Document YG0r2ZVpVnGMyzJJnqX98NX5D

Agency RIN/Agency Sub Identifier agency l(if applicable) BLM Referenced Recommendation Number Agency Action Title Type of Agency Action Permanent Instruction Policy Memorandum (Permanent IM) 2017-003 (Jan. 12, 2017) -- The Council on Environmental Quality Guidance on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews Timeframe Preliminary Summary Expected Expected Start Date Finalization This Permanent IM transmits the CEQ guidance on consideration of greenhouse gas (GHG) emissions and the effects of (XX/20XX) (XX/20XX) 07/2017 TBD climate change in NEPA reviews. This Memorandum also provides general guidelines for calculating reasonably foreseeable direct and indirect GHG emissions of proposed actions. As the CEQ guidance was withdrawn pursuant to Section 3 of Executive Order 13783, the BLM Permanent IM will be rescinded. A re-issued IM would clarify that downstream or indirect effects may be difficult to quantify, especially when production or modeling information is not available (such as with a lease sale in an exploratory area). Clarified guidance would reduce or eliminate speculative NEPA analysis in such situations. It would also relieve BLM offices of attempting to quantify downstream emissions that are completely outside of the BLM sjurisdictional authority (e.g., refineries that process gas from a wide mix of sources, including non-Federal sources). Energy Industry Affected Multiple Industries Identified in IeO 13771 and/or IeO 13777 No Costs or Cost Savings (Present Value Monetized $millions/year in 2016 dollars) Primary Estimate 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 Length of Time How that Cost Savings Implementation will Occur be Tracked (in years) Mandated by Law TBD Implementation will be No tracked by the BLM. The agency point of contact will be Steve Tryon. Necessary for the Public Interest Yes Consistent with the Policy Required to Set Forth in Section 1 of EO be 13783 Reviewed Yes Unknown BLM Mitigation Manual Section (MS1794) and Handbook (H-1794-1) Policy The Mitigation Manual Section and Handbook provide direction on the use of mitigation, including compensatory 07/2017 mitigation, to support the BLM s multiple use and sustained yield mandates. The 2016 Manual and Handbook replaced several IMs (IM Numbers 2005-069, 2008-204, and 2013-14) issued by BLM for the same purpose. The 2016 Manual and Handbook encourage identification of mitigation standards that seek to achieve "no net loss" or ``net benefit" for resources that BLM has determined are important, scarce, sensitive, or that have a protective legal mandate. A ``net benefit" standard may burden development or use of domestically produced energy resources and may be appropriate only in limited circumstances, for example where it is voluntary or will clearly benefit BLM-managed resources, the states, local communities, industry, and other primary stakeholders. This potential burden would be reduced or eliminated through revision of the Mitigation Manual and Handbook, specifically through identifying a mitigation standard that is generally not more protective than ``no net loss." Other revisions, such as clarifying what resources require compensatory mitigation, and how to calculate the appropriate kind and amount of compensatory mitigation, may further reduce this potential burden. TBD Multiple Industries No TBD TBD TBD TBD TBD TBD TBD Implementation will be No Yes Yes tracked by the BLM. The agency point of contact will be Kristin Bail. Unknown BLM BLM Manual 6220 - National Monuments, National Conservation Areas, and Similar Designations Policy Manual 6220 provides guidance for managing BLM National Conservation Lands designated by Congress or the President 07/2017 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 (FLPMA), and the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7202). Manual 6220 requires that when processing a new ROW application, to the greatest extent possible, through the NEPA process the BLM will determine the consistency of the ROW with the Monument or NCA s objects and values; consider routing or siting the ROW outside of the 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 any 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. 