[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Proposed Rules]
[Pages 77200-77229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30977]



[[Page 77199]]

Vol. 80

Friday,

No. 238

December 11, 2015

Part IV





Department of the Interior





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





Fish and Wildlife Service





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





50 CFR Parts 28 and 29





Management of Non-Federal Oil and Gas Rights; Proposed Rule

  Federal Register / Vol. 80 , No. 238 / Friday, December 11, 2015 / 
Proposed Rules  

[[Page 77200]]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 28 and 29

[Docket No. FWS-HQ-NWRS-2012-0086; FXRS12610900000-156-FF09R24000]
RIN 1018-AX36


Management of Non-Federal Oil and Gas Rights

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
proposing to revise regulations governing the exercise of non-Federal 
oil and gas rights in order to improve our ability to protect refuge 
resources, visitors, and the general public's health and safety from 
potential impacts associated with non-Federal oil and gas operations 
located within U.S. Fish and Wildlife Service refuge units. Non-Federal 
oil and gas development refers to oil and gas activities associated 
with any private, State, or tribally owned mineral interest where the 
surface estate is administered by the Service as part of the Refuge 
System. The existing non-Federal oil and gas regulations have remained 
unchanged for more than 50 years and provide vague guidance to staff 
and operators. This proposed rule would make the regulations consistent 
with existing laws, policies and industry practices. It is designed to 
provide regulatory clarity and guidance to oil and gas operators and 
refuge staff, provide a simple process for compliance, incorporate 
technological improvements in exploration and drilling technology, and 
ensure that non-Federal oil and gas operations are conducted in a 
manner that avoids or minimizes impacts to refuge resources.

DATES: Comments on this proposed rule must be received on or before 
February 9, 2016. Comments on the information collection aspects of 
this rule must be received on or before January 11, 2016.

ADDRESSES: Document Availability: An economic analysis and a draft 
environmental impact statement (DEIS) have been prepared in conjunction 
with preparation of this proposed rule, and both documents are 
available at http://www.fws.gov/refuges/oil-and-gas/rulemaking.html and 
also at www.regulations.gov at Docket No. FWS-HQ-NWRS-2012-0086.
    Comments on the Proposed Rule and DEIS: You may submit comments on 
this proposed rule or the DEIS by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. In 
the Search box, type FWS-HQ-NWRS-2012-0086, which is the docket number 
for this proposed rule. Then click on the Search button. When you have 
located the correct document, you may submit a comment by clicking on 
``Comment Now!''
     U.S. mail or hand-delivery: Submit comments on the 
proposed rule or DEIS to: Public Comments Processing Attn: FWS-HQ-NWRS-
2012-0086; Division of Policy, Performance, and Management Programs; 
U.S. Fish and Wildlife Service, MS: BPHC; 5275 Leesburg Pike; Falls 
Church, VA 22041-3803.
    Please indicate to which document, the proposed rule or the DEIS, 
your comments apply. We request that you send comments only by the 
methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us. For additional instructions on 
submitting comments and additional information on the rulemaking 
process, see the Public Participation heading of the SUPPLEMENTARY 
INFORMATION section of this document.
    Comments on the Information Collection Aspects of the Proposed 
Rule: You may review the Information Collection Request online at 
http://www.reginfo.gov. Follow the instructions to review Department of 
the Interior collections under review by OMB. Send comments (identified 
by 1018-AX36) specific to the information collection aspects of this 
proposed rule to both the:
     Desk Officer for the Department of the Interior at OMB-
OIRA at (202) 295-5806 (fax) or [email protected] (email); 
and
     Service Information Collection Clearance Officer; Division 
of Policy, Performance, and Management Programs; U.S. Fish and Wildlife 
Service, MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803 
(mail); or [email protected] (email).

FOR FURTHER INFORMATION CONTACT: Scott Covington, U.S. Fish and 
Wildlife Service, Division of Natural Resources and Planning, MS: NWRS, 
5275 Leesburg Pike, Falls Church, Virginia 22043; telephone 703-358-
2427.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    We are proposing to update the existing regulations at subpart C of 
part 29 of title 50 of the Code of Federal Regulations (CFR) and 
propose new regulations as subpart D of 50 CFR part 29, which would 
govern the exercise of non-Federal oil and gas rights within refuge 
units, to improve the effectiveness of the regulations in protecting 
refuge resources and values, and to improve the clarity of the 
regulations for both operators and the Service.
    Key components of the proposed rule include:
     A permitting process for new operations;
     A permitting process for well-plugging and reclamation for 
all operations;
     Information requirements for particular types of 
operations;
     Operating standards so that both the Service and the 
operator can readily identify what standards apply to particular 
operations;
     Fees for new access beyond that held as part of the 
operator's oil and gas right;
     Financial assurance (bonding);
     Penalty provisions;
     Clarification that the process for authorizing access to 
non-Federal oil and gas properties in Alaska will continue to be 
controlled by 43 CFR part 36, which implements provisions of the Alaska 
National Interest Lands Conservation Act; and
     Codification of some existing agency policies and 
practices.
    A detailed discussion of all proposed changes to the regulations is 
contained in the section-by-section analysis.

Background

    In 2003, the Government Accountability Office (GAO) issued a report 
(GAO-03-517) to Congress highlighting the opportunities to improve 
management and oversight of oil and gas operations on National Wildlife 
Refuge System (NWRS) lands and waters. An update by GAO in 2007 (GAO-
07-829R) reasserted the recommendation that the Service take the 
necessary steps to apply a consistent and reasonable set of regulatory 
and management controls over all oil and gas activities occurring on 
refuges to protect the public's surface interests. Other land 
management agencies have regulations that address oil and gas 
development for non-Federal subsurface interests, including the 
Department of the Interior's National Park Service (NPS) and the U.S. 
Department of Agriculture's Forest Service. This proposed rule would 
address concerns highlighted in the GAO reports and bring the Service 
more in line with other Federal land management agencies.

[[Page 77201]]

    Based on Service data from 2011, there are over 5,000 oil and gas 
wells on 107 refuges in a total of 599 refuge units. Of the wells 
present on refuges, 1,665 actively produce oil and gas. Based on the 
existence of split estates (where the Service owns the surface estate 
and another party owns the mineral estate), exploration and production 
already occurring on adjacent or nearby lands, and future increases in 
energy prices, non-Federal oil and gas operations within refuges 
potentially could affect many additional refuges. Because of the 
impacts of oil and gas operations, a rulemaking is necessary to create 
a consistent and reasonable set of regulatory management controls for 
non-Federal oil and gas operations on refuges.
    In 1960, the Service promulgated the current regulations at 50 CFR 
29.32 to govern the exercise of non-Federal mineral rights on NWRS 
lands and waters. These regulations have not been updated. These 
regulations outline a general policy to minimize impacts to refuge 
resources to the extent practicable from all activities associated with 
non-Federal mineral exploration and development where access is on, 
across, or through federally owned or controlled lands or waters of the 
NWRS. However, they have been ineffective at protecting refuge 
resources or providing operators explicit requirements for operating on 
refuge lands. The current regulations lack both a process and specific 
guidance for operators and refuge employees to plan efficient 
operations on refuges that minimize impacts to refuge resources. 
Similarly, existing Service policies related to exploring and 
developing non-Federal oil and gas rights under refuges, such as 612 FW 
3, lack regulatory provisions needed to successfully protect refuge 
resources and provide sufficient guidance.

Authority To Promulgate Regulations

    One of the principal recommendations of the 2003 GAO report was for 
the Service to clarify its regulatory authority over non-Federal oil 
and gas operations on NWRS lands. This rulemaking provides notice to 
the public that the authorities given to the Service by Congress 
include the authority to regulate the exercise of non-Federal oil and 
gas rights located within refuge units. Because the Service's current 
regulations from 1960 pre-date the National Wildlife Refuge System 
Administration Act (NWRSAA), as amended by the National Wildlife Refuge 
System Improvement Act (NWRSIA) (16 U.S.C. 668dd et seq.) and do not 
clearly assert or implement the full extent of the Service's authority 
to regulate non-Federal oil and gas rights or provide for consistent 
management of the exercise of those rights, we are proposing to revise 
the current regulations.
    The authority of Congress to provide for the regulation of non-
Federal oil and gas operations on NWRS lands is derived from the 
Property Clause of the United States Constitution (U.S. Const. art. IV, 
sec. 3). Specifically, the Service has been provided the statutory 
authority to manage Federal lands and resources under NWRSAA, as 
amended by the NWRSIA. In 1997, Congress enacted the NWRSIA, amending 
and building upon the NWRSAA in a manner that provided an organic act 
for the NWRS similar to those which exist for other public lands. 
Generally, in enacting the NWRSIA, Congress recognized that the Service 
needed additional guidance and authority to manage the NWRS.
    The NWRSIA (16 U.S.C. 668dd(a)(4)) mandates the Secretary of the 
Interior, in administering the System, to:
     Provide for the conservation of fish, wildlife, and 
plants, and their habitats within the NWRS;
     Ensure that the biological integrity, diversity, and 
environmental health of the NWRS are maintained for the benefit of 
present and future generations of Americans;
     Ensure that the mission of the NWRS described at 16 U.S.C. 
668dd(a)(2) and the purposes of each refuge are carried out;
     Ensure effective coordination, interaction, and 
cooperation with owners of land adjoining refuges and the fish and 
wildlife agency of the States in which the units of the NWRS are 
located;
     Assist in the maintenance of adequate water quantity and 
water quality to fulfill the mission of the NWRS and the purposes of 
each refuge;
     Recognize compatible wildlife-dependent recreational uses 
as the priority general public uses of the NWRS through which the 
American public can develop an appreciation for fish and wildlife;
     Ensure that opportunities are provided within the NWRS for 
compatible wildlife-dependent recreational uses; and
     Monitor the status and trends of fish, wildlife, and 
plants in each refuge.
    The NWRSIA also gave the Service new authority to promulgate 
regulations to carry out the NWRSAA.
    Several recent Circuit Court decisions have held that this 
regulatory authority extends to non-Federal property interests within 
refuges. Although these cases did not directly address non-Federal 
mineral rights, nothing in these decisions would limit the Service's 
regulatory authority with respect to this form of property interest. In 
Burlison v. United States (533 F.3d 419 (6th Cir. 2008)), the appeals 
court held that the Service may reasonably regulate a reserved easement 
within a refuge:

    . . . . We do conclude, however, that the Fish and Wildlife 
Service may legitimately exercise the sovereign police power of the 
federal government in regulating the easement. Section 
668dd(d)(1)(B) delegates the power to the Secretary of the Interior 
(and the Fish and Wildlife Service) ``under such regulations as he 
may prescribe,'' to ``permit the use of . . . any areas within the 
System for purposes such as . . . roads.'' The question before us is 
whether the permissive power respecting roads authorized by the 
Refuge Act also includes the power to regulate a private easement 
over a road. We answer this question in the affirmative.

    Burlison also relied on the Duncan Energy Co. v. United States 
Forest Service, 50 F.3d 584 (8th Cir. 1995), which upheld Federal 
regulation of non-Federal oil and gas rights on Forest Service lands. 
In School Board of Avoyelles Parish v. United States Department of the 
Interior (647 F.3d 570 (5th Cir. 2011)), the Fifth Circuit held that 
FWS had authority to regulate access and use of refuge lands under the 
NWRAA/NWRSIA even for holders of valid easements. The Court's opinion 
notes that the relevant regulation required a permit for ``any person 
entering a national wildlife refuge,'' unless otherwise excepted by the 
regulations, and found that, even though the owner had a non-Federal 
property interest in the land, they were required to obtain a permit 
from the Service. The court, citing Burlison and other cases, found 
that the restrictions on the exercise of the non-Federal property right 
were well within Federal authority under the Property Clause. The 
Service fully recognizes, as the Burlison court explained, that the 
right to reasonably regulate these private property interests does not 
mean that the Service may ``eviscerate'' those property rights. These 
decisions support the Service's belief that it does have the necessary 
statutory authority to promulgate these proposed rules in order to 
achieve its legislative mandates, including the conservation of fish, 
wildlife, and plants in their habitat, and ensuring the biological 
integrity of the Refuge System.
    The Service is aware of the 1986 memorandum by the Associate 
Solicitor, Conservation and Wildlife (``1986 Opinion'') that 
interpreted that the Service, at that time, lacked the

[[Page 77202]]

authority from Congress to adopt regulations requiring permits for 
access by holders of mineral interests that were reserved by the holder 
when the land was sold to the United States for refuge purposes, unless 
that authority was provided for in the deed. That opinion relied in 
part on Caire v. Fulton, 1986 U.S. Dist. LEXIS 31049 (W.D. La. 1986), 
an unpublished district court decision, where the United States had 
explicitly agreed during eminent domain proceedings to delete from the 
proposed deed a provision authorizing Service regulation of the oil and 
gas interests not being acquired. Additionally, the 1986 Opinion made a 
distinction in the Service's authority to regulate between reserved and 
outstanding rights, which Interior recognized in its response to the 
2003 GAO report.
    The 1986 Opinion was also premised on a provision of the Migratory 
Bird Conservation Act (MBCA), 16 U.S.C. 715e, which was amended in 1935 
to provide:

    The Secretary of the Interior may do all things and make all 
expenditures necessary to secure the safe title in the United States 
to the areas which may be acquired under this subchapter, but no 
payment shall be made for any such areas until the title thereto 
shall be satisfactory to the Attorney General or his designee, but 
the acquisition of such areas by the United States shall in no case 
be defeated because of rights-of-way, easements, and reservations 
which from their nature will in the opinion of the Secretary of the 
Interior in no manner interfere with the use of the areas so 
encumbered for the purposes of this subchapter, but such rights-of-
way, easements, and reservations retained by the grantor or lessor 
from whom the United States receives title under this subchapter or 
any other Act for the acquisition by the Secretary of the Interior 
of areas for wildlife refuges shall be subject to rules and 
regulations prescribed by the Secretary of the Interior for the 
occupation, use, operation, protection, and administration of such 
areas as inviolate sanctuaries for migratory birds or as refuges for 
wildlife; and it shall be expressed in the deed or lease that the 
use, occupation, and operation of such rights-of-way, easements, and 
reservations shall be subordinate to and subject to such rules and 
regulations as are set out in such deed or lease or, if deemed 
necessary by the Secretary of the Interior, to such rules and 
regulations as may be prescribed by him from time to time.

    The facts underlying the Caire case have long suggested that it is 
of limited precedential value. To the extent it could be construed to 
stand for the proposition that the Service may only regulate the 
property interest reserved in the deed when the deed expressly provided 
for such regulation, the decision appears to be overtaken by that of 
the Avoyelles Parish Circuit Court. Moreover, Burlison and Avoyelles 
Parish support the exercise of such rulemaking authority without regard 
to this provision of the MBCA. So, after consultation with the Office 
of the Solicitor of the Department of the Interior, we now believe that 
the 1986 Opinion has been superseded by the amendments to the 
Administration Act and subsequent court decisions interpreting the 
amended act, and that our current regulations from 1960 do not reflect 
the full extent of the authorities enacted by Congress after that date 
which direct the Service to protect refuge resources and uses.
    Therefore, the Service believes it does have the authority to issue 
regulations to reasonably regulate both reserved and outstanding non-
Federal oil and gas interests within the NWRS even when the right to 
regulate is not stated in the relevant deed. In our review of various 
deeds used by the Service to acquire the lands and interests in lands 
that make up the NWRS, we find many variations and that it is not 
possible to review or summarize all such provisions, or ensure that we 
are familiar with the circumstances surrounding each acquisition of 
NWRS lands, which did not include the mineral rights. As part of the 
pre-application meeting with the Service (see proposed Sec.  29.91), 
and/or the submission of an application (see proposed Sec.  29.94), the 
applicant should provide the Service with copies of any deeds or other 
relevant information which the applicant believes would control or 
otherwise limit the applicability of the regulations under this subpart 
to the applicant's operations. This process is intended to ensure that 
the Service both fully considers relevant deed provisions and any other 
information concerning the particular acquisitions before imposing 
requirements on the applicant's operations. The Service will respect 
any applicable deed conditions; however, these new regulatory 
requirements still apply to the extent that they do not conflict with 
such deed conditions, which we believe is the situation in most cases.
    The Service will consider any comments on its authority to 
promulgate these regulations and address them in making its 
determinations for a final rule.

Non-Federal Oil and Gas Rights Within Refuges

    Non-Federal oil and gas rights exist within the NWRS in situations 
where the oil and gas interest has been severed from the estate 
acquired by the United States, either because:
     The United States acquired property from a grantor that 
did not own the oil and gas interest; or
     The United States acquired the property from a grantor 
that reserved the oil and gas interest from the conveyance.
    Non-Federal oil and gas interests can be held by individuals, 
partnerships, for-profit corporations, nonprofit organizations, or 
States and their political subdivisions. Interests in non-Federal oil 
and gas are property rights that may only be taken for public use with 
payment of just compensation in accordance with the Fifth Amendment of 
the U.S. Constitution. This proposed rule is not intended to result in 
the taking of a property interest, but rather to impose reasonable 
regulations on activities that involve or affect federally owned lands 
and resources of the NWRS to avoid or minimize impacts from such 
activities to the maximum extent practicable.
    These regulations do not apply to the development of the Federal 
mineral estate, including Federal oil and gas, which are administered 
by the Bureau of Land Management (BLM), under the Mineral Leasing Act 
and the Federal Land Policy and Management Act. In areas where oil and 
gas rights are owned by the United States, and leasing is authorized, 
the applicable regulations can be found at 43 CFR part 3100. There is a 
general prohibition to leasing Federal oil and gas on refuge lands (43 
CFR 3101.5-1).

Summary of Potential Impacts From Oil and Gas Operations on Refuge 
Resources and Uses

    Examples of non-Federal oil and gas operations conducted on refuges 
include: Geophysical (seismic) exploration; exploratory well drilling; 
field development well drilling; oil and gas well production 
operations, including installation and operation of well flowlines and 
gathering lines; enhanced recovery operations; well plugging and 
abandonment; and site reclamation.
    Oil and gas activities have the potential to adversely impact 
refuge resources in some or all of the following manners:
     Surface water quality degradation from spills, storm water 
runoff, erosion, and sedimentation;
     Soil and groundwater contamination from existing drilling 
mud pits, poorly constructed wells, improperly conducted enhanced 
recovery techniques, spills, and leaks;
     Air quality degradation from dust, natural gas flaring, 
hydrogen sulfide gas,

[[Page 77203]]

and emissions from production operations and vehicles;
     Increased noise from seismic operations, blasting, 
construction, oil and gas drilling and production operations;
     Reduction of roadless areas on refuges;
     Noise and human presence effects on wildlife behavior, 
breeding, and habitat use;
     Disruption of wildlife migration routes;
     Adverse effects on sensitive and endangered species;
     Viewshed (an area of land, water, or other environmental 
element that is visible to the human eye from a fixed vantage point) 
intrusion by roads, traffic, drilling equipment, production equipment, 
pipelines, etc.;
     Night sky intrusion from artificial lighting and gas 
flares;
     Disturbance to archaeological and cultural resources 
associated with seismic exploration and road/site preparation, 
associated with maintenance activities, or by spills;
     Visitor safety hazards from equipment, pressurized vessels 
and lines, presence of hydrogen sulfide gas, and leaking oil and gas 
that can create explosion and fire hazards;
     Wildlife mortality from oil spills or entrapment in open-
topped tanks or pits, poaching, and vehicle collisions;
     Fish kills from oil and oilfield brine spills; and
     Vegetation mortality from oilfield brine spills.

Summary of Advance Notice of Proposed Rulemaking Comments

    On February 24, 2014, we issued an advance notice of proposed 
rulemaking (ANPR) (79 FR 10080) to assist us in developing this 
proposed rule. The ANPR had a 60-day comment period, ending April 25, 
2014. On June 9, 2014, we reopened the comment period for another 30 
days, ending July 9, 2014 (79 FR 32903). The ANPR requested the public 
to focus their comments on seven topics identified as major areas of 
concern:
    (1) Plans of Operations and Special Use Permits;
    (2) Operating Standards;
    (3) Financial Assurances;
    (4) Access Fees;
    (5) Noncompliance;
    (6) Existing Operations; and
    (7) Impacts from the Proposed Rulemaking.
    We received comments from unaffiliated private citizens (36), 
conservation organizations (14), State agencies (8), counties (2), 
Alaska Native Corporations (2), a tribal agency, oil and gas owners and 
operators (6), business associations (5), and a Federal agency, along 
with almost 80,000 form letter comments from members of two 
environmental organizations.
    The majority of commenters were in favor of strengthening and 
expanding the regulations to better protect refuge resources and 
values. Some commenters requested that we not revise the existing 
regulations, while others questioned the legality of regulating non-
Federal oil and gas operations on refuges.
    More information on the ANPR and these comments is available at 
http://www.fws.gov/refuges/oil-and-gas/rulemaking.html and also at 
www.regulations.gov at Docket No. FWS-HQ-NWRS-2012-0086.

