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Barry Burkhardt -. bburkhardt@fs.fed.us. 801-625-5157. Energy Exploration & Development. On National Forest System Lands. My Presentation Will Cover the Following:. Legal Aspects. FS Minerals Policy. Process & Inter-agency Coordination. Questions At the End. Mineral Leasing Act of 1920.
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Barry Burkhardt - bburkhardt@fs.fed.us 801-625-5157 Energy Exploration & Development On National Forest System Lands
My Presentation Will Cover the Following: Legal Aspects FS Minerals Policy Process & Inter-agency Coordination Questions At the End
Mineral Leasing Act of 1920 Mineral Leasing Act for Acquired Lands of 1947 Multiple-Use Sustained-Yield Act of 1960 Mining and Minerals Policy Act of 1970 National Forest Management Act of 1976 Key Legislation - Summary Energy Security Act of 1980 Federal Onshore Oil and Gas Leasing Reform Act of 1987
What is the Forest Service Minerals Policy…?? And what is its basis… The Mining and Minerals Policy Act of 1970
On August 3, 1995, Chief Jack Ward Thomas established the Forest Service policy from selected wording in the 1970 Act. “to foster and encourage private enterprise in the development of economically sound and stable industries, and in the orderly and economic development of domestic resources to help assure satisfaction of industrial, security, and environmental needs”
Within this context, the national forests and grasslands have an essential role in contributing to an adequate and stable supply of mineral and energy resources while continuing to sustain the land’s productivity for other uses and its capability to support biodiversity goals. Jack Ward Thomas August 3, 1995
Citing from the law… “The Congress declares that it is the continuing policy of the Federal Government …” Note: this isn’t just the Forest Service policy, but the policy of the Federal Government …Made interesting discussion @ Rocky Mt. FLF
Under the Umbrella of the Federal Government Policy, The Forest Service Policy Also States: The Forest Service will administer its minerals program within the overall context of the principles of ecosystem management.
Lets start with broad scale planning Forest Plans
National Forest Management Act of 1976 * Requires the development of Forest Plans under the principles of the Multiple-Use Sustained-Yield Act. - Plan establishes goals and objectives – desired resource conditions - Defines standards and guidelines for resource management - Defines Management Areas – “Zoning” - Strategy for monitoring and evaluation
New planning Regulations have been proposed and are out for public comment - May not involve a NEPA analysis… - A more collaborative process with ongoing public involvement - Project or implementing decisions would be subject to NEPA analysis– including mineral leasing Current Process – extremely costly & takes 5 years to complete a 10 year plan…
NFMA based on Principles of MUSYA MUSYA states: “…national forests are established and shall be administered for outdoor recreation, range, timber, watershed, and wildlife and fish purposes.” “The purposes of this Act are declared to be supplemental to, but not in derogation of the purposes for which the national forests were established…” “Nothing herein shall be construed so as to affect the use or administration of the mineral resources of national forest system lands…”
Leasing Decisions: Two Options… Made during Forest Plan Revision…. Separate Leasing Analysis & Decision * BLM is normally a cooperating agency since they make the final decision of whether or not to lease.
Energy Security Act of 1980 “Sec. 262: It is the intent of Congress that the Secretary of Agriculture shall process applications for leases of National Forest System lands and for permits to explore, drill, and develop resources …. Notwithstanding the current status of any plan being prepared …”(Forest Plan).
The Federal Onshore Oil and Gas Leasing Reform Act To insure that the Federal Government received fair market value for leases – it changed the leasing process. All leases are to be offered competitively…bidding process. .
The Federal Onshore Oil and Gas Leasing Reform Act … The BLM can not issue a lease “over the objection” of the Forest Service. This established a leasing decision where the FS only made recommendations previously. .
The Federal Onshore Oil and Gas Leasing Reform Act Gave the FS authority to regulate surface disturbing activities on lease. Procedures for doing so are identified in 36 CFR 228.106-108 and in Onshore Order #1.
Must comply with other legal mandates Endangered Species Act Various Cultural Resource Laws Clean Air Act Clean Water Act Application For Permit to Drill (APD) Site-specific NEPA analysis is conducted Can vary from EIS to Categorical Exclusion Decision space is dependent on the terms of the lease
Geophysical Exploration can occur at any time A lease is not required – and is often done prior to committing funds to acquire leases.
Geophysical exploration requires a FS authorization. An EA or CE is prepared – typically a CE
Geophysical operations – small short-term impacts that can reduce cumulative or larger impacts – fewer wells drilled
Subsurface operations and well maintenance is BLM authority. FS is only involved if there are new associated surface uses.
Ongoing administration – shared by FS & BLM This well was drilled without a reserve pit to minimize risk to a perched water table in the area…
FS focuses on surface uses and BLM focuses more on royalty accountability and site security.
Oil and Gas development can be done in an environmentally sound manner…
“It’s What You Don’t See… 16 Well Locations… Pipelines and flowlines… Production facilities & roads… Daily production to heat 80,000 homes…