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. Dependent upon Multiple Industries No mitigation guidance completion TBD TBD TBD TBD TBD TBD TBD Implementation will be No tracked internally by the Bureau of Land Management. The point of contact will be Nikki Moore. Yes. This manual N/A was put in place to improve management of Presidentially or Congressinally designated areas. It provides uniform guidance and streamlines management. Unknown BLM BLM BLM BLM BLM Manual 6400 - Wild and Policy Scenic Rivers, Policy and Program Direction for Identification, Evaluation, Planning, and Management Manual 6400 provides guidance for management of eligible and suitable wild and scenic rivers and designated wild and scenic rivers in order to fulfill obligations from the Wild and Scenic Rivers Act. Subject to valid existing rights, the manual, states that minerals in any Federal lands that constitute the bed or bank or are situated within V mile of the 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 (not a study river). The manual allows for 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 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. Manual 6400 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 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 Wild and Scenic River Act, Manual 6400 will be reviewed for opportunities to clarify discretionary decision-space. 07/2017 Dependent upon Multiple Industries No mitigation guidance completion BLM Manual 6280 - Management Policy of National Scenic and Historic Trails and Trails under Study or Recommended as Suitable for Congressional Designation 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 Policy 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 and purposes for which a National Trail is designated. 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 This IM informs BLM State Directors that they must provide the BLM Washington Office (WO) with ajustification when 07/2017 seeking a royalty rate reduction (RRR). A copy of the State s draft decision must accompany thejustification 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. Sec 6 of E.O. 13783 and Secretarial Order 3348 ended the pause on coal leasing, ended the 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 Secretarial Order 3349. Issues around 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. As a part of the BLM s response to Executive Order 13783, and Secretarial Orders 3348 and 3349, the BLM is reviewing 07/2017 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," was responsive to recommendations identified in GAO report 14-140. Policy IM 2017-035 replaced IM 2014-019, and 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. 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 IM created new burdens from the reporting requirements, impacting BLM s staff responsible for responding to coal-related applications. Changes made in a new policy will minimize and largely prevent the coal application impacts 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. Dependent upon Multiple Industries No mitigation guidance completion 09/2017 Coal No First quarter of Coal No FY 2018 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Implementation will be No tracked internally by the Bureau of Land Management. The point of contact will be Nikki Moore. Yes. This manual N/A was put in place to improve management of Congressinally designated areas. It provides uniform guidance and streamlines management. Implementation will be No tracked internally by the Bureau of Land Management. The point of contact will be Nikki Moore. TBD No Yes. This manual N/A was put in place to improve management of Congressinally designated areas. It provides uniform guidance and streamlines Yes No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Unknown Unknown Yes Yes BLM BLM BLM BLM BLM BLM IM 2017-037, Waste Mine Policy This IM is being reviewed for likely rescission in response to Executive Order 13783, and Secretarial Orders 3348 and 07/2017 First quarter of Coal No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Yes Methane Policy 3349. Policy IM 2017-037 establishes national policies and processes for voluntary activities by operators to capture FY 2018 waste mine methane from underground coal or other solid mineral mines. The policy would allow waste mine methane to be put to productive use, including offering it for sale, instead of venting it to the atmosphere. All of the activities outlined in the policy are voluntary and would only be implemented if both the BLM and the mine operator agree. If the BLM and operator agree to implement the activities, the operator could incur additional costs. However, the BLM assumes that the operator would only choose to implement the activities if the benefits outweigh the costs. Although this policy is based on voluntary collection of waste mine methane, the BLM has decided to rescind this IM, therefore alleviating any potential burden associated with this policy. The BLM anticipates completing review and revision of this policy in the first quarter of FY 2018. Regulation Oil and Gas; Hydraulic Regulation The review of the Hydraulic Fracturing regulation by the BLM is in response to Executive Order 13783. The BLM final 03/2017 Second quarter Oil No -$20 -$24 -$12 -$14 -$27 -$32 10 Implementation will be No Yes No Yes Fracturing on Federal and Indian rule on hydraulic fracturing serves as a