Ongoing Development

Monument lands remain open to continued oil and gas (including carbon dioxide) development under existing leases, under current lease restrictions and BLM regulations. The Proclamation also directs the Secretary to manage development, subject to valid existing rights, so as not to create any new impacts that interfere with the proper care and management of the objects protected by the Proclamation. With respect to oil and gas leases, "valid existing rights" vary from case to case, but generally involve rights to explore, develop, and produce within the constraints of the lease terms, laws and regulations.

This provides for continued development of valid existing rights, which allows operators to explore for and develop the oil and gas resources underlying their existing leases. The current APD review process will be utilized and will include a 30 day public review of the proposed decision identified in the environmental assessment. The APD review process should embrace the following:

• Surface construction for new well pads, roads, pipelines and associated facilities will be the minimum size for safe operation to preserve Monument values. Use of existing disturbed areas for well locations will be emphasized and will be considered when directional drilling can be shown to be economically and technically feasible and will not impair the conservation of resources from a common reservoir. Locations no longer needed for operations will be reclaimed. All oil and gas operations within the Monument will be made a high priority for surface inspections. 
• Use the authority of lease stipulations, regulations, and mitigative measures identified through environmental analyses to adopt conditions of approval which promote the objectives of the Proclamation. These measures include, but are not limited to, surveys of proposed construction areas for cultural resources and endangered species; reasonable modifications to siting or design of facilities; control of invasive weeds on all constructed areas; construction practices that will minimize erosion; construction practices and facilities that minimize visual impacts. For more detailed mitigation measures see Appendices D, E, and F of the 1991 Colorado Oil and Gas Development Final EIS and the Shell CO2 EIS. 
• Existing Rights-of-ways and roads will be employed for new operations as much as possible to avoid impacts that interfere with proper care of Monument resources. Rights-of-ways and roads not needed for other operations, will be reclaimed.
• Reclamation will be carried out in accordance with the reclamation requirements contained in the Resource Management Plan, or other applicable and approved plan. Reclamation will emphasize restoration of natural conditions and visual continuity through such measures as the use of native seed and the reconstruction of existing contours. Removed vegetation will be used as mulch over the reclaimed area to protect seed and reduce erosion.
• Oil and gas roads not needed for other authorized uses will be gated to protect Monument resources.

National Environmental Policy Act Review

BLM will use a NEPA analysis to determine potential impacts on the Monument resources. The NEPA analysis will include a full range of alternatives. In addition to the "No-Action" and "Proposed -Action," alternatives, there will be an alternative to minimize surface disturbance and protect objects of the Monument. The NEPA analysis also assesses the cumulative effects of the proposal on overall Monument resources and management. The analysis will recognize the short term nature of oil and gas operations in the context of the long term nature of the natural and cultural resources environment.

• If the analysis indicates no impact to the Monument resources, or indicates impacts to resources, but determines that the impacts are consistent with the Proclamation, the proposed operation can proceed in accordance with applicable regulations, standards and stipulations.
• If the analysis and documentation indicate that the proposal may have impacts that are not in conformance with the Proclamation, the BLM will work with the applicant to find alternatives or modifications to the proposal that will minimize such impacts through special permit conditions, consistent with applicant’s rights under applicable laws, regulations, and stipulations.

Leasing

The Proclamation allows new leases to be issued, but only for the purpose of either protecting against drainage, or promoting conservation of oil and gas resources in a common reservoir now being produced under existing leases.

The amount of acreage to be included in any new oil and gas lease will be limited to the amount necessary to resolve the drainage situation or allow proper conservation of the oil and gas resource. BLM will use available reservoir data to determine 40 acre subdivisions contained within the common reservoir or potentially drained area for leasing.

The need for these reservoir management leases will be reviewed by the State Director on a case-by-case basis. As an integral part of the State Director review, a NEPA analysis will be prepared to identify appropriate mitigation for avoiding or minimizing impacts and will include public review and comment.

Seismic Operations

Permits will be required for all seismic operations. All permits will include inventories and mitigative measures to avoid new impacts that interfere with the proper care and management of the objects protected by the Proclamation. Use of explosives or vibroseis will consider potential impacts to standing walls and structures. Vehicles will use existing roads as much as possible. Off lease seismic will be permitted only for the purpose of defining the limits of common reservoirs now being produced.

Wilderness Study Areas and Post-FLPMA Leases

The non-impairment standards under the Federal Land Policy and Management Act (FLPMA) continue to apply to Wilderness Study Areas (WSAs) within the Monument. Existing non-impairment standards and practices will be applied to activities to protect WSA values and to assess proposed actions that may affect wilderness values. (See H-8550-1, Interim Management Policy and Guidelines for Land under Wilderness Review.)