Document ga70NEkaw9Jw8JbkMmL4GyepN

INFORMATION/BRIEFING MEMORANDUM FOR THE SECRETARY DATE: March 29, 2017 FROM: Jim Kurth, Acting Director, U.S. Fish and Wildlife Service SUBJECT: Management of Non-Federal Oil and Gas Activities within the National Wildlife Refuge System To provide an overview of the U.S. Fish and Wildlife Service's (FWS) management of nonfederal oil and gas activities within the National Wildlife Refuge System (NWRS), particularly the applicable rule at 50 CFR, Part 29D. BACKGROUND Non-Federal oil and gas exploration and development occurs in NWRS lands where mineral rights remain in private, state or tribal ownership. FWS's data indicate that up to 4,000 oil and gas wells lie on 107 NWRS units. Many of these wells have been properly plugged and require no further management actions, meaning that the actual number of non-Federal wells operating within the NWRS is likely 2,500 - 3,000. DISCUSSION Oil and gas rights holders are entitled to reasonable access to explore for and develop their oil and gas resources on National Wildlife Refuges. Activities associated with developing these resources have negative impacts on wildlife, habitat, wildlife-dependent recreation, and the health and safety of employees and visitors, which compromises the purposes for which the surrounding refuge was established. However, many of these impacts can be avoided or minimized through coordination and cooperation between FWS staff and the operator. While FWS has had many local successes working with oil and gas operators to achieve resource protections in tandem with oil and gas development, there are many examples of unnecessary and preventable impacts on natural resources. The Government Accountability Office (GAO) primarily attributed these management shortfalls to FWS personnel lacking the necessary clarity of authorities and regulatory tools which it deemed essential for effective oil and gas management. As a result, FWS promulgated a rule which allows for the continued exercise of non-Federal oil and gas rights while avoiding or minimizing unnecessary impacts. The FWS oil and gas rule at 50 CFR, Part 29D: o Does not prohibit oil and gas development on NWRS lands, but establishes national regulatory consistency to the benefit of both oil and gas operators and refuge managers; o Is specifically designed to avoid regulatory burdens and ensure benefits to refuge resources and uses outweigh regulatory burdens and costs; o Avoids procedural and operational duplication with state regulatory programs by focusing on surface activities and establishes the functional equivalent of a "surface use agreement" between the Service and operator; o Contains a permitting process centered around flexible, site-specific operating standards for operations that create new impacts (e.g., new operations and expansion of existing operations) and ensures operators reclaim and restore habitat disturbed by their activities to protect wildlife for future generations; o Analysis led us to NOT select the environmentally preferred alternative specifically because costs (to both the Service and the regulated community) outweighed the benefits; and, o Will apply to about 400 businesses (5 percent of all U.S. oil and gas extraction businesses). NEXT STEPS On December 14, 2016, the FWS oil and gas rule became final and is currently being implemented with existing staff resources. On March 29, 2017, the Secretary of the Interior issued Secretarial Order 3349. The Order implements the review of agency actions directed by the President's Executive Order entitled, "Promoting Energy Independence and Economic Growth." Among other things, the Secretarial Order directs FWS to review its oil and gas rule within 21 days to determine whether it is fully consistent with the policy set forth in Section 1 of the Executive Order. FWS is currently conducting this review. ATTACHMENTS 50 CFR, Part 29D GAO reports: o 2003 GAO Report: http://www.gao.gov/assets/240/239441.pdf o 2007 GAO Report: http://www.gao.gov/assets/100/95007.pdf o 2015 OIG Report: https://www.doioig.gov/sites/doioig.gov/files/CREVFWS00022014Public 1 From: To: Subject: Date: Attachments: Irwin, Thomas Charisa Morris; Anya Rushing FWS Overview Presentation Wednesday, May 3, 2017 1:34:34 PM FWS Overview Presentation.pdf If you also need the PowerPoint version, let me know. Thomas U.S. Fish and Wildlife Service Overview Presentation i riSHJtWD T>l SERVICE May 2017 www.fws.gov U S. Fish & Wildlife Service DOI Operations Priorities Priorities for new Administration: Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce Hiring Controls memo for DOI Managing Grants Cooperative Agreements and other Significant Actions before decisions Secretarial Orders on American Energy Independence, Conservation Stewardship and Outdoor Recreation, etc Our work spans the globe, including: 565 National Wildlife Refuges 20 Million Acres of Wilderness 72 National Fish Hatcheries 80 ES Field Offices 7 National Monuments 8 Law Enforcement Agents at U.S. Embassies worldwide Projects funded in more than 75 countries U,Sh Fish & Wildlife Service National Wildlife Refuge System Nearly 48 Million annual visitors Major rural economic driver Significant hunting and fishing opportunities Ongoing work to support SO 3347 to promote additional hunter and angler access 565 National Wildlife Refuses provide kev habitat for: 220+ mammal species 700+ bird species 1000+ fish species 380+ Threatened or Endangered species U,Sh Fish & Wildlife Service Endangered Species Program We work to protect and recover 1,966 listed species (U.S. and foreign). Ongoing work to support SO 3349 on regulations and larger Executive Orders: 1,059 Endangered animals and plants in the United States 313 Threatened animals and plants in the United States 594 endangered and threatened foreign^pecies^ Providing consultation to other Federal Agencies; Providing, grants, tools and technical assistance to landowners; Implementing listing and recovery actions; Issuing permits and providing predictability for stakeholders; FPW * fFILDUFE m k 'X U,Sh Fish & Wildlife Service Fish & Aquatic Conservation We're focused on science-based conservation & restoration of native fish & aquatic species. Significant support for angling and boating constituencies. Ongoing work to support SO 3347 to promote additional angler access. 200+ field stations, including 72 National Fish Hatcheries, 7 Fish Technology Centers 2 million+ annual visitors We've worked with over 700 partners to 1,638+ dams and other barriers - -Reopened 24,000 river miles -Reconnected 170,000 acres of wetlands to natural stream flows FPW * fFILDUFE m k 'X U,Sh Fish & Wildlife Service International Affairs Program Wildlife Without Borders Species, Regional and Global Grant Programs have funded conservation ; projects in over 75 countries. we ensure sustainable wildlife trade, issuing 20,000+ permits annually. We work with range countries across the globe, providing tools, training and funding to help t and sustain native species, including elephants, rhinos and tigers. FPW * fFILDUFE m k 'X U,Sh Fish & Wildlife Service Wildlife and Sport Fish Restoration Wildlife and Sport Fish Restoration Programs provide vital funding for conservation at the state and local level, including habitat restoration, research and recreation. Significant support for hunting, angling and boating including Three R's. - Over $1 Billion annually in dedicated funding from excise taxes on hunting and fishing equipment WSFR Grant Programs also fund infrastructure for recreational boating and fishing. We administer State and Tribal Wildlife Grants to support their priority conservation efforts. U,Sh Fish & Wildlife Service Office of Law Enforcement OLE works domestically and internationally to enforce wildlife laws and protect vulnerable species. Strong partnership and cooperation with State Fish and Game Agencies. - 208 special agents conduct investigations of poaching and illegal trade; and -140 wildlife inspectors stationed at U.S. ports examine cargo shipments to ensure compliance with U.S. laws. National Wildlife Forensics Lab - analysis of evidence in wildlife crimes Training and technical investigative support for foreign game wardens and wildlife officers