Notice of Availability of the BLM's Responses to Public Comments and of the BLM's Environmental Assessment on the Proposed Order of the Secretary on Oil, Gas, and Potash Leasing and Development Within the Designated Potash Area of Eddy and Lea Counties, NM, 71822-71824 [2012-29389]
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Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Notices
comment, which consisted of a general
invective about the U.S. Government
and did not pertain to this information
collection. We again invite comments
concerning this information collection
on: (1) Whether or not the collection of
information is necessary, including
whether or not the information will
have practical utility; (2) the accuracy of
our estimate of the burden for this
collection of information; (3) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(4) ways to minimize the burden of the
collection of information on
respondents. Please note that the
comments submitted in response to this
notice are a matter of public record.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made publicly available at any time.
While you can ask OMB in your
comment to withhold your personal
identifying information from public
review, we cannot guarantee that it will
be done.
Dated: November 26, 2012.
William Lellis,
Deputy Associate Director, Ecosystems
Mission Area.
[FR Doc. 2012–29151 Filed 12–3–12; 8:45 am]
BILLING CODE 4311–AM–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLMT921000–12–L13200000–EL0000–P;
MTM 103852]
Notice of Invitation—Coal Exploration
License Application MTM 103852, MT
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
Members of the public are
hereby invited to participate with
Ambre Energy on a pro rata cost sharing
basis in a program for the exploration of
coal deposits owned by the United
States of America in lands located in Big
Horn County, Montana, encompassing
9,474.45 acres.
DATES: Any party seeking to participate
in this exploration program must send
written notice to both the Bureau of
Land Management (BLM) and Ambre
Energy as provided in the ADDRESSES
section below no later than January 3,
2013 or 10 calendar days after the last
publication of this Notice in the
Sheridan Press newspaper, whichever is
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SUMMARY:
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17:31 Dec 03, 2012
Jkt 229001
later. This Notice will be published
once a week for 2 consecutive weeks in
the Sheridan Press, Sheridan, Wyoming.
Such written notice must refer to serial
number MTM 103852.
ADDRESSES: The proposed exploration
license and plan are available for review
from 9 a.m. to 4 p.m., Monday through
Friday, in the public room at the BLM
Montana State Office, 5001 Southgate
Drive, Billings, Montana.
A written notice to participate in the
exploration licenses should be sent to
the State Director, BLM Montana State
Office, 5001 Southgate Drive, Billings,
MT 59101 and Ambre Energy, 170
South Main Street, Suite 700, Salt Lake
City, UT 84101.
FOR FURTHER INFORMATION CONTACT:
Robert Giovanini by telephone at 406–
896–5084 or by email at
rgiovani@blm.gov; or Connie Schaff by
telephone at 406–896–5060 or by email
at cschaff@blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The
exploration activities will be performed
pursuant to the Mineral Leasing Act of
1920, as amended, 30 U.S.C. 201(b), and
to the regulations at 43 CFR part 3410.
The purpose of the exploration program
is to gain additional geologic knowledge
of the coal underlying the exploration
area for the purpose of assessing the
coal resources. The exploration program
is fully described and will be conducted
pursuant to an exploration license and
plan approved by the BLM. The
exploration plan may be modified to
accommodate the legitimate exploration
needs of persons seeking to participate.
The lands to be explored for coal
deposits in exploration license MTM
103852 are described as follows:
Principal Meridian, Montana
T. 8 S., R. 40 E.,
Sec.27, W1⁄2SW1⁄4 and SW1⁄4SE1⁄4SW1⁄4;
Sec.28, S1⁄2N1⁄2 and S1⁄2;
Sec.29, S1⁄2;
Sec.32, SW1⁄4;
Sec.34, W1⁄2NW1⁄4NE1⁄4, N1⁄2NE1⁄4NW1⁄4,
and SE1⁄4NE1⁄4NW1⁄4.
