Oil, Gas, and Potash Leasing and Development Within the Designated Potash Area of Eddy and Lea Counties, NM, 71814-71818 [2012-29393]

Download as PDF 71814 Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Notices Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–3886. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated November 20, 2012, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Act’’), as follows: I have determined that the damage in certain areas of the State of Maryland resulting from Hurricane Sandy during the period of October 26 to November 4, 2012, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Act’’). Therefore, I declare that such a major disaster exists in the State of Maryland. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Public Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance is supplemental, any Federal funds provided under the Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act. mstockstill on DSK4VPTVN1PROD with The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Michael J. Lapinski, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster. The following areas of the State of Maryland have been designated as adversely affected by this major disaster: Allegany, Calvert, Caroline, Charles, Dorchester, Frederick, Garrett, Harford, Howard, Kent, Queen Anne’s, Somerset, St. Mary’s, Talbot, Washington, Wicomico, and Worcester Counties and the Independent City of Baltimore for Public Assistance. All counties and the Independent City of Baltimore within the State of Maryland are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— VerDate Mar<15>2010 17:31 Dec 03, 2012 Jkt 229001 Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2012–29194 Filed 12–3–12; 8:45 am] BILLING CODE 9111–23–P DEPARTMENT OF THE INTERIOR Office of the Secretary [LLWO100000, L18200000.XX0000] Oil, Gas, and Potash Leasing and Development Within the Designated Potash Area of Eddy and Lea Counties, NM Department of the Interior. Notice of Secretary’s Order AGENCY: ACTION: 3324. Secretary’s Order 3324 revises and supersedes the Order of the Secretary of the Interior, dated October 28, 1986 (51 FR 39425), and corrected on August 26, 1987 (52 FR 32171), and provides procedures and guidelines for more orderly co-development of oil and gas and potash deposits owned by the United States within the Designated Potash Area through safe, concurrent operations. SUMMARY: DATES: Effective Date: December 3, 2012. FOR FURTHER INFORMATION CONTACT: Tony Herrell; telephone 505–954–2222; 301 Dinosaur Trail, Santa Fe, New Mexico 87508; email: therrell@blm.gov. SUPPLEMENTARY INFORMATION: Secretary’s Order 3324 reads as follows: Order No. 3324 Sec. 1 Purpose and Effect. This Order revises and supersedes the Order of the Secretary of the Interior, dated October 28, 1986 (51 FR 39425), and corrected on August 26, 1987 (52 FR 32171), and provides procedures and guidelines for more orderly codevelopment of oil and gas and potash deposits owned by the United States within the Designated Potash Area through safe, concurrent operations. Sec. 2 Authority. This Order is issued in accordance with the authority vested in the Secretary of the Interior in the Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 et seq.); the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351–359); the Federal Land Policy and Management Act of 1976, as PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 amended (43 U.S.C. 1701 et seq.), and regulations and onshore orders implementing these statutes. Sec. 3 Order Revised and Superseded. The Order of the Secretary of the Interior dated October 28, 1986 (51 FR 39425), and corrected on August 26, 1987 (52 FR 32171), is hereby superseded by this revised Order. The following provisions will apply to concurrent operations in prospecting for, developing, and producing oil and gas and potash deposits owned by the United States within the Designated Potash Area. Sec. 4 Definitions. a. Authorized Officer. Any employee of the Bureau of Land Management (BLM) authorized to perform duties described in 43 CFR parts 3000, 3100, and 3500, as delegated in the BLM Manual. b. Barren Area. An area established by the BLM within the Designated Potash Area for which sufficient data is available to establish a lack of potash mineralization in sufficient thickness and quality to be mineable under existing technology and economics. c. Buffer Zone. Areas established by the BLM within the Designated Potash Area: (1) Extending outward a certain distance from the perimeter of existing underground open mine workings within which oil or gas operations are generally not allowed due to a BLM determination that oil or gas drilling could constitute a hazard to or interfere with orderly potash mining operations, or (2) Extending outward a certain distance from operating oil or gas well(s) or established Drilling Islands within which potash operations are generally not allowed due to a BLM determination that potash mining or exploration operations could constitute a hazard to or interfere with orderly oil or gas operations. d. Co-development. The concurrent development of oil and gas and potash resources within the Designated Potash Area. Co-development is a cooperative effort between industries under the guidelines of this order, as regulated by the BLM, to support production of potash and oil and gas from the lands within the Designated Potash Area. e. Designated Potash Area. The land area described in Section 8 of this Order. f. Development Area. An area established by the BLM within the Designated Potash Area in consideration of appropriate oil and gas technology such that wells can be drilled from a Drilling Island capable of effectively extracting oil and gas resources while E:\FR\FM\04DEN1.SGM 04DEN1 mstockstill on DSK4VPTVN1PROD with Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Notices managing the impact on potash resources. Each Development Area will typically have only one Drilling Island, subject to narrow exceptions based on specific facts and circumstances. All new oil and gas wells that penetrate the potash formations within a Development Area will be drilled from the Drilling Island(s) associated with that Development Area. The boundaries of each Development Area will be determined in conformity with Section 6.e.(2). g. Drilling Island. An area established by the BLM, usually associated with and within a Development Area, from which all new drilling of vertical, directional, or horizontal wells that newly penetrate the potash formations can be performed in order to support the development of oil and gas resources. The size and shape of a Drilling Island defines the area where wellbore penetrations of the potash formations will be allowed; this area is to be as small as practical to allow effective oil and gas development while managing impacts on potash. h. Indicated Resources. Potash resources from which tonnage, grade, and mineral content are computed partly from specific measurements and samples, and partly from projection of geologic evidence. Indicated Resources are estimated at a lower level of confidence than Measured Reserves. i. Inferred Resources. Potash resources which are probable, considering reasonably correlated data from lithologic descriptions and well logs, but for which tonnage and grade cannot be computed due to the absence of specific data. j. Joint Industry Technical Committee. A committee established by, and subject to the management and control of, the potash mining industry and the oil and gas industry whose role is to study how concurrent development of potash and oil and gas can be safely performed in proximity to each other. While the committee may provide input to the BLM on such matters as indicated herein or otherwise at its discretion, it will not be subject to the BLM’s management or control. k. Measured Reserves (also known as ‘‘Potash Enclave’’). Areas within the Designated Potash Area where potash is known to exist in sufficient thickness and quality to be mineable under existing technology and economics. l. Potash. Potassium and associated minerals as specified in the Act of February 27, 1927 (30 U.S.C. 281–287). m. Unknown Area. An area within the Designated Potash Area where there is an absence of data for the BLM to classify the mineralization as Measured VerDate Mar<15>2010 17:31 Dec 03, 2012 Jkt 229001 Reserves, Indicated Resources, Inferred Resources, or Barren Area. Sec. 5 Status of Lands. This