Document 2RGLxzenOd5gGQ6QNLbxqRq17

Conversation Contents Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth" Attachments: /70. Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth"/1.1 M-17-24.pdf /70. Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth"/1.2 AgencyName_Sec2_EO13783_BLM.xlsx /70. Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth"/2.1 M-17-24.pdf /70. Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth"/2.2 AgencyName_Sec2_EO13783_BLM.xlsx /70. Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth"/4.1 image001.png /70. Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth"/5.1 image001.png "Bail, Kristin" <kbail@blm.gov> From: Sent: To: CC: Subject: Attachments: "Bail, Kristin" <kbail@blm.gov> Wed May 10 2017 09:37:07 GMT-0600 (MDT) Karen Kelleher <kkelleh@blm.gov>, "Tryon, Steve" <stryon@blm.gov> Thomas Bartholomew <tbarthol@blm.gov> Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth" M-17-24.pdf AgencyName_Sec2_EO13783_BLM.xlsx Just seeing this. Will be looking it over to digest and we can have an email conversation about how to complete. -K --------- Forwarded message ----------From: Stewart, Shannon <scstewar@blm.gov> Date: Wed, May 10, 2017 at 10:00 AM Subject: Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth" To: Timothy Spisak <tspisak@blm.gov>. Lonny Bagley <lbaglev@blm.gov>. Shelley McGinnis <smcginnis@blm.gov>. Kristin Bail <kbail@blm.gov> Cc: mike nedd <mnedd@blm.gov>, Peter Mali <pmali@blm.gov>, John Ruhs <jruhs@blm.gov> Hi All We have received a new, short turnaround request from ASLM - see below. I have added the items from our memo on SO 3349 Section C to the spreadsheet to get us started. Rich is clear below that if an entry does not lend itself to the information requested, we should simply put N/A. This is due back to ASLM tomorrow mid-day. Happy to discuss further after you have sometime to digest. Shannon Begin forwarded message: From: "Cardinale, Richard" <richard cardinale@ios.doi.gov> Date: May 9, 2017 at 6:31:31 PM EDT To: Walter Cruickshank <walter.cruickshank@boem.gov>. Glenda Owens <gowens@osmre.gov>. Margaret Schneider <margaret.schneider@bsee.gov>. "Nedd, Mike" <mnedd@blm.gov> Cc: Katharine Macgregor <kate macgregor@ios.doi.gov> Subject: Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth" All. Attached please find an Excel template that OMB sent to Exec. Sec. late yesterday seeking information in connection with Section 2(a) of Executive Order 13783. which requires the head of each Executive Department and Agency to review all of that agency's existing regulations. orders. guidance documents. policies. and any other similar agency actions that potentially burden the development or use of domestically produced energy resources. with particular attention to oil. natural gas. coal. and nuclear energy resources. This data that is request for the attached Excel spreadsheet is based on the information that your bureaus previously provided to Jim Cason. Unfortunately. it took quite a while for OMB to develop this template and before I sent it out I wanted to ensure that Julie had an opportunity to discuss it with the front office. In populating the spreadsheet. if a particular item that you are including does not lend itself to the information requested in one (or more) of the data columns. simply put N/A. We apologize for the short turn around on this assignment. Per the attached Memorandum from Acting OIRA Administrator Dominic Mancini. each Department is required to submit its plan for responding to the EO by this Friday. March 12. Accordingly. please have your bureaus send me their respective spreadsheets by Noon on Thursday. May 11. Thank you in advance for your assistance and. again. our apologies for the quick turn around. Rich --------- Forwarded message ----------From: Lillie, Juliette <juliette_lillie@ios.doi.gov> Date: Tue. May 9. 2017 at 7:10 AM Subject: Fwd: Procedural Guidance on Section 2 of Executive Order 13783. "Promoting Energy Independence and Economic Growth" To: Richard Cardinale <Richard Cardinale@ios.doi.gov>. Maureen Foster <maureen foster@ios.doi.gov>. Sarah Walters <sarah walters@ios.doi.gov>. Kerry Rae <kerry rae@ios.doi.gov>. Amy Holley <amy holley@ios.doi.gov> Good morning: We received guidance from OMB on the report due for EO 12783 Promoting Energy Independence and Economic Growth. I wanted to pass it on to you because I believe a report is due this week. We did send a copy of this information to Jim Cason. Julie Juliette Lillie Director Executive Secretariat and Regulatory Affairs Department of the Interior 1849 C St. NW Washington DC 20240 