T. 9 S., R. 39 E.,
Sec.12, SW1⁄4SW1⁄4;
Sec.13, lots 1 thru 4, inclusive, W1⁄2E1⁄2,
and W1⁄2;
Sec.24, lots 1 thru 4, inclusive, W1⁄2E1⁄2,
and W1⁄2;
Sec.25, lots 1 thru 4, inclusive, W1⁄2E1⁄2,
and W1⁄2.
T. 9 S., R. 40 E.,
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
Sec.2, lots 1 and 2, S1⁄2NE1⁄4, SE1⁄4NW1⁄4,
E1⁄2SW1⁄4, and SE1⁄4;
Sec.4, lot 4, and SW1⁄4NW1⁄4;
Sec.5, lots 1 thru 4, inclusive, S1⁄2N1⁄2,
SW1⁄4, N1⁄2SE1⁄4, and SW1⁄4SE1⁄4;
Sec.7, SE1⁄4SE1⁄4;
Sec.8, NW1⁄4NE1⁄4, NW1⁄4SW1⁄4NE1⁄4,
NW1⁄4, NW1⁄4NE1⁄4SW1⁄4, NW1⁄4SW1⁄4,
and NW1⁄4SW1⁄4SW1⁄4;
Sec.11, N1⁄2NE1⁄4, and NE1⁄4NW1⁄4;
Sec.17, W1⁄2SW1⁄4;
Sec.18, lots 1 thru 4, inclusive, E1⁄2 and
E1⁄2W1⁄2;
Sec.19, lots 1 thru 3, inclusive, E1⁄2 and
E1⁄2W1⁄2;
Sec.20, W1⁄2SW1⁄4NE1⁄4, W1⁄2,
S1⁄2NE1⁄4SE1⁄4, NW1⁄4SE1⁄4, and S1⁄2SE1⁄4;
Sec.23, E1⁄2, E1⁄2NW1⁄4, SW1⁄4NW1⁄4, and
SW1⁄4;
Sec.24, All;
Sec.25, N1⁄2 and SW1⁄4;
Sec.26, All;
Sec.29, NE1⁄4, N1⁄2SW1⁄4, SW1⁄4SW1⁄4, and
N1⁄2SE1⁄4;
Sec.30, lots 2 thru 4, inclusive, E1⁄2SW1⁄4,
and SE1⁄4.
Containing 9,474.45 acres.
The Federal coal within the lands
described for exploration license MTM
103852 is currently unleased for
development of Federal coal reserves.
Phillip C. Perlewitz,
Chief, Branch of Solid Minerals.
[FR Doc. 2012–29224 Filed 12–3–12; 8:45 am]
BILLING CODE 4310–DN–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWO100000, L18200000.XX0000]
Notice of Availability of the BLM’s
Responses to Public Comments and of
the BLM’s Environmental Assessment
on the Proposed Order of the
Secretary on Oil, Gas, and Potash
Leasing and Development Within the
Designated Potash Area of Eddy and
Lea Counties, NM
Bureau of Land Management,
Interior.
ACTION: Notice of availability.
AGENCY:
Under the authority of the
Mineral Leasing Act, as amended, on
December 3, 2012 the Secretary of the
Interior issued Order 3324 (2012
Secretary’s Order) to address oil, gas,
and potash leasing and development
within the Designated Potash Area in
Eddy and Lea counties in New Mexico.
The 2012 Secretary’s Order supersedes
a previous Order issued in 1986 and
corrected in 1987 that addresses these
issues. In developing the 2012
Secretary’s Order, a draft Order was
released for a public comment period
that began on July 13, 2012 and ended
SUMMARY:
E:\FR\FM\04DEN1.SGM
04DEN1
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Notices
mstockstill on DSK4VPTVN1PROD with
on August 31, 2012, 77 FR 41442. This
Notice announces the availability of the
Bureau of Land Management’s (BLM)
responses to the comments that were
received during the comment period
and the availability of the
Environmental Assessment that was
prepared by the BLM in developing the
2012 Secretary’s Order.
DATES: Secretary’s Order 3324 was
published in the Federal Register on
December 4, 2012.