Order will not affect the current status of lands with respect to their being withdrawn from or open to entry or leasing. Sec. 6 General Provisions. a. Issuance of Oil and Gas Leases. The Department of the Interior reaffirms its policy that the lease stipulations contained in the Order of the Secretary of the Interior dated October 28, 1986, and corrected on August 26, 1987 (52 FR 32171), are necessary to protect the rights of the oil and gas and potash lessees and operators. Therefore, each successful applicant for a noncompetitive oil and gas lease, and any party awarded a competitive lease, for lands included in the Designated Potash Area, is required, as a condition to the issuance of such lease, to execute a stipulation to the lease as follows: (1) Drilling for oil and gas shall be permitted only in the event that the lessee establishes to the satisfaction of the Authorized Officer, BLM, that such drilling will not interfere with the mining and recovery of potash deposits, or the interest of the United States will best be served by permitting such drilling. (2) No wells shall be drilled for oil or gas at a location which, in the opinion of the Authorized Officer, would result in undue waste of potash deposits or constitute a hazard to or unduly interfere with mining operations being conducted for the extraction of potash deposits. (3) When the Authorized Officer determines that unitization is necessary for orderly oil and gas development and proper protection of potash deposits, no well shall be drilled for oil or gas except pursuant to a unit plan approved by the Authorized Officer. (4) The drilling or the abandonment of any well on said lease shall be done in accordance with applicable oil and gas operating regulations (43 CFR 3160), including such requirements as the Authorized Officer may prescribe as necessary to prevent the infiltration of oil, gas, or water into formations containing potash deposits or into mines or workings being utilized in the extraction of such deposits. In addition, the Authorized Officer will include a lease provision which states that drilling for and production of oil and gas will be subject to the terms of this Order, any subsequent revisions, and the orders of the Authorized Officer thereunder. b. Reinstatement or Renewal of Oil and Gas Leases. As a condition to the granting of any discretionary reinstatement or renewal of any existing PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 71815 lease that includes lands in the Designated Potash Area, the BLM will impose stipulations identical to those specified in Section 6.a. c. Potash Leases. (1) All potash permits, licenses, and leases hereafter issued or existing potash leases hereafter readjusted for Federal lands within the Designated Potash Area, must be subject to a requirement, either to be included in the lease, license, or permit or imposed as a stipulation, that no mining or exploration operations may be conducted that, in the opinion of the Authorized Officer, will constitute a hazard to oil or gas production, or that will unreasonably interfere with orderly development and production under any oil and gas lease issued for the same lands. (2) BLM will continue to include applicable due diligence stipulations in all potash leases issued or readjusted after the date of this Order. (3) Before being allowed to participate in a competitive lease sale, all bidders must certify in writing that they have an identifiable, substantial, and genuine interest in developing the potash resources and that they intend to develop the potash resources in accordance with the applicable diligence stipulations. (4) In addition, the Authorized Officer will include a lease provision providing that potash mining operations will be subject to the terms of this Order, any subsequent revisions, and the orders of the Authorized Officer thereunder. d. Delineation of Resource Areas. Each potash lessee must file annually by March 1, with the Authorized Officer, data and a map(s) on which has been delineated the following information with respect to the Federal, state, and private potash leases which the lessee then holds; and lands on which exploration activities have been conducted. (1) Those areas where active mining operations are currently in progress in one or more ore zones; (2) Those areas where operations have been completed in one or more ore zones; (3) Those areas that are not presently being mined which are considered to contain Measured Reserves in one or more ore zones; (4) Those areas that are not presently being mined which are considered to contain Indicated Resources in one or more ore zones; (5) Those areas that are not presently being mined which are considered to contain Inferred Resources in one or more ore zones; E:\FR\FM\04DEN1.SGM 04DEN1 mstockstill on DSK4VPTVN1PROD with 71816 Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Notices (6) Those areas that are considered to be Barren Areas; (7) Those areas that are Unknown Areas; and (8) Those areas that are planned to be mined as per a three-year mine plan. (9) The Authorized Officer will annually review the information submitted under this requirement and make any revisions to the boundaries of Measured Reserves, Indicated Resources, Inferred Resources, Barren Areas, and Unknown Areas. Upon verification, the Authorized Officer will commit the initial findings to a map(s) of suitable scale and will thereafter revise that map(s) as necessary to reflect the latest available information. e. Oil and Gas Drilling. (1) Drilling within the Designated Potash Area. It is the intent of the Department of the Interior to administer oil and gas operations throughout the Designated Potash Area in a manner which promotes safe, orderly codevelopment of oil and gas and potash resources. It is the policy of the Department of the Interior to deny approval of most applications for permits to drill oil and gas wells from surface locations within the Designated Potash Area. Three exceptions to this policy will be permitted if the drilling will occur under the following conditions from: (a) A Drilling Island associated with a Development Area established under this Order or a Drilling Island established under a prior Order; (b) A Barren Area and the Authorized Officer determines that such operations will not adversely affect active or planned potash mining operations in the immediate vicinity of the proposed drill-site; or (c) A Drilling Island, not covered by (a) above, or single well site established under this Order by the approval and in the sole discretion of the Authorized Officer, provided that such site was jointly recommended to the Authorized Officer by the oil and gas lessee(s) and the nearest potash lessee(s). (2) Development Areas. (a) When processing an application for permit to drill (APD) an oil or gas well in the Designated Potash Area that complies with regulatory requirements, the Authorized Officer will determine whether to establish a Development Area in connection with the application, and if so, will determine the boundaries of the Development Area and the location within the Development Area of one or more Drilling Islands from which drilling will be permitted. The BLM may also designate a Development Area outside of the APD process based on information in its possession, and VerDate Mar<15>2010 17:31 Dec 03, 2012 Jkt 229001 may modify the boundaries of a Development Area. Existing wells may be included within the boundaries of a Development Area. A Development Area may include Federal oil and gas leases and other Federal and nonFederal lands. (b) After designating or modifying a Development Area, the BLM will issue a Notice to Lessees, consistent with its authorities under 43 CFR subpart 3105 and part 3180, informing lessees that future drilling on lands under an oil and gas lease within that Development Area will: (i) Occur, under most circumstances, from a Barren Area or a Drilling Island within the Development Area; and (ii) Be managed under a unit or communitization agreement, generally by a single operator, consistent with BLM regulations and this Order. Unit and communitization agreements will be negotiated among lessees. The BLM will consider whether a specific plan of development is necessary or advisable for a particular Drilling Island. (c) The Authorized Officer reserves the right to approve an operator or successor operator of a Development Area and/or a Drilling Island, if applicable, to