Document 159NLVb51No2b6Xd6xOLnm4YK
Conversation Contents
Implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v)
Attachments:
/3. Implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v)/1.1 Briefing Memo_2017_0411.docx /3. Implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v)/7.1 Briefing Memo_2017_0411_trackchanges.docx /3. Implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v)/8.1 Briefing Memo 2017 0411 revised.docx
"McGinnis, Shelley" <smcginnis@blm.gov>
From: Sent: To:
CC:
Subject: Attachments:
"McGinnis, Shelley" <smcginnis@blm.gov>
Tue Apr 11 2017 07:59:37 GMT-0600 (MDT)
Shannon Stewart <scstewar@blm.gov>, Beverly Winston <bwinston@blm.gov>
Timothy Spisak <tspisak@blm.gov>, Lonny Bagley <lbagley@blm.gov>, Erica Pionke <epionke@blm.gov>
Implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v)
Briefing Memo_2017_0411.docx
Shannon,
Attached is a draft memorandum addressing implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v).
The Solicitor's Office has requested to review the memo. Please let us know if we should go ahead and send to them or wait for WO-100's review.
Thanks,
Shelley McGinnis, Ph.D. Resource Advisor Bureau of Land Management Energy, Minerals, and Realty Management 1849 C Street NW, Room 5625 Washington, DC 20240 Office: 202-208-6551 Cell: 202-578-3010 Email: smcginnis@blm.gov
"Stewart, Shannon" <scstewar@blm.gov>
From:
"Stewart, Shannon" <scstewar@blm.gov>
Sent: To: CC:
Subject:
Tue Apr 11 2017 08:13:28 GMT-0600 (MDT)
"McGinnis, Shelley" <smcginnis@blm.gov>
Beverly Winston <bwinston@blm.gov>, Timothy Spisak <tspisak@blm.gov>, Lonny Bagley <lbagley@blm.gov>, Erica Pionke <epionke@blm.gov>
Re: Implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v)
Please have SOLs review the memo now since we have committed to sending to ASLM on Wednesday of this week.
To clarify, are we planning to report separately on section 5(c)(ii)?
Shannon
On Tue, Apr 11,2017 at 9:59 AM, McGinnis, Shelley <smcginnis@blm.gov> wrote: Shannon,
Attached is a draft memorandum addressing implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v).
The Solicitor's Office has requested to review the memo. Please let us know if we should go ahead and send to them or wait for WO-100's review.
Thanks,
Shelley McGinnis, Ph.D. Resource Advisor Bureau of Land Management Energy, Minerals, and Realty Management 1849 C Street NW, Room 5625 Washington, DC 20240 Office: 202-208-6551 Cell: 202-578-3010 Email: smcginnis@blm.gov
Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov
Timothy Spisak <tspisak@blm.gov>
From: Sent: To:
CC:
Timothy Spisak <tspisak@blm.gov> Tue Apr 11 2017 08:25:05 GMT-0600 (MDT) "Stewart, Shannon" <scstewar@blm.gov> "McGinnis, Shelley" <smcginnis@blm.gov>, Beverly Winston <bwinston@blm.gov>, Lonny Bagley <lbagley@blm.gov>, Erica
From: Sent: To:
CC:
Subject:
"Stewart, Shannon" <scstewar@blm.gov>
Tue Apr 11 2017 09:04:50 GMT-0600 (MDT)
Timothy Spisak <tspisak@blm.gov>
"McGinnis, Shelley" <smcginnis@blm.gov>, Beverly Winston <bwinston@blm.gov>, Lonny Bagley <lbagley@blm.gov>, Erica Pionke <epionke@blm.gov>
Re: Implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v)
The way I read the SO under section c(i) we need to expeditiously rescind HF rule which we note is underway. Under section c(ii) we need to provide within 21 days a report on whether the methane rule is fully consistent with the policy set forth in Section 1 of the March 28, 2017 E.O. I'm not sure its enough for us to simply say we are working on section c(ii) with SOLs. I just chatted with Jerry and he is in agreement.
Shannon
On Tue, Apr 11,2017 at 10:25 AM, Timothy Spisak <tspisak@blm.gov> wrote: Not sure the SOL will be able to turn it around by tomorrow. Regarding section 5(c)(ii), that's the Methane rule and we note both it and the HF rules in the opening paragraphs. Did we need to list it out more specifically? Thanks
Sent from my iPhone
On Apr 11,2017, at 10:13 AM, Stewart, Shannon <scstewar@blm.gov> wrote:
Please have SOLs review the memo now since we have committed to sending to ASLM on Wednesday of this week.
