Document 4JDrBg16yn3J6g4Vwo5wwo6B1

Agency Sub-agency RIN/Agency Identifier (if applicable) BLM BLM BLM BLM BLM BLM BLM BLM BLM Referenced Recommendation Number Agency Action Title Permanent Instruction Memorandum (Permanent Mitigation Manual Section (MS-1794) and BLM Manual 6220 - National Monuments, National Conservation Areas, and Similar Designations Type of Agency Action Policy Policy BLM Manual 6400 - Wild and Scenic Rivers, Policy and Program Direction for Identification, Evaluation, Planning, and Management Policy BLM Manual 6280 - Management of National Scenic and Historic Trails and Trails under Study or Recommended as Suitable for Congressional Designation Policy Policy IM 2014-156, Supplemental Guidance on Processing Royalty Rate Reduction Applications Policy IM 2017-035, Publicly Accessible Bureau of Land Management Websites for Information Regarding Federal Coal Program Leasing, Exploration Licensing, and Royalty Rate Reductions IM 2017-037, Waste Mine Methane Policy Regulation Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands, 80 Fed. Reg. 16128 Policy Policy Regulation Waste Prevention, Production Subject to Royalties, and Resource Conservation, 81 Fed. Reg. 83008 Regulation Preliminary Summary 1. Description. This Permanent IM transmits the CEQ guidance on consideration of greenhouse gas (GHG) emissions and 1. Description. The Mitigation Manual Section and Handbook provide direction on the use of mitigation, including Expected Start Date |(XX/20XX) 07/2017 07/2017 07/2017 Timeframe Expected Finalization (XX/20XX) TBD TBD 1. Description. Manual 6220 provides guidance for managing BLM National Conservation Lands designated by Congress or the President as National Monuments, National Conservation Areas, and similar designations (NM/NCA) in order to comply with the designating Acts of Congress and Presidential Proclamations, Federal Land Policy and Management Act of 1976 (FLFMA), and the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7202). Manual 6220 requires that when processing a new ROW application, the BLM will determine, to the greatest extent possible, through the NEPA process, the consistency of the ROW with the Monument or NCA's objects and values; consider routing or siting the ROW outside ofthe Monument or NCA; and consider mitigation of the impacts from the ROW. Land use plans must identify management actions, allowable uses, restrictions, management actions regarding ary valid existing rights, and mitigation measures to ensure that the objects and values are protected. The manual requires that a land use plan for a Monument or NCA should consider closing the area to mineral leasing, mineral material sales, and vegetative sales, subject to valid existing rights, where that component's designating authority does not already do so. 2. Opportunities to Address Burden or Other Issues of Concern. A review of Manual 6220 to identify where clarity could be provided for mitigation, notification standards, and compatible uses, may potentially reduce or eliminate burdens. The BLM will review Manual 6220 following the proposed revisions to the BLM Mitigation Manual Section (MS-1794) and Handbook (H-1794-1) to ensure that Manual 6220 conforms to the BLM's revised mitigation guidance. 07/2017 1. Description. Manual 6400 provides guidance for managing eligible and suitable wild and scenic rivers and designated wild and scenic rivers in order to fulfill requirements found in the Wild and Scenic Rivers Act (WSRA). Subject to valid existing rights, the manual states that minerals in any Federal lands that constitute the bed or bank or are situated within 14 mile ofthe bank of any river listed under Section 5(a) are withdrawn from all forms of appropriation under the mining laws, for the time periods specified in Section 7(b) of the WSRA . The manual allows new leases, licenses, and permits under mineral leasing laws be made, but requires that consideration be given to applying conditions necessary to protect the values of the river corridor. For wild river segments, the manual requires that new contracts for the disposal of saleable mineral material, or the extension or renewal of existing contracts, should be avoided to the greatest extent possible to protect river values. 2. Opportunities to Address Burden or Other Issues of Concern. Manual 6400 will be reviewed following the proposed revisions to the BLM Mitigation Manual Section and Handbook to ensure that it conforms to the BLM revised mitigation guidance. Although the requirements for minerals and mineral withdrawals are legally mandated under the mining and mineral leasing laws in Sections 9(a) and 15(2) of the WSRA, Manual 6400 will be reviewed for opportunities to clarify discretionary decision-space. 07/2017 1. Description. Manual 6280 provides guidance for managing trails under study, trails recommended as suitable, and congressionally designated National Scenic and Historic Trails to fulfill the requirements of the National Trails System Act (NTSA) and the Federal Land Policy and Management Act. Manual 6280 identifies mitigation as one way to address substantial interference with the natural resources and purposes for which a National Trail is designated. 