite energy-related projects by streamlining internal processes related to environmental review and permitting. Potential revisions may simplify the decision making process for oil and gas leasing, which would lead to quicker leasing decisions. The potential changes to the existing regulation permitting sections include eliminating language that is redundant with the NEPA process, removing confusing options, and ensuring better alignment with the BLM regulations. The intent of these potential changes would be to decrease permitting times by removing regulatory burdens that unnecessarily encumber energy production. These potential changes would promote domestic oil and gas production by allowing industry to begin production more quickly. The areas of the current regulations identified for potential changes are listed in the bullets in the next section of this announcement, entitled ``Comments Requested on Proposed Regulation Revision.'' Public input is requested as the USDA Forest Service seeks to identify opportunities to streamline the regulations to reduce burdens on the agency and applicants. A focus of the streamlining review is to simplify internal USDA Forest Service processing so that agency leasing reviews and Surface Use Plans of Operation portions of applications can be processed more efficiently. When the USDA Forest Service conducts a National Environmental Policy Act (NEPA) analysis before making an oil and gas leasing consent decision, the analysis frequently takes multiple years to be scheduled, funded, and [[Page 46460]] completed. Five to ten years is not an uncommon length of time for parties interested in leasing National Forest System lands to wait. In July 2017, the Bureau of Land Management compiled a list of Surface Use Plans of Operation (the surface use portion of an Application for Permit to Drill) awaiting USDA Forest Service processing. That list included 177 Surface Use Plans of Operation with an average pending time of 3.6 years. The Agency will continue to deliver scientifically-based, high- quality analysis to decision makers that honors its environmental stewardship responsibilities while maintaining robust public particiption. In addition, the USDA Forest Service plans to conduct staff training following the revision of the regulations to provide a more consistent approach to oil and gas management across the National Forest System. Comments Requested on Proposed Regulation Revision The current regulations can be found at https://www.thefederalregister.org/fdsys/pkg/CFR-2017-title36-vol2/pdf/CFR-2017-title36-vol2-part228-subpartE.pdf. The USDA Forest Service requests comments regarding revision of the following areas of the oil and gas regulations at 36 CFR part 228, subpart E:Streamlining and reforming the process used by the USDA Forest Service to identify National Forest System lands that the Bureau of Land Management may offer for oil and gas leasing; Updating regulatory provisions concerning lease stipulation waivers, exceptions and modifications; Clarifying procedures for review and approval of surface use plans of operations; Updating the language addressing the operator's responsibility to protect natural resources and the environment; Clarifying language regarding inspections and compliance; and Addressing geophysical/seismic operations associated with minerals related matters in a manner that mirrors the Bureau of Land Management (BLM) regulations. The changes listed here have the potential to decrease the burden on industry, thus promoting domestic energy production primarily by making the leasing decision process simpler, and by aligning the Forest Service process with the BLM so that operators have one simplified permitting system. National Environmental Policy Act This Advance Notice also serves as the USDA Forest Service's notice of intent to prepare an environmental assessment or environmental impact statement pursuant to the National Environmental Policy Act, and initiate the scoping process. The USDA Forest Service requests comments regarding any potential environmental effects of changes to the 36 CFR part 228, subpart E, regulations. Conclusion: The USDA Forest Service is considering how to best proceed with revisions to 36 CFR part 228, subpart E, addressing analysis and protection of the renewable surface resources of the National Forest System associated with development of oil and gas resources on National Forest System lands. Comments and information supplied in response to this Notice will help the USDA Forest Service determine the next steps in revising and analyzing the oil and gas regulations. Comments should provide enough detail and contain sufficient supporting information (e.g., citations to published studies and or data related to your comments) in order for the USDA Forest Service to understand the issues raised and give comments the fullest consideration. Regulatory Findings: This ANPR is not a regulatory action under Executive Order 13771. Dated: August 31, 2018. Victoria Christiansen, Interim Chief, USDA, Forest Service. [FR Doc. 2018-19962 Filed 9-12-18; 8:45 am] BILLING CODE 3411-15-P
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Agriculture. Do you agree with this 36 CFR part 228, subpart A, does not regulations governing substances that
approach? Also, please specify whether expressly permit the Forest Service to may be salable mineral materials rather
you think that such amendments to 36 delay the substance’s removal while the than locatable minerals, please describe
CFR part 228, subpart A, should treat Forest Service considers whether the the requirements and procedures that
locatable mineral operations conducted substance is a mineral material rather you think the Forest Service should
on segregated and withdrawn lands than a locatable mineral. adopt to help ensure that the public
identically or differently, and the c. The BLM’s regulations at 43 CFR interest and the Federal treasury are
reasons for your belief. 3809.101 establish special procedures protected by preventing mineral
e. If you do not agree that 36 CFR part applicable to substances that may be materials from being given away for free
228, subpart A, should be amended to salable mineral materials rather than contrary to 30 U.S.C. 602 which requires
increase consistency with the BLM’s locatable minerals. That section payment of their fair market value.