ADDRESSES: The comments that were
received, the comment responses, and
the Environmental Assessment are
available for review at the following
Web site: https://www.blm.gov/nm/st/en/
info/potash.html.
FOR FURTHER INFORMATION CONTACT:
Tony Herrell; telephone 505–954–2222;
301 Dinosaur Trail, Santa Fe, New
Mexico 87508; email: therrell@blm.gov.
SUPPLEMENTARY INFORMATION:
Background
An area near the town of Carlsbad in
southeastern New Mexico contains large
deposits of potash, oil, and gas. Oil and
gas have been produced from this area
since the early twentieth century. In
1925, potash (potassium-bearing salts
primarily used for fertilizer) was
discovered in this area and has been
mined since 1930.
The Secretary issued the first Potash
Order in 1939 (4 FR 1012, February 25,
1939). That Order withdrew
approximately 43,000 acres of public
land from oil and gas leasing to protect
potash deposits. In 1951, the Secretary
revoked the 1939 Order and issued a
new Order authorizing concurrent
development of oil and gas and potash
reserves within an area comprising
298,345 acres under reciprocal lease
stipulations to ensure that the
development of either mineral would
not interfere with development of the
other (16 FR 10669, October 18, 1951).
The Order was amended in 1965 (30 FR
6692, May 15, 1965), 1975 (40 FR 51486,
November 5, 1975), and 1986 (51 FR
39425, October 28, 1986). A correction
to the 1986 Order was issued in 1987
(52 FR 32171, August 26, 1987). The
potash area designated by the corrected
1986 Order comprises approximately
497,000 acres, and the 2012 Secretary’s
Order, published on December 4, 2012,
does not alter the boundaries of the area.
The potash deposits in this area occur
from 800 feet to over 2,000 feet beneath
the surface and are mined by both
conventional and solution mining
methods; conventional methods require
miners to be underground. The oil and
gas in the area is found in formations
below the potash-bearing formations, so
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17:31 Dec 03, 2012
Jkt 229001
oil and gas wells must extend through
potash formations. If potash mining
were to breach a well casing, or if a well
casing near a potash mine failed for
other reasons, gas could migrate into the
mine workings, thus endangering the
miners. Additionally, the potential for
such a breach could raise the costs of
potash mining due to the need to utilize
enhanced ventilation techniques and
specialized equipment needed to mine
in a gas-filled environment. Given these
safety risks, it has been a challenge to
produce potash and oil and gas at the
same time in the same area. This
challenge has led to a long history of
conflict between the potash and the oil
and gas industries.
This conflict has resulted in a great
deal of litigation regarding decisions
made by the BLM on a variety of potash
or oil and gas development applications.
Nevertheless, leading members of the
two industries have initiated efforts to
work together over the past 2 years. A
number of productive meetings and
discussions have occurred among many
of the parties involved in these previous
disputes. Additionally, there have been
significant advances in the technology
of oil and gas drilling that could be used
to reduce the conflict between such
drilling and the extraction of potash.
Further, the economic outlook for both
the oil and gas industry and the potash
industry has recently improved. The
BLM has also worked with Sandia
National Laboratories to investigate
well-logging technology, gas migration
in the potash formations, and standards
to use for estimating the mineability of
potash and potash cutoff grades. These
circumstances led to review of the 1986
Secretary’s Order.
The 2012 Secretary’s Order
The 2012 Secretary’s Order differs
from the 1986 Order as described below.
The 2012 Secretary’s Order authorizes
the BLM to establish ‘‘Development
Areas’’ where oil and gas wells can be
drilled from one or more ‘‘Drilling
Islands.’’ The Drilling Island concept
was first introduced in the 1975
Secretary’s Order. In most cases, a single
Drilling Island will be established for
each Development Area, but if
circumstances dictate, the BLM may
establish additional Drilling Islands.
