Document byqeE6eOXxaVG0kj49QmO5ZQO
Conversation Contents
Policy Review Discussion
Attachments:
19. Policy Review Discussion/3.1 Briefing Memo_2017_0405_track_changes.docx 19. Policy Review Discussion/3.2 Briefing Memo_2017_0405_clean.docx /9. Policy Review Discussion/4.1 Briefing Memo_2017_0405_clean.docx /9. Policy Review Discussion/5.1 Briefing Memo_2017_0405_clean.docx
Timothy Spisak <tspisak@blm.gov>
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Timothy Spisak <tspisak@blm.gov>
Wed Apr 05 2017 07:50:35 GMT-0600 (MDT)
Lonny Bagley <lbagley@blm.gov>, Shelley McGinnis <smcginnis@blm.gov>, Erica Pionke <epionke@blm.gov>, Alfred Elser <aelser@blm.gov>, "Donald (Don) Buhler" <dbuhler@blm.gov>, Mitchell Leverette <mleveret@blm.gov>, John Kalish <jkalish@blm.gov>, Steven Wells <s1wells@blm.gov>, Brenda Wilhight <bwilhigh@blm.gov>
Ruthie Jefferson <rjefferson@blm.gov>
Policy Review Discussion
To facilitate the effort to review these policy items, I'm going to suggest we all call-in with the docs open for discussion. That will allow us to quickly go through the list and Shelley will then add in/take out any that we wish adjust. Please forward to others that you want on the call.
Thanks Tim
`Serenity Now!' - Frank Costanza, Seinfeld, 1997
Timothy 'Tim' R. Spisak Acting Assistant Director, Energy, Minerals & Realty Management, WO-300 DOI-Bureau of Land Management 1849 C Street, NW Washington, D.C. 20240 tspisak@hlm.gov (202) 208-4201 office (202) 251-3079 cell
"McGinnis, Shelley" <smcginnis@blm.gov>
From:
"McGinnis, Shelley" <smcginnis@blm.gov>
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Wed Apr 05 2017 10:46:28 GMT-0600 (MDT) Timothy Spisak <tspisak@blm.gov>, Lonny Bagley <lbagley@blm.gov> Re: Policy Review Discussion
Tim and Lonny,
Below is a link to the March 28, 2017 Executive Order that prompted the Secretarial Order Secretarial 3349: https://11111011100.whitehouse.gov/the-press-office/2017/03/28/presidential-executive-orderpromoting-energy-independence-and-economi-1
For purposes of this order, "burden" means to unnecessarily obstruct, delay, curtail, or otherwise impose significant costs on the siting, permitting, production, utilization, transmission, or delivery of energy resources.
Our memo should identify existing Department Actions that potentially burden (as that term is defined in the March 28, 2017 E.O.) the development or utilization of domestically produced energy resources, with particular attention to oil, natural gas, coal, and nuclear resources.
On Wed, Apr 5, 2017 at 9:50 AM, Timothy Spisak <tspisak@blm.gov> wrote: To facilitate the effort to review these policy items, I'm going to suggest we all call-in with the docs open for discussion. That will allow us to quickly go through the list and Shelley will then add in/take out any that we wish adjust. Please forward to others that you want on the call.
Thanks Tim
`Serenity Now!' - Frank Costanza, Seinfeld, 1997
Timothy 'Tim' R. Spisak Acting Assistant Director, Energy, Minerals & Realty Management, WO-300 DOI-Bureau of Land Management 1849 C Street, NW Washington, D.C. 20240 tspisak@blm.gov (202) 208-4201 office (202) 251-3079 cell
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>
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"McGinnis, Shelley" <smcginnis@blm.gov> Wed Apr 05 2017 11:30:28 GMT-0600 (MDT) Timothy Spisak <tspisak@blm.gov>, Lonny Bagley <lbagley@blm.gov> Re: Policy Review Discussion Briefing Memo_2017_0405_track_changes.docx Briefing Memo_2017_0405_clean.docx
Tim,
I made a couple additional changes shown in track changes in attached version. Also attached is a clean version for you to send to WO-200.
On Wed, Apr 5, 2017 at 9:50 AM, Timothy Spisak <tspisak@blm.gov> wrote: To facilitate the effort to review these policy items, I'm going to suggest we all call-in with the docs open for discussion. That will allow us to quickly go through the list and Shelley will then add in/take out any that we wish adjust. Please forward to others that you want on the call.
Thanks Tim
`Serenity Now!' - Frank Costanza, Seinfeld, 1997
Timothy 'Tim' R. Spisak Acting Assistant Director, Energy, Minerals & Realty Management, WO-300 DOI-Bureau of Land Management 1849 C Street, NW Washington, D.C. 20240 tspisak@blm.gov (202) 208-4201 office (202) 251-3079 cell
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
Timothy Spisak <tspisak@blm.gov>
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CC:
Timothy Spisak <tspisak@blm.gov> Thu Apr 06 2017 06:39:24 GMT-0600 (MDT) Karen Kelleher <kkelleh@blm.gov>, Steve Tryon <stryon@blm.gov> "Bagley, Lonny R" <lbagley@blm.gov>, Shelley McGinnis
Subject:
<smcginnis@blm.gov> FW: Policy Review Discussion
Attachments:
Briefing Memo_2017_0405_clean.docx
Karen/Steve: attached is WO300's list of policy IMs that we believe fall into the requirements of SO. It is written up as a memo with all the parts that you all can use as you see fit. Lets' us know if you would like to discuss, we may have some redundant items.