ensure that the operator has the resources to operate and extract the oil and gas resources consistent with the requirements of this Order and all applicable laws and regulations, and has provided financial assurance in the amount required by the Authorized Officer. (d) The Authorized Officer will determine the appropriate designation of a Development Area in terms of location, shape, and size. In most cases, a single Drilling Island will be established for each Development Area. In establishing the location, shape, and size of a Development Area and an associated Drilling Island, the Authorized Officer will consider: (i) The appropriate location, shape, and size of a Development Area and associated Drilling Island to allow effective extraction of oil and gas resources while managing the impact on potash resources; (ii) The application of available oil and gas drilling and production technology in the Permian Basin; (iii) The applicable geology of the Designated Potash Area and optimal locations to minimize loss of potash ore while considering co-development of both resources; (iv) Any long term exploration and/or mining plans provided by the potash industry; (v) Whether a Barren Area may be the most appropriate area for a Drilling Island; PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 (vi) The requirements of this Order; and (vii) Any other relevant factors. (e) As the Authorized Officer establishes a Development Area, the Authorized Officer will more strictly apply the factors listed in Section 6.e.(2)(d), especially the appropriate application of the available oil and gas drilling and production technology in the Permian Basin, when closer to current traditional (non-solution) potash mining operations. Greater flexibility in the application of the factors listed in Section 6.e.(2)(d) will be applied further from current and near-term traditional (non-solution) potash mining operations. No Drilling Islands will be established within one mile of any area where approved potash mining operations will be conducted within 3 years consistent with the 3-year mine plan referenced above (Section 6.d.(8)) without the consent of the affected potash lessee(s). (f) The Authorized Officer may establish a Development Area associated with a well or wells drilled from a Barren Area as appropriate and necessary. (g) As part of the consideration for establishing Development Areas and Drilling Islands, the BLM will consider input from the potash lessees and the oil and gas lessees or mineral right owners who would be potentially subject to a unitization agreement supporting the Development Area, provided that the input is given timely. (3) Buffer Zones. Buffer Zones of 1⁄4 mile for oil wells and 1⁄2 mile for gas wells are hereby established. These Buffer Zones will stay in effect until such time as revised distances are adopted by the BLM Director or other BLM official, as delegated. However, the Authorized Officer may adjust the Buffer Zones in an individual case, when the facts and circumstances demonstrate that such adjustment would enhance conservation and would not compromise safety. The Director will base revised Buffer Zones on science, engineering, and new technology and will consider comments and reports from the Joint Industry Technical Committee and other interested parties in adopting any revisions. (4) Unitization and Communitization. To more properly conserve the potash and oil and gas resources in the Designated Potash Area and to adequately protect the rights of all parties in interest, including the United States, it is the policy of the Department of the Interior that all Federal oil and gas leases within a Development Area should be unitized or subject to an E:\FR\FM\04DEN1.SGM 04DEN1 mstockstill on DSK4VPTVN1PROD with Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Notices approved communitization agreement unless there is a compelling reason for another operating system. The Authorized Officer will make full use of his/her authorities wherever necessary or advisable to require unitization and/ or communitization pursuant to the regulations in 43 CFR subparts 3105 and 3180. The Authorized Officer will use his/her discretion to the fullest extent possible to assure that any communitization agreement and any unit plan of operations hereafter approved or prescribed within the Designated Potash Area will adhere to the provisions of this Order. The Authorized Officer will work with Federal lessees, and with the State of New Mexico as provided below, to include non-Federal mineral rights owners in unit or communitization agreements to the extent possible. (5) Coordination with the State of New Mexico. (a) If the effective operation of any Development Area requires that the New Mexico Oil Conservation Division (NMOCD) revise the state’s mandatory well spacing requirements, the BLM will participate as needed in such a process. The BLM may adopt the NMOCD spacing requirements and require lessees to enter into communitization agreements based on those requirements. (b) The BLM will cooperate with the NMOCD in the implementation of that agency’s rules and regulations. (c) In taking any action under Section 6.e. of this Order, the Authorized Officer will take into consideration the applicable rules and regulations of the NMOCD. (6) Approvals of Exploration on Existing Potash Leases and Potash Exploration Licenses. (a) Exploration for potash on lands leased for potash is permitted only with approval by the BLM, in consultation and coordination with the potash lessee, of an exploration plan in accordance with 43 CFR subpart 3592 and subject to the terms and conditions of the potash lease. (b) An oil and gas or potash operator may apply for an exploration license to drill core holes necessary to define the absence or existence and extent of mineable potash reserves in areas within the Designated Potash Area. Exploration licenses allow the exploration of known, unleased mineral deposits to obtain geologic, environmental, and other pertinent data concerning the deposit. See 43 CFR subpart 3506. These licenses can be obtained from the Carlsbad Field Office, BLM. Costs for such exploration may be VerDate Mar<15>2010 17:31 Dec 03, 2012 Jkt 229001 shared consistent with the provisions of 43 CFR 3506.14, if applicable. (c) Should an oil and gas or potash operator desire to attempt to gather sufficient data for the BLM to establish a Barren Area in any part of the Designated Potash Area not defined as Barren, provisions and protocols are included in this Order for the operator to review relevant data in the area to design a core acquisition program (see Section 6.e.(8)(b) and (c) of this Order) and to obtain access to the land to acquire core data (see Section 6.e.(6)(b)). The BLM will develop and employ, as appropriate, data management protocols to protect the appropriate use of the data in its records. The BLM will use such newly acquired data to determine the resulting potash ore quality and make any changes to potash reserves and resources maps indicated by the new data. (7) Notice to Affected Parties. An applicant for an Application for Permit to Drill (APD), or a proponent of a plan of development for a unit or communitization area or a proposal for a Development Area or a Drilling Island, will provide notice of the application, plan, or proposal to the potash lessees and potash operators in the Designated Potash Area and to the owners of the oil and gas rights and surface owners affected by such application, plan, or proposal. A list of current potash lessees and potash operators will be available and maintained by the Carlsbad Field Office, BLM. The BLM will assist to the extent possible in identifying the oil and gas and surface owners affected by the application, plan, or proposal. This notice should be prior to or concurrent with the submission of the application, plan, or proposal to the BLM. The BLM will not authorize any action prior to this notice. (8) Access to Maps and Surveys. (a) Well records and survey plats that an oil and gas lessee is required to file pursuant to applicable operating regulations (43 CFR subpart 3160) will be available for inspection at the Carlsbad Field Office, BLM, by any party holding a potash permit or lease on the lands on which the well is situated insofar as such records are pertinent to the mining and protection of potash deposits. (b) Maps of mine workings and surface installations and records of core analyses that a potash lessee is required to file pursuant to applicable operating regulations (43 CFR 3590) will be available for inspection at the Carlsbad Field Office, BLM. These records are available for viewing by any party holding an oil and gas lease on the same lands insofar as such records are PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 71817 pertinent to the development and protection of oil and gas deposits. (c) In order for an oil and gas or potash operator to establish and design a core acquisition program for the purposes of proving a Barren Area, those records of core analyses in the area of the planned program that are necessary to design that program should be provided in a timely fashion by the BLM to the operator of the planned program to the extent allowed by law, subject to data management protocols as referenced in Section 6.e.