To clarify, are we planning to report separately on section 5(c)(ii)?
Shannon
On Tue, Apr 11,2017 at 9:59 AM, McGinnis, Shelley <smcginnis@blm.gov> wrote:
Shannon,
Attached is a draft memorandum addressing implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v).
The Solicitor's Office has requested to review the memo. Please let us know if we should go ahead and send to them or wait for WO-100's review.
Thanks,
Shelley McGinnis, Ph.D. Resource Advisor Bureau of Land Management Energy, Minerals, and Realty Management 1849 C Street NW, Room 5625 Washington, DC 20240 Office: 202-208-6551 Cell: 202-578-3010 Email: smcginnis@blm.gov
Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov
Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov
Timothy Spisak <tspisak@blm.gov>
From: Sent: To:
CC:
Subject:
Timothy Spisak <tspisak@blm.gov>
Tue Apr 11 2017 10:00:04 GMT-0600 (MDT)
"Stewart, Shannon" <scstewar@blm.gov>
"McGinnis, Shelley" <smcginnis@blm.gov>, Beverly Winston <bwinston@blm.gov>, Lonny Bagley <lbagley@blm.gov>, Erica Pionke <epionke@blm.gov>
Re: Implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v)
Okay, no problem. We will clarify and get something back to you today. Thanks
Sent from my iPhone
On Apr 11,2017, at 11:04 AM, Stewart, Shannon <scstewar@blm.gov> wrote:
The way I read the SO under section c(i) we need to expeditiously rescind HF rule which we note is underway. Under section c(ii) we need to provide within 21 days a report on whether the methane rule is fully consistent with the policy set forth in Section 1 of the March 28, 2017 E.O. I'm not sure its enough for us to simply say we are working on section c(ii) with SOLs. I just chatted with Jerry and he is in agreement.
Shannon
On Tue, Apr 11,2017 at 10:25 AM, Timothy Spisak <tspisak@blm.gov> wrote: Not sure the SOL will be able to turn it around by tomorrow. Regarding section 5(c)(ii), that's the Methane rule and we note both it and the HF
rules in the opening paragraphs. Did we need to list it out more specifically? Thanks
Sent from my iPhone
On Apr 11,2017, at 10:13 AM, Stewart, Shannon <scstewar@blm.gov> wrote:
Please have SOLs review the memo now since we have committed to sending to ASLM on Wednesday of this week.
To clarify, are we planning to report separately on section 5(c)(ii)?
Shannon
On Tue, Apr 11,2017 at 9:59 AM, McGinnis, Shelley <smcginnis@blm.gov> wrote:
Shannon,
Attached is a draft memorandum addressing implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v).
The Solicitor's Office has requested to review the memo. Please let us know if we should go ahead and send to them or wait for WO100's review.
Thanks,
Shelley McGinnis, Ph.D. Resource Advisor Bureau of Land Management Energy, Minerals, and Realty Management 1849 C Street NW, Room 5625 Washington, DC 20240 Office: 202-208-6551 Cell: 202-578-3010 Email: smcginnis@blm.gov
Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov
Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office)
To clarify, are we planning to report separately on section 5(c)(ii)?
Shannon
On Tue, Apr 11, 2017 at 9:59 AM, McGinnis, Shelley <smcginnis@blm.gov> wrote:
Shannon,
Attached is a draft memorandum addressing implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v).
The Solicitor's Office has requested to review the memo. Please let us know if we should go ahead and send to them or wait for WO-100's review.
Thanks,
Shelley McGinnis, Ph.D. Resource Advisor Bureau of Land Management Energy, Minerals, and Realty Management 1849 C Street NW, Room 5625 Washington, DC 20240 Office: 202-208-6551 Cell: 202-578-3010 Email: smcginnis@blm.gov
Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov
Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov
Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell)
202-208-4586 (office) scstewar@blm.gov
Shelley McGinnis, Ph.D. Resource Advisor Bureau of Land Management Energy, Minerals, and Realty Management 1849 C Street NW, Room 5625 Washington, DC 20240 Office: 202-208-6551 Cell: 202-578-3010 Email: smcginnis@blm.gov
"McGinnis, Shelley" <smcginnis@blm.gov>
From: Sent: To:
CC:
Subject: Attachments:
"McGinnis, Shelley" <smcginnis@blm.gov> Tue Apr 11 2017 13:24:42 GMT-0600 (MDT)
"Stewart, Shannon" <scstewar@blm.gov>
Timothy Spisak <tspisak@blm.gov>, Beverly Winston <bwinston@blm.gov>, Lonny Bagley <lbagley@blm.gov>, Erica Pionke <epionke@blm.gov> Re: Implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v) Briefing Memo_2017_0411_revised.docx
Hi Shannon,
Attached is the revised version. Please send us the version that is provided to Mike Nedd for review and we will get it to the Solicitor's Office for review.