complement to update existing regulations designed to ensure the environmentally of FY 2018 tracked internally by the Lands, 80 Fed. Reg. 16128 responsible development of oil and gas resources and protection of other downhole zones on Federal and Indian lands. Bureau of Land The BLM initiated the rule in response to the increasing use and complexity of hydraulic fracturing coupled with advanced Management. The point horizontal drilling technology. This technology has opened large portions of Federal and Indian lands to oil and gas of contact will be development. Some provisions of the rule add regulatory burdens that unnecessarily encumber energy production, Timothy Spisak constrain economic growth, and prevent job creation. Portions of the rule also overlap with current Environmental Protection Agency provisions. Due to ongoing litigation and a court-ordered stay, this regulation has never gone into effect and therefore has not become a burden on energy-producers. This regulation will be rescinded. Waste Prevention, Production Regulation The "Venting & Flaring Rule," formally known as the "Waste Prevention, Production Subject to Royalties, and Resource 05/2017 Fourth quarter of Oil No N/A N/A -$69 -$101 -$79 -$115 10 Implementation will be No Yes No Yes Subject to Royalties, and Resource Conservation" rule, replaced the requirements related to venting, flaring, and royalty-free use of gas contained in the 1979 FY 2018 tracked internally by the Conservation, 81 Fed. Reg. 83008 "Notice to Lessees and Operators of Onshore Federal and Indian Oil and Gas Leases, Royalty or Compensation for Oil Bureau of Land and Gas Lost" (NTL-4A). The BLM codified the new rule at new 43 CFR subparts 3178 and 3179. In response to Management. The point Executive Order 13783, the BLM is reviewing this rule for greater efficiencies and potential burdens to industry. This of contact will be recent rulemaking includes provisions to make regulatory and statutory authority consistent with respect to royalty rates Timothy Spisak 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. 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 rule to eliminate overlap with EPA provisions and incentivize the capture of associated gas production from oil wells and other fugitive gas sources from Federal and Indian production. IM 2010-117, Oil and Gas Leasing Policy The BLM has identified Policy IM 2010-117 for review under the directives provided by Executive Order 13783. This 06/2017 First quarter of Oil No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Yes Reform - Land Use Planning and policy will be replaced with revised guidance for the purpose of establishing greater efficiencies in the oil and gas leasing FY 2018 Lease Parcel Reviews process. Policy IM 2010-117 established a process for leasing of oil and gas resources on Federal lands. The BLM intended the IM to reduce the backlog of unissued leases. The IM has resulted in longer time frames to provide analysis and responses to protests and appeals, as well as longer lead times for the BLM to clear parcels for sale. It has also resulted in increased workload and staffing needs to conduct additional upfront environmental analysis. The BLM has undertaken an effort to revise the leasing reform policy and to streamline the process, from receiving an Expression of Interest to competitively offering the nominated acreage in a lease sale. Under leasing reform, the process can last up to 16 months and sometimes longer from acres nominated through offered at a lease sale. The BLM is examining ways to significantly reduce this time by as much as 8-10 months. The BLM plans to have completed revising the leasing process in the first quarter of FY 2018. IM 2013-101, Oil and Gas Leasing Policy This IM is under review by the BLM as directed by Executive Order 13783. The policy announced the incorporation of 06/2017 The BLM Oil No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Yes Reform - Master Leasing Plans Master Leasing Plans (MLP) in the oil and gas leasing process, further explained in Chapter V of the BLM Handbook H- expects to (MLPs) 1624-1, titled "Planning for Fluid Mineral Resources." The IM establishes a process for integrating an MLP into the land rescind this IM use planning process. The BLM has extended this IM several times while the BLM completes the public scoping and and complete the analysis for MLPs. An unintended consequence of this policy has been that many areas open to oil and gas leasing have revision of the been deferred from leasing while they await the completion of the MLP process.The BLM has undertaken an effort to above BLM revise the leasing reform and MLP policy and to re-establish the BLM Resource Management Plans (RMPs) as the source Handbook, as of lands available for fluid minerals leasing. The BLM is currently evaluating existing MLP