Drilling Islands will be situated in such
a manner that extended reach horizontal
wells could access oil and gas within
the associated Development Area.
Unless there is a compelling reason for
not operating under a unitization or
communitization agreement, the 2012
Secretary’s Order envisions that the oil
and gas leases in a Development Area
will be unitized under the regulations
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
71823
found at 43 CFR subpart 3180 and
developed by a unit operator, or
operated under a communitization
agreement as authorized under 43 CFR
subpart 3105. These oil and gas
reservoir management tools should lead
to more orderly development of the oil
and gas resources in the Development
Area and minimize impacts to surface
resources due to a reduction in the
number of drill pads and associated
roads, power lines, and other ancillary
facilities. Moreover, the resulting
reduction in the number and spacing of
oil and gas drilling locations where
wells penetrate the potash formation is
expected to minimize impacts to potash
resources and enhance the safety of
underground potash miners.
The BLM envisions that a substantial
portion of the Designated Potash Area
will eventually be divided into
Development Areas designed to
minimize the impacts to potash mining
while allowing for the development of
oil and gas resources. The BLM expects
that the oil and gas in Development
Areas will largely be developed with
extended-reach horizontal wells using
the most current technology, consistent
with applicable laws and regulations.
The 2012 Secretary’s Order retains
several important features of the 1986
Order, including the boundaries of the
Designated Potash Area established in
the 1986 Order, as corrected in 1987.
The Secretary’s Order also retains
language of the 1986 Order for
stipulations for oil and gas leases and
potash leases issued, reinstated,
renewed, or readjusted in the
Designated Potash Area.
The formatting is modified to be
consistent with the Department of the
Interior’s (Department) style
requirements for Secretary’s Orders.
These requirements were changed in
1992 and are recorded in Section 012
DM 1 of the Departmental Manual.
Comments on the Draft Order
The BLM received 28 comment letters
during the comment period, including
41 distinct comments. These comments
and the BLM’s responses to them are
available for review at the following
Web site: https://www.blm.gov/nm/st/en/
info/potash.html.
Environmental Assessment
Pursuant to the National
Environmental Policy Act (NEPA), 42
U.S.C. 4321 et seq., and BLM’s
implementing regulations, the BLM
prepared an Environmental Assessment
(EA) in conjunction with the
development of the 2012 Secretary’s
Order. Based on the EA, a Finding of No
Significant Impact (FONSI) was made.
E:\FR\FM\04DEN1.SGM
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71824
Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Notices
The EA/FONSI is available for review at
the following Web site: https://www.blm.
gov/nm/st/en/info/potash.html.
Authority: 40 CFR 1506.6, 43 CFR 3164.1,
43 CFR 3590.2.
Mike Pool,
Bureau of Land Management.
[FR Doc. 2012–29389 Filed 12–3–12; 8:45 am]
BILLING CODE 4310–VC–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCA9300000;L14300000;EU0000;CAS
074589]
Notice of Intent To Prepare an
Amendment to the Redding Resource
Management Plan and an Associated
Environmental Assessment, CA
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
In compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), and the
Federal Land Policy and Management
Act of 1976, as amended (FLPMA), the
Bureau of Land Management (BLM),
Redding Field Office, Redding,
California, intends to prepare an
amendment to the 1993 Redding
Resource Management Plan (RMP) with
an associated Environmental
Assessment (EA) to analyze the sale of
the reversionary interest held by the
United States (U.S.) in 5 acres of land
previously conveyed out of Federal
ownership and by this notice is
announcing the beginning of the
scoping process to solicit public
comments and identify issues.
DATES: This notice initiates the public
scoping process for the RMP
amendment with associated EA.
Comments on issues may be submitted
in writing until January 3, 2013. In order
to be included in the analysis, all
comments must be received prior to the
close of the 30-day scoping period. We
will provide additional opportunities
for public participation as appropriate.