Draft Environmental Impact Statement

    We have prepared a draft environmental impact statement (DEIS), 
which is being published for public comment simultaneously with this 
proposed rule and is available at www.regulations.gov and at http://www.fws.gov/refuges/oil-and-gas/rulemaking.html, by clicking on the 
link titled ``Oil and Gas DEIS.'' The DEIS describes three 
alternatives: Alternative A--No action; Alternative B--proposed rule 
(preferred alternative); and Alternative C. Alternative C would include 
all the proposed changes in Alternative B, would expand the coverage of 
the regulations to operations on non-Federal surface locations that 
drill beneath the surface of a refuge to access their non-Federal oil 
and gas right, and would require all existing operations to obtain 
operations permits and maintain financial assurance.

Overview of Proposed Regulations

    This proposed rule was developed in coordination with the NPS and 
as a result is consistent with its recently published proposed rule 
governing non-Federal oil and gas rights within the NPS (NPS 9B 
Regulations). An operator working on both NWRS and NPS lands would 
experience little difference in regulatory resource and use 
protections, regulatory structure based on performance standards, 
operations permit processes and requirements, monitoring and 
compliance, and other terms and conditions. However, there are some 
variations between the two proposed rules necessitated by differing 
authorities and missions and the scope of the two agencies' non-Federal 
oil and gas programs.
    The proposed rule would generally require that operators receive 
permits, either special use permits or rights-of-way (ROW) permits, for 
new non-Federal oil and gas operations on NWRS lands; provide a 
regulatory framework to achieve the necessary protections for refuge 
resources; and improve regulatory consistency to the benefit of both 
refuge resources and oil and gas operators. The proposed rule contains 
performance-based standards that provide flexibility to resource 
managers and operators to use various and evolving technologies within 
different environments to achieve the standards. It establishes 
standards for surface use and site management, specific resource 
protections, spill prevention and response, waste management, and 
reclamation. Additionally, the proposed rule contains procedures for 
permit applications and Service review and approval. Finally, there are 
provisions for financial assurance (bonding), access fees, mitigation, 
change of operator, permit modification, and prohibitions and 
penalties. We incorporated public input received during the ANPR 
process to shape the proposed rule.

Proposed Permitting Approach

    The proposed permitting process would allow the Service to ensure 
that refuge resources, as well as public health and safety, are 
protected to the greatest extent practicable. Under the proposed rule, 
the Service would require the following:
     New operations are by permit only. Operators conducting 
new operations or modifying their existing operation in a manner that 
will have additional impacts on refuge resources beyond the scope, 
intensity, and/or duration of existing impacts must obtain an 
operations permit (special use or ROW permit) before commencing new or 
modified operations within a refuge. This requirement addresses 
exploration, drilling, production, enhanced recovery operations, 
transportation, plugging, and reclamation operations. We encourage 
operators to contact the Service early in the process so that the 
Service can provide suggestions to improve the application. 
Additionally, an operator will not be authorized to begin operations 
until the operator has received all other required State and Federal 
permits.
     Operations under an existing Service permit may continue 
under the terms of that permit as long as they comply with existing 
Federal, State, and local laws and regulations, and the general terms 
and conditions outlined in their permit and this rule. Operators would 
be required to obtain a new permit or amend their existing permit if 
they propose to conduct new operations or modify their existing 
operations (i.e., propose activities outside the scope of their 
existing approval that would have

[[Page 77204]]

impacts on refuge resources as determined by the Service). At the time 
of reclamation, the Service would review existing permits and modify 
them as necessary to ensure compliance with all Service reclamation 
standards.
     Operations not under a Service permit and being conducted 
prior to the effective date of the final rule promulgating this 
subpart, or prior to a boundary change or establishment of a new refuge 
unit, would be considered ``pre-existing operations'' and may continue 
to operate as they have been as long as they comply with existing 
Federal, State, and local laws and regulations and the general terms 
and conditions outlined in this proposed rule. However, these 
operations would be required to obtain a permit if they propose to 
conduct new operations or modify their operations in a manner that will 
have additional impacts on refuge resources.
     All operators must have a permit for plugging and 
reclamation and comply with all Service reclamation standards.
     Wells drilled from outside refuges or on non-Federal 
inholdings to access non-Federal minerals would be exempt from these 
regulations. However, except where 43 CFR 36.10 controls any access on, 
across, or through federally owned or managed lands in Alaska, 
operators must comply with the applicable provisions of this subpart, 
which may require obtaining an operations permit for new access or 
amending an existing authorization for access.
    The Service believes that this proposed permitting process is the 
best way to manage oil and gas operations and protect refuge resources 
on NWRS lands. The most effective way for the Service to avoid or 
minimize impacts is by using time, place, and manner stipulations. The 
``place'' factor in the ``time, place, and manner'' equation is often 
most important in terms of ability to protect an environmental 
resource. The risks created by a poorly selected location cannot easily 
be overcome with even the best operational methods. Conversely, proper 
site selection can do much to mitigate the effects of accidents or 
environmentally unsound practices. The ``time'' factor restricts the 
timing of operations to remove or minimize impacts on resources that 
are only seasonally present. The ``manner'' factor is the method in 
which oil and gas activities are conducted, using best management 
practices. Therefore, requiring a permit that contains such 
stipulations is the most effective way to avoid or minimize impacts of 
new operations.
    Since new operations create the greatest additional impacts, proper 
site planning, timing restrictions, and best management practices can 
accomplish great improvements in resource protection. Existing 
operations with a special use or ROW permit would be allowed to 
continue their operations under the terms of that permit, because such 
stipulations have already been implemented in those permits. A permit 
requirement on an existing operation not currently under a permit could 
result in significant administrative and operational costs, similar to 
those of new operations, on both the Service and the operator. These 
costs could be disproportional to the environmental benefits gained 
where the operator's well has already been drilled and the area of 
operations (access route, well site, production facilities, and routes 
for gathering lines) has already been established. Many of the 
unnecessary impacts occurring from existing operations without permits 
can best be cost effectively addressed through ensuring adherence to 
existing Federal and State rules. Additionally, in this proposed rule, 
the Service would assimilate non-conflicting State oil and gas rules so 
that our Law Enforcement officers can ensure compliance with those 
requirements. This approach to permitting allows the Service to focus 
its limited time and resources on those new operations that create the 
highest level of incremental impacts. Also, by requiring all operations 
to have a permit for plugging and reclamation, it ensures 
rehabilitation of habitat damaged by all operations.
    When a well is drilled outside a refuge or on a non-Federal 
inholding, impacts to refuge resources are avoided or minimized to a 
great extent. Therefore, the Service's approach of exempting downhole 
aspects of these operations that occur within a refuge from the 
proposed regulations is intended to provide an incentive for operators 
to use directional drilling from a surface location not administered by 
the Service in order to reach their oil and gas rights under the 
refuge-administered surface estate. However, anytime an operator needs 
to physically cross Service land for access, including access to a non-
Federal surface location, such as an inholding, to conduct operations 
then the operator must comply with the applicable provisions of this 
subpart (in Alaska, 43 CFR 36.10), including obtaining an operations 
permit for new access or modification of existing access.

Operating Standards

    Refuges have sustained significant damages from leaks and spills, 
unplugged or inadequately plugged wells, abandoned equipment, and 
insufficient or no reclamation of refuge lands and resources. Avoidance 
of spills and similar problems is the best means of ensuring that 
taxpayers are not left with the costs of restoring refuge resources. By 
incorporating new operating standards into the regulations, this should 
ensure that any future damages to refuge land and resources are 
minimized to the greatest extent possible.
    Regulations based on performance-based standards do not grow stale 
over time and provide flexibility to resource managers and operators to 
achieve standards across various environments using new and evolving 
technology. In contrast, prescriptive regulations define specific 
requirements of time, place, and manner without considering how these 
measures achieve a desired level of resource protection or how they may 
apply in different environments. The Service examined other Federal and 
State oil and gas regulations and determined that the performance-based 
standards approach provided the most efficient means of successfully 
avoiding or minimizing the effects of oil and gas operations on refuge 
resources and visitor uses. A one-size-fits-all (i.e., prescriptive) 
approach does not work due to the widely differing environments and 
national extent of refuges with oil and gas. The proposed, performance-
based standards model has been successfully used by NPS for more than 
35 years.
    In developing and analyzing the proposed rule and alternatives, the 
Service found that the preponderance of impacts and risks of impacts to 
refuge resources associated with exploration and development of oil and 
gas emanate from surface activities. This holds true for operations 
that include the use of hydraulic fracturing. The Service found that 
well drilling and production operations that include the use of 
hydraulic fracturing have the same types of surface activities (e.g., 
road and pad construction, tractor-trailer truck traffic, use of water, 
use of chemicals, use of large diesel-powered engines, generation of 
waste) as operations that do not include hydraulic fracturing. 
Hydraulic fracturing operations can, in some cases, increase the scope, 
intensity, and duration of activities commonly associated with oil and 
gas well drilling and completion. In context of this proposed rule, the 
term ``hydraulic fracturing'' means those

[[Page 77205]]

operations conducted in an individual wellbore designed to increase the 
flow of hydrocarbons from the rock formation to the wellbore through 
modifying the permeability of reservoir rock by applying fluids under 
pressure to fracture it. It does not include the comprehensive list of 
all oil and gas activities associated with development that happens to 
include hydraulic fracturing. While the proposed rule's operating 
standards are not specific to hydraulic fracturing operations, they 
were developed with the expectation that hydraulic fracturing would 
occur on refuge lands and give the Service the ability to effectively 
manage the additional impacts that hydraulic fracturing may have on 
refuge resources and uses.
    The Service notes that the Bureau of Land Management (BLM) has 
recently promulgated regulations addressing hydraulic fracturing on 
Federal and Indian lands at 43 CFR part 3160 (80 FR 16128, March 26, 
2015). We carefully considered the recently promulgated BLM oil and gas 
regulations on hydraulic fracturing. The agencies take different 
approaches to operating standards, because of their differing statutory 
bases for regulating the exercise of oil and gas rights. Specifically, 
the BLM has regulatory authority over the development of the Federal 
mineral estate, including Federal oil and gas resources under Federal 
and Indian lands. Whereas, the Service regulations address private 
property rights within refuge units and are based on the directive of 
the NWRSAA for the NWRS ``to administer a national network of lands and 
waters for the conservation, management, and where appropriate, 
restoration of the fish, wildlife, and plant resources and their 
habitats within the United States for the benefit of present and future 
generations of Americans.'' Therefore, the Service's regulations are 
largely focused on avoiding or minimizing impacts to federally owned 
lands and resources of the NWRS to the maximum extent practicable by 
using the most technologically feasible, least damaging oil and gas 
development methods to protect refuge resources and uses.
    As a result, BLM can and has appropriately set more prescriptive 
standards in its regulation, while the Service is proposing to set 
required non-prescriptive operating standards, similar to the NPS 9B 
regulations, which allow operators flexibility to design operations 
while still protecting refuge resources, uses, and visitor health and 
safety. For example, BLM's regulation at 43 CFR 3162.5-2 (Control of 
wells) sets a performance standard with regard to protection of usable 
quality water, and BLM also prescribes regulatory measures necessary to 
achieve and verify the performance standard (43 CFR 3162.3-3(e)). The 
Service's approach is to review an operator's submissions to determine 
if they are avoiding or minimizing impacts to the maximum extent 
practicable, and if not, to add terms and conditions in the permits to 
ensure that they do so.

State Regulations

    The Service's goal, reflected in this proposed rule, is to 
complement State regulatory programs to the benefit of the surface 
estate and the resources for which we are entrusted, while not 
compromising the ability of operators to develop their resource. The 
Service and State oil and gas agencies have fundamentally different 
missions. The Service's legal mandate is to conserve fish, wildlife, 
and plant resources and their habitats for the benefit of present and 
future generations. In contrast, State oil and gas regulations 
typically focus on the protection of mineral rights and 
``conservation'' of the oil and gas resources (i.e., minimizing waste 
of oil and gas resources). From a regulatory perspective, the Service 
must manage oil and gas operations in order to protect its surface 
resources to meet its mission and congressional mandate.
    Most States provide for protection of surface and groundwater via 
well design requirements and oil pollution control measures. However, 
State programs vary widely with regard to protection of surface 
resources and surface use conflicts. In general, State oil and gas 
regulations do not address protections necessary for wildlife and its 
habitat. The Service conducted a review of State oil and gas 
regulations in 2013. Of the 43 States that have oil and gas 
regulations, all have requirements for plugging wells, but few have 
adequate requirements for removal of equipment and full reclamation of 
the site comparable to Service standards. Some State laws or 
regulations address impacts or damage to surface land owners; some do 
not. Some afford stronger protection to sensitive areas such as 
wildlife management areas; others do not. Some States address the use 
and closure of open pits; others do not. Bond requirements, oil spill 
cleanup and reporting, and fines differ considerably, as does the 
frequency of inspections of oil and gas exploration and production 
sites. Therefore, one of the issues that operators face is differing 
procedures and requirements from State to State. The proposed 
regulations are intended to provide a consistent set of procedures and 
operational standards for operations on refuges.
    The intention of the Service's proposed regulations is to avoid or 
minimize potential procedural and operational duplication of State 
programs, while working cooperatively to achieve common objectives 
between the Service, States, and operators. For example, the proposed 
regulation includes a downhole operating standard for isolation and 
protection of subsurface (and surface) resources throughout the life of 
a well. The standard would inform the public and operators of the 
Service's responsibility for all its resources, including groundwater. 
However, the Service generally proposes not to otherwise regulate 
downhole activities. We welcome comments on whether, and to what 
extent, compliance with State regulations (as a general matter or with 
respect to particular States) is expected to provide adequate 
protection of groundwater and other subsurface resources. Meeting 
operating standards specific to downhole activities, by compliance with 
State regulation, industry operating guidelines, or Service-identified 
requirements, also serves to protect surface resources by reducing the 
risks associated with well control and well construction and 
maintenance.
    In the context of enforcing State oil and gas regulations, the 
Service would focus on noncompliance issues that have the potential to 
adversely affect refuge resources and visitor uses by assimilating non-
conflicting State oil and gas law into our prohibited acts and 
penalties. Assimilation allows us to enforce on refuges State oil and 
gas requirements as a matter of Federal law. States may not have enough 
inspectors to ensure companies are meeting State standards. Louisiana, 
the State with the most non-Federal oil and gas production on refuge 
lands, recently reported that it lacks an adequate number of inspectors 
and its inspection rate is too low. Under this proposed rule, the 
Service would work cooperatively with States to ensure that operators 
on refuges are meeting both Service and State regulations that pertain 
to oil and gas operations.

Section-by-Section Analysis

Sec.  28.11 Purpose of Regulations

    Proposed Sec.  28.11 would be amended for a technical correction.

Sec.  29.32 Non-Federal Mineral Rights

    Proposed Sec.  29.32 would be amended to clarify the scope and 
general policy of subpart D.

[[Page 77206]]

    Proposed Sec.  29.32(a) clarifies that this section is applicable 
to all NWRS non-Federal mineral rights owners within the National 
Wildlife Refuge System, excluding coordination areas, as defined in 50 
CFR 25.12, and that it is the expectation of the Service that: All 
exploration, development, and production operations are conducted in a 
manner that avoids or minimizes impacts to refuge resources to the 
maximum extent practicable; operators comply with all applicable 
Federal and State laws; and all structures and equipment are removed 
when no longer necessary and the area restored to pre-operation 
conditions to the extent possible. Proposed Sec.  29.32(b) states that 
nothing in the section will be applied to contravene or nullify rights 
vested in holders of mineral interests on refuge lands.

Sec. Sec.  29.40-29.44 Purpose and Scope

    The existing regulations are inadequate to protect the resources 
the refuges were created to maintain. The proposed rule would clarify 
that the revised regulations will apply to all non-Federal oil and gas 
operations conducted on NWRS lands, excluding coordination areas, in 
order to protect federally owned or refuge-administered lands, waters, 
or wildlife resources; visitor uses or experiences; and visitor and 
employee health and safety, as Congress prescribed as the mission of 
the NWRS at 16 U.S.C. 668dd(a)(4).
    The purpose of proposed Sec.  29.40(a) is to ensure operators use 
technologically feasible, least-damaging methods to remove non-Federal 
oil and gas resources from the subsurface of NWRS lands in order to 
protect and conserve refuge resources. Examples of technologically 
feasible, least-damaging methods include, but are not limited to, use 
of directionally drilling (slant drilling) to avoid surface impacts to 
important habitat, consolidating infrastructure (drilling multiple 
wells off a single pad) to reduce fragmentation, use of survey methods 
that do not require line of sight, or mat drilling in sensitive 
habitats.
    Proposed Sec.  29.40(b) provides that subpart D applies to 
operators who conduct or propose to conduct non-Federal oil and gas 
operations on the Service-administered surface estate of lands held in 
fee or less-than fee (excluding coordination areas) as well as to 
operations on any waters within the boundaries of the refuge. Because 
operations on and in the waters within refuge boundaries have the 
potential to broadly impact resources throughout the refuge, we are 
proposing that these regulations apply on and within waters subject to 
the jurisdiction of the United States located within that unit, 
including navigable waters and areas within their ordinary reach (up to 
the mean high-water line in places subject to the ebb and flow of the 
tide, or up to the ordinary high-water mark in other places that are 
navigable), irrespective of ownership of submerged lands, tidelands or 
lowlands, and jurisdictional status. Further, we note that Congress 
specifically defined the term refuges in the NWRSIA as including 
``waters, or an interest in land and waters'' at 16 U.S.C. 668ee(11).
    Operations are defined in proposed Sec.  29.50 as ``all existing 
and proposed functions, work, and activities in connection with the 
exercise of oil or gas rights not owned by the United States and 
located or occurring within a refuge. Operations include, but are not 
limited to: Access by any means to or from an area of operations; 
construction; geological and geophysical exploration; drilling, well 
servicing, workover, or recompletion; production; enhanced recovery 
operations; gathering (including installation and maintenance of 
flowlines and gathering lines); storage, transport, or processing of 
petroleum products; earth moving; excavation; hauling; disposal; 
surveillance, inspection, monitoring, or maintenance of wells, 
facilities, and equipment; reclamation; road and pad building or 
improvement; shot hole and well plugging and abandonment, and 
reclamation; and all other activities incident to any of the foregoing. 
Operations do not include reconnaissance surveys as defined in this 
subpart or oil and gas pipelines that are located within a refuge under 
authority of a deeded or other right-of-way.''
    These regulations are not intended to apply to operations on 
neighboring private lands or non-Federal surface estates within refuge 
boundaries. As discussed previously, if an operator must physically 
cross Service lands, the operator must obtain an operations permit and 
comply with other applicable provisions for that access. Use of 
aircraft, including, but not limited to, airplanes, helicopters, and 
unmanned aircraft vehicles that do not land on, or are not launched 
from, refuge-administered surface estate land or waters, is not subject 
to these regulations.
    Proposed Sec.  29.40(c) of this subpart would acknowledge that the 
intent of the proposed rule is to reasonably regulate such activities, 
but not to result in a taking of private property. Although we would 
place refuge-protecting mitigation measures on proposed operations, the 
Service does not intend that implementation of these regulations would 
result in a denial of access to prospective operators to exercise their 
non-Federal oil and gas rights. We would work with operators to ensure 
they have reasonable access to their operations and that refuge 
resources and values are protected without resulting in a taking in 
violation of the Fifth Amendment of the U.S. Constitution.
    Proposed Sec.  29.41 clarifies this subpart applies to operators if 
they conduct or propose to conduct a non-Federal oil or gas operation 
within a refuge.
    Proposed Sec.  29.42 clarifies what authorization is necessary to 
conduct operations on NWRS lands. The regulations at Sec.  29.42(a) 
would require that all operators must demonstrate ``up front'' that 
they hold a valid existing right to conduct operations within a refuge. 
Until the operator demonstrates a valid existing right to conduct 
operations, the operator may not operate within a refuge and we will 
not undertake a formal review of the operator's permit application.
    Proposed Sec.  29.42(b) would require operators with a new oil and 
gas operation to obtain a temporary access permit to conduct 
reconnaissance surveys and/or an operations permit to conduct drilling 
or production within a refuge. This permit requirement would ensure 
that new operations on NWRS lands use best management practices and are 
conducted in a time, place, and manner that avoid or minimize potential 
impacts to refuge resources to the maximum extent practicable.
    Proposed Sec.  29.42(c) would clarify that for refuge units in 
Alaska, access to oil and gas rights within any refuge would continue 
to be governed by title XI of the Alaska National Interest Lands 
Conservation Act (ANILCA; 16 U.S.C. 410hh-410hh-5, 16 U.S.C. 3101 et 
seq., 43 U.S.C. 1601 et seq.), and the Department's implementing 
regulations and standards found at 43 CFR part 36 and 50 CFR part 29 
subpart B. This includes authorization to charge access fees, as well 
as penalties for any violations of permits issued under these 
regulations. However, where the proposed rule does not conflict with 
these provisions, regulations, and standards, the proposed rule will 
apply to operations in Alaska. For example, the operating standards at 
proposed Sec. Sec.  29.110-29.118 and the provisions regarding well 
plugging at proposed Sec. Sec.  29.180-29.181 would be incorporated 
into an operator's ROW permit. Additionally, the prohibited acts and 
penalties at proposed Sec.  29.190 would apply where they do not 
conflict.

