Eugene Record of Decision and Resource Management Plan

Acronyms and Abbreviations

Eugene Record of Decision

Eugene District Resource Management Plan Table of Contents:

- Tables

- Maps

- Appendices

Appendix G
Restrictions on Leasable Mineral Exploration and Development Activity

Introduction

This appendix discusses the leasing stipulations as they will be applied to BLM managed lands in the planning area. Mineral leasing of lands managed by the U.S. Forest Service within the District boundary is not addressed in this document.

Oil and Gas

The Mineral Leasing Act of 1920 (as amended) provides that all publicly owned oil and gas resources be open to leasing, unless a specific land order has been issued to close the area. Through the land use planning process, the availability of these resources for leasing is analyzed, taking into consideration development potential and surface resources. Constraints on oil and gas operations are identified and placed in the leases as notices and stipulations. Oil and gas leases are then issued from the BLM Oregon State Office in Portland.

The issuance of a lease conveys to the lessee an authorization to actively explore and/or develop the lease, in accordance with the attached stipulations and the standard terms outlined in the Federal Onshore Oil and Gas Leasing Reform Act (FOOGLRA). Restrictions on oil and gas activities in the planning area will take the form of timing limitations, controlled surface use, no surface occupancy, and complying with the special status species stipulation, used at the discretion of the Authorized Officer to protect identified surface resources of special concern.

Stipulations will be attached to each lease before it is offered for bid by the field office, which reviews the lease tract. The review will be conducted by consulting the direction given in this Resource Management Plan. In addition, all lands administered by BLM within the planning area will be subject to the lease notices as shown on the following pages. All Federal lessees or operators are required to follow procedures set forth by: Onshore Oil and Gas Orders, Notices to Lessee (NTLs), The Federal Oil and Gas Royalty Management Act (as amended), The Federal Onshore Oil and Gas Leasing Reform Act, and Title 43 Code of Federal Regulations, Part 3100.

Geophysical Exploration - Oil and gas geophysical operations may be conducted regardless of whether or not the land is leased. Notices to conduct geophysical operations on BLM surface are received by the Resource Area. Administration and surface protection are accomplished through close cooperation of the operator and the BLM. Seasonal restrictions may be imposed to reduce fire hazards, conflicts with wildlife, watershed damage, etc. An operator is required to file a "Notice of Intent to Conduct Oil and Gas Exploration Operations" for all geophysical activities on public land administered by BLM. The notice should adequately show the location and access routes, anticipated surface damages, and time frame. The operator is required to comply with written instructions and orders given by the Authorized Officer, and must be bonded. Signing of the Notice of Intent by the operator signifies agreement to comply with the terms and conditions of the notice, regulations, and other requirements prescribed by the Authorized Officer. A prework conference and/or site inspection may be required. Periodic checks during and upon completion of the operations will be conducted to ensure compliance with the terms of Notice of Intent, including reclamation.

Drilling Permit Process - The Federal lessee or operating company selects a drill site based on spacing requirements, subsurface and surface geology, geophysics, topography, and economic considerations. Well spacing is determined by the Authorized Officer after considering topography, reservoir characteristics, protection of correlative rights, potential for well interference, interference with multiple use of lands, and protection of the surface and subsurface environments. Close coordination with the State would take place. Written field spacing orders are issued for each field. Exceptions to spacing requirements involving Federal lands may be granted after joint State and BLM review.

Notice of Staking - Once the company makes the decision to drill, it must decide whether to submit a Notice of Staking (NOS) or apply directly for a permit to drill. The NOS is an outline of what the company intends to do, including a location map and sketched site plan. The NOS is used to review any conflicts with known critical resource values and to identify the need for associated rights-of-way and special use permits. The BLM utilizes information contained in the NOS and obtained from the on-site inspection to develop conditions of approval to be incorporated into the application for permit to drill. Upon receipt of the NOS, the BLM posts the document and pertinent information about the proposed well in the District Office for a minimum of 30 days prior to approval, for review and comment by the public.

