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Section V. Rights-of-Way and Special Use Authorizations. BLM and Forest Service. Objectives: Answer these questions--. When do I need to apply for a Right-of-Way (ROW) or Special Use Authorization (SUA)? How will BLM/FS notify me if a ROW or SUA is needed?
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Section V. Rights-of-Way and Special Use Authorizations BLM and Forest Service
Objectives: Answer these questions-- • When do I need to apply for a Right-of-Way (ROW) or Special Use Authorization (SUA)? • How will BLM/FS notify me if a ROW or SUA is needed? • What is the review and approval process associated with a oil and gas ROW or SUA?
Overview • Need for a Right-of-Way • Operator Notification • Review and Approval Process
BLM Surface/Federal Minerals Existing Road Proposed road, powerline, etc Proposed Well Scenario 1 ROW not required for proposed oil and gas facilities on-lease
ROW Required Proposed Well Scenario 2 ROW required for proposed oil and gas facilities downstream from custody transfer point, whether on or off lease BLM Surface/Federal Minerals Production Facility Existing Road/Gathering Pipeline ROW Required Proposed road, pipeline, and power line
BLM Surface/Federal Minerals Existing Road and Gathering Pipeline Proposed access road, pipeline, & power line Proposed Well ROW Required Scenario 3 ROW required for proposed oil and gas facilities off-lease Lease A Lease B ROW Required
BLM Surface/Federal Minerals Unit or Communitization Agreement Boundary ROW Required Existing Road Proposed access road, pipeline, & power line Proposed Well Scenario 4 ROW not required for proposed oil and gas facilities crossing multiple-leases within a Unit or Communitization Agreement Lease A Lease B Lease C Lease D ROW Required Lease F Lease E Lease G
BLM Surface/Federal Minerals Existing Road Proposed road, pipeline, & power line Proposed Well ROW Required Scenario 5 ROW required for proposed oil and gas facilities owned by parties other than lessee or operator ROW Required by Third Party Owner
Operator Notification Notification Opportunities • Within 10 days of receipt of APD • NOS Option • At the On-site • 7 days after the onsite • Other Notification
Review and Approval Process • Include ROW proposal in SUPO • Concurrent rather than consecutive review and approval
Forest Service Special Use Authorization vs. SUPO A changing policy
Special Use Authorizations – Before the Reform Act • BLM had authority on lease • FS had authority off-lease. • Two authorizations needed – the APD and a Special Use Permit.
FS Special Use Permit NFS Lands - Pre-Reform Act BLM approved well and road via APD Well 14-6 15 14 Lease A Lease B
Special Use Authorizations – After the Reform Act • The FS has authority to regulate all surface disturbance on NFS lands. • Order 1 does not dictate when SUA’s are used or limit the extent of SUPO approval
New FS Policy for Special Use Authorizations Entire access road approved in Surface Use Plan of Operations Well 14-6 15 14 Lease A Lease B No Special Use Permit needed
Policy Transition • Onshore Order #1 allows for the new policy but FS Regulation and Manual changes are needed to fully implement it. • Existing Special Use Permits will be adjusted when due for renewal or when workload allows.
Special Use Authorization Required • Pipelines downstream from meter or custody transfer point • Pipelines, roads, utilities located on- or off- lease owned/operated by someone other than leaseholder/operator
Conclusion • When do I need to apply for a Right-of-Way/Special Use Permit? • How will BLM/FS notify me if a Right-of-Way/Special Use Permit is needed? • What is the review and approval process associated with a Right-of-Way/Special Use Permit?