[[Page 77207]]

    Proposed Sec.  29.43 would authorize an operator who currently 
holds an approved permit to continue operations, subject to the 
applicable provisions of that permit, until they propose to conduct new 
operations or modify existing operations.
    If an operator does not hold an existing special use permit but is 
conducting an operation prior to the effective date of the final rule, 
proposed Sec.  29.44 would authorize the operator to continue with this 
operation in accordance with local, State, and Federal laws and 
regulations. However, these operations would need to comply with 
proposed Sec. Sec.  29.60 through 29.63, which outline additional 
information requirements, prohibitions, and reclamation requirements, 
as well as the requirements that, before conducting a new operation or 
modifying a pre-existing operation, an operator must obtain an 
operations permit in accordance with Sec. Sec.  29.90 through 29.97.

Sec.  29.50 Definitions

    The proposed rule would establish and organize definitions for 
terms commonly used throughout the regulations.

Sec. Sec.  29.60-29.64 Pre-Existing Operations

    Proposed Sec.  29.60 defines pre-existing operations as those being 
conducted under local, State, and Federal laws and regulations and 
without an approved permit from the Service as of the effective date of 
a final rule, or prior to a boundary change or establishment of a new 
refuge unit. These operations may continue without an operations permit 
subject to the terms and conditions of this section. Proposed 
operations that become located within a refuge unit as the result of a 
boundary adjustment would be subject to the same process.
    Proposed Sec.  29.61(a)-(d) describes the information for pre-
existing operations that would be required to be submitted to the 
Service to be in compliance with the rule. For a new oil and gas 
operation within a refuge, we would require an operator to submit the 
information necessary for us to approve the least-damaging locations 
for its access route, drilling site, production facilities, and 
gathering lines routes. However, for pre-existing operations, the 
operator's well has already been drilled and the area of operations 
(access route, well site, production facilities, and routes for 
gathering lines) has already been established. Therefore, under 
proposed Sec.  29.61, within 90 days of the effective date of a final 
rule promulgating this subpart, operators would have to provide the 
Service with the information described in this section, including 
ownership documentation, contact information, a scaled map clearly 
delineating the existing area of operations, and copies of all relevant 
plans and permits. This information is needed for future monitoring of 
the pre-existing operations to ensure compliance with existing 
standards (local, State, Federal).
    The proposed regulations at Sec.  29.62(a) would require the 
operator to obtain an operations permit if the operator enters a new 
phase of operations, such as when an operator ends production 
operations and proceeds to well plugging and final reclamation. 
Proposed Sec.  29.62(b) would require the operator to obtain an 
operations permit if the Service determines that the operator is 
modifying a pre-existing operation. Modifying is defined at proposed 
Sec.  29.50 as ``conducting new activities that are outside the scope 
of your existing operations in a manner that has additional impacts on 
refuge resources, visitor uses, refuge administration, or human health 
and safety beyond the scope, intensity, and/or duration of existing 
impacts. If an operator is considering altering their operation in a 
manner that may result in additional impacts to refuge resources, they 
should consult with the Service to determine whether proposed changes 
would constitute a modification. Examples of a modification include 
drilling additional wells from the same pad, creating additional 
surface disturbance (e.g., expanding the footprint of a well pad, 
realigning a road), or converting a natural gas well into a wastewater 
disposal well, as these modifications will have impacts beyond the 
scope, intensity, and/or duration of existing impacts. This provision 
is not intended to apply to minor actions, such as repositioning of 
surface facilities within the current footprint of pre-existing 
operations, minor changes in color schemes, or minor, non-routine 
maintenance actions.
    Proposed Sec.  29.63 ensures that pre-existing operations will be 
reclaimed to Service standards at proposed Sec.  29.117(d). Operators 
must comply with the proposed reclamation requirements, including 
obtaining an operations permit for all reclamation activities.
    Under proposed Sec.  29.64, pre-existing operations would have to 
comply with the general terms and conditions at proposed Sec. Sec.  
29.120 and 29.121, as well as proposed Sec. Sec.  29.170(a) (change of 
operator), 29.180-29.181 (well plugging), 29.190 (prohibited acts and 
penalties), and 29.200 (appeals). Suspensions would not be necessary if 
operators are meeting Service standards.

Sec. Sec.  29.70-29.73 Temporary Access Permits

    Proposed Sec. Sec.  29.70-29.73 outline the process to obtain a 
temporary access permit. The temporary access permit is a special use 
permit that authorizes an operator to conduct reconnaissance surveys. 
Proposed Sec.  29.71 identifies the information necessary for the 
Service to evaluate the operator's proposal to conduct reconnaissance 
surveys. This includes a brief description of intended operations so we 
can determine the operator's reconnaissance survey needs. Proposed 
Sec.  29.72 describes the process for us to review the operator's 
temporary access permit application for completeness. Under proposed 
Sec.  29.73, a temporary access permit would be issued for 
reconnaissance surveys for a period not to exceed 60 calendar days, but 
may be extended for a reasonable additional period when justified by an 
operator.

Sec.  29.80 Accessing Oil and Gas Rights From a Non-Federal Surface 
Location (Including Inholdings)

    As discussed above, operators are exempt from the regulations if 
they directionally drill from a non-Federal surface location, including 
on non-Federal inholdings, and do not require physical access across 
Service lands to reach a bottom hole located within refuge boundaries. 
Proposed Sec.  29.80 identifies the information an operator would be 
encouraged to submit to the Service to ensure that the Service has the 
necessary information to contact operators in case of an emergency or 
if unanticipated damages to refuge resources occur. If the operator 
needs to physically cross Service land for access to non-Federal lands, 
the operator would be required to comply with applicable provisions of 
this subpart only for that access, including obtaining an operations 
permit for any new access or a modification of existing access.

Sec. Sec.  29.90-29.97 Operations Permit: Application

    The proposed regulations require early collaboration in the 
planning process to provide operators guidance on information 
requirements, alternative areas of operations locations, and potential 
mitigation and avoidance measures.
    The proposed rule at Sec. Sec.  29.90-29.97 organizes information 
requirements for each type of operation. Further discussion of the 
specific information proposed to be collected can be found under the 
section below, Paperwork Reduction Act of 1995 (PRA).
    Proposed Sec.  29.90 would require operators to submit an 
operations

[[Page 77208]]

permit application, unless the operator is exempt from those 
requirements because they are operating under an existing special use 
or ROW permit, they are operating a pre-existing operation, they are 
only conducting a reconnaissance survey, or they are drilling from a 
private (non-Federal) surface location that is either outside the 
refuge boundary or is a surface inholding within the boundary, provided 
that no operations associated with the oil and gas right take place on 
federally owned or Service-administered surface estate within the 
refuge.
    Proposed Sec.  29.91 urges operators to have a pre-application 
meeting with the Service to allow for an early exchange of information, 
including discussion of Service and operator concerns, as well as avoid 
delays in the application process. At this meeting, operators are 
encouraged to provide information on oil and gas ownership (including 
deeds or other relevant information which the applicant believes would 
control the applicability of the regulations under this subpart to the 
applicant's operations), operation schedules, contact information for 
company officials and their contractors, map of the proposed area of 
operations, description of access and transportation plans, and a 
description of the survey methodology for refuge resources, such as 
wildlife or cultural resources.
    Proposed Sec.  29.92 clarifies that operators do not need to 
include previously submitted information in their operations permit 
application, provided such information is on file with the Service, 
still current, and accurate. Operators may also submit copies of 
documents submitted to other agencies to meet the information 
requirements of their operations permit application.
    Proposed Sec.  29.93 clarifies that the operator only needs to 
submit the information for the operation for which they are seeking 
approval.
    Proposed Sec.  29.94 lists information requirements common to all 
operations, including information about existing conditions of the area 
of operations, proposed new surface uses, use of water, management of 
waste including flowback fluids from hydraulic fracturing operations, 
mitigation actions, alternatives considered, a spill control and 
emergency preparedness plan, and proposed reclamation.
    Proposed Sec.  29.95 identifies the additional information a 
geophysical operator would need to submit to the Service.
    Proposed Sec.  29.96 identifies the additional information a 
drilling operator would need to submit to the Service.
    Proposed Sec.  29.97 identifies the additional information a 
production operator would need to submit to the Service.

Sec. Sec.  29.100-29.104 Operations Permit: Application Review

    The proposed regulations at Sec. Sec.  29.100-29.104 establish a 
two-stage permit application review process (an initial review and a 
formal review), provide realistic timeframes to provide notice back to 
an operator, and consolidate the final decisions the Service can make 
on an operator's permit application.
    Proposed Sec.  29.100 provides general information about how the 
Service will review an operator's application, which is an initial 
review to ensure that information is complete followed by formal 
review. Proposed Sec.  29.101 describes the Service's initial review of 
an operator's permit application. During initial review, the Service 
would determine whether the applicant has supplied all information 
necessary for the Service to evaluate the operation's potential effects 
to federally owned or administered lands, waters, or resources of 
Service units; visitor uses or experiences; or visitor or employee 
health and safety. The Service would respond to an applicant within 30 
days and state whether the information contained in the permit 
application is complete, identify the additional information required 
for the application to be complete, or notify the applicant that the 
Service needs more time to complete review. Once a permit application 
is complete, the Service conducts a formal review. For operators 
accessing oil and gas rights within Alaska refuges, proposed Sec.  
29.101(c) ensures that the regulations under title XI of ANILCA apply.
    During the formal review process, under proposed Sec. Sec.  29.102-
29.103, the Service would evaluate the potential impacts of the 
proposed operations on refuge resources in compliance with applicable 
Federal laws, such as the National Environmental Policy Act of 1969 
(NEPA, 42 U.S.C. 4321 et seq.); the Endangered Species Act of 1973, as 
amended (ESA, 16 U.S.C. 1531 et seq.); the Migratory Bird Treaty Act 
(MBTA, 16 U.S.C. 703-712); and the National Historic Preservation Act 
of 1966 (NHPA, 16 U.S.C. 470 et seq.). Under proposed Sec.  29.102(b), 
the Service would identify any additional operating conditions that 
would apply to the operator's approved application.
    Operators conducting non-Federal oil and gas operations in refuge 
units must also comply with all applicable non-conflicting State and 
local laws (proposed 50 CFR 29.120). As discussed above, it is the 
policy of the Service to be consistent with and complementary to State 
law to the maximum extent possible. Operators would still be required 
to obtain State-issued permits where applicable.
    Additionally, proposed Sec.  29.103(a) requires that, before 
approving an operations permit, the Service determine that the operator 
will use technologically feasible, least-damaging methods that provide 
for protection of the refuge's resources and public health and safety.
    Proposed Sec.  29.103(b) includes two prerequisites to approval: 
(1) Submittal of adequate financial assurance, and (2) proof of 
adequate liability insurance.
    Proposed Sec.  29.104 describes the actions the Service will take 
on the operations permit application. Proposed Sec.  29.104(a) 
establishes a general 180-day timeframe to complete its formal review. 
These decisions require time to adequately analyze an operator's 
proposal, work with the operator on a design that incorporates 
acceptable avoidance and mitigation measures, and compliance with the 
associated Federal statutory responsibilities such as NEPA, ESA, and 
NHPA. The proposed regulations would allow for a longer period of time, 
if the parties agree to it, or if the Service determines that it needs 
more time to comply with applicable laws, executive orders, and 
regulations. The Service seeks comment on whether 180 days is 
reasonable and any incremental impacts on operators.
    For operations that need to access inholdings in Alaska, proposed 
Sec.  29.104(b) provides the timelines for ANILCA title XI/Access (43 
CFR part 36).
    Proposed Sec.  29.104(c) would establish two final actions: (1) 
Approved, with or without conditions; or (2) Denied, and the 
justification for the denial. The Service would notify the operator in 
writing of the final action. If approved, this written notification 
constitutes the Service's authorization to conduct activities.

Sec. Sec.  29.110-29.119 Operating Standards

    Proposed Sec. Sec.  29.110-29.119 would clarify the purpose and 
function of operating standards. As discussed above, the Service would 
set performance-based operating standards to allow operators the 
flexibility to design their proposed operation using the latest 
technological innovations with an overall objective of using 
technologically feasible, least-damaging methods that will best protect 
refuge

[[Page 77209]]

resources, values, and visitor health and safety.
    The proposed rule would organize operating standards into the 
following categories: Sec. Sec.  29.111 through 29.116 are operating 
standards that apply to all operations; Sec.  29.117 contains operating 
standards that apply to reclamation; Sec.  29.118 contains operating 
standards that apply to geophysical operations; and Sec.  29.119 
contains operating standards that apply to drilling and production 
operations, including enhanced recovery operations. Organizing the 
standards in this manner would allow the Service and the operator to 
readily understand which operating standards are applicable to the 
particular type of proposed operation.
    Proposed Sec.  29.111 addresses general facility design and 
management standards. These include the extent of surface disturbance, 
spill control, waste management, air emissions, and control of noxious 
and invasive species.
    Proposed Sec.  29.111(a) would ensure that either existing or newly 
created surface disturbance is kept to the minimum necessary for the 
safe conduct of operations.
    Proposed Sec.  29.111(b) would require installation and maintenance 
of secondary containment for all equipment and facilities using or 
containing contaminating substances such as oil, brine, formation 
water, or well stimulation chemicals. This could include constructing 
dikes around tank batteries to contain spills, fencing off the area to 
exclude livestock and large wildlife to prevent them from rubbing 
against valves or pipes and causing spills, stormproofing buildings 
used for storing hazardous chemicals, or using containment tubs or 
trays underneath chemical containers to catch drips or spills.
    Proposed Sec.  29.111(c) would require maintaining waste in as 
small an area as feasible. This could include a focus on practices that 
minimize the generation of waste, but could also include a waste 
containment system, waste disposal schedule, and identification of 
responsible parties if waste is not properly confined.
    Proposed Sec.  29.111(d) would require adherence to all State and 
Federal air quality standards.
    Proposed Sec.  29.111(e) would require operators to construct, 
maintain, and use roads to minimize fugitive dust emissions. Many 
methods are available to minimize fugitive dust emissions, such as 
vehicle speed limits (< 25 mph), applying water or other refuge-
approved dust control treatment, and constructing roads to a minimum 
refuge-approved design standard.
    Proposed Sec.  29.111(f) would require operators to minimize 
emissions of air pollutants and releases or flaring of gas. Some States 
require additional air quality devices be installed (e.g., Colorado's 
secondary burn units) or installing additional scrubbers in areas not 
meeting attainment goals.
    Proposed Sec.  29.111(g) would require operators to minimize 
leakage of air pollutants and hydrocarbons to the atmosphere.
    Proposed Sec.  29.111(h) would require operators to control the 
introduction of noxious and invasive species on their area of 
operations. This could include inspecting all vehicles prior to their 
arrival on the refuge, removing noxious weeds from equipment and 
vehicles, using only approved native species in reclamation seed mixes, 
and immediately implementing interim reclamation in order to minimize 
the potential for the spread of invasive species in disturbed soils.
    Proposed Sec.  29.111(i) would require operators to maintain a safe 
distance (i.e., 500 feet) from any refuge structure or facility used by 
refuges for interpretation, public recreation, or administration in 
order to protect federally owned or administered structures or 
facilities, visitor uses or experiences, or visitor or employee health 
and safety. This distance may increase or decrease depending on the 
situation.
    The Service is proposing specific standards at Sec.  29.112 that 
would address fish and wildlife protection.
    Proposed Sec.  29.112(a) would require that operators and 
contractors abide by all refuge regulations to protect fish, wildlife, 
and plants. Our regulations in title 50, chapter I, subchapter C of the 
Code of Federal Regulations provide general and specific refuge 
regulations, such as hunting and fishing, safety, and recreation, among 
others.
    Proposed Sec.  29.112(b) would require that operators, as well as 
their employees and contractors, be educated and informed by refuge 
staff of applicable wildlife protection practices. This would include 
information such as obeying all posted speed limits, avoiding closed 
refuge areas, and training staff on what constitutes wildlife 
violations.
    Proposed Sec.  29.112(c) would require operators to provide a safe 
environment for fish and wildlife free from physical and chemical 
hazards. This could include maintaining equipment in good condition, 
immediately reporting and cleaning all spills, and proactive management 
to prevent spills.
    Proposed Sec.  29.112(d) would require that operators comply with 
all seasonal and other restrictive wildlife buffers. This could include 
following timing buffers (e.g., avoid areas between the hours of 6 p.m. 
through 6 a.m.), seasonal buffers (e.g., avoid areas between November 
15 and April 15), or distance buffers (e.g., avoid human presence 
within \1/4\ mile of certain nest sites).
    The Service is proposing specific standards at Sec.  29.113 that 
would address hydrologic resources.
    Proposed Sec.  29.113(a) would require operators to maintain a safe 
distance (i.e., 500 feet) from all waters to reduce the risk of 
contaminating those waters with oil and gas-related fluids. This 
distance may increase or decrease depending on the situation. Often 
distance and slope are the only buffers that prevent contaminants from 
reaching waterways.
    Proposed Sec.  29.113(b) would require operators to construct 
facilities in a manner to maintain hydrologic movement and function. 
This could include installing structures to divert runoff away from 
well sites, not siting facilities in floodplains, or installing 
culverts in access roads to maintain natural drainage patterns.
    Proposed Sec.  29.113(c) would require operators to maintain the 
existing water quality of the site. This could include applying spill 
prevention, containment, and countermeasures (SPCC) practices to 
prevent chemical, oil, or brine leaks and spills from contaminating 
surface water, and implementing erosion control measures to prevent or 
minimize siltation of surface waters.
    Proposed Sec.  29.113(d) would require operators to maintain 
natural levels of erosion and sedimentation. This could include 
recontouring and reseeding disturbed areas, implementing larger buffers 
away from waterways, building roads and pads according to refuge 
specifications, and installing water bars and right-sized culverts.
    The Service is proposing specific standards at Sec.  29.114 that 
would address safety.
    Proposed Sec.  29.114(a) would require operators to maintain their 
area of operations in a manner that avoids or minimizes the cause or 
spread of fire. This could include maintaining fire breaks around 
facilities and equipment, and not driving across grassy areas during 
hot, dry conditions.
    Proposed Sec.  29.114(b) would require operators to maintain all 
facilities and operations to prevent physical and chemical hazards to 
refuge resources, visitors, and employees. This could include storing 
chemicals onsite, locking storage buildings and sheds, and substituting 
hazardous chemicals with non-hazardous ones.

[[Page 77210]]

    Proposed Sec.  29.114(c) would require operators to provide site 
security to prevent hazardous conditions from affecting visitors or 
employees. This could include fencing around the facility, pump jack, 
well pad, or well head; locking buildings; or posting guards.
    The Service is proposing specific standards at Sec.  29.115 that 
would address lighting and visual impacts.
    Proposed Sec.  29.115(a) would require operators to reduce effects 
to night skies by minimizing light emissions from their operations. 
This could include using the minimum lighting necessary for site 
safety, and directing lights downward to minimize the effect on night 
skies.
    Proposed Sec.  29.115(b) would require operators to minimize the 
contrast between their facilities and the surrounding environment by 
blending their operations with the background to minimize their 
appearance. This could include painting facilities, equipment, and 
buildings to blend with the background; siting facilities in low areas 
beyond hills or rises; using topography to help screen facilities; and 
using road and well pad materials similar in composition and color to 
minimize their appearance (e.g., using native materials for roads and 
well pads).
    The Service is proposing specific standards at Sec.  29.116 that 
would address noise reduction. This could include sound abatement 
techniques, such as hospital-grade mufflers, constructing sound buffers 
(e.g., hay bales around a drilling rig), and reducing speed limits to 
reduce the effects of noise on wildlife and visitors.
    The Service is proposing specific standards at proposed Sec.  
29.117 for reclamation and protection measures required of all 
operators.
    Proposed Sec.  29.117(a) would require the operator to promptly 
clean up and remove contaminating substances from their area of 
operations in accordance with all applicable Federal, State, and local 
laws.
    Proposed Sec.  29.117(b) would require partial reclamation of areas 
no longer necessary for their operations. It would also require an 
operator to initiate reclamation within 6 months of completion of 
authorized operations.
    Proposed Sec.  29.117(c) would require an operator to protect all 
survey markers.
    Proposed Sec.  29.117(d) provides steps that must be accomplished 
to re-establish the ecological function of the site.
    The Service is proposing specific standards at proposed Sec.  
29.118 for operators proposing geophysical operations.
    Proposed Sec.  29.118(a) directs operators to use surveying methods 
that minimize the need for vegetative trimming and removal. This could 
include avoiding use of line-of-sight surveying methods.
    Proposed Sec.  29.118(b) protects pipelines, telephone lines, 
railroad tracks, roads, power lines, water wells, oil and gas wells, 
oil- and gas-production facilities, and buildings. This could include 
using industry-accepted minimum safe-offset distances.
    Proposed Sec.  29.118(c) directs operators to match equipment to 
the environment to minimize impacts. This could include using boat-
mounted drilling rigs in marshy habitats, putting helicopter equipment 
into areas where impacts would be difficult to mitigate with tracked 
vehicles, or conducting operations when ground is frozen or sensitive 
species are not present.
    Proposed Sec.  29.118(d) describes how operators are to reclaim 
sites when using shot holes as the energy source. This could include 
using biodegradable charges, plugging shot holes, and leaving sites 
clean without impeding surface reclamation or posing a hazard.
    Proposed Sec.  29.118(e) clarifies that, for geological and 
geophysical exploration for oil and gas within the coastal plain of the 
Arctic National Wildlife Refuge, the regulations at 50 CFR part 37 
apply.
    The Service is proposing specific standards at proposed Sec.  
29.119 for operators proposing drilling and production operations.
    Proposed Sec.  29.119(a) establishes drilling standards, including 
waste management, such as using containerized mud systems, avoiding 
earthen pits, and using sound well control equipment and practices. 
Well design and operation must provide for isolation and protection of 
usable water zones. Drill cuttings must be disposed of at an approved 
site off-refuge.
    Proposed Sec.  29.119(b) establishes standards for production 
operations including monitoring and maintenance of equipment, proper 
site security, and removal of unnecessary equipment.