Application for Permit to Drill (APD) - The operator may or may not choose to submit a NOS; in either case, an Application for Permit to Drill (APD) must be submitted prior to drilling. An APD consists of two main parts: a 12-point surface plan that describes any surface disturbances and is reviewed by resource specialists for adequacy with regard to lease stipulations designed to mitigate impacts to identified resource conflicts with the specific proposal, and a 8-point subsurface plan that details the drilling program and is reviewed by the staff petroleum engineer and geologist. This plan includes provisions for casing, cementing, well control, and other safety requirements. For the APD option, the on-site inspection is used to assess possible impacts and develop provisions to minimize these impacts. If the NOS option is not utilized, the 30-day posting period begins with the filing of the APD. Private surface owner input is actively solicited during the APD stage.

Geothermal

The Geothermal Steam Act of 1970 (as amended) provides for the issuance of leases for the development and utilization of geothermal steam and associated geothermal resources. Geothermal leasing and operational regulations are contained in Title 43 Code of Federal Regulations, Part 3200. Through the land use planning process the availability of the geothermal resources for leasing is analyzed, taking into consideration development potential and surface and subsurface resources. Constraints on geothermal operations are identified and placed in the leases as stipulations. Geothermal leases are then issued by the BLM Oregon State Office in Portland.

Geothermal resources within a Known Geothermal Resource Area (KGRA) are offered by competitive sale. Outside of KGRAs, leases can be issued noncompetitively (over-the-counter). Prior to a competitive lease sale, or the issuance of a noncompetitive lease, each tract will be reviewed, and appropriate lease stipulations will be included. The review will be conducted by consulting the direction given in this Resource Management Plan. The issuance of a lease conveys to the lessee authorization to actively explore and/or develop the lease in accordance with regulations and lease terms and attached stipulations. The operator is required to file a "Notice of Intent to Conduct Geothermal Resource Exploration Operations" for any proposed geothermal exploration, including geophysical work. Subsequent lease operations must be conducted in accordance with the regulations, Geothermal Resources Operational Orders, and any Conditions of Approval developed as a result of site-specific NEPA analysis. In the planning area, restrictions in some areas will include timing limitations, controlled surface use, no surface occupancy, and a special status species stipulation, used at the discretion of the Authorized Officer to protect identified surface resources of special concern.

In addition to restrictions related to the protection of surface resources, the various stipulations and conditions could contain requirements related to protection of subsurface resources. These may involve drainage protection of geothermal zones, protection of aquifers from contamination, or assumption of responsibility for any unplugged wells on the lease.

Development of geothermal resources can be done only on approved leases. Orderly development of a geothermal resource, from exploration to production, involves several major phases that must be approved separately. Each phase must undergo the appropriate level of NEPA compliance before it is approved and subsequent authorization(s) is (are) issued.

Mineral Leasing Notice and Stipulation Summary

On the following pages, the mineral leasing notices and stipulations are shown. Those notices and stipulations shown are considered to be the minimum necessary in order to issue oil and gas or geothermal leases in the operating area. The standard lease terms (Form 3100-11 for oil and gas) (and Form 3200-24 for geothermal resources) would be utilized on all lands. On the Eugene District, the Special Status Species stipulation would be attached to every mineral lease. The powersite stipulation (Form 3730-1) would be utilized on lands within powersite reservations. Lands under the jurisdiction of the Department of the Army, Corps of Engineers, would be leased (for oil and gas,) subject to the stipulation on Form 3109-2. Prior to issuance of geothermal leases on lands under the jurisdiction of the Corps of Engineers, the Corps must approve the leasing activity and no special stipulation is attached to the lease.

Stipulations also include waiver, exception, and modification criteria defined below. If the Authorized Officer determines that a stipulation involves an issue of major concern, waivers, exceptions, or modifications of the stipulation will be subject to at least a 30-day advance public review (43 CFR 3101.1-4). Waiver, exception, and modification are defined as follows:

The No Surface Occupancy (NSO) stipulation is used rather than not leasing because leasable minerals, if present, could be produced from most, if not all, of each of the parcels that are subject to this stipulation without impacting the value(s) needing protection.

