Documentation and Tracking Requirements for Waiver, Exceptions, and Modifications for Fluid Mineral Exploration and Development Activities
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
http://www.blm.gov
June 14, 2019
In Reply Refer To:
3100 (310) P
EMS TRANSMISSION 06/17/2019
Permanent Instruction Memorandum No. 2019-006
To: All Field Office Officials
From: Assistant Director, Energy, Minerals and Realty Management
Subject: Documentation and Tracking Requirements for Waiver, Exceptions, and Modifications for Fluid Mineral Exploration and Development Activities
Program Area: Fluid Minerals Exploration and Operations; Land Use Planning and Environmental Coordination; Lands and Realty; Wildlife Management.
Purpose: The Bureau of Land Management (BLM) is updating its guidance for tracking Waivers, Exceptions, and Modifications [1] (WEM) of fluid minerals stipulations and Conditions of Approval (COA) to ensure that these requests are consistently processed and documented until the BLM completes database enhancements to its Automated Fluid Minerals Support System (AFMSS) 2 to perform this function. Additionally, the associated environmental analyses, documents, and authorized officer’s decision must be consistent with guidance found in Chapter IV of the BLM’s Planning for Fluid Mineral Resources Handbook (H-1624-1).
Policy/Action: Field Offices receive WEM requests from operators through sundry notices. However, due to the limited capabilities of BLM databases, the Field Offices will track the information in Attachment 1 in coordination with the Division of Fluid Minerals (WO-310) as they process WEM requests.
Budget Impact: None. There is no increased workload anticipated with implementing the guidance specified in this Instruction Memorandum (IM), since most Field Offices already track exception requests locally.
Background: The Government Accountability Office’s (GAO) report 17-307, Oil and Gas Development: Improved Collection and Use of Data Could Enhance BLM’s Ability to Assess and Mitigate Environmental Impacts listed 2 recommendations for executive action that pertain to exception decisions:
1. Develop a policy to ensure that field offices consistently track exception data.
2. Develop bureau-wide written procedures for consistently considering and clearly documenting the information and processes used to make exception decisions.
Pages of Manual/Handbook Sections Affected: This policy supplements the information contained within BLM H-1624-1, Planning for Fluid Mineral Resources, Chapter IV, C.3, and will be incorporated during the next handbook revision.
Instruction Memorandums Affected: This IM updates Washington Office (WO) IM-2008-032.
Coordination: The Division of Fluid Minerals (WO-310) coordinated preparation of this IM with the BLM State Offices; United States Department of the Interior, Office of the Solicitor; and Directorates of Resources and Planning (WO-200) and Energy, Minerals, and Realty Management (WO-300).
Contact: State Directors may direct any questions or concerns to me at mleverette@blm.gov or 202-208-4201; or your staff may contact Suzanne Mehlhoff, Acting Division Chief WO-310, at smehlhoff@blm.gov or 202-912-7143; or Janna Simonsen, Senior Natural Resource Specialist (WO-310), at jsimonsen@blm.gov or 202-912-7154.
Signed by: Authenticated by:
Mitchell Leverette Robert M. Williams
Acting, Assistant Director Division of Business Resources,WO-850
Energy, Minerals, and Realty Management
1 Attachment
1 - Exceptions Tracking Spreadsheet (1 p)
[1] As defined by BLM Manual Section (MS) 3103 & H-1624-1: A waiver is a permanent exemption to a lease stipulation. A modification is a change to the provisions of a lease stipulation, either temporarily or for the term of the lease. An exception is a one-time exemption to a lease stipulation and is determined on a case-by-case basis.