Sec. Sec.  29.120-29.122 General Terms and Conditions

    The Service proposes a ``General Terms and Conditions'' section to 
summarize those terms and conditions that apply to all operations.
    Proposed Sec.  29.120(a) outlines the operating standards that all 
operators must comply with and states that those standards for new 
operations would be incorporated in the terms and conditions of their 
operations permit. This section also notifies an operator that 
violation of these terms and conditions can lead to fines and/or 
prosecution.
    The proposed Sec.  29.120(b) holds operator's contractors or 
subcontractors accountable for compliance with all requirements of this 
subpart.
    Under proposed Sec.  29.120(c), the Service would retain a right to 
charge fees for processing and administering permit applications if 
they prove to be a significant workload. The Service may still require 
reimbursement for costs incurred in processing applications, whether or 
not the application is withdrawn or a permit is issued.
    Proposed Sec.  29.120(d) restricts the use of surface water or 
groundwater on NWRS lands. If not covered by a State-held water right, 
any use of water within a refuge must be approved by the Service upon 
the Service's determination that it will not impair any refuge resource 
or use.
    Proposed Sec.  29.120(e) would require operators to provide a 
statement under penalty of perjury, signed by an official authorized to 
legally bind the company, that the operations will comply with 
applicable Federal, State, and local laws and regulations and that the 
information provided to the Service is true and correct.
    Proposed Sec.  29.120(f) would require an operator to indemnify and 
hold harmless the United States and its employees from all liability 
resulting from activities conducted under an operations permit.
    Proposed Sec.  29.120(g) would require an operator to take all 
reasonable precautions to avoid, minimize, rectify, or reduce overall 
impacts of the proposed operations. The operator may be required to 
mitigate for any impacts to refuge resources and lost uses by creating 
or restoring habitat, or providing other forms of compensation under 
applicable State laws.
    Proposed Sec.  29.120(h) holds operators responsible for 
unauthorized or unanticipated damages because of their operations, and 
actions of their employees or contractors, and reclamation of damages 
caused by operations as a result of weather, fire, earthquakes, or 
similar uncontrolled actions. For example, an operator would remain 
responsible for removing a tank from a marsh after a hurricane blows it 
off site.
    Because monitoring and reporting requirements apply, in varying 
degrees, to all operations, the Service is proposing to include 
monitoring and reporting requirements under general terms and 
conditions at proposed Sec.  29.121.
    Proposed Sec.  29.121(a) would require an operator to provide the 
Service access to

[[Page 77211]]

its area of operations for monitoring compliance with the rule. This 
monitoring may include sample collection and analysis of soil, surface 
water, or ground water. Access to the site is open to the Service 
regardless of time, season, and date, and could include third-party 
monitors or refuge staff.
    Proposed Sec.  29.121(b) would allow the Service to require that 
operators hire third-party contractors (third-party monitor) when 
necessary to ensure compliance and protect refuge resources and values. 
The use of third-party monitors helps ensure that the Service receives 
unbiased, reliable, and timely monitoring information demonstrating an 
operator's compliance with its permit. This proposed section also 
describes the criteria that the Service would consider when making the 
decision to require an operator to pay for a third-party monitor. The 
criteria could include an operator's proposal for self-monitoring. The 
third-party monitor would report directly to the Service to ensure 
oversight and accountability and prevent the appearance of a conflict 
of interest. Use of third-party monitors is a common industry practice.
    Proposed Sec.  29.121(c) would require operators to report any 
injuries to or mortality of fish, wildlife, or endangered or threatened 
plants resulting from their operations to the Service within 24 hours 
of any incident. Such occurrences, regardless of the context, should be 
reported as soon as possible, but no later than 24 hours after the 
incident. This could include a gas release resulting in wildlife 
mortality, collisions with company vehicles, or entrapment in a 
facility or on a well pad. This requirement is in addition to any 
report required by other applicable Federal or State laws.
    Proposed Sec.  29.121(d) would require operators to report any 
accidents involving serious personal injury or death, and of any fires 
or spills on the site immediately after the accident occurs. Operators 
must also provide a full written report to the Service within 90 days 
of the incident explaining what happened, why it happened, who was 
involved, the results, and how the company intends to prevent similar 
incidents in the future. This requirement is in addition to any report 
required by other applicable Federal or State laws.
    Proposed Sec.  29.121(e) would require that the operator submit any 
information requested by the Service that is necessary to verify 
compliance with either a provision of the operations permit or this 
subpart. To ease any burden, the proposed rule would allow an operator 
to submit reports that the operator has already submitted to a State or 
other Federal agency to meet this reporting requirement.
    Proposed Sec.  29.121(f) would require that the operator provide 
public disclosure of chemicals used in hydraulic fracturing operations 
using the FracFocus Chemical Disclosure Registry or another approved 
database system.
    Proposed Sec.  29.122 provides that an operations permit is valid 
for the period of the operation. However, a permit may be modified by 
an operator or the Service, as outlined in proposed Sec.  29.160.

Sec. Sec.  29.140-29.142 Access Fees

    Operators may need to cross Federal lands where they have no pre-
existing property or other legal right to do so. Under proposed Sec.  
29.140, operators would have to obtain permission from the Service for 
such access across NWRS lands. Proposed Sec.  29.140(b) clarifies that 
access in Alaska is governed by regulations and standards at 43 CFR 
part 36. This would include access fees and violations of permits 
issued under those regulations. Proposed Sec.  29.141 provides that the 
Service may charge the operator a fee for such additional access. The 
NPS, Forest Service, and Bureau of Land Management (BLM), as well as 
private landowners, already charge similar fees for such access. Such 
fees are based on the fair market value of the use of Federal property 
outside the scope of their property right.
    Proposed Sec.  29.141(a) would require operators to pay a fee for 
new access (e.g., roads or gatherings lines) across Federal lands not 
within the scope of their oil and gas right. The Service would set the 
fee amount using generally accepted practices. For example, the Service 
could set fees consistent with current Service regulations regarding 
fees for access, calculate fees using the BLM's Linear Rights-of-way 
Fee Schedule, or use an appraisal.
    Under proposed Sec.  29.141(b), the Service would retain the right 
to charge a fee for access on an existing road consistent with a posted 
fee schedule. This fee would be used to reflect any increased 
maintenance costs on these roads when compared to the normal use by the 
general public or refuge staff, such as purchasing fuel for a road 
grader, gravel for a road, or maintaining refuge equipment used in road 
maintenance.
    Proposed Sec.  29.141(c) would give the Service the ability to 
allow the operator to undertake in-kind services to offset fees to the 
extent permitted by law.
    Proposed Sec.  29.142 would clarify that, while the Service will 
not charge an operator a fee for emergency access to their operation, 
the operator would remain liable for any damages caused to refuge 
resources as a result of such emergency access.

Sec. Sec.  29.150-29.154 Financial Assurance

    The current regulations at 50 CFR 29.32 do not require financial 
assurance for well plugging and reclamation. In the event of a company 
default, the Service must find the funds to plug wells and restore the 
site (i.e., remove well pad, roads and surface equipment, and restore 
habitat). Proposed Sec.  29.150 would require an operator to file an 
acceptable method of financial assurance as a condition of the 
operations permit in order to ensure that adequate funds will be 
available to carry out the plugging and reclamation requirements of the 
operations permit if an operator becomes insolvent or defaults on his/
her obligations. One example of an acceptable method of financial 
assurance is a performance bond. The assurance is intended to ensure 
that funding is available for restoration of the site, removal of 
equipment and contaminated soil, and revegetation of the area, in the 
event an operator defaults on their obligations under the permit. This 
financial assurance is in addition to any financial assurance required 
by any other Federal or State regulatory authority.
    Proposed Sec.  29.151(a) would make the financial assurance amount 
equal to the cost of plugging and abandonment and reclamation, as 
conducted by a third-party contractor. It also provides that, if the 
plugging and abandonment and reclamation costs exceed the operator's 
bond amount, they are obligated to pay that difference.
    Proposed Sec.  29.151(b) provides a method to reduce the operator's 
bond amount if the operator provides in-kind reclamation.
    Proposed Sec.  29.152 allows the Service to adjust the amount of 
financial assurance due to changed conditions or circumstances that 
increase or decrease the estimated costs of reclamation. For instance, 
if an operator elects to conduct interim reclamation, the bond amount 
for full reclamation could be reduced based on the amount of the site 
reclaimed. On the other hand, if the operator modifies their operations 
in a manner that would make the cost of plugging or reclamation more 
expensive, the bond amount could be increased.

[[Page 77212]]

    Proposed Sec.  29.153 describes the conditions under which the 
Service would release the financial assurance. The Service will release 
an operator's bond if they have met all applicable reclamation 
operating standards, as well as any additional conditions outlined in 
their operations permit.
    Proposed Sec.  29.154 describes those circumstances that would 
result in forfeiture. Failure to comply with any provision of the 
operations permit could result in forfeiture of the operator's 
financial assurance to the extent it would cost the Service to remedy 
the noncompliance. Also, under this provision, if the operator forfeits 
their financial assurance, the Service may prohibit the operator from 
removing all structures, equipment, or other material from the 
operator's area of operations; require the operator to secure the 
operations site and take any other necessary steps to protect refuge 
lands or resources, visitor uses, and visitor or employee health and 
safety; and/or suspend review of any pending permit applications until 
the Service determines that all violations have been resolved.

Sec.  29.160 Modification to an Operation

    The objectives of proposed Sec.  29.160 are to provide the Service 
or operator a method to modify an operations permit to address new or 
unanticipated changes in operational or environmental conditions. Any 
modification to an approved permit must meet the same criteria that 
apply to an operations permit as outlined in the application review 
process (proposed Sec. Sec.  29.100 through 29.104). Examples of a 
modification could include drilling additional wells from the same pad, 
creating additional surface disturbance (expanding the footprint of a 
well pad, realigning a road), or converting a natural gas well into a 
wastewater disposal well so that the resulting modification has notable 
impacts to the refuge resource.
    Minor actions that are not specifically addressed in the operations 
permit but are within the scope of the impacts analyzed would not be 
considered modifications for the purpose of this section. Examples of 
such minor actions would include repositioning of surface facilities 
within the permitted area of operations, minor changes in color 
schemes, or non-routine maintenance actions.

Sec. Sec.  29.170-29.171 Change of Operator

    A change of operator occurs anytime an entity exercising non-
Federal oil and gas rights transfers those rights to another party. 
However, a transfer of stock or change in the membership of the Board 
of Directors is not by itself a transfer subject to Service approval to 
which this provision applies. We encourage the transferring party, as 
well as new operators, to consult with the refuge manager prior to 
transfer of operations to facilitate the transition.
    Proposed Sec.  29.170 outlines the steps the operator must take if 
they are the transferring party.
    Under proposed Sec.  29.170(a), if an operator's operations are not 
under a Service-issued permit, the operator must provide the Service 
within 30 calendar days of the transfer the contact information of the 
party to whom the operator transferred their operation, the effective 
date of the transfer, and a description of the rights transferred. The 
operator must also provide written acknowledgement from the new 
operator that the contents of the notification are true and correct.
    Under proposed Sec.  29.170(b), if operations are being conducted 
under a Service-issued permit, in addition to the notification 
requirements above, the operator remains responsible for compliance 
with their operations permit until the new operator agrees in writing 
to adopt the permit with all its terms and conditions. In addition, if 
financial assurance is a component of the permit, the Service will 
retain the financial assurance until the new operator replaces it.
    Proposed Sec.  29.171 describes the responsibilities of the new 
operator.
    Proposed Sec.  29.171(a) states that, when pre-existing operations 
are transferred to a new operator, the new operator may continue 
operating under the same conditions as the previous operator, but 
within 30 calendar days from the date of the transfer, would have to 
provide to the Service its right-to-operate documentation and company 
contact information.
    Proposed Sec.  29.171(b) states that, if operations being conducted 
under a Service-issued permit are transferred to a new operator, the 
new operator would need to agree in writing to conduct operations in 
accordance with all terms and conditions of the previous operator's 
permit and file any financial assurance required under the permit with 
the Service.
    Under proposed Sec.  29.171(c), new operators have the ability to 
propose modifications to operations transferred to them as outlined in 
Sec.  29.160.

Sec. Sec.  29.180-29.181 Well Plugging

    The proposed procedures are consistent with the way many States 
approach the issue of inactive wells, and recognize that certain 
economic or logistical reasons exist to justify maintenance of wells in 
shut-in status for extended periods of time. Rather than a ``produce or 
plug'' policy, the proposed regulations provide assurance that shut-in 
wells are maintained in an environmentally sound and safe manner.
    Proposed Sec.  29.180 would require operators to plug a well within 
60 days after cessation of drilling operations (when no further action 
has been taken); or within a year of continuous inactivity after 
completion of production operations; or after expiration of the period 
approved in the operations permit to maintain the well in shut-in 
status.
    Under proposed Sec.  29.181, operators would be able to seek an 
extension to the plugging requirement by applying for an operations 
permit or modification to existing operations permit to maintain a well 
in shut-in status for up to 5 years. The operator must: Describe why 
drilling or production operations have ceased; provide a reasonable 
future use of the well; demonstrate mechanical integrity of the well; 
and follow maintenance requirements.

Sec. Sec.  29.190-29.192 Prohibited Acts and Penalties

    Proposed Sec.  29.190 provides notices to operators of the 
prohibited acts that would constitute a violation of these regulations. 
This list is in addition to general prohibited acts for members of the 
public while on NWRS lands outlined at 50 CFR part 27. Prohibited acts 
listed in proposed Sec.  29.190 include operating in violation of terms 
or conditions of an operations permit under Sec.  29.43; damaging 
Federal property; conducting operations without Service authorization; 
failure to comply with suspension or revocation orders; and failure to 
comply with local, State, and Federal statutes or regulations.
    Proposed Sec. Sec.  29.191-29.192 would give the Service the 
discretion to take various enforcement actions if the operator engages 
in a prohibited act, including fines, imprisonment, and/or suspension 
or revocation of the right to operate an operation. In order to protect 
refuge resources, the Service may refrain from processing an 
applicant's permit if the applicant has not taken action elsewhere to 
remedy severe and substantial violations within the NWRS. These new 
provisions do not affect other regulatory provisions that authorize 
termination of a permit for noncompliance under 50 CFR 25.43, or the 
general penalty provisions under 50 CFR 28.31.

[[Page 77213]]

Sec.  29.200 Appeals

    This section would provide that the operator has the right to 
appeal a decision through the process outlined in current regulations 
at 50 CFR 25.45. For ROWs, appeals would still be governed by 50 CFR 
29.22; in Alaska, appeals would still be governed by 43 CFR 36.8. Under 
the provisions of 50 CFR 25.45, the operator has 20 days after 
notification of any adverse decision to respond. The operator shall be 
notified within 20 days after receipt of their response of the final 
decision. If the Service intends to proceed with the proposed action, 
the operator shall have 30 days from the final decision to file an 
appeal to the project leader (e.g., refuge complex manager or refuge 
regional supervisor). The operator shall be notified in writing within 
30 days from the date of the appeal of that decision. The operator has 
30 days from receipt of the decision to further appeal in writing to 
the Regional Director. The Regional Director's decision shall be final 
and issued in writing to the operator within 30 days from the date of 
the appeal. The operator shall be provided an opportunity for oral 
presentation within the respective 30-day appeal periods. The operator 
must also use this administrative appeals process before challenging 
the Service's decision in court. The time to file appeals and to 
complete the process of appeals may be extended at the discretion of 
the Regional Director.

Sec.  29.210 Public Information

    This section would offer information on how the public can learn 
about oil and gas activities on refuge lands. The proposed rule 
provides the ability for an operator to protect proprietary or 
confidential information from disclosure to the public. Operators need 
to clearly mark those documents that they wish to protect from public 
disclosure as ``proprietary or confidential information'' such that 
these documents are readily identifiable by the Service decision maker. 
The Service has also included proposed provisions that allow an 
operator engaged in hydraulic fracturing operations or other operations 
involving the use of chemicals to withhold chemical formulations that 
are deemed to be a trade secret.

Sec.  29.220 Information Collection

    This section would provide information on Office of Management and 
Budget (OMB) approval of the collection of information set forth in 
these regulations.

Compliance With Other Laws, Executive Orders, and Department Policies

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this proposed 
rule is significant, because it may raise novel legal or policy issues 
arising out of legal mandates, the President's priorities, or the 
principles set forth in the Executive order.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
rule in a manner consistent with these requirements. As noted above, we 
have carefully considered both the NPS's proposed amendments to the 9B 
regulations and the recent BLM regulations related to hydraulic 
fracturing, to ensure consistency to the greatest extent possible. The 
Service is aware of the current litigation concerning BLM's final 
hydraulic fracturing rule, State of Wyoming v. U.S. Department of the 
Interior, Case No: 2:15-CV-043-SWS (D. Wyo.) (consolidated with No. 
2:15-CV-041-SWS), and Southern Ute Indian Tribe v. U.S. Department of 
the Interior, Case No: 15-CV-01303-MSK (D. Colo.), and will consider 
public comment as well as any rulings that may occur in the litigation 
in reaching final decisions on its final rule.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq., whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. The SBREFA amended 
the RFA to require Federal agencies to provide a statement of the 
factual basis for certifying that the rule will not have a significant 
economic impact on a substantial number of small entities.
    We certify that, if promulgated as proposed, this rule would not 
have a significant economic effect on a substantial number of small 
entities under the RFA (5 U.S.C. 601 et seq.). This certification is 
based on the cost-benefit and regulatory flexibility analysis found in 
the report entitled Non-Federal Oil and Gas Rulemaking Economic 
Analysis, which can be viewed at www.regulations.gov or at http://www.fws.gov/refuges/oil-and-gas/rulemaking.html, by clicking on the 
link entitled Non-Federal Oil and Gas Rulemaking Economic Analysis.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed rule is not a major rule under 5 U.S.C. 804(2). This 
rule:
    (a) Would not have an annual effect on the economy of $100 million 
or more;
    (b) Would not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions; and
    (c) Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.
    These conclusions are based on the cost-benefit and regulatory 
flexibility analysis found in the report entitled Non-Federal Oil and 
Gas Rulemaking Economic Analysis, which can be viewed at 
www.regulations.gov and also at http://www.fws.gov/refuges/oil-and-gas/rulemaking.html, by clicking on the link entitled Non-Federal Oil and 
Gas Rulemaking Economic Analysis.

Unfunded Mandates Reform Act (UMRA)

    This proposed rule would not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The rule would not have a significant or unique 
effect on State, local, or tribal governments or the private sector. It 
addresses use of refuge lands, and

[[Page 77214]]

would impose no requirements on other agencies or governments. A 
statement containing the information required by the UMRA (2 U.S.C. 
1531 et seq.) is not required.

Takings (Executive Order 12630)

    This proposed rule is not intended to result in the taking of 
private property or otherwise have takings implications under Executive 
Order 12630. The provisions of this proposed rule would afford access 
to operators exercising non-Federal mineral rights under reasonable 
regulation. No other private property is affected. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the 
proposed rule does not have sufficient Federalism implications to 
warrant the preparation of a federalism summary impact statement. It 
addresses use of refuge lands, and would impose no requirements on 
other agencies or governments. A federalism summary impact statement is 
not required.

Civil Justice Reform (Executive Order 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
proposed rule under the Department's consultation policy and under the 
criteria in Executive Order 13175 and have determined that it has no 
substantial direct effects on federally recognized Indian tribes, but 
we opened consultation under the Department's tribal consultation 
policy with all interested tribes.