Email: juliette lillie@ios.doi.gov Ph: 202-219-7724 Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov "Bail, Kristin" <kbail@blm.gov> From: Sent: To: Subject: Attachments: "Bail, Kristin" <kbail@blm.gov> Wed May 10 2017 09:47:56 GMT-0600 (MDT) Karen Kelleher <kkelleh@blm.gov>, "Tryon, Steve" <stryon@blm.gov> Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth" M-17-24.pdf AgencyName_Sec2_EO13783_BLM.xlsx The 3 guidance documents in the attached spreadsheet which relate to WO200 are as follows. The first should probably be assigned to WO300, with input from us. -K IM 2016-140, Implementation of Greater sage-grouse Resource Management Plan Revisions or Amendments - Oil & Gas Leasing and Development Sequential Prioritization lend itself to the information requested in one (or more) of the data columns, simply put N/A. We apologize for the short turn around on this assignment. Per the attached Memorandum from Acting OIRA Administrator Dominic Mancini, each Department is required to submit its plan for responding to the EO by this Friday, March 12. Accordingly, please have your bureaus send me their respective spreadsheets by Noon on Thursday, May 11. Thank you in advance for your assistance and, again, our apologies for the quick turn around. Rich --------- Forwarded message----------From: Lillie, Juliette <juliette_lillie@ios.doi.gov> Date: Tue, May 9, 2017 at 7:10 AM Subject: Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth" To: Richard Cardinale <Richard_Cardinale@ios.doi.gov>. Maureen Foster <maureen foster@ios.doi.gov>. Sarah Walters <sarah walters@ios.doi.gov>, Kerry Rae <kerry rae@ios.doi.gov>, Amy Holley <amy holley@ios.doi.gov> Good morning: We received guidance from OMB on the report due for EO 12783 Promoting Energy Independence and Economic Growth. I wanted to pass it on to you because I believe a report is due this week. We did send a copy of this information to Jim Cason. Julie Juliette Lillie Director Executive Secretariat and Regulatory Affairs Department of the Interior 1849 C St. NW Washington DC 20240 Email: juliette lillie@ios.doi.gov Ph: 202-219-7724 Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov "Bartholomew, Thomas" <tbarthol@blm.gov> From: Sent: To: CC: Subject: "Bartholomew, Thomas" <tbarthol@blm.gov> Wed May 10 2017 10:00:12 GMT-0600 (MDT) "Bail, Kristin" <kbail@blm.gov> Karen Kelleher <kkelleh@blm.gov>, "Tryon, Steve" <stryon@blm.gov> Re: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth" Shannon mentioned this to me. I think she has already taken information from our response to 3349 and included it in here. It sounded like there are some differences between this request and 3349 as this report I think is tracking the cost savings of removing or amending these policies. Best, T On Wed, May 10, 2017 at 11:37 AM, Bail, Kristin <kbail@blm.gov> wrote: Just seeing this. Will be looking it over to digest and we can have an email conversation about how to complete. K --------- Forwarded message----------From: Stewart, Shannon <scstewar@blm.gov> Date: Wed, May 10, 2017 at 10:00 AM Subject: Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth" To: Timothy Spisak <tspisak@blm.gov>. Lonny Bagley <lbaglev@blm.gov>. Shelley McGinnis <smcginnis@blm.gov>, Kristin Bail <kbail@blm.gov> Cc: mike nedd <mnedd@blm.gov>, Peter Mali <pmali@blm.gov>, John Ruhs <jruhs@blm.gov> Hi All We have received a new, short turnaround request from ASLM - see below. I have added the items from our memo on SO 3349 Section C to the spreadsheet to get us started. Rich is clear below that if an entry does not lend itself to the information requested, we should simply put N/A. This is due back to ASLM tomorrow mid-day. Happy to discuss further after you have sometime to digest. Shannon Begin forwarded message: From: "Cardinale, Richard" <richard cardinale@ios.doi.gov> Date: May 9, 2017 at 6:31:31 PM EDT To: Walter Cruickshank <walter.cruickshank@boem.gov>, Glenda Owens <gowens@osmre.gov>, Margaret Schneider <margaret.schneider@bsee.gov>, "Nedd, Mike" <mnedd@blm.gov> Cc: Katharine Macgregor <kate_macgregor@ios.doi.gov> Subject: Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth" Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov Thomas Bartholomew Resource Advisor - WO200 Bureau of Land Management Resources and Planning Directorate Washington, DC 202-208-5922 "Bail, Kristin" <kbail@blm.gov> From: Sent: To: CC: Subject: Attachments: "Bail, Kristin" <kbail@blm.gov> Wed May 10 2017 10:09:59 GMT-0600 (MDT) "Bartholomew, Thomas" <tbarthol@blm.gov> Karen Kelleher <kkelleh@blm.gov>, "Tryon, Steve" <stryon@blm.gov> Re: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth" image001.png