[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Proposed Rules]
[Pages 56575-56576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19519]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 28 and 29

[Docket No. FWS-HQ-NWRS-2012-0086; FXRS12610900000-167-FF09R24000]
RIN 1018-AX36


Management of Non-Federal Oil and Gas Rights

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; availability of Final Environmental Impact 
Statement.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), make 
available the final environmental impact statement (EIS) on regulations 
governing the exercise of non-Federal oil and gas rights outside of 
Alaska 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 refuges.

DATES: The Service will execute a Record of Decision no sooner than 30 
days from the date of publication of the notice of availability of the 
FEIS by the Environmental Protection Agency.

ADDRESSES: Copies of the FEIS will be available for public review at 
http://www.fws.gov/refuges/oil-and-gas/rulemaking.html and at 
www.regulations.gov at Docket No. FWS-HQ-NWRS-2012-0086.

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 22041; telephone 703-358-
2427. If you use a telecommunications device for the deaf (TDD), call 
the Federal Information Relay Service (FIRS) at 800-877-8339. Further 
contact information can be found at http://www.fws.gov/refuges/oil-and-gas/rulemaking.html.

SUPPLEMENTARY INFORMATION: Under the authority of the National 
Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) and the 
Department of the Interior regulations that implement NEPA (part 46 of 
title 43 of the Code of Federal Regulations) and the National Wildlife 
Refuge System Administration Act, as amended by the National Wildlife 
Refuge System Improvement Act (16 U.S.C. 668dd et seq.), we issue this 
supplementary document. The Environmental Protection Agency will 
publish similar notification of this action in the Federal Register.

Background

    On February 24, 2014, we issued an advance notice of proposed 
rulemaking (ANPR) (79 FR 10080) to assist us in developing a proposed 
rule on managing activities associated with non-Federal oil and gas 
development on lands and waters of the National Wildlife Refuge System 
(NWRS). 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 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 published a proposed rule on December 11, 2015 (80 FR 77200), to 
revise the regulations governing the exercise of non-Federal oil and 
gas rights located within NWRS units, and we announced the availability 
of a draft EIS. The comment period closed February 9, 2016. We now 
announce the availability of the FEIS.
    The FEIS evaluates the impacts of three alternatives, including the 
following alternative elements:
     Requirement that oil operators proposing new oil and gas 
development (e.g., drilling a well) obtain an operations permit.
     Requirement of financial assurance (bonding). Financial 
assurance would be equal to the reasonable estimated cost of site 
reclamation.
     Requirement that all operations, regardless of status, 
obtain a reclamation permit (including bonding) once that operation 
ceases to be economically productive.
     Improving enforcement authority by assimilating State oil 
and gas laws and regulations. Law enforcement staff would have 
authority to write citations for noncompliance with State regulations, 
primarily State regulations addressing surface impacts.

[[Page 56576]]

     Clarifying our authority to permit an operator access on 
NWRS units outside the boundary of an operator's mineral right.
     Clarifying the regulations to make it easier to identify 
an operator's information requirements and operating standards that 
apply to each type of operation.

    Dated: July 29, 2016.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-19519 Filed 8-19-16; 8:45 am]
 BILLING CODE 4333-15-P