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BLM takes impediments out of the way of oil and gas development on public lands
August 7, 2003
Kern County - California
The United States Department of the Interior (USDI), Bureau of Land Management (BLM),
issued new policies today to evaluate the necessity of current
constraints on energy development in high-potential oil and gas areas.
BLM directed its state and field managers and staff to determine, by
December 31, 2003, the need for changing existing land-use plans to
facilitate oil and gas exploration and development. Director Kathleen
Clarke stated her commitment to:
What is "BLM's Oil & Gas 2003 Initiative"?
The Energy Policy and Conservation Act (EPCA) of 2000, required that
estimates be made of oil and gas resources beneath Federal lands
in five Western basins and that the nature and extent of impediments
to developing these resources be identified.
The strategy for integrating the EPCA inventory results into the
Bureau of Land Management’s (BLM’s) business practices has two
categories: Land Use Planning, and Use Authorizations.
Guidance on how the EPCA inventory results
will be integrated into BLM’s oil and gas Use Authorizations to:
1. Promote an adaptive process for monitoring and implementing lease
stipulations and use authorization Conditions of Approval (COAs)
to ensure stipulations and COAs are both necessary and effective;
2. Improve internal communications, policy awareness, and promote
enhanced communications with our stakeholders and partners; and,
3. Apply the EPCA inventory results to create a more efficient use
authorization process.
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The new policies provide direction on ways
to incorporate the findings of a comprehensive oil and gas inventory into the
Agency’s land-use planning process. The findings come from an inventory carried
out pursuant to the Energy Policy and Conservation Act (EPCA) of 2000, which
required that estimates be made of oil and gas resources beneath Federal lands
in five Western basins and that the nature and extent of impediments to
developing these resources be identified.
The policies direct the Agency’s land-use planners to not unduly
restrict access to Federal lands, while continuing to protect resources
when they review oil and gas lease stipulations, especially in cases
where an unnecessary stipulation could result in the abandonment or
delay of a project.
The new policies also require all BLM state offices with a significant oil and gas program to conduct at least one meeting with
industry representatives within a year from today to share the EPCA
findings and discuss oil- and gas-related policy changes.
"It is important that our employees understand the EPCA effort and its
applicability to oil and gas use authorizations and State Offices
take whatever time is necessary to train or brief the field on our
objectives. Likewise, we want our partners, stakeholders, Tribes,
and the public at large to identify with this effort and give them
an opportunity to understand our policy and comment during the
process." - BLM Director Clarke said.
The policy directive is in accordance with Executive Order (EO) 13212,
which states, “…agencies shall expedite their review of permits or
take other actions necessary to accelerate the completion of
[energy-related projects] while maintaining safety, public health,
and environmental protections. The agencies shall take such actions
to the extent permitted by law and regulation and where appropriate.”
Oil and Gas Management on public lands
The 1920 Minerals Leasing Act, and the Mineral Leasing Act of 1947, for
Acquired Lands
1.
provides that all public lands are open to oil and gas
leasing, unless a specific land order has been issued to close an area. The majority of oil and gas
activities that occur on public lands are found on acres administered by the United States Department of the Interior
(USDI), Bureau of Land Management (BLM), and the United States Department of Agriculture, Forest Service (FS).
Prior to 1987, to lease a parcel of land administered by the FS, a request would be submitted to the BLM.
The FS would be asked for a recommendation regarding the offering of a lease tract and appropriate
stipulations to protect the surface resources. However, the primary authority and responsibility for determinations
regarding leasing remained with the Secretary of the Interior and the BLM.
In 1987, Congress passed the Federal Onshore Oil and Gas Leasing Reform Act (P.L. 100-203).
The Leasing Reform Act made significant changes in the way leasing decisions are reached. The
Act expanded the role of the Secretary of Agriculture in the leasing decision process by
requiring the Secretary's to determine which lands are available for oil and gas leasing.
Oil and gas regulations for the BLM and the FS can be found at:
43 Code of Federal Regulations (CFR) subpart 3100 for the BLM; and
36 CFR 228 for the FS.
Oil and gas is part of a family of minerals classified by the federal law as leasable minerals
2.
Under the 1920 Minerals leasing Act, and amendments, the federal government is
authorized to lease public minerals for exploration and development that qualify under the leasable definition.
BLM is responsible for issuing leases
3 of Federal oil and gas resources - provided the consent
of the federal agency with administrative jurisdiction of the lands. On public lands administered by BLM,
oil and gas leasing is addressed through BLM's land use planning process in accordance
with the Federal Land Policy and Management Act of 1976 (FLPMA). On National Forest System Lands,
the FS must determine the availability of public lands, under its administration, through its forest planning
process in accordance with the National Forest Management Act of 1976 (NFMA).
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