I also just talked with Shannon. She is trading voicemails with Rich to get some questions answered, All we need to do by tomorrow is fill in the spreadsheet reflecting how we are tracking and implementing two items - the Adaptive mgt. IM and decisions related to the LUP Handbook H-1601-1. WO300 will have to fill out the section about how they are monitoring the prioritization of leasing and development. We are not supposed to articulate our plan for reviewing these documents, just provide info on implementation. She expects that we won't be able to provide info on costs. So the main things we need are a blurb from Serena about how (and whether) we track implementation of the Handbook and another writeup from Gordon about how we are tracking implementation of the triggers IM. -K Kristin Bail, Assistant Director Resources and Planning (WO-200) 1849 C. Street NW, Room 5648 Washington, D.C. 20240 (202) 208-6731 Cell (202) 823-1086 kbail@blm.gov USDI Bureau of Land Management cid:image002 On Wed, May 10, 2017 at 12:00 PM, Bartholomew, Thomas <tbarthol@blm.gov> wrote: Shannon mentioned this to me. I think she has already taken information from our response to 3349 and included it in here. It sounded like there are some differences between this request and 3349 as this report I think is tracking the cost savings of removing or amending these policies. Best, T On Wed, May 10, 2017 at 11:37 AM, Bail, Kristin <kbail@blm.gov> wrote: Just seeing this. Will be looking it over to digest and we can have an email conversation about how to complete. -K --------- Forwarded message----------From: Stewart, Shannon <scstewar@blm.gov> Date: Wed, May 10, 2017 at 10:00 AM Subject: Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth" To: Timothy Spisak <tspisak@blm.gov>. Lonny Bagley <lbagley@blm.gov>, Shelley McGinnis <smcginnis@blm.gov>, Kristin Bail <kbail@blm.gov> Cc: mike nedd <mnedd@blm.gov>, Peter Mali <pmali@blm.gov>, John Ruhs <iruhs@blm.gov> Hi All We have received a new, short turnaround request from ASLM - see below. I have added the items from our memo on SO 3349 Section C to the spreadsheet to get us started. Rich is clear below that if an entry does not lend itself to the information requested, we should simply put N/A. This is due back to ASLM tomorrow mid-day. Happy to discuss further after you have sometime to digest. Shannon Begin forwarded message: From: "Cardinale, Richard" <richard_cardinale@ios.doi.gov> Date: May 9, 2017 at 6:31:31 PM EDT To: Walter Cruickshank <walter.cruickshank@boem.gov>, Glenda Owens <gowens@osmre.gov>, Margaret Schneider <maraaret.schneider@bsee.aov>. "Nedd, Mike" <mnedd@blm.gov> Cc: Katharine Macgregor <kate macareaor@ios.doi.aov> Subject: Fwd: Procedural Guidance on Section 2 of Executive Order 13783, "Promoting Energy Independence and Economic Growth" All, Julie Juliette Lillie Director Executive Secretariat and Regulatory Affairs Department of the Interior 1849 C St. NW Washington DC 20240 Email: juliette lillie@ios.doi.gov Ph: 202-219-7724 Shannon Stewart Acting Chief of Staff Bureau of Land Management 202-570-0149 (cell) 202-208-4586 (office) scstewar@blm.gov Thomas Bartholomew Resource Advisor - WO200 Bureau of Land Management Resources and Planning Directorate Washington, DC 202-208-5922 recommendations that, to the extent permitted by law, could alleviate or eliminate aspects of agency actions that burden domestic energy production. Section 2(e) requires the report to be finalized by September 24, 2017, (i.e., 180 days from the date EO 13783 was issued) unless the OMB Director, in consultation with other Executive Office of the President officials who receive the draft final report, extends the deadline. Agencies are encouraged to coordinate their compliance with Section 2 of EO 13783 with their compliance with EO 13777, which directs agencies to establish Regulatory Reform Task Forces to evaluate existing regulations generally and make recommendations to the agency head regarding their repeal, replacement and modification, consistent with applicable law. EO 13777 directs these task forces to seek input and other assistance, as permitted by law, from entities significantly affected by Federal regulations, including State, local and tribal governments, small businesses, consumers, non-governmental organizations, and trade associations. As part of this outreach, agencies should seek input specifically regarding existing agency actions that potentially burden the development or use of domestically produced energy resources, and recommendations for actions the