(6)(c), and consistent with 43 CFR part 2 and Sections 3503.41–.43. The BLM will use all data available to it when delineating Barren Areas. (d) Maps of potash reserves and resources prepared under the provisions of Section 6.d. will be available for inspection in the Carlsbad Field Office, BLM. Digital copies of these maps will be available by mail or at these offices by May 1 of each year. Maps of established Development Areas will be updated as new Development Areas are established. Maps of Development Areas will be provided in a timely fashion by the BLM upon request. Sec. 7 Regulatory and Administrative Matters. a. This Order applies to the exercise of all existing leases in the Designated Potash Area in conformity with lease stipulations and Federal law. b. Except to the extent otherwise provided by this Order, the regulations contained in 43 CFR part 3100 and subparts 3160 and 3180 (governing the leasing and development of oil and gas) and 43 CFR part 3500 and subpart 3590 (governing the leasing and development of potash deposits), remain applicable to the lands covered by this Order. c. In implementing this Order, the BLM is authorized to exercise its discretion through any and all appropriate means, including rulemaking, notices to lessees, and orders of the Authorized Officer. d. The BLM will obtain and use the best science available when administering this Order consistent with Departmental Manual chapters 305 DM 2 and 305 DM 3. The BLM will comply with the requirements of Secretary’s Order 3305, Ensuring Scientific Integrity within the Department of the Interior, dated, September 29, 2010. The BLM has previously used Sandia National Laboratories to provide unbiased technical assistance in administering the Designated Potash Area and may continue to do so, if the BLM, consistent with all applicable laws, so chooses. e. The BLM will develop guidelines consistent with this Order for establishing Development Areas and E:\FR\FM\04DEN1.SGM 04DEN1 71818 Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Notices mstockstill on DSK4VPTVN1PROD with New Mexico Principal Meridian T. 22 S., R. 28 E., Secs. 25 and 36. T. 23 S., R. 28 E., Sec. 1. T. 19 S., R. 29 E., Secs. 1 and 2; Secs 11 to 15, inclusive; Secs. 22 to 27, inclusive; Secs. 35 and 36. T. 20 S., R. 29 E., Secs. 1 and 2; Secs. 11 to 15, inclusive; Secs. 22 to 27, inclusive; Secs. 34 to 36, inclusive. T. 21 S., R. 29 E., Secs. 1 to 5, inclusive; Secs. 10 to 15, inclusive; Secs. 22 to 27, inclusive; Secs. 34 to 36, inclusive. T. 22 S., R. 29 E., Secs. 1 to 5, inclusive; Secs. 8 to 17, inclusive; Secs. 19 to 36, inclusive. T. 23 S., R. 29 E., Secs. 1 to 17, inclusive; Secs. 21 to 28, inclusive; Secs. 33 to 36, inclusive. T. 24 S., R. 29 E., Secs. 1 to 4, inclusive. T. 18 S., R. 30 E., Secs. 8 to 17, inclusive; Secs. 20 to 29, inclusive; Secs. 32 to 36, inclusive. T. 19 S., R. 30 E. T. 20 S., R. 30 E. T. 21 S., R. 30 E. T. 22 S., R. 30 E. T. 23 S., R. 30 E. T. 24 S., R. 30 E., Secs. 1 to 18, inclusive. T. 19 S., R. 31 E., Secs. 7 and 18; Secs. 31 to 36, inclusive. T. 20 S., R. 31 E. T. 21 S., R. 31 E. T. 22 S., R. 31 E. T. 23 S., R. 31 E. T. 24 S., R. 31 E., Secs. 1 to 18, inclusive; Secs. 35 and 36. T. 25 S., R. 31 E., Secs. 1 and 2. T. 19 S., R. 32 E., Secs. 25 to 28, inclusive; Secs. 31 to 36, inclusive. T. 20 S., R. 32 E. T. 21 S., R. 32 E. T. 22 S., R. 32 E., Secs. 1 to 12, inclusive. T. 19 S., R. 33 E., Secs. 21 to 36, inclusive. T. 20 S., R. 33 E. VerDate Mar<15>2010 17:31 Dec 03, 2012 Jkt 229001 T. 21 S., R. 33 E. T. 22 S., R. 33 E., Secs. 1 to 12, inclusive. T. 19 S., R. 34 E., Secs. 19 and 20; Secs. 29 to 32, inclusive. T. 20 S., R. 34 E., Secs. 3 to 10, inclusive; Secs. 15 to 36, inclusive. T. 21 S., R. 34 E., Secs. 5 to 8, inclusive; Secs. 17 to 20, inclusive; Secs. 29 to 32, inclusive. T. 22 S., R. 34 E., Sec. 6. The area described, including public and non-public lands, aggregates 497,002.03 acres, more or less. FOR FURTHER INFORMATION CONTACT: Sec. 9 Administrative Provisions. The Director, BLM, is authorized to delegate responsibilities herein as is determined appropriate. This Order will remain in effect until superseded, replaced, or incorporated into the Departmental Manual. Drilling Islands. In developing such guidelines, the BLM may consider comments and reports from the Joint Industry Technical Committee and other interested parties. f. The BLM will develop appropriate time-frame guidelines and requirements, as appropriate, to enable timely actions pursuant to this Order. Sec. 8 The Designated Potash Area Legal Description. Applicant: William J. Mautz, Hilo, Hawaii Ken Salazar, Secretary of the Interior. [FR Doc. 2012–29393 Filed 12–3–12; 8:45 am] BILLING CODE 4310–VC–P Daniel Marquez, Fish and Wildlife Biologist; see ADDRESSES (telephone: 760–431–9440; fax: 760–431–9624). SUPPLEMENTARY INFORMATION: The following applicants have applied for scientific research permits to conduct certain activities with endangered species under section 10(a)(1)(A) of the Act (16 U.S.C. 1531 et seq.). We seek review and comment from local, State, and Federal agencies and the public on the following permit requests. Applicant Permit No. TE–78622A The applicant requests a permit to take (capture, handle, mark, salvage, and release) the island night lizard (Xantusia riversiana) in conjunction with surveys, population monitoring, and research activities throughout the range of the species in California for the purpose of enhancing the species’ survival. Permit No. TE–78621A DEPARTMENT OF THE INTERIOR Applicant: Danielle L. Temple, Three Rivers, California Fish and Wildlife Service The applicant requests a permit to take (capture, collect, and collect vouchers) the Conservancy fairy shrimp (Branchinecta conservatio), longhorn fairy shrimp (Branchinecta longiantenna), Riverside fairy shrimp (Streptocephalus woottoni), San Diego fairy shrimp (Branchinecta sandiegonensis), and vernal pool tadpole shrimp (Lepidurus packardi) in conjunction with survey activities throughout the range of each species in California for the purpose of enhancing the species’ survival. [FWS–R8–ES–2012–N276;FXES1113 0800000–123–FF08E00000] Endangered Species Recovery Permit Applications Fish and Wildlife Service, Interior. ACTION: Notice of receipt of permit applications; request for comment. AGENCY: We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (Act) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The Act also requires that we invite public comment before issuing these permits. DATES: Comments on these permit applications must be received on or before January 3, 2013. ADDRESSES: Written data or comments should be submitted to the Endangered Species Program Manager, U.S. Fish and Wildlife Service, Region 8, 2800 Cottage Way, Room W–2606, Sacramento, CA 95825 (telephone: 916–414–6464; fax: 916–414–6486). Please refer to the respective permit number for each application when submitting comments. SUMMARY: PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 Permit No. TE–053336 Applicant: John E. Vollmar, Berkley, California The applicant requests an amendment to a permit to take (to restore and enhance habitat) for the California tiger salamander (Santa Barbara County DPS) (Ambystoma californiense) in conjunction with habitat enhancement and restoration activities in Santa Barbara County, California, for the purpose of enhancing the species’ survival. Permit No. TE–776608 Applicant: Monk and Associates, Inc., Walnut Creek, California The applicant requests an amendment to a permit to take (survey, capture, handle, and release) the giant kangaroo E:\FR\FM\04DEN1.SGM 04DEN1

