[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Proposed Rules]
[Pages 46458-46460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19962]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 228

RIN 0596-AD33


Oil and Gas Resources

AGENCY: Forest Service, USDA.

ACTION: Advance notice of proposed rulemaking; request for comment.

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SUMMARY: The United States Department of Agriculture (USDA), Forest 
Service is preparing to revise the contents of its Oil and Gas 
Resources regulations. This advance notice is intended to give the 
public the opportunity to comment on key issues regarding 
implementation of the existing regulations or to bring other issues of 
concern to the USDA Forest Service's attention. Comments will help

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the USDA Forest Service determine the next steps in addressing the oil 
and gas regulations. The Office of Management and Budget has determined 
that this advance notice is significant under E.O. 12866.

DATES: Comments must be received by October 15, 2018.

ADDRESSES: Please submit comments via one of the following methods:
    1. Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov/. In the Search box, enter FS-2018-0053 which is 
the docket number for this Advance Notice of Proposed Rulemaking. Then, 
in the Search panel on the left side of the screen, under the Document 
Type heading, click on the Notice link to locate this document. You may 
submit a comment by clicking on ``Comment Now!''
    2. Mail: Written comments should be addressed to USDA-Forest 
Service. Attn: Director-MGM Staff, 1617 Cole Boulevard, Building 17, 
Lakewood, CO 80401.
    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 FURTHER INFORMATION CONTACT: Sherri Thompson at 303-275-5147 or by 
mail at 1617 Cole Boulevard, Building 17, Lakewood, CO 80401. 
Individuals who use telecommunication devices for the deaf (TDD) may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 10 a.m. and 7 p.m., Eastern Standard Time, Monday through 
Thursday.

SUPPLEMENTARY INFORMATION: 

Background:

    The USDA Forest Service manages and protects 154 national forests, 
20 grasslands and 1 prairie in 43 states and Puerto Rico. The agency's 
mission is to sustain the health, diversity, and productivity of the 
Nation's forests and grasslands to meet the needs of present and future 
generations. At the same time, Congress has long recognized the 
importance of the mineral resources located within the National Forest 
System and has repeatedly made special provision for the administration 
and development of these minerals. Congress passed the Mining and 
Mineral Policy Act of 1970 setting a national policy to foster private 
development of domestic mineral resouces to help assure the 
satisfaction of industrial, security, and environmental needs. It is in 
the national interest to promote clean and safe development of our 
Nation's vast energy resources, while at the same time avoiding 
regulatory burdens that unnecessarily encumber energy production, 
constrain economic growth, and prevent job creation.
    Approximately 44 national forests or grasslands have ongoing 
federal oil and gas interest or operations. Pursuant to the Mineral 
Leasing Act, as amended by the Federal Onshore Oil and Gas Leasing 
Reform Act of 1987 (``Reform Act''), the Department of the Interior 
(through the Bureau of Land Management and regulations at 43 CFR part 
3100) and the Department of Agriculture (through the USDA Forest 
Service and regulations at 36 CFR part 228, subpart E) exercise 
complementary regulatory authority over the development of federal oil 
and gas resources associated with National Forest System lands. While 
the Secretary of the Interior determines whether any oil and gas lease 
shall be issued and regulates all downhole operations through a post-
leasing Application for Permit to Drill (APD), the Reform Act directs 
that on National Forest System lands reserved from the public domain: 
(1) No lease may be issued over the objection of the Secretary of 
Agriculture, and (2) no APD may be granted without the analysis and 
approval by the Secretary of Agriculture of a Surface Use Plan of 
Operations (SUPO) covering proposed surface-disturbing activities 
within the lease area. USDA Forest Service's issuance of a consent to 
lease is similarly required for acquired National Forest System lands 
pursuant to the Mineral Leasing Act for Acquired Lands of 1947. The 
regulations at 36 CFR 228, Subpart E establish uniform procedures 
addressing oil and gas leasing and operations across all National 
Forest System lands. Specific to oil and gas leasing, the Energy Policy 
Act of 2005 charged USDA Forest Service to ensure timely and 
coordinated action on leasing applications and expeditious compliance 
with environmental and cultural resource laws.