agency may take to alleviate or eliminate such burden. Section II. Application The requirements in this guidance apply to all Executive Departments and Agencies, except for independent regulatory agencies, as defined in 44 U.S.C. 3502(5). This is the same group of agencies subject to the regulatory review requirements in Section 6 of EO 12866. Independent regulatory agencies are encouraged to provide a plan and report in response to EO 13783, especially those independent regulatory agencies that directly regulate the development or use of domestically produced energy resources. Section 2(a) of EO 13783 states, "[t]he heads of agencies shall review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that potentially burden the development or use of domestically produced energy resources, with particular attention to oil, natural gas, coal, and nuclear energy resources. Such review shall not include agency actions that are mandated by law, necessary for the public interest, and consistent with the policy set forth in section 1 of this order." Section 2(b) of EO 13783 further defines "burden" as actions that "unnecessarily obstruct, delay, curtail, or otherwise impose significant costs on the siting, permitting, production, utilization, transmission, or delivery of energy resources." The types of agency actions that are covered under Section 2(a) of EO 13783 include, but are not limited to, agency actions that materially: (1) Affect the design and/or location of domestic energy production; (2) Affect the design and/or location of drilling or mining of energy production resources; and 2 (3) Limit the use of certain sources of energy, such that the development of domestically produced energy resources from a certain sector may be negatively affected. Agencies are not required to review agency actions that meet all of the following requirements: (1) Mandated by law; (2) Necessary for the public interest; and (3) Consistent with the policy set forth in Section 1 of EO 13783. Agency heads should apply reasonable discretion in assessing which agency actions may rise to the level of potential burden on the development or use of domestically produced energy resources under EO 13783. Section III. Requirements A. Plan As stated above, the heads of all agencies are required to provide a plan by May 12, 2017, to the OMB Director and also provide the plan to the Vice President, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chair of the CEQ. The plan should include, at a minimum, how the agency intends to: (1) Identify agency actions or categories of actions that potentially burden the development or use of domestically produced energy resources; (2) Seek input from entities significantly affected by those agency actions; (3) Classify those agency actions; (4) Review those agency actions, including any quantitative analysis (eg., costs, lost production) the agency plans to perform; and (5) Develop recommendations that could alleviate or eliminate the potential burden. The classification should, at a minimum, identify the energy source potentially affected (e.g., oil, natural gas, coal, nuclear, renewable); the type of agency action (eg., rule, order, guidance document, policy, or other similar agency actions); and whether the potential effects are direct or indirect. The classification should also identify actions that the agency believes are exempt because they are mandated by law, necessary for the public interest, and consistent with the policy set forth in Section 1 of EO 13783, along with a brief explanation of the basis for this determination. If an agency does not believe that it has any agency actions that potentially burden the development or use of domestically produced energy resources, then the agency should state that in a written statement to the OMB Director, along with a brief explanation of the basis for this determination. If an agency has actions that potentially burden the development or use of domestically produced energy resources, but does not believe that these actions are suitable for further review because they are mandated by law, necessary for the public interest, and consistent 3 Agencies shall publish their final reports in the Federal Register and on the agency website, as well as submit copies to the OMB Director, the Vice President, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, and the Chair of the CEQ. 5 Agency u agmcy XXXX YYY RIN/Agency Refermcal (ifapplicable) "T*" ZZZZZ Agency Action Title Action FWIrniimry Summery Guidance Document ABCDE Description: The purpose of this IM was to establish 