Thanks, Shelley
On Tue, Apr 11,2017 at 12:43 PM, Stewart, Shannon <scstewar@blm.gov> wrote: Thanks. I will hold off sharing with Mike and others until I get the next version so we don't ask them to review twice.
Shannon
On Tue, Apr 11,2017 at 12:00 PM, Timothy Spisak <tspisak@blm.gov> wrote: Okay, no problem. We will clarify and get something back to you today. Thanks
Sent from my iPhone
On Apr 11,2017, at 11:04 AM, Stewart, Shannon <scstewar@blm.gov> wrote:
The way I read the SO under section c(i) we need to expeditiously rescind HF rule which we note is underway. Under section c(ii) we need to provide within 21 days a report on whether the methane rule is fully consistent with the policy set forth in Section 1 of the March 28, 2017 E.O. I'm not sure its enough for us
to simply say we are working on section c(ii) with SOLs. I just chatted with Jerry and he is in agreement.
Shannon
On Tue, Apr 11,2017 at 10:25 AM, Timothy Spisak <tspisak@blm.gov> wrote: Not sure the SOL will be able to turn it around by tomorrow. Regarding section 5(c)(ii), that's the Methane rule and we note both it and the HF rules in the opening paragraphs. Did we need to list it out more specifically? Thanks
Sent from my iPhone
On Apr 11, 2017, at 10:13 AM, Stewart, Shannon <scstewar@blm.gov> wrote:
Please have SOLs review the memo now since we have committed to sending to ASLM on Wednesday of this week.
To clarify, are we planning to report separately on section 5(c)(ii)?
Shannon
On Tue, Apr 11, 2017 at 9:59 AM, McGinnis, Shelley <smcginnis@blm.gov> wrote:
Shannon,
Attached is a draft memorandum addressing implementation of Secretarial Order 3349, Sections 5(c)(i), (ii), and (v).
The Solicitor's Office has requested to review the memo. Please let us know if we should go ahead and send to them or wait for WO-100's review.
Thanks,
Shelley McGinnis, Ph.D. Resource Advisor Bureau of Land Management Energy, Minerals, and Realty Management 1849 C Street NW, Room 5625 Washington, DC 20240 Office: 202-208-6551 Cell: 202-578-3010 Email: smcginnis@blm.gov
Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov
Purpose: Establishes a process for ensuring orderly, effective, timely, and environmentally responsible leasing of oil and gas resources on Federal lands. The leasing process established in this IM will create more certainty and predictability, protect multiple-use values when the BLM makes leasing decisions, and provide for consideration of natural and cultural resources as well as meaningful public involvement.
Title: IM 2013-101, Oil and Gas Leasing Reform - Master Leasing Plans Date: 4/15/2013 Purpose: Supplements existing BLM policy and guidance for processing Applications for Permit to Drill and outlines the regulatory and statutory requirements of Onshore Oil and Gas Order Number 1 (Order 1) and the Energy Policy Act of 2005.
Title: IM 2013-177, National Environmental Policy Act (NEPA) Compliance for Oil and Gas Lease Reinstatement Petitions Date: 8/13/2013 Purpose: Directs all oil and gas leasing offices to: 1) ensure Resource Management Plan conformance; 2) evaluate the adequacy of existing NEPA analysis and documentation; and 3) complete any necessary new or supplemental NEPA analysis and documentation before approving a Class I or Class II oil and gas lease reinstatement petition.
Title: IM 2016-140, Implementation of Greater Sage-Grouse Resource Management Plan Revisions or Amendments - Oil & Gas Leasing and Development Sequential Prioritization Date: 9/1/2016 Purpose: Provides guidance on prioritizing implementation decisions for BLM oil and gas leasing and development, to be consistent with the Approved Resource Management Plan Amendments for the Rocky Mountain and Great Basin Greater Sage-Grouse Regions and nine Approved Resource Management Plans in the Rocky Mountain Greater Sage-Grouse Region (collectively referred to as the GRSG Plans). This IM applies to activities in the areas covered by both the Rocky Mountain and Great Basin Regions Records of Decision, issued by the BLM in September 2015. This IM also contains reporting requirements for communication between State Offices and the Washington Office.
