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