Need for Rulemaking

    The USDA Forest Service is seeking public comment regarding 
updating, clarifying, and streamlining the regulations at 36 CFR 228 
Subpart E--Oil and Gas Resources. The current regulations were 
promulgated in 1990 with a minor modification in 2007 to reflect 
revisions to Onshore Order No. 1,\1\ 42 CFR 3164.1. Updating the 
regulations will afford an opportunity to modernize and streamline 
analytical and procedural requirements.
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    \1\ Onshore Order No. 1 was originally issued in 1983 to 
implement and supplement Bureau of Land Management's oil and gas 
regulations, 43 CFR 3160. It established the application 
requirements for the approval of proposed oil and gas and service 
wells, certain subsequent well operations and abandonment for 
operations on Federal oil and gas leases. One of the purposes of the 
Order as amended May 7, 2007, is to reflect the assignment of 
authority to the Secretary of Agriculture to approve and regulate 
the surface disturbing activity associated with oil and gas wells on 
National Forest System lands (1987 Federal Oil and Gas Leasing 
Reform Act).
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    The USDA Forest Service examined the regulations as part of USDA's 
response to Executive Order 13212, ``Actions to Expedite Energy-Related 
Projects,'' Executive Order 13783, ``Promoting Energy Independence and 
Economic Growth,'' and Executive Order 13807, ``Establishing Discipline 
and Accountability in the Environmental Review and Permitting Process 
for Infrastructure.'' Several areas of the current regulations were 
identified where potential revisions may expedite energy-related 
projects by streamlining internal processes related to environmental 
review and permitting. Potential revisions may simplify the decision 
making process for oil and gas leasing, which would lead to quicker 
leasing decisions. The potential changes to the existing regulation 
permitting sections include eliminating language that is redundant with 
the NEPA process, removing confusing options, and ensuring better 
alignment with the BLM regulations. The intent of these potential 
changes would be to decrease permitting times by removing regulatory 
burdens that unnecessarily encumber energy production. These potential 
changes would promote domestic oil and gas production by allowing 
industry to begin production more quickly. The areas of the current 
regulations identified for potential changes are listed in the bullets 
in the next section of this announcement, entitled ``Comments Requested 
on Proposed Regulation Revision.''
    Public input is requested as the USDA Forest Service seeks to 
identify opportunities to streamline the regulations to reduce burdens 
on the agency and applicants. A focus of the streamlining review is to 
simplify internal USDA Forest Service processing so that agency leasing 
reviews and Surface Use Plans of Operation portions of applications can 
be processed more efficiently. When the USDA Forest Service conducts a 
National Environmental Policy Act (NEPA) analysis before making an oil 
and gas leasing consent decision, the analysis frequently takes 
multiple years to be scheduled, funded, and

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completed. Five to ten years is not an uncommon length of time for 
parties interested in leasing National Forest System lands to wait. In 
July 2017, the Bureau of Land Management compiled a list of Surface Use 
Plans of Operation (the surface use portion of an Application for 
Permit to Drill) awaiting USDA Forest Service processing. That list 
included 177 Surface Use Plans of Operation with an average pending 
time of 3.6 years.
    The Agency will continue to deliver scientifically-based, high-
quality analysis to decision makers that honors its environmental 
stewardship responsibilities while maintaining robust public 
particiption. In addition, the USDA Forest Service plans to conduct 
staff training following the revision of the regulations to provide a 
more consistent approach to oil and gas management across the National 
Forest System.

Comments Requested on Proposed Regulation Revision

    The current regulations can be found at https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol2/pdf/CFR-2017-title36-vol2-part228-subpartE.pdf. The USDA Forest Service requests comments regarding 
revision of the following areas of the oil and gas regulations at 36 
CFR part 228, subpart E:
     Streamlining and reforming the process used by the USDA 
Forest Service to identify National Forest System lands that the Bureau 
of Land Management may offer for oil and gas leasing;
     Updating regulatory provisions concerning lease 
stipulation waivers, exceptions and modifications;
     Clarifying procedures for review and approval of surface 
use plans of operations;
     Updating the language addressing the operator's 
responsibility to protect natural resources and the environment;
     Clarifying language regarding inspections and compliance; 
and
     Addressing geophysical/seismic operations associated with 
minerals related matters in a manner that mirrors the Bureau of Land 
Management (BLM) regulations.
The changes listed here have the potential to decrease the burden on 
industry, thus promoting domestic energy production primarily by making 
the leasing decision process simpler, and by aligning the Forest 
Service process with the BLM so that operators have one simplified 
permitting system.

National Environmental Policy Act

    This Advance Notice also serves as the USDA Forest Service's notice 
of intent to prepare an environmental assessment or environmental 
impact statement pursuant to the National Environmental Policy Act, and 
initiate the scoping process. The USDA Forest Service requests comments 
regarding any potential environmental effects of changes to the 36 CFR 
part 228, subpart E, regulations.
    Conclusion: The USDA Forest Service is considering how to best 
proceed with revisions to 36 CFR part 228, subpart E, addressing 
analysis and protection of the renewable surface resources of the 
National Forest System associated with development of oil and gas 
resources on National Forest System lands.
    Comments and information supplied in response to this Notice will 
help the USDA Forest Service determine the next steps in revising and 
analyzing the oil and gas regulations. Comments should provide enough 
detail and contain sufficient supporting information (e.g., citations 
to published studies and or data related to your comments) in order for 
the USDA Forest Service to understand the issues raised and give 
comments the fullest consideration.
    Regulatory Findings: This ANPR is not a regulatory action under 
Executive Order 13771.

    Dated: August 31, 2018.
Victoria Christiansen,
Interim Chief, USDA, Forest Service.
[FR Doc. 2018-19962 Filed 9-12-18; 8:45 am]
BILLING CODE 3411-15-P