Title: Onshore Orders Nos. 3, 4 and 5 Date: All three final rules were published in the Federal Register on 11/17/2016, and became effective on 1/17/2017 Purpose: "Onshore Orders" is shorthand for the three concurrent rulemakings that replaced the BLM's site security, oil measurement, and gas measurement regulations contained in Onshore Oil and Gas Orders Nos. 3, 4 and 5, which had been in place since 1989. The recent rulemakings resulted in new site security, oil measurement, and gas measurement regulations for Onshore Federal and Indian oil and gas production and are codified in the Code of Federal Regulations at 43 C.F.R. part 3170. These rulemakings were prompted by external and internal oversight reviews which found many of the BLM's production measurement and accountability policies to be outdated and inconsistently applied. The new rules also address some of the Government Accountability Office concerns for High Risk with regards to the Department's production accountability.
2
Purpose: Directs the implementation of the land use plan adaptive management process to evaluate and apply hard and soft triggers and responses, as detailed in the Greater Sage-Grouse Approved Resource Management Plans and Amendments, Great Basin and Rocky Mountain Greater Sage-Grouse Regional Records of Decision (September 21, 2015).
(b) (5)
Title: BLM Land Use Planning Handbook, H-1601-1, Appendix C Date: 3/11/2017 Purpose: The Handbook provides specific guidance for preparing, amending, revising, maintaining, implementing, monitoring, and evaluating BLM land use plans. Appendix C of the handbook identifies resource-specific guidance for BLM program areas that could restrict or impact energy development. The specific restrictions depend on the individual program's requirements, as identified in the laws, regulations, manuals, handbooks, and instruction memoranda governing each program. NEXT STEPS In some cases, the aforementioned Actions include only certain components that are unnecessarily burdensome.
Therefore, the BLM recommends coordination with the DOI Solicitor's Office to discuss modification of these Actions where appropriate, rather than complete rescission.
4
"actions" the BLM has adopted or is in the processes of developing with respect to certain memoranda and orders related to mitigation and climate change.
Fluid Minerals
Title: Instruction Memorandum (IM) 2010-117, Oil and Gas Leasing Reform - Land Use Planning and Lease Parcel Reviews Date: 5/17/2010 Purpose: Establishes a process for ensuring orderly, effective, timely, and environmentally responsible leasing of oil and gas resources on Federal lands. The leasing process established in this IM will create more certainty and predictability, protect multiple-use values when the BLM makes leasing decisions, and provide for consideration of natural and cultural resources as well as meaningful public involvement.
Title: IM 2013-101, Oil and Gas Leasing Reform - Master Leasing Plans Date: 4/15/2013 Purpose: Supplements existing BLM policy and guidance for processing Applications for Permit to Drill and outlines the regulatory and statutory requirements of Onshore Oil and Gas Order Number 1 (Order 1) and the Energy Policy Act of 2005.
Title: IM 2013-177, National Environmental Policy Act (NEPA) Compliance for Oil and Gas Lease Reinstatement Petitions Date: 8/13/2013 Purpose: Directs all oil and gas leasing offices to: 1) ensure Resource Management Plan conformance; 2) evaluate the adequacy of existing NEPA analysis and documentation; and 3) complete any necessary new or supplemental NEPA analysis and documentation before approving a Class I or Class II oil and gas lease reinstatement petition.
Title: IM 2016-140, Implementation of Greater Sage-Grouse Resource Management Plan Revisions or Amendments - Oil & Gas Leasing and Development Sequential Prioritization Date: 9/1/2016 Purpose: Provides guidance on prioritizing implementation decisions for BLM oil and gas leasing and development, to be consistent with the Approved Resource Management Plan Amendments for the Rocky Mountain and Great Basin Greater Sage-Grouse Regions and nine Approved Resource Management Plans in the Rocky Mountain Greater Sage-Grouse Region (collectively referred to as the GRSG Plans). This IM applies to activities in the areas covered by both the Rocky Mountain and Great Basin Regions Records of Decision, issued by the BLM in September 2015. This IM also contains reporting requirements for communication between State Offices and the Washington Office.