ADDRESSES: You may submit comments
on issues and planning criteria related
to the Redding RMP amendment and
associated EA by any of the following
methods:
• Email: iemry@blm.gov.
• Fax: 530–224–2172.
• Mail: Jennifer Mata, BLM Redding
Field Manager, 355 Hemsted Drive,
Redding, CA 96002.
Documents pertinent to this proposal
may be examined at the Redding Field
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SUMMARY:
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Jkt 229001
Office, 355 Hemsted Drive, Redding, CA
96002.
FOR FURTHER INFORMATION CONTACT: Ms.
Ilene Emry, Realty Specialist, BLM
Redding Field Office, telephone 530–
224–2122; address 355 Hemsted Drive,
Redding California 96002; email
iemry@blm.gov. You may also request to
have your name added to our mailing
list. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The BLM
Redding Field Office, Redding,
California is providing notice that it
intends to prepare an RMP amendment
with an associated EA for the 1993
Redding RMP; announces the beginning
of the scoping process; and seeks public
input on issues and planning criteria.
The planning area is located in Butte
County, California, and encompasses
the reversionary interest held by the
U.S. in 5 acres of land previously
conveyed out of Federal ownership. The
BLM has received a request from the
Forbestown Lodge No. 50, Free and
Accepted Masons, to purchase the
reversionary held by the U.S., in the
following described land:
Mount Diablo Meridian
T. 19 N., R. 6 E.,
Sec. 10, lot 27.
The area described aggregates 5.00 acres,
more or less, in Butte County, California.
The land described above was
conveyed in 1971 to the Forbestown
Lodge No. 50, Free and Accepted
Masons, a California non-profit
association, under the authority of the
Recreation and Public Purposes Act of
June 14, 1926 (R&PP), for use as a public
recreation site and meeting hall for the
Lodge and public. The land is
surrounded by private land, and is not
contiguous to any other public land.
When public land is conveyed under
the authority of the R&PP, the U.S.
retains a reversionary interest in the
land which could result in title to the
land reverting to the U.S. if the land is
not used for the purposes for which it
was conveyed or if the land is sold or
transferred without the BLM’s approval.
The BLM is responsible for monitoring
these reversionary interests in
perpetuity to ensure the lands are used
for the purposes for which they were
conveyed. The reversionary interest in
the land described above was not
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
specifically identified for sale in the
1993 Redding RMP, as amended, and a
plan amendment is required to process
a direct sale. The purpose of the public
scoping process is to determine relevant
issues that will influence the scope of
the environmental analysis, including
alternatives, and will guide the planning
process. The BLM anticipates that the
EA will consider both a plan
amendment and the subsequent sale of
the land and has identified local land
uses and input from local governments
as the primary preliminary issue of
concern. The BLM anticipates that the
EA will include, at a minimum, input
from the disciplines of land use
planning, biology and archaeology. This
plan amendment will be limited to an
analysis of whether the reversionary
interest in the land described above
meets the criteria for sale under Section
203 of the FLPMA, which are the
planning criteria for this amendment.
You may submit comments on issues
and planning criteria in writing to the
BLM using one of the methods listed in
the ‘‘ADDRESSES’’ section above. To be
most helpful, you should submit
comments by the close of the 30-day
scoping period.
The BLM will use the NEPA public
participation requirements to assist the
agency in satisfying the public
involvement requirements under
Section 106 of the National Historic
Preservation Act (NHPA) (16 U.S.C.
470(f)) pursuant to 36 CFR 800.2(d)(3).
The information about historic and
cultural resources within the area
potentially affected by the proposed
action will assist the BLM in identifying
and evaluating impacts to such
resources in the context of both the
NEPA and Section 106 of the NHPA.