2. Opportunities to Address Burden or Other Issues of Concern. Manual 6280 will be reviewed following the proposed revisions to the BLM Mitigation Manual Section and Handbook to ensure it conforms to the BLM revised mitigation guidance. Although many of the requirements are legally mandated under the National Trails System Act, Manual 6280 will be reviewed for opportunities to clarify any discretionary decision-space to reduce or eliminate burdens. 07/2017 1. Description. This IM informs BLM State Directors that they must provide the BLM Washington Office (WO) with a justification when seeking a royalty rate reduction (RRR). A copy of the State's draft decision must accompany the justification when requesting WO concurrence. Further, this IM augments and reiterates the existing policy for processing RRR applications. This policy has resulted in a delay to the processing of RRR applications as it has imposed an additional level of review of the BLM State Directors' decisions. However, the BLM should assure that all RRRs meet the necessary regulatory standards, considering the public and Congressional scrutiny surrounding these actions. 2. Opportunities to Address Burden or Other Issues of Concern. Sec 6 of E.O. 13783 and Secretary's Order 3348 ended the pause on coal leasing, ended the development ofthe coal Programmatic EIS, and called for the resumption of coal leasing under an improved coal leasing program. Policy IM 2014-156 is under review as a portion of the BLM response to E.O. 13783, Sec. 2, and Secretary's Order 3349. Issues surrounding this policy, and possible changes to the policy, are also addressed in the Report to the Secretary on Recommendations for Streamlining the Federal Coal Leasing and Permitting Process. The Coal Report is being prepared to identify potential improvements and efficiencies to the coal leasing program, and is expected to be finalized within 30 days. 07/2017 1. Description. As a part of the BLM's response to Executive Order 13783 and Secretarial Orders 3348 and 3349, the BLM is reviewing both IM 2017-035 and IM 2014-019 for rescission and replacement with the goal of responsibly reporting coal leasing information, while reducing or eliminating coal leasing program burdens that the prior policies may have created. Policy IM 2014-019, "Publicly Accessible Bureau of Land Management Websites for Coal Leasing Information," responded to recommendations identified in GAO report 14-140. Policy IM 2017-035, which replaced IM 2014-019, was a product of public input during coal program listening sessions held during calendar year 2015. Policy IM 2017-035directs BLM offices to post and update specified Federal coal program information on BLM publicly accessible websites, including: (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 RRR applications; and (4) summary information on the Federal coal program. 2. Opportunities to Address Burden or Other Issues of Concern. The goal of IM 2017-035 was to lift the burden of responding to public and other requests for coal information, including Freedom of Information Act (FOIA) requests. The requirements in IM 2017-35 imposed new, unnecessary responsibilities and burdens onBLM staff responsible for responding to applications to explore and develop coal resources. The changes contemplated in the new policy will minimize and largely prevent the impacts to efficiently processing coal applications , while also addressing the need to publically post coal leasing information. The BLM expects to complete implementation of the policy in the first quarter of Fiscal Year (FY) 2018. Orders 3348 and 3349. Policy IM 2017-037 establishes national policies and processes for voluntary activities by operators 07/2017 to capture waste mine methane from underground coal or other solid mineral mines. The policy would allow waste mine 03/2017 1. Description. The BLM's review of the Hydraulic Fracturing Rule responds to Executive Order 13783. The Rule intended to complement updates to existing regulations designed to ensure the environmentally responsible development of oil and gas resources and protection of other downhole zones on Federal and Indian lands. The BLM initiated the rule in response to the increasing use and complexity of hydraulic fracturing, coupled with advanced horizontal drilling technology. This technology has opened large portions of Federal and Indian lands to oil and gas development. However, some provisions the Rule add unnecessary regulatory burdens that encumber energy production, constrain economic growth, and prevent job creation. Furthermore, the BLM's review of the 2015 final rule included a review of state laws an regulations which indicated that most states are either currently regulating or are in the process of regulating hydraulic fracturing. When the 2015 final rule was issued, 20 of the 32 states with currently existing Federal oil and gas leases had regulations addressing hydraulic fracturing. In the time since the promulgation of the 2015 final rule, an additional 12 states have introduced laws or regulations addressing hydraulic fracturing. As a result, all 32 states with Federal oil and gas leases currently have laws or regulations that address hydraulic fracturing operations. In addition, some tribes with oil and gas resources have also taken steps to regulate oil and gas operations, including hydraulic fracturing, on their lands. The redundancy of the rule is furthered as portions of it also overlap with current Environmental Protection Agency provisions. 