Agencies

[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Notices]
[Pages 71814-71818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29393]


=======================================================================
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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[LLWO100000, L18200000.XX0000]


Oil, Gas, and Potash Leasing and Development Within the 
Designated Potash Area of Eddy and Lea Counties, NM

AGENCY: Department of the Interior.

ACTION: Notice of Secretary's Order 3324.

-----------------------------------------------------------------------

SUMMARY: Secretary's Order 3324 revises and supersedes the Order of the 
Secretary of the Interior, dated October 28, 1986 (51 FR 39425), and 
corrected on August 26, 1987 (52 FR 32171), and provides procedures and 
guidelines for more orderly co-development of oil and gas and potash 
deposits owned by the United States within the Designated Potash Area 
through safe, concurrent operations.

DATES: Effective Date: December 3, 2012.

FOR FURTHER INFORMATION CONTACT: Tony Herrell; telephone 505-954-2222; 
301 Dinosaur Trail, Santa Fe, New Mexico 87508; email: 
therrell@blm.gov.

SUPPLEMENTARY INFORMATION: Secretary's Order 3324 reads as follows:

Order No. 3324

    Sec. 1 Purpose and Effect. This Order revises and supersedes the 
Order of the Secretary of the Interior, dated October 28, 1986 (51 FR 
39425), and corrected on August 26, 1987 (52 FR 32171), and provides 
procedures and guidelines for more orderly co-development of oil and 
gas and potash deposits owned by the United States within the 
Designated Potash Area through safe, concurrent operations.
    Sec. 2 Authority. This Order is issued in accordance with the 
authority vested in the Secretary of the Interior in the Mineral 
Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 et 
seq.); the Mineral Leasing Act for Acquired Lands of 1947, as amended 
(30 U.S.C. 351-359); the Federal Land Policy and Management Act of 
1976, as amended (43 U.S.C. 1701 et seq.), and regulations and onshore 
orders implementing these statutes.
    Sec. 3 Order Revised and Superseded. The Order of the Secretary of 
the Interior dated October 28, 1986 (51 FR 39425), and corrected on 
August 26, 1987 (52 FR 32171), is hereby superseded by this revised 
Order. The following provisions will apply to concurrent operations in 
prospecting for, developing, and producing oil and gas and potash 
deposits owned by the United States within the Designated Potash Area.
    Sec. 4 Definitions.
    a. Authorized Officer. Any employee of the Bureau of Land 
Management (BLM) authorized to perform duties described in 43 CFR parts 
3000, 3100, and 3500, as delegated in the BLM Manual.
    b. Barren Area. An area established by the BLM within the 
Designated Potash Area for which sufficient data is available to 
establish a lack of potash mineralization in sufficient thickness and 
quality to be mineable under existing technology and economics.
    c. Buffer Zone. Areas established by the BLM within the Designated 
Potash Area:
    (1) Extending outward a certain distance from the perimeter of 
existing underground open mine workings within which oil or gas 
operations are generally not allowed due to a BLM determination that 
oil or gas drilling could constitute a hazard to or interfere with 
orderly potash mining operations, or
    (2) Extending outward a certain distance from operating oil or gas 
well(s) or established Drilling Islands within which potash operations 
are generally not allowed due to a BLM determination that potash mining 
or exploration operations could constitute a hazard to or interfere 
with orderly oil or gas operations.
    d. Co-development. The concurrent development of oil and gas and 
potash resources within the Designated Potash Area. Co-development is a 
cooperative effort between industries under the guidelines of this 
order, as regulated by the BLM, to support production of potash and oil 
and gas from the lands within the Designated Potash Area.
    e. Designated Potash Area. The land area described in Section 8 of 
this Order.
    f. Development Area. An area established by the BLM within the 
Designated Potash Area in consideration of appropriate oil and gas 
technology such that wells can be drilled from a Drilling Island 
capable of effectively extracting oil and gas resources while

[[Page 71815]]