Paperwork Reduction Act of 1995 (PRA)

    This proposed rule contains a collection of information that we 
have submitted to OMB for approval under the PRA (44 U.S.C. 3501 et 
seq.). We may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.
    We are proposing to collect the following information associated 
with non-Federal oil and gas operations on National Wildlife Refuge 
System lands. Operators do not need to resubmit information that is 
already on file with the Service, provided the information is still 
current and accurate. Documents and materials submitted to other 
Federal and State agencies may be submitted, if they meet the specific 
requirements of the Service.
    Pre-existing Operations (Sec.  29.61). Within 90 days after the 
effective date of these regulations, or after a boundary change or 
establishment of a new refuge unit, pre-existing operators without a 
Service-issued permit must submit:
     Documentation of the right to operate within the refuge.
     Contact information (names, phone numbers, and addresses) 
of the primary company representative; the representative responsible 
for field supervision; and the representative responsible for emergency 
response.
     Scaled map clearly delineating the existing area of 
operations.
     Copies of all plans and permits required by local, State, 
and Federal agencies.
    Temporary Access Permit Application (Sec.  29.71). We propose to 
use Parts 1 and 2 of FWS Form 3-2469 (Oil and Gas Operations Special 
Use Permit Application) as the application for a Temporary Access 
Permit. The operator must provide the information requested in Parts 1 
and 2 of the form, including, but not limited to:
     Contact information (name, legal address, and telephone 
number) for the person(s) responsible for the overall management of the 
proposed operations.
     Documentation demonstrating the right to operate within 
the refuge.
     Name, legal address, telephone number, and qualifications 
of all specialists responsible for conducting the reconnaissance 
surveys. (Only required if the assistants/subcontractors/subpermittees 
will be operating on the refuge without the permittee being present.)
     Brief description of the intended operation so that we can 
determine reconnaissance survey needs.
     Description of the survey methods that will be used to 
identify the natural and cultural resources.
     Location map (to-scale and determined by us to be 
acceptable) delineating the proposed reconnaissance survey area in 
relation to the refuge boundary and the proposed area of operations.
     Description of proposed means of access and routes for 
conducting the reconnaissance surveys.
    Accessing Oil And Gas Rights From a Non-Federal Surface Location 
(Sec.  29.80). We encourage operators to provide us, at least 60 
calendar days prior to beginning operations, the names, telephone 
numbers, and addresses of the primary company representative, the 
representative responsible for field supervision, and the 
representative responsible for emergency response.
    Pre-Application Meeting for Operations Permit (Sec.  29.91). Before 
submitting an application for an Operations Permit, operators should 
participate in a pre-application meeting with the Service and provide:
     Documentation demonstrating the right to operate within 
the refuge.
     An overview of the proposed operation and timing.
    Operations Permit Application (Sec. Sec.  29.94, 29.95, 29.96, and 
29.97). We propose to use FWS Form 3-2469 (Oil and Gas Operations 
Special Use Permit Application) as the application for an Operations 
Permit. All applicants must provide the information requested in Parts 
1, 3, 4, 8, 9, and 10, FWS Form 3-2469, including, but not limited to:

Part 1 (Sec.  29.94(a)-(b))

     Contact information (name, legal address, and telephone 
number) for the person(s) responsible for the overall management of the 
proposed operations.
     Documentation demonstrating the right to operate within 
the refuge.

Part 3 (Sec.  29.94(c)-(f))

     Description of the natural features of the proposed area 
of operations, such as: Streams, lakes, ponds, wetlands (including 
estimated depths to the top and bottom of zones of usable water); 
topographic relief; and areas that the Service has indicated are 
sensitive.
     Locations of existing roads, trails, railroad tracks, 
pipeline rights-of-way, pads, and other disturbed areas.
     Locations of existing structures that the operations could 
affect, including buildings; pipelines; oil and gas wells including 
both producing and plugged and abandoned wells; injection wells; 
freshwater wells; underground and overhead electrical lines; and other 
utility lines.
     Descriptions of the natural resource and cultural resource 
survey reports for the proposed area of operations.

Part 4 (Sec.  29.94(g)-(n))

     Location maps (to-scale and determined by us to be 
acceptable) that clearly identify:

[[Page 77215]]

    (1) Proposed area of operations, existing conditions, and proposed 
new surface uses, including the boundaries of each of the oil and gas 
tracts in relation to the proposed operations and the relevant refuge 
boundary.
    (2) Proposed access routes of new surface disturbances as 
determined by a location survey.
    (3) Location of all support facilities, including those for 
transportation (e.g., vehicle parking areas, helicopter pads, etc.), 
sanitation, occupation, staging areas, fuel storage areas, refueling 
areas, loading docks, water supplies, and disposal facilities).
     Method and diagrams (including cross sections) of any 
proposed pad construction, road construction, cut-and-fill areas, and 
surface maintenance, including erosion control.
     Number and types of equipment and vehicles, including an 
estimate of vehicular round trips associated with the operation.
     Estimated timetable for the proposed operations, including 
any operational timing constraints.
     Type and extent of security measures proposed at the area 
of operation.
     Power sources and their transmission systems for the 
proposed operations.
     Types and quantities of all solid and liquid waste 
generated and the proposed methods of storage, handling, and disposal.
     Source, quantity, access route, and transportation/
conveyance method for all water to be used in operations, including 
hydraulic fracturing, and estimates of any anticipated waste water 
volumes generated, including flowback fluids from hydraulic fracturing 
operations, and the proposed methods of storage, handling, and 
recycling or disposal.

Part 8 (Sec.  29.94(o))

     Description of proposed steps to mitigate anticipated 
adverse environmental impacts on refuge resources and uses, including, 
but not limited to: refuge's land features, land uses, fish and 
wildlife, vegetation, soils, surface and subsurface water resources, 
air quality, noise, lightscapes, viewsheds, cultural resources, and 
economic environment.
     Description of any anticipated impacts that cannot be 
mitigated.
     Description of all alternatives considered that meet the 
criteria of technologically feasible, least-damaging methods of 
operations, as well as the costs and environmental effects of such 
alternatives.

Part 9 (Sec.  29.94(p))

     Contact information (name, address, and telephone number) 
for persons that we can contact in the event of a spill, fire, or 
accident, including the order in which the persons should be contacted.
     Notification procedures and steps taken to minimize damage 
in the event of spill, fire, or accident.
     Identification of contaminating or toxic substances used 
within the area of operations or expected to be encountered during 
operations.
     Trajectory analysis for potential spills that are not 
contained on location.
     Identification of abnormal pressure, temperature, toxic 
gases or substances, or other hazardous conditions at the area of 
operations or expected to be encountered during operations.
     Measures (e.g., procedures, facility design, equipment, 
etc.) to minimize risks to human health and safety, and the 
environment.
     Steps to prevent accumulations of oil or other materials 
deemed to be fire hazards from occurring in the vicinity of well 
locations and lease tanks.
     Equipment and methods for containment and cleanup of 
contaminating substances, including a description of the equipment 
available at the area of operations and equipment available from local 
contractors.
     Storm water drainage plan and actions intended to mitigate 
storm water runoff.
     Material safety data sheets (where required by law) for 
each material that will be used or encountered during operations, 
including expected quantities maintained at the area of operations.
     Description of the emergency actions that will be taken in 
the event of injury or death to fish and wildlife or vegetation.
     Description of the emergency actions that will be taken in 
the event of accidents causing human injury.
     Contingency plans for conditions and emergencies other 
than spills, such as if the area of operations is located in areas 
prone to hurricanes, flooding, tornados, fires, or earthquakes.

Part 10 (Sec.  29.94(q)-(r))

     Description of the specific equipment, materials, methods, 
and schedule that will be used to meet the operating standards for 
reclamation at Sec.  29.117.
     Itemized list of the estimated costs that a third party 
would charge to complete reclamation.
    Geophysical Exploration (Sec.  29.95). Applicants proposing 
geophysical exploration must also provide the information requested in 
Part 5 of FWS Form 3-2469, including, but not limited to:
     Map showing the positions of each survey line including 
all source and receiver locations as determined by a locational survey, 
and shot point offset distances from wells, buildings, other 
infrastructure, cultural resources, and environmentally sensitive 
areas.
     Number of crews and numbers of workers in each crew.
     Description of the acquisition methods (including the 
procedures and specific equipment that will be used), and energy 
sources (e.g., explosives, vibroseis trucks, etc.).
     Description of methods of access along each survey line 
for personnel, materials, and equipment.
     List of all explosives, blasting equipment, chemicals, and 
fuels that will be used in the proposed operations, including a 
description of proposed disposal methods, transportation methods, 
safety measures, and storage facilities.
    Proposed Drilling Operations (Sec.  29.96). Applicants proposing 
drilling operations must also provide the information requested in Part 
6 of FWS Form 3-2469, including, but not limited to:
     Description of well pad construction, including dimensions 
and cross sections of: Cut-and-fill areas and excavations for ditches, 
sumps, and spill control equipment or structures, including lined 
areas.
     Description of the drill rig and equipment layout, 
including rig components, fuel tanks, testing equipment, support 
facilities, storage areas, and all other well-site equipment and 
facilities.
     Description of type and characteristics of the proposed 
drilling mud systems.
     Description of the equipment, materials, and methods of 
surface operations associated with drilling, well casing and cementing, 
well control, well evaluation and testing, well completion, hydraulic 
fracturing or other well stimulation, and well plugging.
    Production Operations (Sec.  29.97). Applicants proposing 
production operations must also provide the information requested in 
Part 7 of FWS Form 3-2469, including, but not limited to:
     Dimensions and a to-scale layout of: The well pad, clearly 
identifying well locations and noting partial reclamation areas; 
gathering, separation, metering, and storage equipment; electrical 
lines; fences; spill control equipment or structures including lined 
areas, artificial lift equipment, tank batteries,

[[Page 77216]]

treating and separating vessels, secondary or enhanced recovery 
facilities, water disposal facilities, gas compression and/or injection 
facilities; metering points; sales point (if on lease); tanker pickup 
points; gas compressor, including size and type (if applicable); and 
any other well site equipment.
     General description of anticipated stimulations, 
servicing, and workovers.
     Description of the procedures and equipment used to 
maintain well control.
     Description of method and means used to transport produced 
oil and gas, including vehicular transport; flowline and gathering line 
construction and operation, pipe size, and operating pressure; cathodic 
protection methods; surface equipment use; surface equipment location; 
maintenance procedures; maintenance schedules; pressure detection 
methods; and shutdown procedures.
     Road and well pad maintenance plan, including equipment 
and materials to maintain the road surface and control erosion.
     Vegetation management plan on well sites, roads, pipeline 
corridors, and other disturbed surface areas, including control of 
noxious and invasive species.
     Stormwater management plan on the well site.
     Produced water storage and disposal plan.
     Description of the equipment, materials, and procedures 
proposed for well plugging.
    Financial Assurance (Sec. Sec.  29.103(b) and 29.150). Before 
operations begin, operators must submit:
     Financial assurance in the amount specified by the Service 
and in accordance with the requirements of Sec. Sec.  29.150 through 
29.154.
     Proof of liability insurance with limits sufficient to 
cover injuries to persons or property caused by the operations.
    Identification of Wells and Related Facilities (Sec.  
29.119(b)(3)). Operators must identify wells and related facilities 
with a sign that must remain in place until the well is plugged and 
abandoned and related facilities are closed. Each sign must show the 
name of the well, name of the operator, and the emergency contact phone 
number.
Reporting (Sec.  29.121(b)-(f))
     Third-party monitors will report directly to the Service 
regarding compliance with the operations permit and efforts to protect 
federally owned or administered lands, waters, or the resources of 
refuges, visitor uses and experiences, and visitor or employee health 
and safety.
     Operators must notify the Service within 24 hours of any 
injuries to or mortality of fish, wildlife, or endangered or threatened 
plants.
     Operators must notify the Service of any accidents 
involving serious personal injury or death and of any fires or spills 
on the site immediately after the accident occurs. A full written 
report on the accident must be submitted to the Service within 90 days 
after the accident occurs.
     Operators must submit reports or other information 
necessary to verify compliance with the permit or with any provision of 
subpart D of the regulations.
     If operations include hydraulic fracturing, the operator 
must provide the Service with a report including the true vertical 
depth of the well, total water volume used, and a description of the 
base fluid and each additive in the hydraulic fracturing fluid, 
including the trade name, supplier, purpose, ingredients, Chemical 
Abstract Service Number (CAS), maximum ingredient concentration in 
additive (percent by mass), and maximum ingredient concentration in 
hydraulic fracturing fluid (percent by mass). The report must be 
submitted through FracFocus or another Service-designated database.
    Permit Modifications (Sec.  29.160(a)). To request a modification 
to operations under an approved permit, permittees must provide, in 
writing, to the Service, the operator's assigned permit number, a 
description of the proposed modification, and an explanation of why the 
modification is needed.

Change of Operator (Sec. Sec.  29.170, 29.171)

Transfer of Right To Operate (Sec.  29.170)

    Operators conducting operations under Sec. Sec.  29.43 or 29.44 
must notify the Service in writing within 30 calendar days from the 
date the new operator acquires the rights to conduct operations. 
Written notification must include:
     Names and addresses of the person or entity conveying the 
right and of the person or entity acquiring the right.
     Effective date of transfer.
     Description of the rights, assets, and liabilities being 
transferred and which ones, if any, are being reserved by the previous 
operator.
    New operators must provide:
     Written acknowledgement that the contents of the 
notification are true and correct.
     Financial assurance.

Change of Operator (Sec.  29.171)

    Sec.  29.171(a). When operations conducted under Sec.  29.44 are 
transferred, the transferee must provide to the Service within 30 
calendar days from the date of the transfer:
     Documentation demonstrating that the operator holds the 
right to operate within the refuge.
     Names, phone numbers, and addresses of the primary company 
representative, the representative responsible for field supervision, 
and the representative responsible for emergency response.
    Sec.  29.171(b). If operations conducted under Sec.  29.43 or an 
operations permit are transferred, the transferee must provide the 
following within 30 days of commencing operations:
     Information required under Sec.  29.171(a).
     Written agreement to conduct operations in accordance with 
all terms and conditions of the previous operator's permit.
     Financial assurance that is acceptable to the Service and 
made payable to the Service.
    Extension to Well Plugging Requirement (Sec.  29.181(a)). To 
maintain a well in a shut-in status for up to 5 years, operators may 
apply for either an operations permit or a modification to operations 
under an approved permit. The application or modification must include 
the information requested in FWS Form 3-2469, including, but not 
limited to:
     Explanation of why the well is shut-in or temporarily 
abandoned and future plans for utilization.
     Demonstration of the mechanical integrity of the well.
     Description of the manner in which the operator's well, 
equipment, and area of operations will be maintained in accordance with 
the standards in subpart D of the regulations.

Public Information

    Sec.  29.210(d). An operator, or the operator and the owner of the 
information required under this subpart may support a claim to be 
exempt from public disclosure of information otherwise required. If 
required information is withheld, the regulation requires submission of 
an affidavit that:
     Identifies the owner of the withheld information and 
provides the name, address, and contact information for an authorized 
representative of the owner of the information;
     Identifies the Federal statute or regulation that would 
prohibit the Service from publicly disclosing the information if it 
were in the Service's possession;
     Affirms that the operator has been provided the withheld 
information from the owner of the information and is

[[Page 77217]]

maintaining records of the withheld information, or that the operator 
has access and will maintain access to the information held by the 
owner of the information;
     Affirms that the information is not publicly available;
     Affirms that the information is not required to be 
publicly disclosed under any applicable local, State, or Federal law;
     Affirms that the owner of the information is in actual 
competition and identifies competitors or others that could use the 
withheld information to cause the owner substantial competitive harm;
     Affirms that the release of the information would likely 
cause substantial competitive harm to the owner and provides the 
factual basis for that affirmation; and
     Affirms that the information is not readily apparent 
through reverse engineering with publicly available information.
    Sec.  29.210(e). If the operator relies upon information from third 
parties, such as the owner of the withheld information, to make the 
previous affirmations, the operator must provide a written affidavit 
from the third party that sets forth the relied-upon information.
    Sec.  29.210(f). The Service may require any operator to submit to 
the Service any withheld information, and any information relevant to a 
claim that withheld information is exempt from public disclosure.
    Sec.  29.210(h). The operator is required to maintain records of 
any withheld information until the later of the Service's release of 
the operator's financial assurance or 7 years after completion of 
operations on refuge lands. Any subsequent operator will be responsible 
for maintaining access to records of any withheld information during 
its operation of the well. The operator will be deemed to be 
maintaining the records if it can promptly provide the complete and 
accurate information to the Service, even if the information is in the 
custody of its owner.
    Sec.  29.210(i). If any of the chemical identity information 
required in this subpart is withheld, the operator must provide the 
generic chemical name in the submission required. The generic chemical 
name must be only as nonspecific as is necessary to protect the 
confidential chemical identity, and should be the same as or no less 
descriptive than the generic chemical name provided to the 
Environmental Protection Agency.
    OMB Control No: 1018-XXXX.
    Title: Non-Federal Oil and Gas Operations on National Wildlife 
Refuge System Lands, 50 CFR 29, subpart D.
    Service Form Number(s): 3-2469.
    Description of Respondents: Businesses that conduct oil and gas 
exploration on national wildlife refuges.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Annual Nonhour Cost Burden: None.

----------------------------------------------------------------------------------------------------------------
                                                                     Estimated      Completion
                                                                     number of       time per        Estimated
                      Activity/requirement                            annual         response      total annual
                                                                     responses        (hours)      burden hours
----------------------------------------------------------------------------------------------------------------
Preexisting Operations--provide documentation (Sec.   29.61)....              40              50           2,000
Temporary Access Permit Application (Sec.   29.71)..............              35              17             595
Accessing Oil and Gas Rights from Non-Federal Location--provide                5               1               5
 contact information (Sec.   29.80).............................
Pre-application Meeting for Operations Permit--provide                        45               2              90
 documentation (Sec.   29.91)...................................
Operations Permit Application (Sec.  Sec.   29.94-29.97)........              45             140           6,300
Financial Assurance (Sec.   29.103, 29.150).....................              45               1              45
Identification of Wells--signage requirements (Sec.   29.119(b))              45               2              90
Reporting (Sec.   29.121(b))....................................
    Third-Party Monitor Report..................................             300              17           5,100
    Notification--Injuries/Mortality to Fish and Wildlife and...              20               1              20
    Threatened/Endangered Plants................................
    Notification--Accidents involving Serious Injuries/Death and              20               1              20
     Fires/Spills...............................................
    Written Report--Accidents Involving Serious Injuries/Deaths               20              16             320
     and Fires/Spills...........................................
    Report--Verify Compliance with Permits......................             240               4             960
    Notification--Chemical Disclosure of Hydraulic Fracturing                  5               1               5
     Fluids uploaded to FracFocus (Sec.   29.121(f))............
Permit Modifications (Sec.   29.160(a)).........................              10              16             160
Change of Operator (Sec.  Sec.   29.170, 29.171)................              40               8             320
Extension to Well Plugging (Sec.   29.181(a))...................
    Application for Permit......................................              10             140           1,400
    Modification................................................               5              16              80
Public Information (Sec.   29.210)..............................  ..............  ..............  ..............
    Affidavit in Support of Claim of Confidentiality (Sec.  Sec.               1               1               1
       29.210(c) and (d)).......................................
    Confidential Information (Sec.   29.210(e) and (f)).........               1               1               1
    Maintenance of Confidential Information (Sec.   29.210(h))..               1               1               1
    Generic Chemical Name Disclosure (Sec.   29.210(i)).........               1               1               1
        Total...................................................             934  ..............          17,514
----------------------------------------------------------------------------------------------------------------

    As part of our continuing efforts to reduce paperwork and 
respondent burdens, we invite the public and other Federal agencies to 
comment on any aspect of the reporting burden associated with this 
proposed information collection. We specifically invite comments 
concerning:
     Whether or not the collection of information is necessary 
for the proper performance of our management functions involving 
management of non-Federal oil and gas rights, including whether or not 
the information will have practical utility;
     The accuracy of our estimate of the burden for the 
collection of information;
     Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
     Ways to minimize the burden of the collection of 
information on respondents.

[[Page 77218]]

    If you wish to comment on the information collection requirements 
of this proposed rule, send your comments directly to OMB (see detailed 
instructions under the heading Comments on the Information Collection 
Aspects of the Proposed Rule in the ADDRESSES section). Please identify 
your comments with 1018-AX36. Please provide a copy of your comments to 
the Service Information Collection Clearance Officer (see detailed 
instructions under the heading Comments on the Information Collection 
Aspects of the Proposed Rule in the ADDRESSES section).

National Environmental Policy Act (NEPA)

    This rule constitutes a major Federal action with the potential to 
significantly affect the quality of the human environment. We have 
prepared the draft environmental impact statement (DEIS) under the 
requirements of the NEPA of 1969 (42 U.S.C. 4321 et seq.). The DEIS is 
available online at www.regulations.gov and also at http://www.fws.gov/refuges/oil-and-gas/rulemaking.html, by clicking on the link entitled 
``Non-Federal Oil and Gas DEIS.''
    In addition, EPA is publishing a notice announcing the draft EIS, 
as required under section 309 of the Clean Air Act (42 U.S.C. 7401 et 
seq.) The publication date of EPA's notice of availability is the 
official start of the public comment period for the draft EIS. Under 
the Clean Air Act, EPA also must subsequently announce the final EIS 
via the Federal Register. The EPA is charged under section 309 of the 
Clean Air Act to review all Federal agencies' environmental impact 
statements (EISs) and to comment on the adequacy and the acceptability 
of the environmental impacts of proposed actions in the EISs.
    EPA also serves as the repository (EIS database) for EISs prepared 
by Federal agencies and provides notice of their availability in the 
Federal Register. The Environmental Impact Statement (EIS) Database 
provides information about EISs prepared by Federal agencies, as well 
as EPA's comments concerning the EISs. All EISs are filed with EPA, 
which publishes a notice of availability on Fridays in the Federal 
Register.
    The notice of availability is the start of the 60-day public 
comment period for draft EISs, and the start of the 30-day ``wait 
period'' for final EISs, during which agencies are generally required 
to wait 30 days before making a decision on a proposed action. For more 
information, see http://www.epa.gov/compliance/nepa/eisdata.html. You 
may search for EPA comments on EISs, along with EISs themselves, at 
https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A statement of Energy Effects is not 
required.