Whenever a special stipulation, such as No Surface Occupancy, Timing, Controlled Surface Use (CSU), or Special Status Species is used, the need for the special stipulation is described in the "Objective" that follows the stipulation. By imposing these special stipulations, it has been concluded that less restrictive stipulations would not be adequate to meet the stated objective.

Standard Lease Terms

Standard lease terms for oil and gas are listed in Section 6 of "Offer to Lease and Lease for Oil and Gas" Form 3100-11. They are:

Standard lease terms for geothermal leasing can be found on Offer to Lease and Lease for Geothermal Resources (Form 3200-24), Section 6, and are very similar to those described above for oil and gas leasing.

Powersite Stipulation (Form No. 3730-1) (to be used on all lands within powersite reservations.)

Oil and Gas Stipulation for Lands Under Jurisdiction of Department of the Army, Corps of Engineers (Form No. 3109-2)

Leasing Notice and Stipulations for the RMP

Notice

Cultural Resources

Special Stipulations

NSO - Land Use Authorizations
NSO - Recreation Sites
NSO - Special Areas (ACEC (including RNA & ONA), EEA)
NSO - Tyrrell and Dorena Seed Orchards
NSO - Great Blue Heron Rookeries
NSO - Osprey Nest Sites
NSO - Riparian Reserves
Timing - Mineral Springs Utilized by the Band-tailed Pigeon
CSU - Soils
CSU - VRM Class II
CSU - Special Recreation Management Areas
CSU - Suitable or Eligible Recreational Rivers
CSU - Late-Successional Reserves
Special Status Species

Leasing Notice for the RMP

The following Notice is to be included in each lease for all lands administered by BLM within the planning area where the pertinent resource potential exists. Lease notices are attached to leases in the same manner as stipulations; however, there is an important distinction between lease notices and stipulations. Lease notices do not involve new restrictions or requirements. Any requirements contained in a lease notice must be fully supported in either laws, regulations, policy, onshore oil and gas orders, or geothermal resources operational orders.

Notice

Cultural Resources: An inventory of the leased lands may be required prior to surface disturbance to determine if cultural resources are present and to identify needed mitigation measures. Prior to undertaking any surface-disturbing activities on the lands covered by this lease, the lessee or operator shall:

Authorities: Compliance with Section 106 of the National Historic Preservation Act is required for all actions that may affect cultural properties eligible to the National Register of Historic Places. Section 6 of the standard lease terms for geothermal and oil and gas require that operations be conducted in a manner that minimize adverse impacts to cultural and other resources.

Special Leasing Stipulations for the RMP -

The following special stipulations are to be utilized on specifically designated tracts of land.

No Surface Occupancy

Resource: Land Use Authorizations

Stipulation: Surface occupancy and use is prohibited on Recreation and Public Purposes (R&PP) and FLPMA leases.

Objective: To protect uses on existing R&PP and FLPMA leases.

Exception: An exception to this stipulation may be granted by the Authorized Officer, if the operator submits a plan demonstrating that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The area affected by this stipulation may be modified by the Authorized Officer, if the land use authorization boundaries are modified.

Waiver: This stipulation may be waived by the Authorized Officer, if all land use authorizations within the leasehold have been terminated, canceled, or relinquished.

No Surface Occupancy

Resource: Recreation Sites

Stipulation: Surface occupancy and use are prohibited within developed recreation areas.

Objective: To protect developed recreation areas.

Exception: An exception to this stipulation may be granted by the Authorized Officer, if the operator submits a plan demonstrating that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The boundaries of the stipulated area may be modified by the Authorized Officer, if the recreation area boundaries are changed.

Waiver: This stipulation may be waived, if the Authorized Officer determines that the entire leasehold no longer contains developed recreation areas.

No Surface Occupancy

A 30-day public notice period will be required prior to modification or waiver of this stipulation.

Resource: Special Areas

Stipulation: Surface occupancy and use are prohibited within Areas of Critical Environmental Concern (ACECs) and Environmental Education Areas (EEAs).

Objective: To protect important historic, cultural, scenic values, natural resources, natural systems or processes, threatened and endangered animal species, and/or natural hazard areas of the ACEC or EEA.

