[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Proposed Rules]
[Pages 79408-79409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27215]


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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 record of decision.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), make 
available the final record of decision (ROD) on revising regulations 
governing non-Federal oil and gas activities on National Wildlife 
Refuge System lands 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. The Service has selected Alternative B, 
implementation of the final rule, Management of Non-Federal Oil and Gas 
Rights, which revises current Service regulations, as its final 
decision. This decision is described and analyzed in the final 
environmental impact statement and summarized in the ROD.

ADDRESSES: Copies of the ROD are available for public review at http://www.fws.gov/refuges/oil-and-gas/rulemaking.html and at http://www.regulations.gov under 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 on the Refuge's Energy Program Web 
site at http://www.fws.gov/refuges/oil-and-gas/rulemaking.html.

SUPPLEMENTARY INFORMATION: 

Background

    With this document, we announce the availability of the record of 
decision (ROD) for the final environmental impact statement (EIS) 
analyzing revisions to the Service's regulations governing non-Federal 
oil and gas development on lands 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.
    On February 24, 2014, we issued an advance notice of proposed 
rulemaking (79 FR 10080) to assist us in developing a proposed rule and 
announced our intent to prepare an EIS; the comment period for this 
document closed April 25, 2014. In response to requests we received, on 
June 9, 2014, we reopened the comment period until July 9, 2014 (79 FR 
32903). During the two comment periods, we received almost 80,000 
responses, mostly form letters, of which greater than 99 percent were 
in support of revising the existing regulations. We reviewed and 
considered substantive comments as we drafted the proposed rule. On 
December 11, 2015, we published a proposed rule and draft EIS (80 FR 
77200). In response to the proposed rule and draft EIS, we received 
almost 40,000 responses, mostly form letters. All comments we received 
were carefully considered and, where appropriate, incorporated into the 
final rule and EIS. On August 22, 2016, we announced the availability 
of a final EIS, which evaluated the impacts of three alternatives (81 
FR 56575):
    The FEIS evaluates the impacts of the following three alternatives:
    Alternative A, the no-action alternative, retains the current level 
of regulation and oversight of oil and gas activities by the Service.

[[Page 79409]]

    Alternative B, the Service's selected alternative to implement, 
establishes a uniform process for when and how an operator must obtain 
an ``operations permit'' and ensures that all new operations on the 
NWRS are conducted under a suite of performance-based standards for 
avoiding or minimizing impacts to refuge resources or visitor uses. 
Alternative B also ensures that all operators on the NWRS successfully 
reclaim their area of operations once operations end. Under Alternative 
B, operations in Alaska would continue to be governed by title XI of 
the Alaska National Interest Lands Conservation Act (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.
    Alternative C includes all the proposed changes in Alternative B, 
with these additions: Service jurisdiction would expand to regulate 
non-Federal oil and gas operations that occur on private surface within 
the boundary of a refuge (i.e., inholdings) and to operations on non-
Federal surface locations that use directional drilling to access non-
Federal oil and gas underneath the surface of a refuge; and 
performance-based standards and the permitting process would expand to 
actively regulate downhole operations such as well cementing, well 
casing, and well integrity testing.

Decision

    The Service has determined that Alternative B, the agency-preferred 
alternative, best meets the agency's purpose and needs for revising 
regulations governing non-Federal oil and gas activities on the NWRS, 
because it most appropriately balances protection for refuge resources 
and uses with the administrative and cost burden imposed on both the 
regulated community and the Service. Therefore, it is the Service's 
decision to implement Alternative B, and make final the rule defined by 
that alternative for managing non-Federal oil and gas activities on the 
NWRS. This decision is based on the information contained in the final 
EIS. The ROD was prepared pursuant to the requirements of the Council 
on Environmental Quality regulations for implementing NEPA at 40 CFR 
parts 1500-1508 and the Department of the Interior's implementing 
regulations.

Authority

    We issue this document 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.).

    Dated: October 5, 2016
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-27215 Filed 11-10-16; 8:45 am]
 BILLING CODE 4333-15-P