efforts with the goal of well as any other ending this approach. The BLM expects to rescind this IM and complete the revision of the above BLM Handbook, as relevant BLM well as any other relevant BLM handbooks, in the first quarter of FY 2018. handbooks, in the first quarter of FY 2018 IM 2013-177, National Policy Policy IM 2013-177 is under review as directed by Executive Order 13783. This IM directs all BLM oil and gas leasing 06/2017 First quarter of Oil No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Yes Environmental Policy Act (NEPA) Field Offices to 1) ensure RMP conformance; 2) evaluate the adequacy of existing NEPA analysis and documentation; FY 2018 Compliance for Oil and Gas Lease and 3) complete any necessary new or supplemental NEPA analysis and documentation before approving a Class I or Reinstatement Petitions 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. The lease reinstatements were once at the level of a ministerial review. IM 2013-177 changed that in significant ways, resulting in additional NEPA review and significantly greater timeframes for completing the reinstatement. Rescinding or modifying this policy will greatly reduce timeframes to make decisions on lease reinstatement requests. The BLM expects to complete review of this policy in the first quarter of FY 2018. Onshore Orders Nos. 3, 4 and 5 Regulation The burdens placed on industry through these three new regulations are being reviewed as directed under E.O. 13783. TBD Fourth quarter of Oil No TBD TBD TBD TBD TBD TBD TBD TBD No Yes No Yes These three concurrent rulemakings updated and replaced BLM s Onshore Orders for site security, oil measurement, and FY 2017 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 CFR part 3170. 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. Combined, the new regulations impact the BLM s ability to ensure accurate measurement, accountability, and proper reporting of oil and gas produced from Federal and Indian land, to ensure that taxpayers and Indian tribes receive their fair share of royalty due. The regulations impose new cost burdens on operators for facilities 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 annual 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. These new regulations provide a much-needed update of the prior regulations and Onshore Orders. While they do establish a cost burden on industry, it is important to note that there is a significant and direct benefit to the government s collection of oil and gas royalties. The BLM is currently assessing the rules to determine if additional revision is 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 of possible 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. BLM BLM BLM IM 2016-140, Implementation of Policy Greater Sage-grouse Resource Management Plan Revisions or Amendments - Oil & Gas Leasing and Development Sequential Prioritization Policy IM 2016-140 is being reviewed for the purpose of enhancing consistency and certainty for oil and gas development 06/2017 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 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 areas. Land Use Planning and National Policy/ The BLM s land use planning regulations and policies are outlined in 43 CFR subpart 1610, Resource Management 03/2017 Environmental Policy Act Policies Guidance/ Planning; BLM Manual Section 1601; and BLM Handbook 1601-1. The BLM s policies for complying with NEPA are and Procedures Regulations 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. 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 submit a report to the Secretary outlining recommended actions. Fourth quarter of Oil No FY 2017 TBD Multiple Industries No Greater Sage-Grouse Conservation Planning Policies and Plans 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 minerals are developed within the range of the GRSG. Pursuant to Secretarial Order 3353, "Greater Sage-Grouse Conservation and Cooperation with Western States," a Department of the Interior Sage-Grouse Review Team (Review Team) is working with the StateFederal Sage-Grouse Task Force to identify opportunities for greater collaboration, better align federal and state plans for the GRSG, support local economies andjobs, and consider new and innovative ways to conserve sage-grouse in the long term. Pursuant to the Secretarial Order, in August 2017, the Review Team will submit a report to the Secretary summarizing their review and providing recommendations regarding next steps. 6/2017 TBD Multiple Industries No TBD TBD TBD TBD TBD TBD TBD TBD No Yes Unknown TBD TBD TBD TBD TBD TBD TBD Implementation will be Yes Yes Yes tracked by the BLM. The agency point of contact will be Steve Tryon. TBD TBD TBD TBD TBD TBD TBD Implementation will be No Yes Yes tracked by the BLM. The BLM point of contact is Karen Kelleher. Unknown Unknown