Exception: An exception to this stipulation may be granted by the Authorized Officer, if the operator submits a plan demonstrating that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The boundaries of the stipulated area may be modified by the Authorized Officer, if the ACEC or EEA boundaries are changed.

Waiver: This stipulation may be waived, if the Authorized Officer determines that the entire leasehold no longer contains designated ACECs or EEAs.

No Surface Occupancy

Resource: Tyrrell and Dorena Seed Orchards.

Stipulation: Surface occupancy and use are prohibited within the Tyrrell and Dorena Seed Orchards.

Objective: To protect the Tyrrell and Dorena Seed Orchards.

Exception: An exception to this stipulation may be granted by the Authorized Officer, if the operator submits a plan demonstrating that impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The boundaries of the stipulated area may be modified by the Authorized Officer, if the Tyrrell and Dorena Seed Orchard site boundaries are changed.

Waiver: This stipulation may be waived, if the Authorized Officer determines that the entire leasehold no longer contains a developed seed orchard.

No Surface Occupancy

Resource: Wildlife - Great Blue Heron Rookery

Stipulation: Surface occupancy and use are prohibited within known great blue heron rookeries.

Objective: To protect great blue heron rookeries.

Exception: An exception may be granted by the Authorized Officer, if the operator submits a plan that demonstrates the proposed action will not affect the great blue heron or its habitat. If the Authorized Officer determines that the action may or will have an adverse effect on the species, the operator may submit a plan demonstrating that the impacts can be adequately mitigated. This plan must be approved by BLM.

Modification: The boundaries of the stipulated area may be modified, if the Authorized Officer determines that portion of the area can be occupied without adversely affecting the great blue heron or its habitat.

Waiver: This stipulation may be waived, if the Authorized Officer determines that the entire leasehold can be occupied without adversely affecting great blue heron rookeries.

No Surface Occupancy

Resource: Wildlife - Osprey Nest Sites

Stipulation: Surface occupancy and use is prohibited within a quarter mile of known osprey nest sites, which have been active within the past 7 years.

Objective: To protect osprey nest sites.

Exception: An exception may be granted by the Authorized Officer, if the operator submits a plan that demonstrates the proposed action will not affect the osprey or its nest site. If the Authorized Officer determines that the action may or will have an adverse effect on the species, the operator may submit a plan demonstrating that the impacts can be adequately mitigated. This plan must be approved by BLM.

Modification: The boundaries of the stipulated area may be modified, if the Authorized Officer determines that portion of the area can be occupied without adversely affecting the osprey or its nest site.

Waiver: This stipulation may be waived, if the Authorized Officer determines that the entire leasehold can be occupied without adversely affecting osprey or osprey nest sites.

No Surface Occupancy

A 30-day public notice period will be required prior to modification or waiver of this stipulation.

Resource: Riparian Reserves

Stipulation: Surface occupancy and use are prohibited within Riparian Reserves

Objective: To meet the objectives of the Aquatic Conservation Strategy (ACS) in order to protect the health of aquatic systems and their dependent species, including upland species that benefit from these areas.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan that demonstrates impacts from the proposed action are acceptable or can be mitigated so that the objectives of the ACS can be met.

Modification: The boundaries of the stipulated area may be modified if the Riparian Reserve boundaries are modified.

Waiver: This stipulation may be waived if it is determined that the leasehold no longer contains land that meets Riparian Reserve criteria.

Timing Limitation

Resource: Wildlife - Mineral Springs Utilized by the Band-tailed Pigeon

Stipulation: Surface occupancy and use are prohibited between March 1 and August 1, within an area with mineral springs utilized by the band-tailed pigeon.

Objective: To protect lands utilized by the band-tailed pigeon.

Exception: An exception may be granted by the Authorized Officer, if the operator submits a plan that demonstrates the proposed action will not affect the mineral springs or the band-tailed pigeon using those springs. If the Authorized Officer determines that the action may or will have an adverse effect on the species or habitat, the operator may submit a plan demonstrating that the impacts can be adequately mitigated. This plan must be approved by BLM.