2. Opportunities to Address Burden or Other Issues of Concern. Due to ongoing litigation and a court-ordered stay, this regulation has never gone into effect. This regulation will be rescinded. 05/2017 1. Description. The "Venting & Flaring Rule," formally known as the "Waste Prevention, Production Subject to Royalties, and Resource Conservation" rule, replaced the requirements related to venting, flaring, and royalty-free use of gas contained in the 1979 "Notice to Lessees and Operators of Onshore Federal and Indian Oil and Gas Leases, Royalty or Compensation for Oil and Gas Lost" (NTL-4A). The BLM codified the new rule at new 43 CFR subparts 3178 and 3179. In response to Executive Order 13783, the BLM is reviewing this rule to determine where greater efficiencies can be gained and in light of potential burdens to industry. This recent rulemaking includes provisions to make regulatory and statutory authority consistent with respect to royalty rates that may be levied on competitively offered oil and gas leases on Federal lands. Some provisions of the rule add regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation. Portions of the rule also overlap with current Environmental Protection Agency (EPA) provisions. 2. Opportunities to Address Burden or Other Issues of Concern. To reduce the regulatory burden on the energy industry, the BLM is revising the regulation to delay the phased-in implementation dates. This will provide industry additional time to plan for and engineer responsive infrastructure modifications that will comply with the regulation. The BLM expects to complete the revision of the regulation in the fourth quarter of FY 2018. Further, the BLM plans to modify the existing rult to eliminate overlap with EPA provisions and incentivize the capture of associated gas production from oil wells and other fugitive gas sources from production that occurs on Federal and Indian lands. Dependent upon mitigation Dependent upon mitigation guidance completion Dependent upon mitigation 09/2017 First quarter of FY 2018 First quarter of FY 2018 Second quarter of FY 2018 Fourth quarter of FY 2018 Energy Industry Affected Multiple Industries Multiple Industries Multiple Industries Multiple Industries Multiple Industries Coal Coal Coal Oil Oil Identified in IeO 13771 and/or |EO 13777 No No Costs or Cost Savinas (Present Value Monetized $millions/year in 2016 dollars) Range, if available Low Estimate High Estimate 7 percent 3 percent 7 percent 3 percent 7 percent 3 percent TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Length of Time that Cost Savings (in years) How Implementation will be Tracked Mandated by law Necessary for the Public Interest TBD BLM. The agency point of contact will No Yes TBD BLM. The agency point of contact will No Yes Consistent with the Policy Set Forth in Section 1 of EO 13783 Required to be Reviewed Yes Unknown Yes Unknown No TBD TBD TBD TBD TBD TBD TBD No TBD TBD TBD TBD TBD TBD TBD No TBD TBD TBD TBD TBD TBD TBD Implementation will be tracked internally by the Bureau of Land Management. The point of contact will be Nikki Moore. No Yes. This manual was put in place to improve management of Presidentially or Congressinally designated areas. It provides uniform guidance and streamlines management. N/A Implementation will be tracked internally by the Bureau of Land Management. The point of contact will be Nikki Moore. No Yes. This manual was put in place to improve management of Congressinally designated areas. It provides uniform guidance and streamlines management. N/A Implementation will be tracked internally by the Bureau of Land Management. The point of contact will be Nikki Moore. No Yes. This manual was put in place to improve management of Congressinally designated areas. It provides uniform guidance and streamlines management. N/A Unknown Unknown Unknown No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Yes No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Yes No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Yes Implementation will be tracked internally by the Bureau of Land Management. The point of contact will No -$20 -$24 -$12 -$14 -$27 -$32 10 be Timothy Spisak No Yes No Yes Implementation will be tracked internally by the Bureau of Land Management. The point of contact will No N/A N/A -$69 -$101 -$79 -$115 10 be Timothy Spisak No Yes No Yes BLM IM 2010-117, Oil and Gas Leasing Reform - Land 06/2017 First quarter of FY 2018 Use Planning and Lease Parcel Reviews 1. Description. The BLM has identified Policy IM 2010-117 for review under the directives provided by Executive Order 13783. This policy will be replaced with revised guidance for the purpose of establishing greater efficiencies in the oil and gas leasing process. Policy IM 2010-117 established a process for leasing oil and gas resources on Federal lands. The BLM intended the IM to reduce the backlog of unissued leases. However, the IM has resulted in longer time frames in analyzing and responding to protests and appeals, as well as longer lead times for the BLM to clear and make available parcels for oil and gas lease sales. It has also resulted in increased workload and staffing needs to conduct additional upfront environmental analysis. 