Clarity of This Rule

    We are required by Executive Orders 12866 (section 1(b)(12)), 12988 
(section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you believe we have not met these requirements, send us comments 
by one of the methods listed in the ADDRESSES section. To better help 
us revise the rule, your comments should be as specific as possible. 
For example, you should tell us the numbers of the sections or 
paragraphs that you find unclear, which sections or sentences are too 
long, the sections where you believe lists or tables would be useful, 
etc.

Drafting Information

    This proposed rule reflects the collective efforts of Service staff 
in the NWRS, Division of Natural Resource and Conservation Planning, 
Branch of Wildlife Resources, refuges, and field offices, with 
assistance from the Department of the Interior, Office of the 
Solicitor.

Public Participation

    It is the policy of the Department of the Interior, whenever 
feasible, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule by one of the methods listed in 
the ADDRESSES section. All comments must be received by 11:59 p.m. 
Eastern Time on the last day of the comment period (see DATES).
    We are particularly interested in comments concerning:
    1. Substantive differences between the Service's proposed 
regulations of oil and gas activity and those of other Federal 
agencies, including differences in the associated costs and benefits.
    2. The costs and benefits of applying this rule to inholdings and 
operators accessing oil and gas rights from a surface location outside 
the refuge boundary.
    3. Whether the performance and operating standards are clear and 
certain in their purpose, including Sec. Sec.  29.40(c), 29.103(a), 
29.110(b), and 29.119.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects

50 CFR Part 28

    Law enforcement, Penalties, Wildlife refuges.

50 CFR Part 29

    Oil and gas exploration, Public lands--mineral resources, Public 
lands--rights-of-way, Reporting and recordkeeping requirements, 
Wildlife refuges.

Proposed Regulation Promulgation

    In consideration of the foregoing, the Service proposes to amend 50 
CFR parts 28 and 29 as follows:

PART 28--ENFORCEMENT, PENALTY, AND PROCEDURAL REQUIREMENTS FOR 
VIOLATIONS OF SUBCHAPTER C

0
1. The authority citation for part 28 continues to read as follows:

    Authority:  Sec. 2, 33 Stat. 614, as amended (16 U.S.C. 685); 
sec. 5, 43 Stat. 651 (16 U.S.C. 725); sec. 5, 45 Stat. 449 (16 
U.S.C. 690d); sec. 10, 45 Stat. 1224 (16 U.S.C. 715i); sec. 4, 48 
Stat. 402, as amended (16 U.S.C. 664); sec. 2, 48 Stat. 1270 (43 
U.S.C. 315a); sec. 4, 76 Stat. 654 (16 U.S.C. 460k); sec. 4, 80 
Stat. 927 (16 U.S.C. 668dd) (5 U.S.C. 301).

0
2. Revise the heading of part 28 to read as set forth above.
0
3. Revise Sec.  28.11 to read as follows:


Sec.  28.11  Purpose of regulations.

    The regulations in this part govern enforcement, penalty, and 
procedural requirements for violations of subchapter C.

PART 29--LAND USE MANAGEMENT

0
4. The authority citation for part 29 is revised to read as follows:


[[Page 77219]]


    Authority:  Sec. 2, 33 Stat. 614, as amended (16 U.S.C. 685); 
sec. 5, 43 Stat. 651 (16 U.S.C. 725); sec. 5, 45 Stat. 449 (16 
U.S.C. 690d); sec. 10, 45 Stat. 1224 (16 U.S.C. 715i); sec. 4, 48 
Stat. 402, as amended (16 U.S.C. 664); sec. 2, 48 Stat. 1270 (43 
U.S.C. 315a); sec. 4, 76 Stat. 654 (16 U.S.C. 460k); sec. 4, 80 
Stat. 927 (16 U.S.C. 668dd) (5 U.S.C. 301); Pub. L. 106-113, 113 
Stat. 1501A-139-140; sec. 1, 96 Stat. 1051 (31 U.S.C. 9701); sec. 1, 
96 Stat. 971 (31 U.S.C. 3711); sec. 1110, 94 Stat. 2457 (16 U.S.C 
3161); sec. 28, 41 Stat. 449 (30 U.S.C. 185; sec. 1, 76 Stat. 1129 
(40 U.S.C. 319).

0
5. Revise Sec.  29.32 to read as follows:


Sec.  29.32  Non-Federal mineral rights.

    (a) Non-Federal mineral rights owners within the National Wildlife 
Refuge System, not including coordination areas, must, to the greatest 
extent practicable, conduct all exploration, development, and 
production operations in such a manner as to prevent damage, erosion, 
pollution, or contamination to the lands, waters, facilities, and 
vegetation of the area. So far as is practicable, such operations must 
also be conducted without interference to the operation of the refuge 
or disturbance to the wildlife thereon.
    (1) Physical occupancy of the area must be kept to the minimum 
space necessary to conduct efficient mineral operations.
    (2) Persons conducting mineral operations on refuge areas must 
comply with all applicable Federal and State laws and regulations for 
the protection of wildlife and the administration of the area.
    (3) All waste and contaminating substances must be kept in the 
smallest practicable area, confined so as to prevent escape as a result 
of rains and high water or otherwise, and removed from the area as 
quickly as practicable in such a manner as to prevent contamination, 
pollution, damage, or injury to the lands, waters, facilities, or 
vegetation of the refuge or to wildlife.
    (4) Structures and equipment must be removed from the area when the 
need for them has ended, and, upon the cessation of operations, the 
area must be restored as nearly as possible to its condition prior to 
the commencement of operations.
    (b) Nothing in this section will be applied so as to contravene or 
nullify rights vested in holders of mineral interests on refuge lands.
0
6. Add subpart D to read as set forth below:
Subpart D--Non-Federal Oil and Gas Operations

Purpose and Scope

Sec.
29.40 What are the purpose and scope of the regulations in this 
subpart?
29.41 When does this subpart apply to me?
29.42 What authorization do I need to conduct operations?
29.43 If I am already operating under Service authorization, what do 
I need to do?
29.44 If I am operating without prior Service authorization, what do 
I need to do?

Definitions

29.50 What do the terms used in this subpart mean?

Pre-existing Operations

29.60 Do I need an operations permit for my pre-existing operation?
29.61 What information must I provide to the Service?
29.62 What if I intend to conduct new operations or modify my pre-
existing operations?
29.63 What reclamation requirements apply to my pre-existing 
operations?
29.64 What other provisions apply to my operations?

Temporary Access Permits

29.70 When do I need a temporary access permit?
29.71 How do I apply for a temporary access permit?
29.72 When will the Service grant a temporary access permit?
29.73 How much time will I have to conduct my reconnaissance 
surveys?

Accessing Oil and Gas Rights From a Non-Federal Surface Location 
(Including Inholdings)

29.80 Do I need a permit for accessing oil and gas rights from a 
non-Federal location?

Operations Permit: Application

29.90 Who must apply for an operations permit?
29.91 What should I do before filing an application?
29.92 May I use previously submitted information?
29.93 Do I need to submit information for all possible future 
operations?
29.94 What information must be included in all applications?
29.95 What additional information must be included if I am proposing 
geophysical exploration?
29.96 What additional information must be included if I am proposing 
drilling operations?
29.97 What additional information must be included if I am proposing 
production operations?

Operations Permit: Application Review

29.100 How will the Service process my application?
29.101 How will the Service conduct an initial review?
29.102 How will the Service conduct a formal review?
29.103 What standards must be met to approve my application?
29.104 What actions may the Service take on my operations permit 
application?

Operating Standards

29.110 What are the purposes of the Service's operating standards?
29.111 What general facility design and management standards must I 
meet?
29.112 What fish and wildlife protection standards must I meet?
29.113 What hydrologic standards must I meet?
29.114 What safety standards must I meet?
29.115 What lighting and visual standards must I meet?
29.116 What noise reduction standards must I meet?
29.117 What reclamation and protection standards must I meet?
29.118 What additional operating standards apply to geophysical 
operations?
29.119 What additional operating standards apply to drilling and 
production operations?

General Terms and Conditions

29.120 What terms and conditions apply to all operators?
29.121 What monitoring and reporting is required for all operators?
29.122 For how long is my operations permit valid?

Access Fees

29.140 May I cross Federal property to reach the boundary of my oil 
and gas right?
29.141 Will the Service charge me a fee for access?
29.142 Will I be charged a fee for emergency access to my 
operations?

Financial Assurance

29.150 When do I have to provide financial assurance to the Service?
29.151 How does the Service establish the amount of financial 
assurance?
29.152 Will the Service adjust the amount required for my financial 
assurance?
29.153 When will the Service release my financial assurance?
29.154 Under what circumstances will I forfeit my financial 
assurance?

Modification to an Operation

29.160 Can I modify operations under an approved permit?

Change of Operator

29.170 What are my responsibilities if I transfer my right to 
operate?
29.171 What must I do if operations are transferred to me?

Well Plugging

29.180 When must I plug my well?
29.181 Can I get an extension to the well plugging requirement?

Prohibited Acts and Penalties

29.190 What acts are prohibited under this subpart?
29.191 What enforcement actions can the Service take?
29.192 How do violations affect my ability to obtain a permit?

Appeals

29.200 Can I, as operator, appeal Service decisions?

[[Page 77220]]

Public Information

29.210 How can the public learn about oil and gas activities on 
refuge lands?

Information Collection

29.220 Has the Office of Management and Budget approved the 
collection of information?

Subpart D--Non-Federal Oil and Gas Operations

Purpose and Scope


Sec.  29.40  What are the purpose and scope of the regulations in this 
subpart?

    (a) This subpart ensures that operators exercising non-Federal oil 
and gas rights within the National Wildlife Refuge System (NWRS), 
excluding coordination areas, use technologically feasible, least-
damaging methods to:
    (1) Protect federally owned or administered lands, waters, or 
resources of refuges;
    (2) Protect refuge wildlife-dependent recreational uses or 
experiences and visitor or employee health and safety; and
    (3) Conserve refuges for the benefit of present and future 
generations of Americans.
    (b) This subpart applies to all operators conducting non-Federal 
oil and gas operations on Service-administered surface estate held in 
fee or less-than fee (excluding coordination areas) or waters within 
the boundaries of the refuge to the extent necessary to protect those 
property interests. These regulations apply to operations in waters 
subject to the jurisdiction of the United States located within the 
boundaries of the Refuge System, including navigable waters and areas 
within their ordinary reach (up to the mean high-water line in places 
subject to the ebb and flow of the tide and up to the ordinary high-
water mark in other places) and without regard to the ownership of 
submerged lands, tidelands, or lowlands. For areas where the United 
States does not hold a property interest but that lie within the 
boundaries of a refuge (i.e., inholdings), these regulations do not 
apply if refuge lands are not accessed.
    (c) This subpart is not intended to result in a taking of any 
property interest. The purpose of this subpart is to reasonably 
regulate operations to protect federally owned or administered lands, 
waters, or resources of refuges, visitor uses and experiences, and 
visitor or employee health and safety.


Sec.  29.41  When does this subpart apply to me?

    This subpart applies to you if you are an operator who conducts or 
proposes to conduct non-Federal oil or gas operations on the surface of 
land or waters within the boundaries of a refuge.


Sec.  29.42  What authorization do I need to conduct operations?

    (a) You must demonstrate that you have the right to operate in 
order to conduct activities within a refuge.
    (b) Except as provided in Sec. Sec.  29.43 or 29.44, before 
starting operations, you must obtain a temporary access permit under 
Sec. Sec.  29.70 through 29.73 for reconnaissance surveys and/or an 
operations permit under Sec. Sec.  29.90 through 29.97.
    (c) In refuge units in Alaska, regulations at 43 CFR part 36 govern 
the permitting process for authorizing the use of refuge land in order 
to provide access to an operator's oil and gas right.


Sec.  29.43  If I am already operating under Service authorization, 
what do I need to do?

    If you already have a Service-approved special use permit or ROW 
permit, you may continue to operate according to the terms and 
conditions of that approval, subject to the provisions of this subpart. 
If you propose to conduct new operations or modify your existing 
operations, you must either amend your current authorization or obtain 
an operations permit in accordance with Sec. Sec.  29.90 through 29.97.


Sec.  29.44  If I am operating without prior Service authorization, 
what do I need to do?

    Any operation being conducted on [INSERT EFFECTIVE DATE OF FINAL 
RULE] in accordance with local, State, and Federal laws and regulations 
may continue without an operations permit. However, your operation is 
subject to applicable requirements of this subpart, including 
Sec. Sec.  29.60 through 29.64, pre-existing Operations, and the 
requirements that when you either propose to conduct new operations or 
modify your pre-existing operations, you must obtain an operations 
permit in accordance with Sec. Sec.  29.90 through 29.97.

Definitions


Sec.  29.50  What do the terms used in this subpart mean?

    In addition to the definitions in Sec. Sec.  25.12, 29.21, and 36.2 
of this subchapter, the following definitions apply to this subpart:
    Access means any method of entering or traversing on or across 
federally owned or controlled lands or waters, including but not 
limited to: Vehicle, watercraft, fixed-wing aircraft, helicopter, 
unmanned aerial vehicle, off-road vehicle, mobile heavy equipment, 
snowmobile, pack animal, and foot.
    Area of operations means lands or waters within a refuge unit on 
which operations are approved to be carried out, including roads or 
other areas that you are authorized to use related to the exercise of 
your oil and gas rights.
    Contaminating substance means any toxic or hazardous substance that 
is used in or results from the conduct of operations and is listed 
under the Clean Air Act (42 U.S.C. 7401 et seq.), Clean Water Act 
regulations at 40 CFR part 116, the Resource Conservation and Recovery 
Act regulations at 40 CFR part 261, or the Hazardous Materials 
Transportation Act regulations at 49 CFR part 172. This includes, but 
is not limited to, explosives, radioactive materials, brine waters, 
formation waters, petroleum products, petroleum byproducts, and 
chemical compounds used for drilling, production, processing, well 
testing, well completion, and well servicing.
    Gas means any fluid, either combustible or noncombustible, that is 
produced in a natural state from the earth and that maintains a gaseous 
or rarefied state at ordinary temperature and pressure conditions.
    Oil means any viscous combustible liquid hydrocarbon or solid 
hydrocarbon substance that occurs naturally in the earth and is easily 
liquefiable on warming.
    Modifying means conducting new activities that will have additional 
impacts on refuge resources, visitor uses, refuge administration, or 
human health and safety beyond the scope, intensity, and/or duration of 
existing impacts. In order to determine if new activities would have 
additional impacts, you must consult with the Service.
    Operations means all existing and proposed functions, work, and 
activities in connection with the exercise of oil or gas rights not 
owned by the United States and located or occurring within a refuge.
    (1) Operations include, but are not limited to: Access by any means 
to or from an area of operations; construction; geological and 
geophysical exploration; drilling, well servicing, workover, or 
recompletion; production; hydraulic fracturing, well simulation, and 
injection wells; gathering (including installation and maintenance of 
flowlines and gathering lines); storage, transport, or processing of 
petroleum products; earth moving; excavation; hauling; disposal; 
surveillance, inspection, monitoring, or maintenance of wells, 
facilities, and equipment; reclamation; road and pad building or 
improvement; shot hole and well plugging and abandonment, and

[[Page 77221]]

reclamation; and all other activities incident to any of the foregoing.
    (2) Operations do not include reconnaissance surveys as defined in 
this subpart or oil and gas pipelines that are located within a refuge 
under authority of a deeded or other right-of-way.
    Operator means any person or entity, agent, assignee, designee, 
lessee, or representative thereof exercising or proposing to exercise 
non-Federal oil and gas rights within the boundaries of a refuge.
    Operations permit means a refuge permit (i.e., special use permit 
or ROW permit) authorizing an operator to conduct operations within the 
boundaries of a refuge.
    Reconnaissance survey means an inspection or survey conducted by 
qualified specialists for the purpose of preparing a permit 
application. A reconnaissance survey:
    (1) Includes identification of the area of operations and 
collection of natural and cultural resource information within and 
adjacent to the proposed area of operations.
    (2) Does not include surface disturbance activities except for 
minimal disturbance necessary to perform cultural resource surveys, 
natural resource surveys, and location surveys required under this 
subpart.
    Right to operate means a deed, lease, memorandum of lease, 
designation of operator, assignment of right, or other documentation 
demonstrating that you hold a legal right to conduct the operations you 
are proposing within a refuge.
    ROW means a right-of-way issued under 50 CFR part 29 or, for 
Alaska, under 43 CFR part 36.
    Service, we, us and our means the U.S. Fish and Wildlife Service.
    Technologically feasible, least-damaging methods are those that we 
determine, on a case-by-case basis, to be most protective of refuge 
resources and uses while ensuring human health and safety, taking into 
consideration all relevant factors, including environmental, economic, 
and technological factors and the requirements of applicable law.
    Temporary access permit means a Service special use permit 
authorizing an operator to access that operator's proposed area of 
operations to conduct reconnaissance surveys to collect basic 
information necessary to prepare an operations permit application.
    Third-party monitor means a qualified specialist, who is not an 
employee, agent, or representative of the operator, and who has 
demonstrated to the Service the relevant expertise to monitor 
operations for compliance with applicable laws, regulations, and permit 
requirements.
    Usable water means an aquifer or its portion that:
    (1) Supplies any public water system; or
    (2) Contains a sufficient quantity of ground water to supply a 
public water system; and currently supplies drinking water for human 
consumption; or contains fewer than 10,000 mg/l total dissolved solids; 
and
    (3) Is not an exempted aquifer.
    Waste means any material that is discarded. It includes, but is not 
limited to: Drilling fluids and cuttings; produced fluids not under 
regulation as a toxic or hazardous substance; human waste; garbage; 
fuel drums; pipes; oil; refined oil and other hydrocarbons; 
contaminated soil; synthetic materials; manmade structures or 
equipment; or native and nonnative materials.
    You means the operator, unless otherwise specified or indicated by 
the context.

Pre-Existing Operations


Sec.  29.60  Do I need an operations permit for my pre-existing 
operation?

    No. Pre-existing operations are those conducted as of [INSERT 
EFFECTIVE DATE OF FINAL RULE] without an approved permit from the 
Service or prior to a boundary change or establishment of a new refuge 
unit. Pre-existing operations may be continued without an operations 
permit, but are required to operate in accordance with applicable 
local, State, and Federal laws, including regulations, and are subject 
to applicable provisions of this subpart, including requirements for a 
permit when the operator proposes to conduct new operations or to 
modify pre-existing operations.


Sec.  29.61  What information must I provide to the Service?

    You must submit the following information to the refuge where your 
pre-existing operation is occurring by [INSERT DATE 90 DAYS AFTER THE 
EFFECTIVE DATE OF FINAL RULE] or 90 days after a boundary change or 
establishment of a new refuge:
    (a) Documentation demonstrating that you hold the right to operate 
within a refuge.
    (b) The names, phone numbers, and addresses of your:
    (1) Primary company representative;
    (2) Representative responsible for field supervision; and
    (3) Representative responsible for emergency response.
    (c) A scaled map clearly delineating your existing area of 
operations.
    (d) Copies of all plans and permits required by local, State, and 
Federal agencies.


Sec.  29.62  What if I intend to conduct new operations or modify my 
pre-existing operations?

    (a) You must obtain an operations permit before conducting 
operations that are begun after [INSERT EFFECTIVE DATE OF FINAL RULE] 
in accordance with Sec. Sec.  29.90 through 29.97, Operations Permit: 
Application.
    (b) You must obtain an operations permit prior to modifying your 
pre-existing operations.


Sec.  29.63  What reclamation requirements apply to my pre-existing 
operations?

    Upon completion of your production operation, you will be subject 
to the reclamation standards in Sec.  29.117(d). You must obtain an 
operations permit prior to conducting well plugging and reclamation in 
accordance with applicable sections of this subpart.


Sec.  29.64  What other provisions apply to my operations?

    Your pre-existing operations are also subject to the following 
regulations in this part 29:
    (a) Sec. Sec.  29.120 and 29.121, General Terms and Conditions;
    (b) Sec.  29.170(a), Change of Operator;
    (c) Sec. Sec.  29.180 and 29.181, Well Plugging;
    (d) Sec.  29.190, Prohibited Acts and Penalties; and
    (e) Sec.  29.200, Appeals.

Temporary Access Permits


Sec.  29.70  When do I need a temporary access permit?

    You must apply to the Service for a temporary access permit to 
access your proposed area of operations in order to conduct 
reconnaissance surveys. This permit will describe the means, routes, 
timing, and other terms and conditions of your access as determined by 
the Service to result in only the minimum disturbance necessary to 
perform surveys. For Alaska, the temporary access provisions at 43 CFR 
36.10 still apply.


Sec.  29.71  How do I apply for a temporary access permit?