Modification: The boundaries of the stipulated area may be modified, if the Authorized Officer determines that portions of the area can be occupied without adversely affecting the mineral springs or the band-tailed pigeon. The dates for the timing restriction may be modified, if new information indicates that the March 1 to August 1 dates are not valid for the leasehold.

Waiver: This stipulation may be waived, if the Authorized Officer determines that the entire leasehold can be occupied without adversely affecting the mineral springs or the band-tailed pigeon.

Controlled Surface Use

Resource: Soils

Stipulation: Prior to disturbance of any suspected unstable slopes or slopes over 60 percent, an engineering/reclamation plan must be approved by the Authorized Officer. Such plan must demonstrate how the following will be accomplished:

• Site productivity will be restored.
• Surface runoff will be adequately controlled.
• Off-site areas will be protected from accelerated erosion, such as rilling, gullying, piping, and mass wasting.
• Water quality and quantity will be in conformance with State and Federal water quality laws.
• Surface-disturbing activities will not be conducted during extended wet periods.
• Construction will not be allowed when soils are frozen.

Objective: To maintain soil productivity, provide necessary protection to prevent excessive soil erosion on steep slopes, and to avoid areas subject to slope failure, mass wasting, piping, or having excessive reclamation problems.

Exception: An exception to this stipulation may be granted by the Authorized Officer, if the operator submits a plan, which demonstrates that the impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The area affected by this stipulation may be modified by the Authorized Officer, if it is determined that portions of the area do not include suspected unstable slopes or slopes over 60 percent.

Waiver: This stipulation may be waived by the Authorized Officer, if it is determined that the entire leasehold does not include any suspected unstable slopes or slopes over 60 percent.

Controlled Surface Use

A 30-day public notice period will be required prior to modification or waiver of this stipulation.

Resource: Visual Resource Management (VRM) Class II.

Stipulation: All surface-disturbing activities, semipermanent and permanent facilities in VRM Class II areas may require special design including location, painting, and camouflage to blend with the natural surroundings, and meet the visual quality objectives for the area.

Objective: To control the visual impacts of activities and facilities within acceptable levels.

Exception: None.

Modification: None.

Waiver: This stipulation may be waived, if the Authorized Officer determines that there are no longer any VRM Class II areas in the leasehold.

Controlled Surface Use

Resource: Special Recreation Management Area (SRMA).

Stipulation: Unless otherwise authorized, drill site construction and access through special recreation management areas within this leasehold will be limited to established roadways.

Objective: To protect recreational qualities of the lands involved and recreational facilities, as well as enhance recreational opportunities within the designated boundary of the SRMA.

Exception: An exception to this stipulation may be granted by the Authorized Officer, if the operator submits a plan that demonstrates impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The area affected by this stipulation may be modified by the Authorized officer, if it is determined that portions of the area do not include SRMAs.

Waiver: This stipulation may be waived by the Authorized Officer, if it is determined that the entire leasehold no longer includes SRMAs.

Controlled Surface Use

Resource: Suitable or Eligible Recreational Rivers

Stipulation: All surface-disturbing activities, semipermanent and permanent facilities within a quarter mile of suitable or eligible rivers may require special design including location, painting, and camouflage to blend with the natural surroundings, and meet the recreational quality objectives for the area.

Objective: To control the impacts of mineral leasing activities on the recreational values of the river.

Exception: An exception to this stipulation may be granted by the Authorized Officer, if the operator submits a plan that demonstrates that the impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The area affected by this stipulation may be modified by the Authorized Officer, if it is determined that portions of the area do not include suitable or eligible recreational rivers.

Waiver: This stipulation may be waived, if the Authorized Officer determines that there are no longer any suitable or eligible recreational rivers in the leasehold.

Controlled Surface Use

Resource: Late-Successional Reserves

Stipulation: Unless otherwise authorized, drill site construction and access through Late-Successional Reserves within this leasehold will be limited to established roadways.

Objective: To protect vegetation, to retain and/or restore old growth forest.