regulations governing operations on generally prohibits anyone from f. If you submitted a proposed plan of
segregated and withdrawn lands, please initiating operations for the substance operations under 36 CFR part 228,
describe the requirements and until the BLM has prepared a mineral subpart A, for what you thought was an
procedures that you think the Forest examination report evaluating this uncommon variety of sand, stone,
Service should adopt to govern locatable question. Prior to completion of the gravel, pumice, pumicite, cinders, and
mineral operations on National Forest report and any resulting contest clay, what issues or challenges did you
System lands segregated or withdrawn proceedings, the BLM will allow notice- encounter in obtaining, or attempting to
from appropriation under the mining level operations or approve a plan of obtain, Forest Service approval of that
laws? operations when (1) the operations’ plan?
(8) Procedures for Minerals or purpose is either sampling to confirm or
Materials that May Be Salable Mineral corroborate existing mineral exposures National Environmental Policy Act
Materials, Not Locatable Minerals. physically disclosed on the mining This advance notice also serves as the
a. Effective July 24, 1955 in claim or complying with assessment USDA Forest Service’s notice of intent
accordance with 30 U.S.C. 601, 611, work requirements, or (2) the operator to prepare an environmental assessment
mineral materials, including but not establishes an acceptable escrow or environmental impact statement
limited to common varieties of sand, account and deposits the appraised pursuant to the National Environmental
stone, gravel, pumice, pumicite, cinders, value of the substance in that account Policy Act and initiates the scoping
and clay found on National Forest under a payment schedule approved by process for that document. The USDA
System lands reserved from the public the agency. If the mineral examination Forest Service requests comments about
domain ceased being locatable under report concludes that the substance is the potential environmental effects of
the mining laws. Instead, the Forest salable rather than locatable, the BLM the propsective amendments to its
Service normally is required to sell will initiate contest proceedings with current regulations at 36 CFR part 228,
these substances, which are collectively respect to all mining claims on which subpart A, described in this advance
referred to as mineral materials, to the loctable mineral operations are notice.
highest qualified bidder after formal proposed unless the mining claimant Regulatory Findings: This advance
advertising pursuant to 30 U.S.C. 602 elects to relinquish those mining claims. notice is not a regulatory action under
and Forest Service regulations at 36 CFR Upon the relinquishment of all such Executive Order 13771.
part 228, subpart C (49 FR 29784, July mining claims or the U.S. Department of
24, 1984, as amended at 55 FR 51706, the Interior’s issuance of a final decision Dated: August 31, 2018.