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 was intended to create more Timeframe Expected Start Date Finalization 10/2017 04/2018 IM 2010-117, Oil and Gas Leasing Reform Land Use Planning and Lease Parcel Reviews IM 2013-101, Oil and Gas Leasing Reform Master Leasing Plans (MLPs) IM 2013-177, National Environmental Policy Act (NEPA) Compliance for Oil and Gas Lease Reinstatement Petitions IM 201 anagement Plan Revis Amendments - Oil & Gas Leasing and Onshore Orders Nos. 3, 4 and 5 values when the BLM makes leasing decisions, provide for consideration of natural and cultural resources as well as public involvement with an awareness of the surrounding land ownership. The IM was also intended to reduce the backlog of unissued leases. Effects: The IM has resulted in longer time frames to provide analysis and responses to protests and appeals, as well as longer lead times for districts to clear parcels for sale. It has also resulted in increased workload and staffing needs to conduct Description: This IM supplements existing BLM policy and guidance for prcessing ^pU^Uom 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. Effects: The effect of this IM has been extended lead times for leasing while the BLM completes the public scoping and analysis for Master Leasing Plans. In addition, many areas have also been removed from leasing in recent years through the MLP process. Description: This IM 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 r supplemental NEPA analysis and documentation before approving a Class I or Class II oil and gas lease reinstatement petition. Effects: This IM has resulted in additional analysis and review time that often involves another Surface Management Agency and, in some instances, has led to adding new lease stipulations prior to lease reinstatement. Description: This IM provides guidance on prioritizing implementation decisions for BLM oil and gas leasing and development, to be consistent with 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 Greater sage-grouse 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. Effects: This IM requires additional analysis and staff time to screen parcels and weigh potential impacts to the Greater sage-grouse before the parcels are offered for leasing. It also requires additional analysis and staff time to process drilling permit approvals near Greater sage-grouse Description These three concurrent rulemakings updated and replaced Onshore Orders for site security, oil measurement, and gas measurement regulations that 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. Effects: Combined, the new regulations improve the ability of the BLM to ensure accurate measurement, accountability, and proper reporting of oil and gas produced from Federal and Indian land in order to ensure that taxpayers and Indian tribes receive their fair share of royalty due. The new regulations also provide a process for approving new technology that 5/17/2010 8/13/2013 9/1/2016 1/17/2017 regulations impose new cost burdens on peratrs. The cost estimates for each individual rule are as follows: Affected Natural Gas Primary Estimate $75 $30 Low Estimate $10 $5 High Estimate $150 $50 Inye^ How Implementation wiH be Tiracktd 5 AAAAEEE r---i----t with th- Mandated Necessary for Policy Set Forth in Required to be by Law TP^T Section 1 of EO Reviewed Yes Yes No Yes 1 of 2 IM 2016-140, Process for Assessing, Coordinating, and Implementing Gres grouse Land Use Plan Adaptive Man; Hard and Soft Triggers BLM Land Use Planning Handbook, H-1601-1, Appendix C Description: This IM 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). Effects: This IM requires consistent timelines, state/local coordination, and public outreach for evaluating the triggers and responses required by the plans. Implementation of an adaptive management process may also slow the rate of energy development. Description: The Land Use Planning Handbook describes the BLM's overall planning process. Appendix C of the Planning Handbook provides a brief summary of each program's decisions, including consideration of restrictions. As such, it provides summary information on what restrictions each program may propose in a planning process. Effects: Based on the information in Appendix C of the Land Use Planning Handbook, the regulations, manuals, handbooks, and IMs for each program that may put restrictions on uses can be individually assessed. Whether the individual program's restrictions constitute a potential burden, however, is based at least in part on the actual decisions made in each individual Resource Management Plan. 9/1/2016 3/11/2017 2 of 2