2. Opportunities to Address Burden or Other Issues of Concern. The BLM has undertaken an effort to revise and reform its leasing policy and to streamline the leasing process, from beginning (i.e. receipt of an Expression of Interest) to end (competitively offering the nominated acreage in a lease sale). Under existing policies and procedures, the process can take up to 16 months (and sometimes longer) from the time lands are nominated to the time a lease sale occurs. The BLM is examining ways to significantly reduce this time by as much as 8-10 months. The BLM plans to complete revisions to the leasing process in the first quarter of FY 2018. Policy Oil No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Yes BLM IM 2013-101, Oil and Gas Leasing Reform - 06/2017 Ihe BLM expects to rescind this Master Leasing Plans (MLPs) 1. Description. This IM is under review by the BLM as directed by Executive Order 13783. The policy announced the incorporation ofMaster Leasing Plans (MLPs) in the oil and gas leasing process, further explained in Chapter V of the BLM Handbook H-1624-1, entitled "Planning for Fluid Mineral Resources." The IM establishes a process for integrating an MLP into the land use planning process. The BLM has extended this IM several times while the BLM completes the public scoping and analysis for MLPs. An unintended consequence of this policy has been that many areas open to oil and IM and complete the revision of the above BLM Handbook, as well as an^ other relevant BLM handbooks, in the first quarter of FY 2018 gas leasing have been deferred from leasing while they await the completion ofthe MLP process. 2. Opportunities to Address Burden or Other Issues of Concern. The BLM has undertaken an effort to revise the leasing reform and MLP policy and to re-establish the BLM Resource Management Plans (RMPs) as the source of lands available for fluid minerals leasing. The BLM is currently evaluating existing MLP efforts with the goal of ending this approach. The BLM expects to rescind this IM and complete the revision of the above BLM Handbook, as well as ar^ other relevant BLM handbooks, in the first quarter of FY 2018. Policy Oil No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Yes BLM IM 2013-177, National Environmental Policy Act 06/2017 First quarter of FY 2018 (NEPA) Compliance for Oil and Gas Lease Reinstatement Petitions 1. Description. Policy IM 2013-177 is under review as directed by Executive Order 13783. This IM directs all BLM oil and gas leasing Field Offices to: 1) ensure RMP conformance; 2) evaluate the adequacy of existing NEPA analysis and documentation; and 3) complete an^ necessary new or supplemental NEPA analysis and documentation before approving a Class I or Class II oil and gas lease reinstatement petition. 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. 2. Opportunities to Address Burden or Other Issues of Concern. Lease reinstatements were previously considered a ministerial matter, entailing a commensurate level of review and process to complete. However, IM 2013-177 changed tha in significant ways, resulting in additional NEPA review and significantly greater timeframes for completing the reinstatement. Rescinding or modifying this policy will greatly reduce decision-making timeframes on lease reinstatement requests. The BLM expects to complete review of this policy in the first quarter of FY 2018. Policy Oil No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Yes BLM Onshore Orders Nos. 3, 4 and 5 TBD Fourth quarter of FY 2017 1. Description. The burdens placed on industry through these three new regulations are being reviewed as directed under E.O. 13783. These three rulemakings, which were promulgated and issues concurrently, updated and replaced BLM's Onshore Orders for site security, oil measurement, and gas measurement regulations, respectively, that had been in place since 1989. They are codified in the Code of Federal Regulations at 43 CFR parts 3173, 3174, and 3175. External and internal oversight reviews prompted these rulemakings and found that many of the BLM's production measurement and accountability policies were outdated and inconsistently applied. The new rules also address some of the Government Accountability Office concerns for high risk with regard to the Department's production accountability. These three regulations impose new cost burdens on operators as a result of oil and gas facility infrastructure changes. The cost estimates for each individual rule are as follows: Order 3, Site Security: $31.2 million in one-time costs, plus an $11.7 million increase in annual operating costs. Order 4, Oil Measurement: $3.3 million in one-time costs, plus a $4.6 million increase in annual operating costs. Order 5, Gas Measurement: $23.3 million one-time cost, plus $12.1 million increase in amual operating costs. The new regulations also provide a process for approving new technology that meets defined performance goals. Some provisions of the rule may have added regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation. 