managing the impact on potash resources. Each Development Area will 
typically have only one Drilling Island, subject to narrow exceptions 
based on specific facts and circumstances. All new oil and gas wells 
that penetrate the potash formations within a Development Area will be 
drilled from the Drilling Island(s) associated with that Development 
Area. The boundaries of each Development Area will be determined in 
conformity with Section 6.e.(2).
    g. Drilling Island. An area established by the BLM, usually 
associated with and within a Development Area, from which all new 
drilling of vertical, directional, or horizontal wells that newly 
penetrate the potash formations can be performed in order to support 
the development of oil and gas resources. The size and shape of a 
Drilling Island defines the area where wellbore penetrations of the 
potash formations will be allowed; this area is to be as small as 
practical to allow effective oil and gas development while managing 
impacts on potash.
    h. Indicated Resources. Potash resources from which tonnage, grade, 
and mineral content are computed partly from specific measurements and 
samples, and partly from projection of geologic evidence. Indicated 
Resources are estimated at a lower level of confidence than Measured 
Reserves.
    i. Inferred Resources. Potash resources which are probable, 
considering reasonably correlated data from lithologic descriptions and 
well logs, but for which tonnage and grade cannot be computed due to 
the absence of specific data.
    j. Joint Industry Technical Committee. A committee established by, 
and subject to the management and control of, the potash mining 
industry and the oil and gas industry whose role is to study how 
concurrent development of potash and oil and gas can be safely 
performed in proximity to each other. While the committee may provide 
input to the BLM on such matters as indicated herein or otherwise at 
its discretion, it will not be subject to the BLM's management or 
control.
    k. Measured Reserves (also known as ``Potash Enclave''). Areas 
within the Designated Potash Area where potash is known to exist in 
sufficient thickness and quality to be mineable under existing 
technology and economics.
    l. Potash. Potassium and associated minerals as specified in the 
Act of February 27, 1927 (30 U.S.C. 281-287).
    m. Unknown Area. An area within the Designated Potash Area where 
there is an absence of data for the BLM to classify the mineralization 
as Measured Reserves, Indicated Resources, Inferred Resources, or 
Barren Area.
    Sec. 5 Status of Lands. This Order will not affect the current 
status of lands with respect to their being withdrawn from or open to 
entry or leasing.
    Sec. 6 General Provisions.
    a. Issuance of Oil and Gas Leases. The Department of the Interior 
reaffirms its policy that the lease stipulations contained in the Order 
of the Secretary of the Interior dated October 28, 1986, and corrected 
on August 26, 1987 (52 FR 32171), are necessary to protect the rights 
of the oil and gas and potash lessees and operators. Therefore, each 
successful applicant for a noncompetitive oil and gas lease, and any 
party awarded a competitive lease, for lands included in the Designated 
Potash Area, is required, as a condition to the issuance of such lease, 
to execute a stipulation to the lease as follows:
    (1) Drilling for oil and gas shall be permitted only in the event 
that the lessee establishes to the satisfaction of the Authorized 
Officer, BLM, that such drilling will not interfere with the mining and 
recovery of potash deposits, or the interest of the United States will 
best be served by permitting such drilling.
    (2) No wells shall be drilled for oil or gas at a location which, 
in the opinion of the Authorized Officer, would result in undue waste 
of potash deposits or constitute a hazard to or unduly interfere with 
mining operations being conducted for the extraction of potash 
deposits.
    (3) When the Authorized Officer determines that unitization is 
necessary for orderly oil and gas development and proper protection of 
potash deposits, no well shall be drilled for oil or gas except 
pursuant to a unit plan approved by the Authorized Officer.
    (4) The drilling or the abandonment of any well on said lease shall 
be done in accordance with applicable oil and gas operating regulations 
(43 CFR 3160), including such requirements as the Authorized Officer 
may prescribe as necessary to prevent the infiltration of oil, gas, or 
water into formations containing potash deposits or into mines or 
workings being utilized in the extraction of such deposits. In 
addition, the Authorized Officer will include a lease provision which 
states that drilling for and production of oil and gas will be subject 
to the terms of this Order, any subsequent revisions, and the orders of 
the Authorized Officer thereunder.
    b. Reinstatement or Renewal of Oil and Gas Leases. As a condition 
to the granting of any discretionary reinstatement or renewal of any 
existing lease that includes lands in the Designated Potash Area, the 
BLM will impose stipulations identical to those specified in Section 
6.a.
    c. Potash Leases.
    (1) All potash permits, licenses, and leases hereafter issued or 
existing potash leases hereafter readjusted for Federal lands within 
the Designated Potash Area, must be subject to a requirement, either to 
be included in the lease, license, or permit or imposed as a 
stipulation, that no mining or exploration operations may be conducted 
that, in the opinion of the Authorized Officer, will constitute a 
hazard to oil or gas production, or that will unreasonably interfere 
with orderly development and production under any oil and gas lease 
issued for the same lands.
    (2) BLM will continue to include applicable due diligence 
stipulations in all potash leases issued or readjusted after the date 
of this Order.
    (3) Before being allowed to participate in a competitive lease 
sale, all bidders must certify in writing that they have an 
identifiable, substantial, and genuine interest in developing the 
potash resources and that they intend to develop the potash resources 
in accordance with the applicable diligence stipulations.
    (4) In addition, the Authorized Officer will include a lease 
provision providing that potash mining operations will be subject to 
the terms of this Order, any subsequent revisions, and the orders of 
the Authorized Officer thereunder.
    d. Delineation of Resource Areas. Each potash lessee must file 
annually by March 1, with the Authorized Officer, data and a map(s) on 
which has been delineated the following information with respect to the 
Federal, state, and private potash leases which the lessee then holds; 
and lands on which exploration activities have been conducted.
    (1) Those areas where active mining operations are currently in 
progress in one or more ore zones;
    (2) Those areas where operations have been completed in one or more 
ore zones;
    (3) Those areas that are not presently being mined which are 
considered to contain Measured Reserves in one or more ore zones;
    (4) Those areas that are not presently being mined which are 
considered to contain Indicated Resources in one or more ore zones;
    (5) Those areas that are not presently being mined which are 
considered to contain Inferred Resources in one or more ore zones;

[[Page 71816]]