    You must submit the information requested in FWS Form 3-2469 (Oil 
and Gas Operations Special Use Permit Application) to the refuge in 
which you propose to conduct operations. Information includes, but is 
not limited to:
    (a) The name, legal address, and telephone number of the operator, 
employee, agent, or contractor

[[Page 77222]]

responsible for overall management of the proposed operations;
    (b) Documentation demonstrating that you hold the right to operate 
within the refuge;
    (c) The name, legal address, telephone number, and qualifications 
of all specialists responsible for conducting the reconnaissance 
surveys (Only required if the assistants/subcontractors/subpermittees 
will be operating on the refuge without the permittee being present.);
    (d) A brief description of the intended operation so that we can 
determine reconnaissance survey needs;
    (e) A description of the survey methods you intend to use to 
identify the natural and cultural resources;
    (f) A map (to-scale and determined by us to be acceptable) 
delineating the proposed reconnaissance survey area in relation to the 
refuge boundary and the proposed area of operations; and
    (g) A description of proposed means of access and routes for 
conducting the reconnaissance surveys.


Sec.  29.72  When will the Service grant a temporary access permit?

    Within 30 calendar days of receipt of the application for a 
reconnaissance survey, we will advise you whether the application 
fulfills the requirements of Sec. Sec.  29.70 through 29.71 and issue 
you a temporary access permit or provide you with a statement of 
additional information that is needed for us to conduct review of your 
application.


Sec.  29.73  How much time will I have to conduct my reconnaissance 
surveys?

    Your temporary access permit will be in effect for a maximum of 60 
calendar days from the date of issuance, unless a longer term is 
specified in the permit approval. We may extend the term of the permit 
for a reasonable period of time, based upon your written request that 
explains why an extension is necessary.

Accessing Oil and Gas Rights From a Non-Federal Surface Location 
(Including Inholdings)


Sec.  29.80  Do I need a permit for accessing oil and gas rights from a 
non-Federal location?

    No. Using directional drilling from a non-Federal surface location 
to reach your oil and gas rights within a refuge is exempt from these 
regulations. However, you are encouraged to provide the Service the 
names, phone numbers, and addresses of your primary company 
representative, representative responsible for field supervision, and 
representative responsible for emergency response at least 60 calendar 
days prior to conducting your operation. If you require access across 
Federal surface estate, that access is subject to applicable provisions 
of this subpart, including obtaining an operations permit for any new 
access or modification of existing access.

Operations Permit: Application


Sec.  29.90  Who must apply for an operations permit?

    Except as otherwise provided in Sec. Sec.  29.43, 29.44, 29.70 and 
29.80, if you are proposing to conduct operations within a refuge, you 
must submit an application (FWS Form 3-2469, or if in Alaska SF-299) 
for an operations permit to the Service.


Sec.  29.91  What should I do before filing an application?

    You should participate in a pre-application meeting with the 
Service to allow for an early exchange of information between you and 
the Service with the intent of avoiding delays in your application 
process.
    (a) For the meeting, you should provide:
    (1) Documentation demonstrating that you hold the legal right to 
operate; and
    (2) An overview of your proposed operation and timing.
    (b) The Service will provide guidance on the permitting process and 
information on available resource data, and identify additional data 
needs.


Sec.  29.92  May I use previously submitted information?

    Yes.
    (a) You do not need to resubmit information that is already on file 
with the Service, provided that such information is still current and 
accurate. You may reference this information in your oil and gas 
operations permit application.
    (b) You may submit documents and materials submitted to other 
Federal and State agencies noting how the information meets the 
specific requirements of Sec. Sec.  29.93 through 29.97.


Sec.  29.93  Do I need to submit information for all possible future 
operations?

    No. You need only provide information for those operations for 
which you are seeking immediate approval. Approval of activities beyond 
the scope of your application may be subject to a new application and 
approval process.


Sec.  29.94  What information must be included in all applications?

    All applications must include the information requested on FWS Form 
3-2469 (or SF-299, if applicable), including, but not limited to:
    (a) The name, legal address, and telephone number of the operator, 
employee, agent, or contractor responsible for overall management of 
the proposed operations.
    (b) Documentation demonstrating that you hold the legal right to 
operate within the refuge.
    (c) A description of the natural features of your proposed area of 
operations, such as: Streams, lakes, ponds, wetlands (including 
estimated depths to the top and bottom of zones of usable water); 
topographic relief; and areas the Service has indicated to you are 
sensitive.
    (d) The location of existing roads, trails, railroad tracks, 
pipeline rights-of-way, pads, and other disturbed areas.
    (e) The location of existing structures that your operations could 
affect, including buildings, pipelines, oil and gas wells including 
both producing and plugged and abandoned wells, injection wells, 
freshwater wells, underground and overhead electrical lines, and other 
utility lines.
    (f) Descriptions of the natural resource and cultural resource 
survey reports for your proposed area of operations.
    (g) Locations map(s) (to-scale and determined by us to be 
acceptable) that clearly identifies:
    (1) Proposed area of operations, existing conditions, and proposed 
new surface uses, including the boundaries of each of your oil and gas 
tracts in relation to your proposed operations and the relevant refuge 
boundary.
    (2) Proposed access routes of new surface disturbances as 
determined by a location survey.
    (3) Proposed location of all support facilities, including those 
for transportation (e.g., vehicle parking areas, helicopter pads, 
etc.), sanitation, occupation, staging areas, fuel storage areas, 
refueling areas, loading docks, water supplies, and disposal 
facilities.
    (h) The method and diagrams, including cross-sections, of any 
proposed pad construction, road construction, cut-and-fill areas, and 
surface maintenance, including erosion control.
    (i) The number and types of equipment and vehicles, including an 
estimate of vehicular round trips associated with your operation.
    (j) An estimated timetable for the proposed operations, including 
any operational timing constraints.
    (k) The type and extent of security measures proposed at your area 
of operations.
    (l) The power sources and their transmission systems for the 
proposed operations.

[[Page 77223]]

    (m) The types and quantities of all solid and liquid waste 
generated and the proposed methods of storage, handling, and disposal.
    (n) The source, quantity, access route, and transportation/
conveyance method for all water to be used in operations, including 
hydraulic fracturing, and estimations of any anticipated wastewater 
volumes generated, including flowback fluids from hydraulic fracturing, 
and the proposed methods of storage, handling, and recycling or 
disposal.
    (o) The following information regarding mitigation actions and 
alternatives considered:
    (1) A description of the steps you propose to take to mitigate 
anticipated adverse environmental impacts on refuge resources and uses, 
including, but not limited to, the refuge's land features, land uses, 
fish and wildlife, vegetation, soils, surface and subsurface water 
resources, air quality, noise, lightscapes, viewsheds, cultural 
resources, and economic environment.
    (2) A description of any anticipated impacts that you cannot 
mitigate.
    (3) A description of alternatives considered that meet the criteria 
of technologically feasible, least-damaging methods of operations, as 
well as the costs and environmental effects of such alternatives.
    (p) You must submit the following information about your spill 
control and emergency preparedness plan. You may use a spill prevention 
control and countermeasure plan prepared under 40 CFR part 112 if the 
plan includes all of the information required by this section. You must 
submit:
    (1) The names, addresses, and telephone numbers of the people whom 
the Service can contact in the event of a spill, fire, or accident, 
including the order in which the individuals should be contacted.
    (2) The notification procedures and steps taken to minimize damage 
in event of spill, fire, or accident.
    (3) Identification of contaminating or toxic substances used within 
your area of operations or expected to be encountered during 
operations.
    (4) Trajectory analysis for potential spills that are not contained 
on location.
    (5) Identification of abnormal pressure, temperature, toxic gases 
or substances, or other hazardous conditions at your area of operations 
or expected to be encountered during operations.
    (6) Measures (e.g., procedures, facility design, equipment, etc.) 
to minimize risks to human health and safety, and the environment.
    (7) Steps to prevent accumulations of oil or other materials deemed 
to be fire hazards from occurring in the vicinity of well locations and 
lease tanks.
    (8) The equipment and methods for containment and cleanup of 
contaminating substances, including a description of the equipment 
available at your area of operations and equipment available from local 
contractors.
    (9) A stormwater drainage plan and actions intended to mitigate 
stormwater runoff.
    (10) Material safety data sheets, where required by law, for each 
material you will use or encounter during operations, including 
expected quantities maintained at your area of operations.
    (11) A description of the emergency actions you will take in the 
event of injury or death to fish and wildlife or vegetation.
    (12) A description of the emergency actions you will take in the 
event of accidents causing human injury.
    (13) Contingency plans for conditions and emergencies other than 
spills, such as if your area of operations is located in areas prone to 
hurricanes, flooding, tornadoes, fires, or earthquakes.
    (q) A description of the specific equipment, materials, methods, 
and schedule that will be used to meet the operating standards for 
reclamation at Sec.  29.117.
    (r) An itemized list of the estimated costs that a third party 
would charge to complete reclamation.


Sec.  29.95  What additional information must be included if I am 
proposing geophysical exploration?

    If you propose to conduct geophysical exploration, you must submit 
the information requested on FWS Form 3-2469, including, but not 
limited to:
    (a) A map showing the positions of each survey line including all 
source and receiver locations as determined by a locational survey, and 
including shot point offset distances from wells, buildings, other 
infrastructure, cultural resources, and environmentally sensitive 
areas;
    (b) The number of crews and numbers of workers in each crew;
    (c) A description of the acquisition methods, including the 
procedures and specific equipment you will use, and energy sources 
(e.g., explosives, vibroseis trucks);
    (d) A description of the methods of access along each survey line 
for personnel, materials, and equipment; and
    (e) A list of all explosives, blasting equipment, chemicals, and 
fuels you will use in the proposed operations, including a description 
of proposed disposal methods, transportation methods, safety measures, 
and storage facilities.


Sec.  29.96  What additional information must be included if I am 
proposing drilling operations?

    If you are proposing to drill a well, you must submit the 
information requested on FWS Form 3-2469, including, but not limited 
to:
    (a) A description of the well pad construction, including 
dimensions and cross sections of cut-and-fill areas and excavations for 
ditches, sumps, and spill control equipment or structures, including 
lined areas;
    (b) A description of the drill rig and equipment layout, including 
rig components, fuel tanks, testing equipment, support facilities, 
storage areas, and all other well-site equipment and facilities;
    (c) A description of the type and characteristics of the proposed 
drilling mud systems; and
    (d) A description of the equipment, materials, and methods of 
surface operations associated with your drilling, well casing and 
cementing, well control, well evaluation and testing, well completion, 
hydraulic fracturing or other well stimulation, and well plugging 
programs.


Sec.  29.97  What additional information must be included if I am 
proposing production operations?

    If you are proposing to produce a well, you must submit the 
information requested on FWS Form 3-2469, including, but not limited 
to:
    (a) The dimensions and the to-scale layout of the well pad, clearly 
identifying well locations, noting partial reclamation areas; 
gathering, separation, metering, and storage equipment; electrical 
lines; fences; spill control equipment or structures, including lined 
areas, artificial lift equipment, tank batteries, treating and 
separating vessels, secondary or enhanced recovery facilities, water 
disposal facilities, gas compression and/or injection facilities; 
metering points; sales point (if on lease); tanker pickup points; gas 
compressor, including size and type (if applicable); and any other well 
site equipment.
    (b) A general description of anticipated stimulations, servicing, 
and workovers.
    (c) A description of the procedures and equipment used to maintain 
well control.
    (d) A description of the method and means used to transport 
produced oil and gas, including vehicular transport; flowline and 
gathering line construction

[[Page 77224]]

and operation, pipe size, and operating pressure; cathodic protection 
methods; surface equipment use; surface equipment location; maintenance 
procedures; maintenance schedules; pressure detection methods; and 
shutdown procedures.
    (e) A road and well pad maintenance plan, including equipment and 
materials to maintain the road surface and control erosion.
    (f) A vegetation management plan on well sites, roads, pipeline 
corridors, and other disturbed surface areas, including control of 
noxious and invasive species.
    (g) A stormwater management plan on the well site.
    (h) A produced water storage and disposal plan.
    (i) A description of the equipment, materials, and procedures 
proposed for well plugging.

Operations Permit: Application Review


Sec.  29.100  How will the Service process my application?

    We will conduct initial review of your application to determine if 
all information is complete. Once your information is complete, we will 
begin formal review.


Sec.  29.101  How will the Service conduct an initial review?

    (a) Within 30 calendar days of receipt of your application, the 
Service will notify you in writing that one of the following situations 
exists:
    (1) Your application is complete, and the Service will begin formal 
review;
    (2) Your application does not meet the information requirements, in 
which case we will identify the additional information required to be 
submitted before the Service will be able to conduct formal review of 
your application; or
    (3) More time is necessary to complete the review, in which case 
the Service will provide the amount of additional time reasonably 
needed along with a justification.
    (b) If you submit additional information as requested under Sec.  
29.101(a)(2), and the Service determines that you have met all 
applicable information requirements, the Service will notify you within 
30 calendar days from receipt of the additional information that 
either:
    (1) Your application is complete, and the Service will begin formal 
review; or
    (2) More time is necessary to complete the initial review, in which 
case the Service will provide the amount of additional time reasonably 
needed along with a justification.
    (c) When ANILCA title XI/Access to inholdings applies, 43 CFR 36.5 
governs the review.


Sec.  29.102  How will the Service conduct a formal review?

    For those applications for which the Service determines that the 
applicant holds a valid property right, the Service will conduct a 
formal review of your application by:
    (a) Evaluating the potential impacts of your proposal on federally 
owned or administered lands, waters, or resources of refuges; visitor 
uses or experiences; or visitor or employee health and safety in 
compliance with applicable Federal laws; and
    (b) Identifying any additional operating conditions that would 
apply to your approved application.


Sec.  29.103  What standards must be met to approve my application?

    (a) In order to approve your operations permit application, it must 
comply with all applicable Federal, State, and local laws, and the 
Service must determine that your operations will:
    (1) Use technologically feasible, least-damaging methods; and
    (2) Meet all applicable operating standards.
    (b) Before operations begin, you must submit to the Service:
    (1) Financial assurance in the amount specified by the Service and 
in accordance with the requirements of Sec. Sec.  29.150 through 
29.154, Financial Assurance; and
    (2) Proof of liability insurance with limits sufficient to cover 
injuries to persons or property caused by your operations.


Sec.  29.104  What actions may the Service take on my operations permit 
application?

    (a) We will make a decision on your application within 180 days 
from the date we deem your application complete unless:
    (1) We and you agree that such decision will occur within a shorter 
or longer period of time; or
    (2) We determine that an additional period of time is required to 
ensure that we have, in reviewing the permit application, complied with 
other applicable laws, Executive Orders, and regulations.
    (b) For ANILCA title XI/Access to inholding timelines, 43 CFR part 
36 governs.
    (c) We will notify you in writing that your permit application is:
    (1) Approved, with or without operating conditions; or
    (2) Denied, and provide justification for the denial. Any such 
denial must be consistent with Sec.  29.40(c).

Operating Standards


Sec.  29.110  What are the purposes of the Service's operating 
standards?

    The purposes are to:
    (a) Protect federally owned or administered lands, waters, and 
refuge resources; wildlife-dependent visitor uses and experiences; and 
visitor and employee health and safety; and
    (b) Ensure use of technologically feasible, least-damaging methods. 
The operating standards give us and the operator flexibility to 
consider using alternative methods, equipment, materials design, and 
conduct of operations.


Sec.  29.111  What general facility design and management standards 
must I meet?

    As a permittee, you must:
    (a) Design, construct, operate, and maintain access to your 
operational site to cause the minimum amount of surface disturbance 
needed to safely conduct operations and to avoid areas we have 
identified as containing sensitive resources.
    (b) Install and maintain secondary containment materials and 
structures for all equipment and facilities using or storing 
contaminating substances. The containment system must be sufficiently 
impervious to prevent discharge and must have sufficient storage 
capacity to contain, at a minimum, the largest potential spill 
incident.
    (c) Keep temporarily stored waste in the smallest area feasible, 
and confine the waste to prevent escape as a result of percolation, 
rain, high water, or other causes. You must regularly remove waste from 
the refuge and lawfully dispose of the waste in a direct and workable 
timeframe. You may not establish a solid waste disposal site on a 
refuge.
    (d) Use engines that adhere to current Federal and State emission 
standards.
    (e) Construct, maintain, and use roads in a manner to minimize 
fugitive dust emissions.
    (f) Use equipment and implement work practice standards that are 
consistent with good air pollution control practices to minimize 
emissions of air pollutants, and releases or flaring of gas.
    (g) Design, operate, and maintain your operations and equipment in 
a manner consistent with good air pollution control practices so as to 
minimize leaks of air pollutants and hydrocarbons to the atmosphere to 
the extent reasonably practicable.

[[Page 77225]]

    (h) Control the invasion of noxious and invasive plant and animal 
species in your area of operations from the beginning through final 
reclamation.
    (i) Avoid conducting ground-disturbing operations within 500 feet 
of any refuge structure or facility used by refuges for interpretation, 
public recreation, or administration. We may increase or decrease this 
distance as needed to protect federally owned or administered 
structures or facilities, visitor uses or experiences, or visitor or 
employee health and safety; or to ensure that you have reasonable 
access to your non-Federal oil and gas. Measurements for purposes of 
this paragraph are by map distance.


Sec.  29.112  What fish and wildlife protection standards must I meet?

    To protect fish and wildlife resources on the refuge, you must:
    (a) Along with your employees and contractors, adhere to all refuge 
regulations for the protection of fish, wildlife, and plants;
    (b) Ensure that you, your employees, and contractors have been 
informed and educated by the refuge staff on the appropriate protection 
practices for wildlife conservation;
    (c) Provide a safe environment for fish and wildlife that minimizes 
or avoids exposure to unpermitted physical and chemical hazards; and
    (d) Comply with all seasonal buffers or restrictions to protect 
wildlife.


Sec.  29.113  What hydrologic standards must I meet?

    You must:
    (a) Avoid conducting ground-disturbing operations within 500 feet 
of surface water, including an intermittent or ephemeral watercourse, 
or wetland. We may increase or decrease this distance as needed to 
protect federally owned or administered lands, waters, or resources of 
the refuge, visitor uses or experiences, or visitor or employee health 
and safety; or to ensure that you have reasonable access to your non-
Federal oil and gas. Measurements for purposes of this paragraph are by 
map distance.
    (b) Construct facilities in a manner that maintains hydrologic 
movement and function.
    (c) Not cause measurable degradation of surface water or 
groundwater beyond that of existing conditions.
    (d) Conduct operations in a manner that maintains natural processes 
of erosion and sedimentation.


Sec.  29.114  What safety standards must I meet?

    To ensure the safety of your operations, you must:
    (a) Maintain your area of operations in a manner that avoids or 
minimizes the cause or spread of fire and does not intensify fire 
originating outside your operations area;
    (b) Maintain structures, facilities, improvements, and equipment in 
a safe and professional manner in order to provide a safe environment 
for refuge resources, visitors, and employees, free from exposure to 
physical and chemical hazards; and
    (c) Provide site-security measures to protect visitors from 
hazardous conditions resulting from the conduct of your operations.


Sec.  29.115  What lighting and visual standards must I meet?

    (a) You must design, shield, and focus lighting to minimize the 
effects of spill light on the night sky or adjacent areas; and
    (b) You must reduce visual contrast in the landscape in selecting 
the area of operations, avoiding unnecessary disturbance, choosing 
appropriate colors and materials for roads and permanent structures, 
and other means.


Sec.  29.116  What noise reduction standards must I meet?

    You must prevent or minimize all noise that:
    (a) Adversely affects refuge resources or uses, taking into account 
frequency, magnitude, or duration; or
    (b) Exceeds levels that have been identified through monitoring as 
being acceptable to or appropriate for uses at the sites being 
monitored.


Sec.  29.117  What reclamation and protection standards must I meet?

    (a) You must promptly clean up and remove from the refuge any 
released contaminating substances in accordance with all applicable 
Federal, State, and local laws.
    (b) You must perform partial reclamation of areas that are no 
longer necessary to conduct operations. You must begin final 
reclamation within 6 months after you complete your authorized 
operations unless we authorize a different reclamation period in 
writing.
    (c) You must protect all survey markers (e.g., monuments, witness 
corners, reference monuments, and bearing trees) against destruction, 
obliteration, or damage from operations. You are responsible for 
reestablishment, restoration, and referencing of any monuments, 
corners, and bearing trees that are destroyed, obliterated, or damaged 
by your operations.
    (d) You must complete reclamation by:
    (1) Plugging all wells;
    (2) Removing all above-ground structures, equipment, roads, and all 
other manmade material and debris resulting from operations;
    (3) Removing or neutralizing any contaminating substances;
    (4) Reestablishing native vegetative communities, or providing for 
conditions where ecological processes typical of the ecological zone 
(e.g., plant or wildlife succession) will reestablish themselves;
    (5) Grading to reasonably conform the contours to pre-existing 
elevations that are most appropriate to maximizing ecologic functional 
value;
    (6) Restoring conditions to predisturbance hydrologic movement and 
functionality;
    (7) Restoring natural systems using native soil material that is 
similar in character to the adjacent undisturbed soil profiles;
    (8) Ensuring that reclamation does not interfere with visitor use 
or with administration of the unit;
    (9) Attaining conditions that are consistent with the management 
objectives of the refuge, designed to meet the purposes for which the 
refuge was established; and
    (10) Coordinating with us or with other operators who may be using 
a portion of your area of operations to ensure proper and equitable 
apportionment of reclamation responsibilities.


Sec.  29.118  What additional operating standards apply to geophysical 
operations?