2. Opportunities to Address Burden or Other Issues of Concern. The BLM is currently assessing the rules to determine if additional revisions are needed beyond the already-implemented phase-in period for certain provisions, the ability for industry to introduce new technologies through a defined process, rather than through an exception request, and the built-in waivers or variances. The BLM expects to complete its assessment ofpossible changes to alleviate burdens that may have added to constraints on energy production, economic growth and job creation by the end of the fourth quarter of FY 2017. Regulation Oil No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Yes BLM IM 2016-140, Implementation of Greater Sage- 06/2017 Fourth quarter of FY 2017 grouse Resource Management Plan Revisions or Amendments - Oil & Gas Leasing and Development Sequential Prioritization 1. Description. Policy IM 2016-140 is being reviewed for the purpose of enhancing consistency and certainty for oil and gas development in areas of sage-grouse habitat as directed by Executive Order 13783. 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). The 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, and also contains reporting requirements for communication between BLM State Offices and the WO. The IM may have added administrative burdens since it requires additional analysis and stafftime 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 stafftime to process drilling permit approvals near Greater Sage-grouse areas. 2. Opportunities to Address Burden or Other Issues of Concern. The BLM's effort to avoid listing of the sage-grouse as an endangered species has affected man^ programs and a large area geographically. With new technologies and capabilities, such as long-reach horizontal boreholes in the oil and gas industry, the impacts need not be as significant as once perceived. Likewise, the administrative burden is better understood and is likely less than once thought. Efforts are underway to better understand these conditions and define ways in which energy production and sage-grouse protection may continue to co-exist. Greater consistency and predictability will provide greater stability for industry. The BLM is currently assessing the policy to determine what revisions are needed and expects to complete this review in the fourth quarter of FY2017. Policy Oil No TBD TBD TBD TBD TBD TBD TBD TBD No Yes Unknown BLM Land Use Planning and National Environmental 03/2017 TBD Policy Act Policies and Procedures 1. Description. The BLM's land use planning regulations and policies are outlined in 43 CFR subpart 1610, Resource Management Planning; BLM Manual Section 1601; and BLM Handbook 1601-1. The BLM's policies for complying with NEPA are outlined in BLM Handbook 1790-1. Taken together, these regulations, manuals, and handbooks establish the policies and procedures the BLM follows when conducting land use planning and complying with NEPA, including with respect to energy and mineral development. 2. Opportunities to Address Burden or Other Issues of Concern. Pursuant to the Secretarial Memorandum of March 27, 2017, entitled "Improving the Bureau of Land Management's Planning and National Environmental Policy Act Processes," the BLM is identifying potential actions it could take to streamline its planning and NEPA review procedures. As part of this identification process, the BLM is working with state and local elected officials and groups, including the Western Governors' Association and the National Association of Counties, to engage and gather input. The BLM also has invited tribes and the public to provide input on how the agency can make its planning and NEPA review procedures timelier, less costly, and more responsive to local needs. Pursuant to the Secretarial Memorandum, in September 2017, the BLM will Implementation will be tracked by the Policy/Guidance/Regulati submit a report to the Secretary outlining recommended actions. BLM. The agency point of contact will Multiple Industries No TBD TBD TBD TBD TBD TBD TBD be Steve Tryon. Yes Yes Yes Unknown Greater Sage-Grouse Conservation Policies and Plans 1. Description. In September 2015, the BLM incorporated Greater Sage-grouse (GRSG) conservation measures into its land use plans within the range of the GRSG. In September 2016, the BLM issued a number of IMs to help guide the implementation of the GRSG plans. These GRSG plans and policies will affect where, when, and how energy and mineral are developed within the range of the GRSG. 2. Opportunities to Address Burden or Other Issues of Concern. Pursuant to Secretary's Order 3353, "Greater Sage-Grouse Conservation and Cooperation withWestern States," a Department ofthe Interior Sage-Grouse ReviewTeam (Review Team) is working with the State-Federal Sage-Grouse Task Force to identify opportunities for greater collaboration, to better align Federal and State plans for the GRSG, support local economies and jobs, and consider new and innovative ways to conserve GRSG in the long-term. Pursuant to the Secretary's Order, in August 2017, the Review Team will submi Implementation will be tracked by the a report to the Secretary summarizing their review and providing recommendations regarding next steps. BLM. The BLM point of contact is BLM Planning 6/2017 TBD Multiple Industries No TBD TBD TBD TBD TBD TBD TBD Karen Kelleher. No Yes Yes Unknown