The BLM will consult with Indian
tribes on a government-to-government
basis in accordance with Executive
Order 13175 and other policies. Tribal
concerns, including impacts on Indian
trust assets and potential impacts to
cultural resources, will be given due
consideration. Federal, State, and local
agencies, along with tribes and other
stakeholders that may be interested in or
affected by the proposed action that the
BLM is evaluating, are invited to
participate in the scoping process and,
if eligible, may request, or be requested
by the BLM, to participate in the
development of the environmental
analysis as a cooperating agency.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
E:\FR\FM\04DEN1.SGM
04DEN1
]]>Agencies
[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Notices]
[Pages 71822-71824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29389]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWO100000, L18200000.XX0000]
Notice of Availability of the BLM's Responses to Public Comments
and of the BLM's Environmental Assessment on the Proposed Order of the
Secretary on Oil, Gas, and Potash Leasing and Development Within the
Designated Potash Area of Eddy and Lea Counties, NM
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: Under the authority of the Mineral Leasing Act, as amended, on
December 3, 2012 the Secretary of the Interior issued Order 3324 (2012
Secretary's Order) to address oil, gas, and potash leasing and
development within the Designated Potash Area in Eddy and Lea counties
in New Mexico. The 2012 Secretary's Order supersedes a previous Order
issued in 1986 and corrected in 1987 that addresses these issues. In
developing the 2012 Secretary's Order, a draft Order was released for a
public comment period that began on July 13, 2012 and ended
[[Page 71823]]
on August 31, 2012, 77 FR 41442. This Notice announces the availability
of the Bureau of Land Management's (BLM) responses to the comments that
were received during the comment period and the availability of the
Environmental Assessment that was prepared by the BLM in developing the
2012 Secretary's Order.
DATES: Secretary's Order 3324 was published in the Federal Register on
December 4, 2012.
ADDRESSES: The comments that were received, the comment responses, and
the Environmental Assessment are available for review at the following
Web site: https://www.blm.gov/nm/st/en/info/potash.html.
FOR FURTHER INFORMATION CONTACT: Tony Herrell; telephone 505-954-2222;
301 Dinosaur Trail, Santa Fe, New Mexico 87508; email:
therrell@blm.gov.
SUPPLEMENTARY INFORMATION:
Background
An area near the town of Carlsbad in southeastern New Mexico
contains large deposits of potash, oil, and gas. Oil and gas have been
produced from this area since the early twentieth century. In 1925,
potash (potassium-bearing salts primarily used for fertilizer) was
discovered in this area and has been mined since 1930.
The Secretary issued the first Potash Order in 1939 (4 FR 1012,
February 25, 1939). That Order withdrew approximately 43,000 acres of
public land from oil and gas leasing to protect potash deposits. In
1951, the Secretary revoked the 1939 Order and issued a new Order
authorizing concurrent development of oil and gas and potash reserves
within an area comprising 298,345 acres under reciprocal lease
stipulations to ensure that the development of either mineral would not
interfere with development of the other (16 FR 10669, October 18,
1951). The Order was amended in 1965 (30 FR 6692, May 15, 1965), 1975
(40 FR 51486, November 5, 1975), and 1986 (51 FR 39425, October 28,
1986). A correction to the 1986 Order was issued in 1987 (52 FR 32171,
August 26, 1987). The potash area designated by the corrected 1986
Order comprises approximately 497,000 acres, and the 2012 Secretary's
Order, published on December 4, 2012, does not alter the boundaries of
the area.
The potash deposits in this area occur from 800 feet to over 2,000
feet beneath the surface and are mined by both conventional and
solution mining methods; conventional methods require miners to be
underground. The oil and gas in the area is found in formations below
the potash-bearing formations, so oil and gas wells must extend through
potash formations. If potash mining were to breach a well casing, or if
a well casing near a potash mine failed for other reasons, gas could
migrate into the mine workings, thus endangering the miners.
Additionally, the potential for such a breach could raise the costs of
potash mining due to the need to utilize enhanced ventilation
techniques and specialized equipment needed to mine in a gas-filled
environment. Given these safety risks, it has been a challenge to
produce potash and oil and gas at the same time in the same area. This
challenge has led to a long history of conflict between the potash and
the oil and gas industries.
