[Federal Register Volume 71, Number 96 (Thursday, May 18, 2006)]
[Rules and Regulations]
[Pages 28778-28779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4625]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3140

[WO-310-1310-PP-241A]
RIN 1004-AD76


Leasing in Special Tar Sand Areas

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule; adoption of interim final rule as final with 
amendments.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM or ``we'') is issuing final 
regulations for the leasing of hydrocarbons, except coal, gilsonite and 
oil shale, in special tar sand areas. In this rule, BLM implements 
provisions of the Energy Policy Act of 2005. This final rule also makes 
technical corrections to the interim final regulations BLM issued in 
October 2005.

DATES: The final rule is effective May 18, 2006.

ADDRESSES: You may mail suggestions or inquiries to Bureau of Land 
Management, Solid Minerals Group, Room 501 LS, 1849 C Street, NW., 
Washington, DC 20240-0001.

FOR FURTHER INFORMATION CONTACT: Ted Murphy, Solid Minerals Division 
Chief, at (202) 452-0351 for issues related to BLM's solid minerals 
programs, or Ted Hudson, Regulatory Affairs Acting Division Chief, 
(202) 452-5042 for regulatory process issues. Persons who use a 
telecommunications device for the deaf may contact these individuals 
through the Federal Information Relay Service (FIRS) at 1-800-877-8339, 
24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:

I. Background
II. How Does the Final Rule Differ From the Interim Final Rule?
III. Responses to Comments on the October 2005 Interim Final Rule

I. Background

    Section 350 of the Energy Policy Act of 2005 (Pub. L. 109-58) (the 
Act) further amended the Mineral Leasing Act to authorize the Secretary 
to issue separate oil and gas leases and tar sand leases, in addition 
to combined hydrocarbon leases, in special tar sand areas. Section 350 
of the Act also specified several oil and gas leasing

[[Page 28779]]

practices that will apply to tar sand leases and set the minimum 
acceptable bid for tar sand leases at $2.00 per acre.
    Section 369(j)(1)(D) of the Act also amended the Mineral Leasing 
Act to increase the maximum acreage of combined hydrocarbon leases and 
tar sand leases in a special tar sand area to 5,760 acres.
    Section 350 of the Act required BLM to issue final regulations 
implementing these provisions within 45 days. Because of the prescribed 
time limit and the fact that the Act was specific as to the provisions 
BLM must adopt, we issued an interim final rule on October 7, 2005 (70 
FR 58610). In the interim final rule, we explained that we would accept 
comments and might make changes in a later-issued final rule.
    The BLM finds good cause under 5 U.S.C. 553(d) to make this rule 
effective immediately upon publication because delay in the effective 
date would be unnecessary and contrary to the public interest. The 
changes made in this final rule are technical corrections and do not 
require any person to adjust his or her conduct to comply with their 
terms. The interim rule was adopted as final effective on October 7, 
2005, and the minor changes adopted today are intended to eliminate 
confusion resulting from minor errors in the October 2005 interim final 
rule.

II. How Does the Final Rule Differ From the Interim Final Rule?

    This final rule makes three changes to the interim final rule.
    1. The original paragraph (d) in section 3141.0-5 should have been 
removed prior to redesignating paragraph (b) as (d) in the interim 
final rule. This was not done, which resulted in two paragraphs (d) in 
the section. This oversight is corrected in the final rule.
    2. A grammatical error in redesignated paragraph 3141.0-5(d) is 
corrected.
    3. Section 3141.6-2(b) in the interim final rule makes a reference 
to 43 CFR 1821.2-1(d), which no longer exists. The reference is 
corrected to 43 CFR 1821.10 in the final rule.

III. Responses to Comments on the October 2005 Interim Final Rule

    The BLM received a total of three comments on the interim final 
rule.
    One of the comments that BLM received expressed general opposition 
to the oil and gas leasing program.
    Two of the comments received pointed out the editing error that 
caused the duplication of paragraph (d) in section 3141.0-5, which is 
corrected in this final rule.

Author

    The principal author of this rule is Ron Teseneer, Solid Minerals 
Group (WO320). Jim Kohler, Utah State Office, BLM, Dennis Daugherty, 
Office of the Solicitor, Department of the Interior, and Frank Bruno, 
Regulatory Affairs provided assistance during this effort.

List of Subjects in 43 CFR Part 3140

    Government contracts, Hydrocarbons, Mineral royalties, Oil and gas 
exploration, Public lands--mineral resources, Reporting and 
recordkeeping requirements.

    Dated: April 19, 2006.
Chad Calvert,
Assistant Secretary, Land and Minerals Management.

0
Accordingly, BLM amend 43 CFR part 3140 as set forth below:

PART 3140--LEASING IN SPECIAL TAR SAND AREAS

0
1. The authority citation for part 3140 continues to read as follows:

    Authority: 30 U.S.C. 181 et seq.; 30 U.S.C. 351-359; 95 Stat. 
1070; 43 U.S.C. 1701 et seq.; the Energy Policy Act of 2005 (Pub. L. 
109-58), unless otherwise noted.

Subpart 3141--Leasing in Special Tar Sand Areas

0
2. Amend Sec.  3141.0-5 by removing the second paragraph (d) and 
revising paragraph (b) to read as follows:


Sec.  3141.0-5  Definitions.

* * * * *
    (b) For purposes of this subpart, ``oil and gas lease'' means a 
lease issued in a Special Tar Sand Area for the exploration and 
development of oil and gas resources other than tar sand.
* * * * *

0
3. Revise Sec.  3141.6-2(b) to read as follows:


Sec.  3141.6-2  Publication of a notice of competitive lease offering.

* * * * *
    (b) Tar Sand Leases or Oil and Gas Leases. At least 45 days prior 
to conducting a competitive auction, lands to be offered for a 
competitive lease sale shall be posted in the proper BLM office having 
jurisdiction over the lands as specified in Sec.  1821.10 of this 
chapter, and shall be made available for posting to surface managing 
agencies having jurisdiction over any of the included lands.

[FR Doc. 06-4625 Filed 5-17-06; 8:45 am]
BILLING CODE 4310-84-P