[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Notices]
[Pages 76961-76962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26492]


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DEPARTMENT OF THE INTERIOR

National Park Service


Record of Decision for Non-Federal Oil and Gas Regulation 
Revision Environmental Impact Statement (EIS)

AGENCY: National Park Service, Interior.

ACTION: Notice of availability; record of decision.

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SUMMARY: The National Park Service (NPS) has prepared and approved a 
Record of Decision (ROD) for the Nonfederal Oil and Gas Regulations (36 
CFR part 9, subpart B) Revisions. Approval of this Record of Decision 
completes the National Environmental Policy Act process.

DATES: November 4, 2016.

ADDRESSES: Copies of the ROD are available for public review at http://parkplanning.nps.gov/ROD_9B.

FOR FURTHER INFORMATION CONTACT: David Steensen, Chief, Geologic 
Resources Division, National Park Service, PO Box 25287, Denver, CO 
80225; phone (303) 969-2014. The responsible official for this ROD is 
Jonathan Jarvis, Director, National Park Service, 1849 C Street NW., 
Washington, DC 20240.

SUPPLEMENTARY INFORMATION: This process was conducted in accordance 
with the requirements of the National Environmental Policy Act of 1969, 
as amended (NEPA) (42 U.S.C. 4321 et seq.), its implementing 
regulations (40 CFR parts 1500-1508), the Department of the Interior 
NEPA regulations (43 CFR part 46), and NPS Director's Order 12, 
Conservation Planning, Environmental Impact Analysis and Decision-
Making and accompanying handbook. The original Notice of Intent (NOI) 
initiating the NEPA process was published in the Federal Register on 
December 30, 2010 (75 FR 82362). The NOI specifically solicited public 
comment on draft purpose and need statements, objectives, and issues 
and concerns related to revisions of the NPS regulations governing non-
federal oil and gas development on units of the national park system. 
The NOI also requested public comment on possible alternatives the NPS 
should consider in revising the regulations. On October 23, 2015, the 
NPS released for public review the draft EIS for the Proposed Revision 
of 9B Regulations Governing Nonfederal Oil and Gas Activities through 
the publication of a Notice of Availability in the Federal Register (80 
FR 64445). The Environmental Protection Agency also issued a Notice of 
Availability for the draft EIS that was published in the Federal 
Register on October 30, 2015 (80 FR 66898). On September 2, 2016, the 
Environmental Protection Agency issued a Notice of Availability for the 
plan/Final Environmental Impact Statement (FEIS) that was published in 
the Federal Register (81 FR 60697); NPS also released the FEIS for 
public review on September 2, 2016, and published its own NPS Notice of 
Availability in the Federal Register on September 7, 2016 (81 FR 
61715).
    The FEIS evaluated the environmental consequences of three 
alternatives, Alternative A (no action), Alternative B (preferred and 
environmentally preferable alternative), and Alternative C.
    Alternative B includes the following alternative elements:
     Elimination of two regulatory provisions that exempt 60% 
of the oil and gas operations in System units. All operators in System 
units would be required to comply with the 9B regulations.
     Elimination of the financial assurance (bonding) cap. 
Financial assurance would be equal to the reasonable estimated cost of 
site reclamation.
     Improving enforcement authority by incorporating existing 
NPS penalty provisions. Law enforcement staff would have authority to 
write citations for noncompliance with the regulations.
     Authorizing compensation to the federal government for new 
access on federal lands and waters outside the boundary of an 
operator's mineral right.
     Reformatting the regulations to make it easier to identify 
an operator's information requirements and operating standards that 
apply to each type of operation.
    Alternative C includes all the proposed changes in Alternative B, 
except:
     Directional drilling operations: Alternative C would 
expand the scope of the regulations to encompass surface and subsurface 
directional drilling operations outside the boundary of a System unit.
     Proposed Operations Located Wholly on Non-Federally Owned 
Land Within the Boundary of a System Unit: This provision would allow 
for an exemption to the operations permit requirement for those 
operations located wholly on non-federally owned land within a System 
unit, if the operator could demonstrate that the proposed operation 
would have no effect to NPS administered resources or values.
     Joint and Several Liability: This provision would hold 
mineral owners and their lessees jointly and severally liable for all 
obligations to comply with

[[Page 76962]]

the terms and conditions of an approved permit and any other applicable 
provision under these regulations.
    The NPS consulted with traditionally associated American Indian 
tribes and groups, State Historic Preservation Officers, United States 
Fish and Wildlife Service, United States Environmental Protection 
Agency, state oil and gas regulatory commissions, and the state of 
Alaska.
    The ROD includes a summary of the purpose and need for action, 
synopses of alternatives considered and analyzed in detail, a 
description of the selected alternative, including measures that are 
included in the rule to minimize environmental harm, the basis for the 
decision, a description of the environmentally preferable alternative, 
and findings on impairment of park resources. The ROD is not the final 
agency action for those elements of the EIS that require promulgation 
of regulations to be effective. Promulgation of such regulations will 
constitute the final agency action for such elements, and will be 
published in a separate Federal Register document.

    Dated: October 23, 2016.
 Jonathan B. Jarvis,
 Director, National Park Service.
[FR Doc. 2016-26492 Filed 11-3-16; 8:45 am]
 BILLING CODE 4312-52-P