Dec. 17, 1990). However, uncommon declaring those mining claims to be null Victoria Christiansen,
varieties of sand, stone, gravel, pumice, and void, the operator must complete Interim Chief, USDA, Forest Service.
pumicite, cinders, and clay found on required reclamation but must cease all [FR Doc. 2018–19961 Filed 9–12–18; 8:45 am]
National Forest System lands reserved other operations on the lands formerly BILLING CODE 3411–15–P
from the public domain continue to be subject to those mining claims.
locatable under the mining laws, 30 d. The Forest Service is contemplating
U.S.C. 611. amending 36 CFR part 228, subpart A, DEPARTMENT OF AGRICULTURE
b. When there is a question as to to increase consistency with the BLM’s
whether one of these minerals or regulations governing substances that Forest Service
materials is a common variety of that may be salable mineral materials rather
substance which is salable under the than locatable minerals. However, since 36 CFR Part 228
Materials Act of 1947, 30 U.S.C. 601–04, the authority to determine the validity
or an uncommon variety of that RIN 0596–AD33
of mining claims lies with the
substance which is subject to Department of the Interior, the Oil and Gas Resources
appropriation under the mining laws, 30 amendments would need to direct the
U.S.C. 611, Forest Service policy calls Forest Service to ask the BLM to initiate AGENCY: Forest Service, USDA.
for preparation of a mineral examination contest proceedings with respect to ACTION:Advance notice of proposed
report to evaluate this issue. Pending mining claims which the Forest Service rulemaking; request for comment.
resolution of the question as to whether thinks are based upon an improper
the mineral or material is subject to attempt to appropriate salable mineral SUMMARY: The United States Department
appropriation under the mining laws, materials under the mining laws—a of Agriculture (USDA), Forest Service is
daltland on DSKBBV9HB2PROD with PROPOSALS
the Forest Service encourages an process consistent with an existing preparing to revise the contents of its
operator seeking to remove it in agreement between the Department of Oil and Gas Resources regulations. This
accordance with 36 CFR part 228, the Interior and the Department of advance notice is intended to give the
subpart A, to establish an escrow Agriculture. Do you agree with this public the opportunity to comment on
account and deposit the appraised value approach? key issues regarding implementation of
of the substance in that account. But if e. If you do not agree that 36 CFR part the existing regulations or to bring other
the operator refuses to establish and 228, subpart A, should be amended to issues of concern to the USDA Forest
make payments to an escrow account, increase consistency with the BLM’s Service’s attention. Comments will help
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![46460 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules
completed. Five to ten years is not an related matters in a manner that mirrors ENVIRONMENTAL PROTECTION
uncommon length of time for parties the Bureau of Land Management (BLM) AGENCY
interested in leasing National Forest regulations.
System lands to wait. In July 2017, the The changes listed here have the 40 CFR Part 300
Bureau of Land Management compiled potential to decrease the burden on
a list of Surface Use Plans of Operation industry, thus promoting domestic [EPA–HQ–SFUND–1989–0007, EPA–HQ–
(the surface use portion of an energy production primarily by making OLEM–2018–0580, 0581, 0582, 0583, 0585,
Application for Permit to Drill) awaiting the leasing decision process simpler, and 0586; FRL–9983–70–OLEM]
USDA Forest Service processing. That and by aligning the Forest Service
list included 177 Surface Use Plans of process with the BLM so that operators National Priorities List
Operation with an average pending time have one simplified permitting system.
of 3.6 years. AGENCY: Environmental Protection
The Agency will continue to deliver National Environmental Policy Act
Agency (EPA).
scientifically-based, high-quality This Advance Notice also serves as
analysis to decision makers that honors the USDA Forest Service’s notice of ACTION: Proposed rule.
