[Federal Register Volume 60, Number 117 (Monday, June 19, 1995)]
[Proposed Rules]
[Page 31935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14933]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3150
[WO-610-4110-02 1A]
RIN 1004-AC25
Onshore Oil and Gas Geophysical Exploration
AGENCY: Bureau of Land Management, Interior.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Bureau of Land Management gives notice of its intention to
propose a rule to: Impose a fee to recover costs incurred for
processing notices of intent to conduct onshore oil and gas geophysical
exploration; and establish guidelines for charging fair market value
for the use of Federal lands during onshore oil and gas geophysical
exploration operations. The purpose of this notice is to solicit
comments to help guide preparation of the proposed rule.
DATES: Comments on the advance notice of proposed rulemaking must be
received by August 21, 1995. Comments postmarked after this date may
not be considered in the preparation of the proposed rule.
ADDRESSES: Comments should be sent to: Director (140), Bureau of Land
Management, Room 5555, 1849 C Street, N.W., Washington, D.C. 20240.
Comments can also be sent to WO140@attmail.com. Please include ``attn:
AC25'' and your name and return address in your internet message.
Comments will be available for public review at the above address
during regular business hours (7:45 a.m. to 4:15 p.m.), Monday through
Friday.
FOR FURTHER INFORMATION CONTACT: Erick Kaarlela, Leader, Compliance
Team, Bureau of Land Management, (202) 452-0340.
SUPPLEMENTARY INFORMATION: The rule will be proposed based on
recommendations by the Office of the Inspector General (OIG) for the
Department of the Interior. The OIG recommended that the Bureau of Land
Management: (1) impose a $500 fee to recover the costs of processing a
notice of intent to conduct oil and gas geophysical exploration
operations; and (2) establish and implement procedures for charging
operators fair market value for use of Federal lands during onshore oil
and gas geophysical exploration and seismic surveys.
Office of Management and Budget Circular No. A-25, as amended and
supplemented, requires agencies to establish user charges based on
sound management principles and, to the extent feasible, in accordance
with commercial practices. The charges need not be limited to the
recovery of costs; they may also produce net revenues to the Federal
Government. The Federal Land Policy and Management Act (FLPMA) (43
U.S.C. 1701 et seq.) reaffirmed long-standing Congressional support of
fair market value as a basis for fees. Section 102(a) of FLPMA (43
U.S.C. 1701(a)) states that it is the policy of the United States that
the United States must receive fair market value for the use of the
public lands and their resources unless otherwise provided for by
statute. Section 304 of FLPMA (43 U.S.C. 1734) authorizes the Secretary
to establish reasonable filing and service fees and reasonable charges.
This advance notice of proposed rulemaking presents only a general
description of the actions being considered and includes no regulatory
text.
The Bureau of Land Management currently charges no filing fee for
notices of intent (NOI) for oil and gas geophysical exploration for
lands outside of Alaska. Other Federal agencies, including the Forest
Service, the Fish and Wildlife Service, and the Bureau of Indian
Affairs, issue permits and charge fees for oil and gas geophysical
exploration. Additionally, several State governments charge fees for
geophysical exploration. Research has shown that BLM incurs costs per
case estimated to range from $450 to $1,500 in processing and
monitoring each NOI.
Most agencies base charges for conducting geophysical surveys on
line miles of the seismic survey. However, some agencies use the number
of shot holes or other criteria to calculate the charge and/or fee.
Charges range from nothing up to about $1,000 per line mile, with the
average being a few hundred dollars per line mile.
In publishing this advance notice of intent to propose rulemaking,
the Bureau of Land Management requests information and public comments
on:
a. The effect of charging a $500 fee to recover the cost of
processing a notice of intent to conduct onshore oil and gas
geophysical exploration operations.
b. The effect of an additional charge for the use of the surface of
Federal lands while conducting oil and gas geophysical surveys. (The
additional charge would not apply to a Federal lessee conducting such
activities on its own leases.)
c. The most appropriate method of determining the additional charge
for surface use, including the following possibilities:
1. Whether the surface use charge should be based on a flat rate of
$200 per seismic line mile or fraction thereof;
2. Whether the surface use charge should be based on the size of
the area affected by the survey, e.g., $800 per section or square mile
involved.
3. Whether the surface use charge options in 1. and 2., above,
should be higher for those seismic methods involving more extensive
surface disturbance.
The public is invited to raise any additional issues of concern
related to the proposed processing fee and surface use charges for
geophysical exploration operations, including any other factors that
should be considered in determining the reasonableness of the proposed
fee and charge.
The principal author of this advance notice of proposed rulemaking
is Gloria Jean Austin of the of Fluids Group, Compliance Team, assisted
by the staff of the Regulatory Management Team, Bureau of Land
Management.
Dated: June 13, 1995.
Sylvia V. Baca,
Acting Assistant Secretary of the Interior.
[FR Doc. 95-14933 Filed 6-16-95; 8:45 am]
BILLING CODE 4130-84-P