Title: Onshore Orders Nos. 3, 4 and 5 Date: All three final rules were published in the Federal Register on 11/17/2016, and became effective on 1/17/2017 Purpose: "Onshore Orders" is shorthand for the three concurrent rulemakings that replaced the BLM's site security, oil measurement, and gas measurement regulations contained in Onshore Oil and Gas Orders Nos. 3, 4 and 5, which had been in place since 1989. The recent rulemakings
2
Fluid Minerals
Title: Instruction Memorandum (IM) 2010-117, Oil and Gas Leasing Reform - Land Use Planning and Lease Parcel Reviews Date: 5/17/2010 Purpose: Establishes a process for ensuring orderly, effective, timely, and environmentally responsible leasing of oil and gas resources on Federal lands. The leasing process established in this IM will create more certainty and predictability, protect multiple-use values when the BLM makes leasing decisions, and provide for consideration of natural and cultural resources as well as meaningful public involvement.
Title: IM 2013-101, Oil and Gas Leasing Reform - Master Leasing Plans Date: 4/15/2013 Purpose: Supplements existing BLM policy and guidance for processing Applications for Permit to Drill and outlines the regulatory and statutory requirements of Onshore Oil and Gas Order Number 1 (Order 1) and the Energy Policy Act of 2005.
Title: IM 2013-177, National Environmental Policy Act (NEPA) Compliance for Oil and Gas Lease Reinstatement Petitions Date: 8/13/2013 Purpose: Directs all oil and gas leasing offices to: 1) ensure Resource Management Plan conformance; 2) evaluate the adequacy of existing NEPA analysis and documentation; and 3) complete any necessary new or supplemental NEPA analysis and documentation before approving a Class I or Class II oil and gas lease reinstatement petition.
Title: IM 2016-140, Implementation of Greater Sage-Grouse Resource Management Plan Revisions or Amendments - Oil & Gas Leasing and Development Sequential Prioritization Date: 9/1/2016 Purpose: Provides guidance on prioritizing implementation decisions for BLM oil and gas leasing and development, to be consistent with the Approved Resource Management Plan Amendments for the Rocky Mountain and Great Basin Greater Sage-Grouse Regions and nine Approved Resource Management Plans in the Rocky Mountain Greater Sage-Grouse Region (collectively referred to as the GRSG Plans). This IM applies to activities in the areas covered by both the Rocky Mountain and Great Basin Regions Records of Decision, issued by the BLM in September 2015. This IM also contains reporting requirements for communication between State Offices and the Washington Office.
Title: Onshore Orders Nos. 3, 4 and 5 Date: All three final rules were published in the Federal Register on 11/17/2016, and became effective on 1/17/2017 Purpose: "Onshore Orders" is shorthand for the three concurrent rulemakings that replaced the BLM's site security, oil measurement, and gas measurement regulations contained in Onshore Oil and Gas Orders Nos. 3, 4 and 5, which had been in place since 1989. The recent rulemakings resulted in new site security, oil measurement, and gas measurement regulations for Onshore Federal and Indian oil and gas production and are codified in the Code of Federal Regulations at 43 C.F.R. part 3170. These rulemakings were prompted by external and internal oversight
2
reviews which found many of the BLM's production measurement and accountability policies to be outdated and inconsistently applied. The new rules also address some of the Government Accountability Office concerns for High Risk with regards to the Department's production accountability.
Solid Minerals
Title: IM 2014-156, Supplemental Guidance on Processing Royalty Rate Reduction Applications Date: 9/26/2014 Purpose: Provides State Directors notice that they must provide the Washington Office (WO) a royalty rate reduction (RRR) justification with a copy of their draft decision when requesting WO concurrence. A checklist is attached to ensure that all required RRR application elements are included. Further, this IM augments and reiterates the existing policy for processing RRR applications.
Title: IM 2017-035, Publicly Accessible Bureau of Land Management Websites for Information Regarding Federal Coal Program Leasing, Exploration Licensing, and Royalty Rate Reductions Date: 1/19/2017 Purpose: Improves transparency in administering the Federal coal program. Responds to stakeholder suggestions for improved access to information on the Federal coal program, and replaces the policy and guidance previously provided in WO-IM-2014-159, Publicly Accessible Bureau ofLand Management Websites for Coal Leasing Information. This IM directs the BLM offices to post and update specified Federal coal program information on BLM publicly accessible websites, including, as described more fully below: (1) information about Federal coal lease applications and leases, lease modification applications, and lease modifications; (2) information about exploration licensing applications and exploration licenses; (3) information about royalty rate reduction applications; and (4) summary information on the Federal coal program.
Title: IM 2017-037, Waste Mine Methane Policy Date: 1/20/2017 Purpose: Establishes national policies and processes to foster voluntary activities by operators to capture waste mine methane from underground coal or other solid mineral mines. These policies will allow waste mine methane to be put to productive use, where economical, and reduce environmental impacts, while ensuring continued safe underground mining operations on Federal lands.
3