its environmental stewardship intent to prepare an environmental
responsibilities while maintaining assessment or environmental impact SUMMARY: The Comprehensive
robust public particiption. In addition, statement pursuant to the National Environmental Response,
the USDA Forest Service plans to Environmental Policy Act, and initiate Compensation, and Liability Act
conduct staff training following the the scoping process. The USDA Forest (‘‘CERCLA’’ or ‘‘the Act’’), as amended,
revision of the regulations to provide a Service requests comments regarding requires that the National Oil and
more consistent approach to oil and gas any potential environmental effects of Hazardous Substances Pollution
management across the National Forest changes to the 36 CFR part 228, subpart Contingency Plan (‘‘NCP’’) include a list
System. E, regulations. of national priorities among the known
Comments Requested on Proposed Conclusion: The USDA Forest Service releases or threatened releases of
Regulation Revision is considering how to best proceed with hazardous substances, pollutants or
The current regulations can be found revisions to 36 CFR part 228, subpart E, contaminants throughout the United
at https://www.gpo.gov/fdsys/pkg/CFR- addressing analysis and protection of States. The National Priorities List
2017-title36-vol2/pdf/CFR-2017-title36- the renewable surface resources of the (‘‘NPL’’) constitutes this list. The NPL is
vol2-part228-subpartE.pdf. The USDA National Forest System associated with intended primarily to guide the
Forest Service requests comments development of oil and gas resources on Environmental Protection Agency
regarding revision of the following areas National Forest System lands. (‘‘EPA’’ or ‘‘the agency’’) in determining
of the oil and gas regulations at 36 CFR Comments and information supplied which sites warrant further
part 228, subpart E: in response to this Notice will help the investigation. These further
• Streamlining and reforming the USDA Forest Service determine the next investigations will allow the EPA to
process used by the USDA Forest steps in revising and analyzing the oil assess the nature and extent of public
Service to identify National Forest and gas regulations. Comments should health and environmental risks
System lands that the Bureau of Land provide enough detail and contain associated with the site and to
Management may offer for oil and gas sufficient supporting information (e.g., determine what CERCLA-financed
leasing; citations to published studies and or remedial action(s), if any, may be
• Updating regulatory provisions data related to your comments) in order
appropriate. This rule proposes to add
concerning lease stipulation waivers, for the USDA Forest Service to
six sites to the General Superfund
exceptions and modifications; understand the issues raised and give
section of the NPL and proposes to
• Clarifying procedures for review comments the fullest consideration.
and approval of surface use plans of change the name of a site previously
Regulatory Findings: This ANPR is
operations; added to the NPL.
not a regulatory action under Executive
• Updating the language addressing Order 13771. DATES:Comments regarding any of these
the operator’s responsibility to protect Dated: August 31, 2018. proposed listings must be submitted
natural resources and the environment; (postmarked) on or before November 13,
• Clarifying language regarding Victoria Christiansen,
Interim Chief, USDA, Forest Service. 2018.
inspections and compliance; and
• Addressing geophysical/seismic [FR Doc. 2018–19962 Filed 9–12–18; 8:45 am] ADDRESSES:Identify the appropriate
operations associated with minerals BILLING CODE 3411–15–P docket number from the table below.
DOCKET IDENTIFICATION NUMBERS BY SITE
Site name City/county, state Docket ID No.
Copper Bluff Mine ..................................................................................... Hoopa, CA ...................................... EPA–HQ–OLEM–2018–0580.
Cliff Drive Groundwater Contamination .................................................... Logansport, IN ................................ EPA–HQ–OLEM–2018–0581.
McLouth Steel Corp .................................................................................. Trenton, MI ..................................... EPA–HQ–OLEM–2018–0582.
daltland on DSKBBV9HB2PROD with PROPOSALS
Sporlan Valve Plant #1 ............................................................................. Washington, MO ............................. EPA–HQ–OLEM–2018–0583.
Magna Metals ........................................................................................... Cortlandt Manor, NY ...................... EPA–HQ–OLEM–2018–0585.
Shaffer Equipment/Arbuckle Creek Area ................................................. Minden, WV .................................... EPA–HQ–OLEM–2018–0586.
Submit your comments, identified by online instructions for submitting Regulations.gov. The EPA may publish
the appropriate docket number, at comments. Once submitted, comments any comment received to its public
https://www.regulations.gov. Follow the cannot be edited or removed from docket. Do not submit electronically any
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Document Created: 2018-09-13 01:01:50
Document Modified: 2018-09-13 01:01:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Advance notice of proposed rulemaking; request for comment. | |
| Dates | Comments must be received by October 15, 2018. | |
| Contact | Sherri Thompson at 303-275-5147 or by mail at 1617 Cole Boulevard, Building 17, Lakewood, CO 80401. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 10 a.m. and 7 p.m., Eastern Standard Time, Monday through Thursday. | |
| FR Citation | 83 FR 46458 | |
| RIN Number | 0596-AD33 |
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