Thanks! Tim
`Serenity Now!' - Frank Costanza, Seinfeld, 1997 `Serenity now, insanity later' - Lloyd Braun, Seinfeld, 1997
Timothy 'Tim' R. Spisak Acting Assistant Director, Energy, Minerals & Realty Management, WO-300 DOI-Bureau of Land Management tspisak@blm.gov (202) 208-4201 office (202) 251-3079 cell
"Kelleher, Karen" <kkelleh@blm.gov>
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To:
Subject: Attachments:
"Kelleher, Karen" <kkelleh@blm.gov>
Thu Apr 06 2017 08:38:26 GMT-0600 (MDT)
Timothy Spisak <tspisak@blm.gov>, Steve Tryon <stryon@blm.gov>, "Bagley, Lonny R" <lbagley@blm.gov>, Shelley McGinnis <smcginnis@blm.gov>, Nikki Moore <nmoore@blm.gov>, "Bail, Kristin" <kbail@blm.gov>, Thomas Bartholomew <tbarthol@blm.gov>, Christopher McAlear <cmcalear@blm.gov>
Re: FW: Policy Review Discussion
Briefing Memo_2017_0405_clean.docx
HI all, seems like it would be helpful to have a follow up discussion tomorrow on what we have put together for response to 3349 to be sure we all understand the various components and how they are responsive. if all are agreeable, i will work on finding a time.
and on that front, 200 staff are finishing up the draft for responses to mitigation and climate and we will share those later today (300's draft list of other policies that may impact energy development is attached).
Karen
On Thu, Apr 6, 2017 at 8:39 AM, Timothy Spisak <tspisak@blm.gov> wrote: Karen/Steve: attached is WO300's list of policy IMs that we believe fall into the requirements of SO. It is written up as a memo with all the parts that you all can use as you see fit. Lets' us know if you would like to discuss, we may have some redundant items.
Thanks! Tim
`Serenity Now!' - Frank Costanza, Seinfeld, 1997
later today (300's draft list of other policies that may impact energy development is attached). Karen
On Thu, Apr 6, 2017 at 8:39 AM, Timothy Spisak <tspisak@blm.gov> wrote: Karen/Steve: attached is WO300's list of policy IMs that we believe fall into the requirements of SO. It is written up as a memo with all the parts that you all can use as you see fit. Lets' us know if you would like to discuss, we may have some redundant items. Thanks! Tim
`Serenity Now!' - Frank Costanza, Seinfeld, 1997 `Serenity now, insanity later' - Lloyd Braun, Seinfeld, 1997
**************************************
Timothy 'Tim' R. Spisak Acting Assistant Director, Energy, Minerals & Realty Management, WO-300 DOI-Bureau of Land Management tspisak@blm.gov (202) 208-4201 office (202) 251-3079 cell **************************************
Karen Kelleher
Deputy Assistant Director - Resources and Planning
Main Interior room 5644
kkelleh@blm.gov
202-208-4896
INFORMATION/BRIEFING MEMORANDUM FOR THE ASSISTANT SECRETARY - LAND AND MINERALS MANAGEMENT
DATE:
April 54, 2017
FROM:
Michael D. Nedd, Acting Director - Bureau of Land Management
SUBJECT: Secretarial Order 3349 - American Energy Independence
BACKGROUND Secretarial Order (S.O.) 3349, which was signed on March 29, 2017, implements the review of agency actions directed by an Executive Order signed by the President on March 28, 2017, entitled "Promoting Energy Independence and Economic Growth" (March 28, 2017 E.O.). It also directs a reexamination of the mitigation policies and practices across the Department of the Interior (DOI) in order to better balance conservation strategies and policies with the need for creating jobs.
DISCUSSION Following is a summary of the actions to be taken pursuant to S.O. 3349 that relate to the Bureau of Land Management (BLM) Energy, Minerals and Realty Management Directorate. Section 5c.(i) of S.O. 3349 states that the BLM shall proceed expeditiously with proposing to rescind the final rule entitled, "Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands," 80 Fed. Reg. 16128 (Mar. 26, 2015). Section 5c.(ii) states that within 21 days, the BLM shall review the final rule entitled, "Waste Prevention, Production Subject to Royalties, and Resource Conservation," 81 Fed. Reg. 83008 (January 17, 2017), and report to the Assistant Secretary - Land and Minerals Management on whether the rule is fully consistent with the policy set forth in Section 1 of the March 28, 2017 E.O. (b) (5)
Section 5c.(v) of S.O. 3349 states that within 21 days, each bureau and office head shall provide to the Deputy Secretary, through their Assistant Secretary, a report that identifies all existing Department Actions issued by their bureau or office that potentially burden (as that term is defined in the March 28, 2017 E.O.) the development or utilization of domestically produced energy resources, with particular attention to oil, natural gas, coal, and nuclear resources. The term burden as defined in the March 28, 2017 E.O. means to unnecessarily obstruct, delay, curtail, or otherwise impose significant costs on the siting, permitting, production, utilization, transmission, or delivery of energy resources. In addition to the Hydraulic Fracturing and Waste Prevention Rules, following is a preliminary list of the Actions with the highest burden on BLM energy resources that have been identified by the BLM Energy, Minerals and Realty Management Directorate.
Fluid Minerals
Title: Instruction Memorandum (IM) 2010-117, Oil and Gas Leasing Reform - Land Use Planning and Lease Parcel Reviews Date: 5/17/2010
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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, 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. Furthermore, the new measurement requirements potentially provide additional revenues to states and the Federal Treasury, including the Indian Trust.
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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 Washington Office (WO)-IM-2014159, 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.
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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, 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