Exception: An exception to this stipulation may be granted by the Authorized Officer, if the operator submits a plan that demonstrates impacts from the proposed action are acceptable or can be adequately mitigated.

Modification: The area affected by this stipulation may be modified by the Authorized Officer, if it is determined that portions of the area do not include Late-Successional Reserves.

Waiver: This stipulation may be waived by the Authorized Officer, if it is determined that the entire leasehold no longer includes Late-Successional Reserves.

Special Status Species Stipulation (to be attached to all leases)

Resources: Botany and Wildlife

Stipulation: Lands within this lease may be within the suitable habitat of the Federal Threatened (FT), Endangered (FE) or Proposed Threatened (PT) & Proposed Endangered (PE) species, either officially listed or proposed for listing as Threatened or Endangered species. If it is determined through an environmental review process that these species or their habitat exist within the lease, then all future post-lease operations will be analyzed and subjected to a U.S. Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) Section 7 consultation or conference to ensure the action is not likely to jeopardize the continued existence of the species or result in the destruction or adverse modification of critical habitat.

Lands within this lease may bear some or all of the species that have protected status as State Threatened (ST); State Endangered (SE); Federal Candidate (FC); Bureau Sensitive (BS) or are within the suitable habitat of these species. These species are protected by BLM policy as described in Manual 6840. All future post-lease operations must be analyzed, utilizing recent field data collected at the proper time of year to identify the presence of such species. If the field examination indicates that the proposed activity may adversely impact FC species, technical assistance will be obtained from FWS to ensure that actions will not contribute to the need to list a Federal Candidate as a Federal Threatened or Endangered species. Technical assistance may be obtained from FWS or NMFS to ensure that actions will not contribute to the need to list a ST, SE, or BS species as a Federal Threatened or Endangered species.

Therefore, prior to any surface disturbing activities or even the use of vehicles off existing roads on this lease, BLM approval is required. This restriction also applies to geophysical activities for which a permit is required. The approval is contingent upon the results of site-specific inventories for any of the above mentioned species. The timing of these inventories is critical. They must be conducted at a time of year appropriate to determine the presence of the species or its habitat. The lessee is hereby notified that the process may take longer than the normal 30 days and that surface activity approvals may be delayed.

If no FT, FE, PT, or PE species, or suitable habitat for such species, are found during the inventories, then no formal Section 7 consultation with the FWS or NMFS will be necessary, and the action will be processed using the procedures found in the applicable Oil and Gas Onshore Orders or Geothermal Resources Operational Orders. However, the lessee is hereby notified that, if any FT, FE, PT, PE, ST, SE, FC, or BS species are found during the inventories, or if the actions are proposed in designated or proposed critical habitat, then surface disturbing activities may be prohibited on portions of, or even all of the lease, unless an alternative is available that meets all of the following criteria: (a) The proposed action is not likely to jeopardize the continued existence of a Threatened or Endangered species; (b) The proposed action is not likely to destroy or adversely modify critical habitat for a Threatened or Endangered species; (c) The proposed action is consistent with the recovery needs in approved Fish and Wildlife Service or National Marine Fisheries Service recovery plans or BLM Habitat Management Plans for the Threatened or Endangered species; and (d) the proposed action will not contribute to the need to list species as Federal Threatened or Endangered.

Objective: To protect officially listed or proposed Threatened or Endangered plant or wildlife species; and to ensure that post leasing oil and gas or geothermal operations will not likely contribute to the need to list other special status species as Threatened or Endangered.

Exception: An exception may be granted by the Authorized Officer, if review of the proposed plan submitted by the operator indicates that the proposed action will have no effect on the species.

Modification: The boundaries of the stipulated area may be modified, by the Authorized Officer, if it is determined that portions of the area do not have any officially listed or proposed Threatened or Endangered species, Federal Candidate, State Threatened or Endangered species, or Bureau Sensitive species, or their habitat.

Waiver: This stipulation may be waived if the species is declared recovered and is no longer protected under the Endangered Species Act, or if other species found within the lease are no longer considered to be in the Federal Candidate, State Threatened or Endangered, or Bureau Sensitive categories.