    If you conduct geophysical operations, you must do all of the 
following:
    (a) Use surveying methods that minimize the need for vegetative 
trimming and removal.
    (b) Locate source points using industry-accepted minimum safe-
offset distances from pipelines, telephone lines, railroad tracks, 
roads, power lines, water wells, oil and gas wells, oil- and gas-
production facilities, and buildings.
    (c) Use equipment and methods that, based upon the specific 
environment, will minimize impacts to federally owned or administered 
lands, waters, and resources of refuges; visitor uses and experiences; 
and visitor and employee health and safety.
    (d) If you use shot holes, you must:
    (1) Use biodegradable charges;
    (2) Plug all shot holes to prevent a pathway for migration for 
fluids along any portion of the bore; and
    (3) Leave the site in a clean and safe condition that will not 
impede surface reclamation or pose a hazard to human health and safety.
    (e) For geological and geophysical exploration for oil and gas 
within the

[[Page 77226]]

coastal plain of the Arctic National Wildlife Refuge, the regulations 
at 50 CFR part 37 apply.


Sec.  29.119  What additional operating standards apply to drilling and 
production operations?

    If you conduct drilling and production operations, you must meet 
all of the following standards:
    (a) To conduct drilling operations, you must:
    (1) Use containerized mud circulation systems for operations;
    (2) Not create or use earthen pits;
    (3) Take all necessary precautions to keep your wells under control 
at all times, using only employees, contractors, or subcontractors 
trained and competent in well control procedures and equipment 
operation, and using industry-accepted well control equipment and 
practices; and
    (4) Design, implement, and maintain integrated casing, cementing, 
drilling fluid, completion, stimulation, and blowout prevention 
programs to prevent escape of fluids to the surface and to isolate and 
protect usable water zones throughout the life of the well, taking into 
account all relevant geologic and engineering factors.
    (b) To conduct production operations, in addition to meeting the 
standards of paragraphs (a)(1) through (a)(4) of this section, you must 
do all of the following:
    (1) Monitor producing conditions for early indications that could 
lead to loss of mechanical integrity of producing equipment.
    (2) Maintain all surface equipment and the wellhead to prevent 
leaks or releases of any fluids or air pollutants.
    (3) Identify wells and related facilities with appropriate signage. 
Signs must remain in place until the well is plugged and abandoned and 
the related facilities are removed. Signs must be of durable 
construction, and the lettering must be legible and large enough to be 
read under normal conditions at a distance of at least 50 feet. Each 
sign must show the name of the well, name of the operator, and the 
emergency contact phone number.
    (4) Regularly remove all equipment and materials that are no longer 
needed for a particular phase of your operation.
    (5) Plug all wells, leaving the surface in a clean and safe 
condition that will not impede surface reclamation or pose a hazard to 
human health and safety, in accordance with Sec.  29.117.

General Terms and Conditions


Sec.  29.120  What terms and conditions apply to all operators?

    The following terms and conditions apply to all operators, 
regardless of whether these terms and conditions are expressly included 
in the operations permit:
    (a) You must comply with all applicable operating standards in 
Sec. Sec.  29.111 through 29.119; these operating standards will be 
incorporated in the terms and conditions of your operations permit. 
Violation of these operating standards, unless otherwise provided in 
your operations permit, will subject you to the Prohibited Acts and 
penalties provisions of Sec. Sec.  29.190 through 29.192.
    (b) You are responsible for ensuring that all of your employees, 
agents, contractors, and subcontractors comply fully with the 
requirements of this subpart.
    (c) You may be required to reimburse the Service for the costs of 
processing and administering temporary access permits and operations 
permits.
    (d) If not covered by a State-held water right, any use of water 
within a refuge must be approved by the Service upon the Service's 
determination that it will not impair any refuge resource or use.
    (e) You must provide the refuge a statement under penalty of 
perjury, signed by an official who is authorized to legally bind the 
company, stating that proposed operations are in compliance with all 
applicable Federal, State, and local laws and regulations and that all 
information submitted to the Service is true and correct.
    (f) You agree to indemnify and hold harmless the United States and 
its officers and employees from and against any and all liability of 
any kind whatsoever arising out of or resulting from the acts or 
omissions of you and your employees, agents, representatives, 
contractors, and subcontractors in the conduct of activities under the 
operations permit.
    (g) You will be required to take all reasonable precautions to 
avoid, minimize, rectify, or reduce the overall impacts of your 
proposed oil and gas activities to the refuge. You may be required to 
mitigate for impacts to refuge resources and lost uses by providing for 
habitat creation, habitat restoration, land purchase, or other 
compensation agreed to by the Service.
    (h) You will be responsible for unanticipated and unauthorized 
damages as a direct or indirect result of your operations. You will be 
responsible for the actions and consequences of your employees and 
subcontractors. You will also be responsible for any reclamation of 
damages to refuge resources caused by your operations as a result of 
severe weather, fire, earthquakes, or the like thereof.


Sec.  29.121  What monitoring and reporting is required for all 
operators?

    (a) The Service may access your area of operations at any time to 
monitor the effects of your operations to ensure compliance with the 
regulations in this subpart.
    (b) The Service may determine that third-party monitors are 
necessary to ensure compliance with your operations permit and to 
protect federally owned or administered lands, waters, or the resources 
of refuges, visitor uses and experiences, and visitor or employee 
health and safety.
    (1) The Service's determination will be based on the scope and 
complexity of the proposed operation, reports that you are required to 
submit under paragraph (e) of this section, and whether the refuge has 
the staff and technical ability to ensure compliance with the 
operations permit and any provision of this subpart.
    (2) A third-party monitor will report directly to the Service at 
intervals determined by the Service. We will make the information 
reported available to you upon your request.
    (3) You will be responsible for the cost of the third-party 
monitor.
    (c) You must notify the Service within 24 hours of any injuries to 
or mortality of fish, wildlife, or endangered or threatened plants 
resulting from your operations.
    (d) You must notify the Service of any accidents involving serious 
personal injury or death and of any fires or spills on the site 
immediately after the accident occurs. You must submit a full written 
report on the accident to the Service within 90 days after the accident 
occurs.
    (e) Upon our request, you must submit reports or other information 
necessary to verify compliance with your permit or with any provision 
of this subpart. To fulfill this request, you may submit to us reports 
that you have submitted to the State under State regulations, or that 
you have submitted to any other Federal agency.
    (f) If your operations include hydraulic fracturing, you must 
provide the Service with a report including the true vertical depth of 
the well, total water volume used, and a description of the base fluid 
and each additive in the hydraulic fracturing fluid, including the 
trade name, supplier, purpose, ingredients, Chemical Abstract Service 
Number (CAS), maximum ingredient concentration in additive (percent by 
mass), and maximum ingredient concentration in hydraulic fracturing 
fluid (percent by mass). The report must be submitted through FracFocus 
or another Service-designated database.

[[Page 77227]]

Sec.  29.122  For how long is my operations permit valid?

    Operations permits remain valid for the duration of the operation. 
Provisions of Sec.  29.160 apply.

Access Fees


Sec.  29.140  May I cross Federal property to reach the boundary of my 
oil and gas right?

    (a) The Service may grant you the privilege of access on, across, 
or through federally owned or administered lands or waters in any 
refuge to reach the boundary of your oil and gas right. You should 
contact the Service to determine if additional permits are necessary 
for access.
    (b) In refuge units in Alaska, regulations and standards at 43 CFR 
part 36 govern access, including access fees, to an operator's oil and 
gas right.


Sec.  29.141  Will the Service charge me a fee for access?

    (a) The Service will charge you a fee if you require use of 
federally owned or administered lands or waters outside the boundary or 
scope of your oil and gas right:
    (1) If you require new use of federally owned or administered lands 
or waters, we will charge you a fee based on the fair market value of 
that use.
    (2) Fees under this section will not be charged for access within 
the scope of your oil and gas right or access to your right that is 
otherwise provided for by law.
    (b) If access to your oil and gas right is across an existing 
refuge road, we may charge a fee according to a posted fee schedule.
    (c) We, to the extent permitted by law, may allow you to undertake 
in-kind services to offset fees.


Sec.  29.142  Will I be charged a fee for emergency access to my 
operations?

    No.
    (a) The Service will not charge a fee for access across federally 
owned or administered lands beyond the scope of your oil and gas right 
as necessary to respond to an emergency situation at your area of 
operations if we determine after the fact that the circumstances 
required an immediate response to either:
    (1) Prevent or minimize injury to refuge resources; or
    (2) Ensure public health and safety.
    (b) You will be liable for any damage caused to refuge resources as 
a result of such emergency access.

Financial Assurance


Sec.  29.150  When do I have to provide financial assurance to the 
Service?

    You will need to provide financial assurances as a condition of 
approval for your operations permit when you submit your application. 
You must file financial assurance with us in a form acceptable to the 
Service and payable upon demand. This financial assurance is in 
addition to any financial assurance required by any other Federal or 
State regulatory authority.


Sec.  29.151  How does the Service establish the amount of financial 
assurance?

    (a) We will base the financial assurance amount upon the estimated 
cost that a third-party contractor would charge to complete reclamation 
in accordance with this subpart. If the cost of reclamation exceeds the 
amount of your financial assurance, you will remain liable for all 
costs of reclamation in excess of the financial assurance.
    (b) The Service will reduce the required amount of your financial 
assurance during the pendency of operations by the amount we determine 
is represented by in-kind reclamation you provide during your 
operations.


Sec.  29.152  Will the Service adjust the amount required for my 
financial assurance?

    The Service may require, or you may request, an adjustment to the 
financial assurance amount because of any circumstance that increases 
or decreases the estimated costs established under Sec.  29.151.


Sec.  29.153  When will the Service release my financial assurance?

    (a) Your responsibility under the financial assurance will continue 
until either:
    (1) The Service determines that you have met all applicable 
reclamation operating standards and any additional reclamation 
requirements that may be included in your operations permit; or
    (2) A new operator assumes your operations, as provided in Sec.  
29.170(b).
    (b) You will be notified by the Service within 30 calendar days of 
our determination that your financial assurance has been released.


Sec.  29.154  Under what circumstances will I forfeit my financial 
assurance?

    (a) You may forfeit all or part of your financial assurance if we 
cannot secure your compliance with the provisions of your operations 
permit or a provision of this subpart. The part of your financial 
assurance forfeited is based on costs to the Service to remedy your 
noncompliance.
    (b) In addition to forfeited financial assurance, we may 
temporarily:
    (1) Prohibit you from removing all structures, equipment, or other 
materials from your area of operations;
    (2) Require you to secure the operations site and take any 
necessary actions to protect federally owned or administered lands, 
waters, and resources of the refuge; visitor uses; and visitor or 
employee health and safety; and
    (3) Suspend review of any permit applications you have submitted 
until we determine that all violations of permit provisions or of any 
provision of this subpart are resolved.
    (4) Seek recovery as provided in Sec.  29.151 for all costs of 
reclamation in excess of the posted financial assurance.

Modification to an Operation


Sec.  29.160  Can I modify operations under an approved permit?

    The Service may amend an approved temporary access permit or an 
operations permit to adjust to changed conditions or to address 
unanticipated conditions, either upon our own action or at your 
request.
    (a) To request a modification to your operation, you must provide, 
in writing, to the Service, your assigned permit number, a description 
of the proposed modification, and an explanation of why the 
modification is needed. We will review your request for modification 
under the approval standards at Sec. Sec.  29.72 or 29.103.
    (b) If the Service needs to amend your temporary access permit or 
operations permit, you will receive a written notice that:
    (1) Describes the modification required and justification; and
    (2) Specifies the time within which you must incorporate the 
modification into your operations.
    (c) You may not implement any modification until you have received 
the Service's written approval.

Change of Operator


Sec.  29.170  What are my responsibilities if I transfer my right to 
operate?

    (a) If your operations are being conducted under Sec.  29.44, you 
must notify the Service in writing within 30 calendar days from the 
date the new operator acquires the rights to conduct operations. Your 
written notification must include:
    (1) The names and addresses of the person or entity conveying the 
right and of the person or entity acquiring the right;
    (2) The effective date of transfer;
    (3) The description of the rights, assets, and liabilities being 
transferred and which ones, if any, are being reserved by the previous 
operator; and
    (4) A written acknowledgement from the new operator that the 
contents of the notification are true and correct.

[[Page 77228]]

    (b) If your operations are being conducted under Sec.  29.43 or an 
operations permit:
    (1) You must provide notice under paragraph (a) of this section.
    (2) You remain responsible for compliance with your operations 
permit, and we will retain your financial assurance until the new 
operator:
    (i) Adopts and agrees in writing to conduct operations in 
accordance with all terms and conditions of your operations permit;
    (ii) Provides financial assurance with us that is acceptable to the 
Service and made payable to the Service; and
    (iii) Receives written notification from the Service that transfer 
of the operations permit has been approved.


Sec.  29.171  What must I do if operations are transferred to me?

    (a) If another operator transfers operations conducted under Sec.  
29.44, as the transferee you may continue operating under the 
requirements of that section, but within 30 calendar days from the date 
of the transfer, you must provide to the Service:
    (1) Documentation demonstrating that you hold the right to operate; 
and
    (2) The names, phone numbers, and addresses of your:
    (i) Primary company representative;
    (ii) Representative responsible for field supervision; and
    (iii) Representative responsible for emergency response.
    (b) If another operator transfers operations conducted under Sec.  
29.43 or an operations permit, in addition to the information required 
under paragraph (a) of this section, you must within 30 days of 
commencing transferred operations:
    (1) Agree in writing to conduct operations in accordance with all 
terms and conditions of the previous operator's permit; and
    (2) File financial assurance with us that is acceptable to the 
Service and made payable to the Service; and
    (3) Receive written approval from the Service for the transfer of 
the operation's permit.
    (c) You may modify operations transferred to you in accordance with 
Sec.  29.160.

Well Plugging


Sec.  29.180  When must I plug my well?

    Except as provided in Sec.  29.181, you must plug your well, in 
accordance with the standards and procedures outlined in this subpart, 
when any of the following occurs:
    (a) Your drilling operations have ended and you have taken no 
further action on your well within 60 calendar days;
    (b) Your well, which has been completed for production operations, 
is continuously inactive for a period of 1 year; or
    (c) The period approved in your operations permit to maintain your 
well in shut-in status has expired.


Sec.  29.181  Can I get an extension to the well plugging requirement?

    (a) You may apply for either an operations permit or a modification 
to your approved operations permit to maintain your well in a shut-in 
status for up to 5 years. Provide the information requested on FWS Form 
3-2469, including, but not limited to:
    (1) An explanation of why the well is shut-in or temporarily 
abandoned and your future plans for utilization;
    (2) A demonstration of the mechanical integrity of the well; and
    (3) A description of the manner in which your well, equipment, and 
area of operations will be maintained in accordance with the standards 
in the subpart.
    (b) Based on the information provided under this section, we may 
approve your application to maintain your well in shut-in status for a 
period up to 5 years.
    (c) You may apply for additional extensions by submitting a new 
application under paragraph (a) of this section.

Prohibited Acts and Penalties


Sec.  29.190  What acts are prohibited under this subpart?

    The following acts are prohibited:
    (a) Operating in violation of the terms or conditions of a 
temporary access permit, an operations permit, a permit under Sec.  
29.43, or any applicable provision of this subpart, including Sec.  
29.60 for pre-existing operations.
    (b) Damaging federally owned or administered lands, waters, or 
resources of a refuge as a result of failure to comply with the terms 
or conditions of a temporary access permit, an operations permit, 
operations being conducted under Sec. Sec.  29.43 or 29.44, or any 
provision of this subpart.
    (c) Conducting operations without a temporary access permit or an 
operations permit, unless conducting operations under Sec. Sec.  29.43 
or 29.44.
    (d) Failure to comply with any suspension or revocation order 
issued under this subpart.
    (e) Failure to comply with any applicable Federal law or 
regulation, including any applicable State law or regulation. Unless 
specifically covered by the general and special regulations set forth 
in this subchapter, the laws and regulations of the State within whose 
exterior boundaries a national wildlife refuge or portion thereof is 
located will govern the exploration, production, storage, and 
transportation of oil and gas. Such non-conflicting State laws and 
regulations that are now or may hereafter be in effect are hereby 
adopted and made a part of the regulations in this part.
    (f) Failure to comply with any of the above in Alaska, except for 
violations of 43 CFR part 36, which are governed by the regulations in 
subpart B of this part.


Sec.  29.191  What enforcement actions can the Service take?

    If you engage in a prohibited act:
    (a) The Service may suspend and/or revoke your approved operations 
permit and your authorization for operations as set forth at Sec.  
29.43 and Sec.  29.44; and/or
    (b) All prohibited acts are subject to the penalty provisions set 
forth at Sec.  28.31 of subchapter C of this chapter.


Sec.  29.192  How do violations affect my ability to obtain a permit?

    Until you comply with the regulations in this subpart, we will not 
consider a new request to conduct any operations within a refuge.

Appeals


Sec.  29.200  Can I, as operator, appeal Service decisions?

    Yes. If you disagree with a decision made by the Service under this 
subpart, you may use the appeals process in Sec.  25.45 of subchapter C 
of this chapter. For ROWs, appeals would still be governed by Sec.  
29.22; in Alaska, appeals would still be governed by 43 CFR 36.8.

Public Information


Sec.  29.210  How can the public learn about oil and gas activities on 
refuge lands?

    (a) Interested parties may view the publicly available documents at 
the refuge's office during normal business hours or by other means 
prescribed by the refuge. The availability for public inspection of 
information about the nature, location, character, or ownership of 
refuge resources will conform to all applicable law and implementing 
regulations, standards, and guidelines.
    (b) The refuge will make available for public inspection any 
documents that an operator submits to the Service under this subpart 
except those that you have identified as proprietary or confidential.
    (c) For the information required in Sec.  29.121(f), the operator 
and the owner of the information will be deemed to have waived any 
right to protect from public disclosure information submitted

[[Page 77229]]

through FracFocus or another Service-designated database.
    (d) For information required under this subpart that the owner of 
the information claims to be exempt from public disclosure and is 
withheld from the Service, a corporate officer, managing partner, or 
sole proprietor of the operator must sign and the operator must submit 
to the authorized officer an affidavit that:
    (1) Identifies the owner of the withheld information and provides 
the name, address, and contact information for a corporate officer, 
managing partner, or sole proprietor of the owner of the information;
    (2) Identifies the Federal statute or regulation that would 
prohibit the Service from publicly disclosing the information if it 
were in the Service's possession;
    (3) Affirms that the operator has been provided the withheld 
information from the owner of the information and is maintaining 
records of the withheld information, or that the operator has access 
and will maintain access to the withheld information held by the owner 
of the information;
    (4) Affirms that the information is not publicly available;
    (5) Affirms that the information is not required to be publicly 
disclosed under any applicable local, State, tribal, or Federal law;
    (6) Affirms that the owner of the information is in actual 
competition and identifies competitors or others that could use the 
withheld information to cause the owner of the information substantial 
competitive harm;
    (7) Affirms that the release of the information would likely cause 
substantial competitive harm to the owner of the information and 
provides the factual basis for that affirmation; and
    (8) Affirms that the information is not readily apparent through 
reverse engineering with publicly available information.
    (e) If the operator relies upon information from third parties, 
such as the owner of the withheld information, to make the affirmations 
in paragraphs (d)(6) through (d)(8) of this section, the operator must 
provide a written affidavit from the third party that sets forth the 
relied-upon information.
    (f) The Service may require any operator to submit to the Service 
any withheld information, and any information relevant to a claim that 
withheld information is exempt from public disclosure.
    (g) If the Service determines that the information submitted under 
paragraph (e) of this section is not exempt from disclosure, the 
Service will make the information available to the public after 
providing the operator and owner of the information with no fewer than 
10 business days' notice of the Service's determination.
    (h) The operator must maintain records of the withheld information 
until the later of the Service's release of the operator's financial 
assurance or 7 years after completion of operations on refuge lands. 
Any subsequent operator will be responsible for maintaining access to 
records required by this paragraph during its operation of the well. 
The operator will be deemed to be maintaining the records if it can 
promptly provide the complete and accurate information to the Service, 
even if the information is in the custody of its owner.
    (i) If any of the chemical identity information required in this 
subpart is withheld, the operator must provide the generic chemical 
name in the submission required. The generic chemical name must be only 
as nonspecific as is necessary to protect the confidential chemical 
identity, and should be the same as or no less descriptive than the 
generic chemical name provided to the Environmental Protection Agency.

Information Collection


Sec.  29.220  Has the Office of Management and Budget approved the 
collection of information?

    The Office of Management and Budget reviewed and approved the 
information collection requirements contained in this subpart and 
assigned OMB Control No. 1018-XXXX. We use the information collected 
under this subpart to manage non-Federal oil and gas operations within 
refuge boundaries for the purpose of protecting wildlife and habitat, 
water quality and quantity, wildlife-dependent recreational 
opportunities, and the health and safety of employees and visitors on 
NWRS lands. We may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number. You may send comments on the information 
collection requirements to the Information Collection Clearance 
Officer, U.S. Fish and Wildlife Service, at the address listed in 50 
CFR 2.2.

Karen Hyun,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-30977 Filed 12-10-15; 8:45 am]
 BILLING CODE 4333-15-P