    (6) Those areas that are considered to be Barren Areas;
    (7) Those areas that are Unknown Areas; and
    (8) Those areas that are planned to be mined as per a three-year 
mine plan.
    (9) The Authorized Officer will annually review the information 
submitted under this requirement and make any revisions to the 
boundaries of Measured Reserves, Indicated Resources, Inferred 
Resources, Barren Areas, and Unknown Areas. Upon verification, the 
Authorized Officer will commit the initial findings to a map(s) of 
suitable scale and will thereafter revise that map(s) as necessary to 
reflect the latest available information.
    e. Oil and Gas Drilling.
    (1) Drilling within the Designated Potash Area. It is the intent of 
the Department of the Interior to administer oil and gas operations 
throughout the Designated Potash Area in a manner which promotes safe, 
orderly co-development of oil and gas and potash resources. It is the 
policy of the Department of the Interior to deny approval of most 
applications for permits to drill oil and gas wells from surface 
locations within the Designated Potash Area. Three exceptions to this 
policy will be permitted if the drilling will occur under the following 
conditions from:
    (a) A Drilling Island associated with a Development Area 
established under this Order or a Drilling Island established under a 
prior Order;
    (b) A Barren Area and the Authorized Officer determines that such 
operations will not adversely affect active or planned potash mining 
operations in the immediate vicinity of the proposed drill-site; or
    (c) A Drilling Island, not covered by (a) above, or single well 
site established under this Order by the approval and in the sole 
discretion of the Authorized Officer, provided that such site was 
jointly recommended to the Authorized Officer by the oil and gas 
lessee(s) and the nearest potash lessee(s).
    (2) Development Areas.
    (a) When processing an application for permit to drill (APD) an oil 
or gas well in the Designated Potash Area that complies with regulatory 
requirements, the Authorized Officer will determine whether to 
establish a Development Area in connection with the application, and if 
so, will determine the boundaries of the Development Area and the 
location within the Development Area of one or more Drilling Islands 
from which drilling will be permitted. The BLM may also designate a 
Development Area outside of the APD process based on information in its 
possession, and may modify the boundaries of a Development Area. 
Existing wells may be included within the boundaries of a Development 
Area. A Development Area may include Federal oil and gas leases and 
other Federal and non-Federal lands.
    (b) After designating or modifying a Development Area, the BLM will 
issue a Notice to Lessees, consistent with its authorities under 43 CFR 
subpart 3105 and part 3180, informing lessees that future drilling on 
lands under an oil and gas lease within that Development Area will:
    (i) Occur, under most circumstances, from a Barren Area or a 
Drilling Island within the Development Area; and
    (ii) Be managed under a unit or communitization agreement, 
generally by a single operator, consistent with BLM regulations and 
this Order. Unit and communitization agreements will be negotiated 
among lessees. The BLM will consider whether a specific plan of 
development is necessary or advisable for a particular Drilling Island.
    (c) The Authorized Officer reserves the right to approve an 
operator or successor operator of a Development Area and/or a Drilling 
Island, if applicable, to ensure that the operator has the resources to 
operate and extract the oil and gas resources consistent with the 
requirements of this Order and all applicable laws and regulations, and 
has provided financial assurance in the amount required by the 
Authorized Officer.
    (d) The Authorized Officer will determine the appropriate 
designation of a Development Area in terms of location, shape, and 
size. In most cases, a single Drilling Island will be established for 
each Development Area. In establishing the location, shape, and size of 
a Development Area and an associated Drilling Island, the Authorized 
Officer will consider:
    (i) The appropriate location, shape, and size of a Development Area 
and associated Drilling Island to allow effective extraction of oil and 
gas resources while managing the impact on potash resources;
    (ii) The application of available oil and gas drilling and 
production technology in the Permian Basin;
    (iii) The applicable geology of the Designated Potash Area and 
optimal locations to minimize loss of potash ore while considering co-
development of both resources;
    (iv) Any long term exploration and/or mining plans provided by the 
potash industry;
    (v) Whether a Barren Area may be the most appropriate area for a 
Drilling Island;
    (vi) The requirements of this Order; and
    (vii) Any other relevant factors.
    (e) As the Authorized Officer establishes a Development Area, the 
Authorized Officer will more strictly apply the factors listed in 
Section 6.e.(2)(d), especially the appropriate application of the 
available oil and gas drilling and production technology in the Permian 
Basin, when closer to current traditional (non-solution) potash mining 
operations. Greater flexibility in the application of the factors 
listed in Section 6.e.(2)(d) will be applied further from current and 
near-term traditional (non-solution) potash mining operations. No 
Drilling Islands will be established within one mile of any area where 
approved potash mining operations will be conducted within 3 years 
consistent with the 3-year mine plan referenced above (Section 6.d.(8)) 
without the consent of the affected potash lessee(s).
    (f) The Authorized Officer may establish a Development Area 
associated with a well or wells drilled from a Barren Area as 
appropriate and necessary.
    (g) As part of the consideration for establishing Development Areas 
and Drilling Islands, the BLM will consider input from the potash 
lessees and the oil and gas lessees or mineral right owners who would 
be potentially subject to a unitization agreement supporting the 
Development Area, provided that the input is given timely.
    (3) Buffer Zones. Buffer Zones of \1/4\ mile for oil wells and \1/
2\ mile for gas wells are hereby established. These Buffer Zones will 
stay in effect until such time as revised distances are adopted by the 
BLM Director or other BLM official, as delegated. However, the 
Authorized Officer may adjust the Buffer Zones in an individual case, 
when the facts and circumstances demonstrate that such adjustment would 
enhance conservation and would not compromise safety. The Director will 
base revised Buffer Zones on science, engineering, and new technology 
and will consider comments and reports from the Joint Industry 
Technical Committee and other interested parties in adopting any 
revisions.
    (4) Unitization and Communitization. To more properly conserve the 
potash and oil and gas resources in the Designated Potash Area and to 
adequately protect the rights of all parties in interest, including the 
United States, it is the policy of the Department of the Interior that 
all Federal oil and gas leases within a Development Area should be 
unitized or subject to an

[[Page 71817]]

approved communitization agreement unless there is a compelling reason 
for another operating system. The Authorized Officer will make full use 
of his/her authorities wherever necessary or advisable to require 
unitization and/or communitization pursuant to the regulations in 43 
CFR subparts 3105 and 3180. The Authorized Officer will use his/her 
discretion to the fullest extent possible to assure that any 
communitization agreement and any unit plan of operations hereafter 
approved or prescribed within the Designated Potash Area will adhere to 
the provisions of this Order. The Authorized Officer will work with 
Federal lessees, and with the State of New Mexico as provided below, to 
include non-Federal mineral rights owners in unit or communitization 
agreements to the extent possible.
    (5) Coordination with the State of New Mexico.
    (a) If the effective operation of any Development Area requires 
that the New Mexico Oil Conservation Division (NMOCD) revise the 
state's mandatory well spacing requirements, the BLM will participate 
as needed in such a process. The BLM may adopt the NMOCD spacing 
requirements and require lessees to enter into communitization 
agreements based on those requirements.
    (b) The BLM will cooperate with the NMOCD in the implementation of 
that agency's rules and regulations.
    (c) In taking any action under Section 6.e. of this Order, the 
Authorized Officer will take into consideration the applicable rules 
and regulations of the NMOCD.
    (6) Approvals of Exploration on Existing Potash Leases and Potash 
Exploration Licenses.
    (a) Exploration for potash on lands leased for potash is permitted 
only with approval by the BLM, in consultation and coordination with 
the potash lessee, of an exploration plan in accordance with 43 CFR 
subpart 3592 and subject to the terms and conditions of the potash 
lease.
    (b) An oil and gas or potash operator may apply for an exploration 
license to drill core holes necessary to define the absence or 
existence and extent of mineable potash reserves in areas within the 
Designated Potash Area. Exploration licenses allow the exploration of 
known, unleased mineral deposits to obtain geologic, environmental, and 
other pertinent data concerning the deposit. See 43 CFR subpart 3506. 
These licenses can be obtained from the Carlsbad Field Office, BLM. 
Costs for such exploration may be shared consistent with the provisions 
of 43 CFR 3506.14, if applicable.
    (c) Should an oil and gas or potash operator desire to attempt to 
gather sufficient data for the BLM to establish a Barren Area in any 
part of the Designated Potash Area not defined as Barren, provisions 
and protocols are included in this Order for the operator to review 
relevant data in the area to design a core acquisition program (see 
Section 6.e.(8)(b) and (c) of this Order) and to obtain access to the 
land to acquire core data (see Section 6.e.(6)(b)). The BLM will 
develop and employ, as appropriate, data management protocols to 
protect the appropriate use of the data in its records. The BLM will 
use such newly acquired data to determine the resulting potash ore 
quality and make any changes to potash reserves and resources maps 
indicated by the new data.
    (7) Notice to Affected Parties. An applicant for an Application for 
Permit to Drill (APD), or a proponent of a plan of development for a 
unit or communitization area or a proposal for a Development Area or a 
Drilling Island, will provide notice of the application, plan, or 
proposal to the potash lessees and potash operators in the Designated 
Potash Area and to the owners of the oil and gas rights and surface 
owners affected by such application, plan, or proposal. A list of 
current potash lessees and potash operators will be available and 
maintained by the Carlsbad Field Office, BLM. The BLM will assist to 
the extent possible in identifying the oil and gas and surface owners 
affected by the application, plan, or proposal. This notice should be 
prior to or concurrent with the submission of the application, plan, or 
proposal to the BLM. The BLM will not authorize any action prior to 
this notice.
    (8) Access to Maps and Surveys.
    (a) Well records and survey plats that an oil and gas lessee is 
required to file pursuant to applicable operating regulations (43 CFR 
subpart 3160) will be available for inspection at the Carlsbad Field 
Office, BLM, by any party holding a potash permit or lease on the lands 
on which the well is situated insofar as such records are pertinent to 
the mining and protection of potash deposits.
    (b) Maps of mine workings and surface installations and records of 
core analyses that a potash lessee is required to file pursuant to 
applicable operating regulations (43 CFR 3590) will be available for 
inspection at the Carlsbad Field Office, BLM. These records are 
available for viewing by any party holding an oil and gas lease on the 
same lands insofar as such records are pertinent to the development and 
protection of oil and gas deposits.
    (c) In order for an oil and gas or potash operator to establish and 
design a core acquisition program for the purposes of proving a Barren 
Area, those records of core analyses in the area of the planned program 
that are necessary to design that program should be provided in a 
timely fashion by the BLM to the operator of the planned program to the 
extent allowed by law, subject to data management protocols as 
referenced in Section 6.e.(6)(c), and consistent with 43 CFR part 2 and 
Sections 3503.41-.43. The BLM will use all data available to it when 
delineating Barren Areas.
    (d) Maps of potash reserves and resources prepared under the 
provisions of Section 6.d. will be available for inspection in the 
Carlsbad Field Office, BLM. Digital copies of these maps will be 
available by mail or at these offices by May 1 of each year. Maps of 
established Development Areas will be updated as new Development Areas 
are established. Maps of Development Areas will be provided in a timely 
fashion by the BLM upon request.
    Sec. 7 Regulatory and Administrative Matters.
    a. This Order applies to the exercise of all existing leases in the 
Designated Potash Area in conformity with lease stipulations and 
Federal law.
    b. Except to the extent otherwise provided by this Order, the 
regulations contained in 43 CFR part 3100 and subparts 3160 and 3180 
(governing the leasing and development of oil and gas) and 43 CFR part 
3500 and subpart 3590 (governing the leasing and development of potash 
deposits), remain applicable to the lands covered by this Order.
    c. In implementing this Order, the BLM is authorized to exercise 
its discretion through any and all appropriate means, including 
rulemaking, notices to lessees, and orders of the Authorized Officer.
    d. The BLM will obtain and use the best science available when 
administering this Order consistent with Departmental Manual chapters 
305 DM 2 and 305 DM 3. The BLM will comply with the requirements of 
Secretary's Order 3305, Ensuring Scientific Integrity within the 
Department of the Interior, dated, September 29, 2010. The BLM has 
previously used Sandia National Laboratories to provide unbiased 
technical assistance in administering the Designated Potash Area and 
may continue to do so, if the BLM, consistent with all applicable laws, 
so chooses.
    e. The BLM will develop guidelines consistent with this Order for 
establishing Development Areas and

