The US Bureau of Land Management reminded its field offices to use existing National Environmental Policy Act analyses to evaluate the impacts of proposed oil and gas activity on onshore federal and Indian lands.
These tools include determinations of NEPA adequacy (DNA), statutory and administrative categorical exclusions (CX), and field-wide analyses based on reasonable foreseeable development scenarios that can be used to expedite compliance with the 1970 statute at the drilling permit application stage, the agency said in a June 6 information bulletin.
“If existing NEPA analyses are sufficient to support the proposed decision, then BLM should document its reliance on these existing analyses in a DNA…or by adopting or incorporating these analyses into a new NEPA document, or by tiering new analysis so that the existing analysis is effectively used as support for the new proposal,” it said.
BLM noted that the 2005 Energy Policy Act established five conditions for oil and gas CXs. They include individual surface disturbances of less than 5 acres if the total surface disturbance on the lease is not more than 150 acres and a NEPA site-specific analysis was completed previously; and maintenance of a minor activity, other than construction or major renovation of a building or facility.
If the agency cannot make a DNA, it should consider whether there is an applicable CX, the bulletin said. “If no CX applies to the proposed action and if existing NEPA analysis is inadequate or unavailable to support the proposed action, then BLM should prepare a new [environmental assessment], or if necessary a new EIS,” it said.
“Again, to comply with NEPA in the most expeditious and appropriate manner, BLM should first consider whether other avenues for NEPA compliance are available before preparing a new EA or a new EIS,” the agency emphasized in the information bulletin, which can be read online at https://www.blm.gov/policy/ib-2018-061.
Other proposals
BLM issued the bulletin as the House Natural Resources Committee’s Energy and Mineral Resources Committee considered four proposals that Republicans said would make onshore federal oil and gas leasing more efficient and fair. Democrats warned during the June 6 hearing that if the discussion drafts became law, they would discourage public participation in deliberations under NEPA.
An American Petroleum Institute official welcomed BLM’s action. “Removing unnecessary obstacles to safe and responsible energy development will effectively promote US job growth; domestic oil and gas production; and revenue for federal, state, and tribal governments while strengthening our national security,” API Upstream and Industry Operations Director Erik Milito said on June 7.
“Over the last decade, federal onshore oil and gas permitting has averaged around 200 days/permit,” he said.