This conflict has resulted in a great deal of litigation regarding
decisions made by the BLM on a variety of potash or oil and gas
development applications. Nevertheless, leading members of the two
industries have initiated efforts to work together over the past 2
years. A number of productive meetings and discussions have occurred
among many of the parties involved in these previous disputes.
Additionally, there have been significant advances in the technology of
oil and gas drilling that could be used to reduce the conflict between
such drilling and the extraction of potash. Further, the economic
outlook for both the oil and gas industry and the potash industry has
recently improved. The BLM has also worked with Sandia National
Laboratories to investigate well-logging technology, gas migration in
the potash formations, and standards to use for estimating the
mineability of potash and potash cutoff grades. These circumstances led
to review of the 1986 Secretary's Order.
The 2012 Secretary's Order
The 2012 Secretary's Order differs from the 1986 Order as described
below.
The 2012 Secretary's Order authorizes the BLM to establish
``Development Areas'' where oil and gas wells can be drilled from one
or more ``Drilling Islands.'' The Drilling Island concept was first
introduced in the 1975 Secretary's Order. In most cases, a single
Drilling Island will be established for each Development Area, but if
circumstances dictate, the BLM may establish additional Drilling
Islands. Drilling Islands will be situated in such a manner that
extended reach horizontal wells could access oil and gas within the
associated Development Area. Unless there is a compelling reason for
not operating under a unitization or communitization agreement, the
2012 Secretary's Order envisions that the oil and gas leases in a
Development Area will be unitized under the regulations found at 43 CFR
subpart 3180 and developed by a unit operator, or operated under a
communitization agreement as authorized under 43 CFR subpart 3105.
These oil and gas reservoir management tools should lead to more
orderly development of the oil and gas resources in the Development
Area and minimize impacts to surface resources due to a reduction in
the number of drill pads and associated roads, power lines, and other
ancillary facilities. Moreover, the resulting reduction in the number
and spacing of oil and gas drilling locations where wells penetrate the
potash formation is expected to minimize impacts to potash resources
and enhance the safety of underground potash miners.
The BLM envisions that a substantial portion of the Designated
Potash Area will eventually be divided into Development Areas designed
to minimize the impacts to potash mining while allowing for the
development of oil and gas resources. The BLM expects that the oil and
gas in Development Areas will largely be developed with extended-reach
horizontal wells using the most current technology, consistent with
applicable laws and regulations.
The 2012 Secretary's Order retains several important features of
the 1986 Order, including the boundaries of the Designated Potash Area
established in the 1986 Order, as corrected in 1987. The Secretary's
Order also retains language of the 1986 Order for stipulations for oil
and gas leases and potash leases issued, reinstated, renewed, or
readjusted in the Designated Potash Area.
The formatting is modified to be consistent with the Department of
the Interior's (Department) style requirements for Secretary's Orders.
These requirements were changed in 1992 and are recorded in Section 012
DM 1 of the Departmental Manual.
Comments on the Draft Order
The BLM received 28 comment letters during the comment period,
including 41 distinct comments. These comments and the BLM's responses
to them are available for review at the following Web site: https://www.blm.gov/nm/st/en/info/potash.html.
Environmental Assessment
Pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C.
4321 et seq., and BLM's implementing regulations, the BLM prepared an
Environmental Assessment (EA) in conjunction with the development of
the 2012 Secretary's Order. Based on the EA, a Finding of No
Significant Impact (FONSI) was made.
[[Page 71824]]
The EA/FONSI is available for review at the following Web site: https://www.blm.gov/nm/st/en/info/potash.html.
Authority: 40 CFR 1506.6, 43 CFR 3164.1, 43 CFR 3590.2.
Mike Pool,
Bureau of Land Management.
[FR Doc. 2012-29389 Filed 12-3-12; 8:45 am]
BILLING CODE 4310-VC-P