[[Page 71818]]

Drilling Islands. In developing such guidelines, the BLM may consider 
comments and reports from the Joint Industry Technical Committee and 
other interested parties.
    f. The BLM will develop appropriate time-frame guidelines and 
requirements, as appropriate, to enable timely actions pursuant to this 
Order.
    Sec. 8 The Designated Potash Area Legal Description.

New Mexico Principal Meridian

T. 22 S., R. 28 E.,
    Secs. 25 and 36.
T. 23 S., R. 28 E.,
    Sec. 1.
T. 19 S., R. 29 E.,
    Secs. 1 and 2;
    Secs 11 to 15, inclusive;
    Secs. 22 to 27, inclusive;
    Secs. 35 and 36.
T. 20 S., R. 29 E.,
    Secs. 1 and 2;
    Secs. 11 to 15, inclusive;
    Secs. 22 to 27, inclusive;
    Secs. 34 to 36, inclusive.
T. 21 S., R. 29 E.,
    Secs. 1 to 5, inclusive;
    Secs. 10 to 15, inclusive;
    Secs. 22 to 27, inclusive;
    Secs. 34 to 36, inclusive.
T. 22 S., R. 29 E.,
    Secs. 1 to 5, inclusive;
    Secs. 8 to 17, inclusive;
    Secs. 19 to 36, inclusive.
T. 23 S., R. 29 E.,
    Secs. 1 to 17, inclusive;
    Secs. 21 to 28, inclusive;
    Secs. 33 to 36, inclusive.
T. 24 S., R. 29 E.,
    Secs. 1 to 4, inclusive.
T. 18 S., R. 30 E.,
    Secs. 8 to 17, inclusive;
    Secs. 20 to 29, inclusive;
    Secs. 32 to 36, inclusive.
T. 19 S., R. 30 E.
T. 20 S., R. 30 E.
T. 21 S., R. 30 E.
T. 22 S., R. 30 E.
T. 23 S., R. 30 E.
T. 24 S., R. 30 E.,
    Secs. 1 to 18, inclusive.
T. 19 S., R. 31 E.,
    Secs. 7 and 18;
    Secs. 31 to 36, inclusive.
T. 20 S., R. 31 E.
T. 21 S., R. 31 E.
T. 22 S., R. 31 E.
T. 23 S., R. 31 E.
T. 24 S., R. 31 E.,
    Secs. 1 to 18, inclusive;
    Secs. 35 and 36.
T. 25 S., R. 31 E.,
    Secs. 1 and 2.
T. 19 S., R. 32 E.,
    Secs. 25 to 28, inclusive;
    Secs. 31 to 36, inclusive.
T. 20 S., R. 32 E.
T. 21 S., R. 32 E.
T. 22 S., R. 32 E.,
    Secs. 1 to 12, inclusive.
T. 19 S., R. 33 E.,
    Secs. 21 to 36, inclusive.
T. 20 S., R. 33 E.
T. 21 S., R. 33 E.
T. 22 S., R. 33 E.,
    Secs. 1 to 12, inclusive.
T. 19 S., R. 34 E.,
    Secs. 19 and 20;
    Secs. 29 to 32, inclusive.
T. 20 S., R. 34 E.,
    Secs. 3 to 10, inclusive;
    Secs. 15 to 36, inclusive.
T. 21 S., R. 34 E.,
    Secs. 5 to 8, inclusive;
    Secs. 17 to 20, inclusive;
    Secs. 29 to 32, inclusive.
T. 22 S., R. 34 E.,
    Sec. 6.

    The area described, including public and non-public lands, 
aggregates 497,002.03 acres, more or less.

    Sec. 9 Administrative Provisions. The Director, BLM, is authorized 
to delegate responsibilities herein as is determined appropriate. This 
Order will remain in effect until superseded, replaced, or incorporated 
into the Departmental Manual.

Ken Salazar,
Secretary of the Interior.
[FR Doc. 2012-29393 Filed 12-3-12; 8:45 am]
BILLING CODE 4310-VC-P
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