National Environmental Policy Act (NEPA) Public Participation and Internet Register

United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Wyoming State Office
P.O. Box 1828
IN REPLY REFER TO: Cheyenne, Wyoming 82009-1828
3160 (921) P
1790 (930) P
September 30, 2009
EMS TRANSMISSION: October 5, 2009
Instruction Memorandum No. WY- 2009-037
Expires 09/30/2010
To: Field Managers and District Managers
From: State Director
Subject: National Environmental Policy Act (NEPA) Public Participation and Internet
Register
Program Areas: Fluid Minerals and Planning
Purpose: This Instruction Memorandum (IM) will provide the standards and guidance to Field
Offices for posting of oil and gas actions to the Bureau of Land Management (BLM) Wyoming
Internet National Environmental Policy Act (NEPA) Register. These postings will increase
opportunities for public participation in the BLM’s NEPA process for these actions.
Policy/Action: Currently, the Wyoming BLM Internet NEPA Register
(http://www.wy.blm.gov/nepa/search/) provides information about (1) Environmental
Assessments (EAs) and (2) Categorical Exclusions (CXs) to NEPA analysis under 43 CFR
46.205(a), including CXs applied in accordance with 516 DM 11.9(B). Effective October 1,
2009, the NEPA Register will be changed to also accept CXs applied under Section 390
(390CX’s) of the Energy Policy Act of 2005.
Beginning October 1, 2009, Field Offices are directed to begin entering 390CXs into the NEPA
register, and use the unique number generated by the NEPA Register in their final 390CX
documentation (see WY-IM-2006-10).
To make the oil and gas information more useful to the public, we have developed additional
standards for the use and maintenance of the NEPA Register. Field Offices are instructed to:
1. Enter project information into the NEPA Register and obtain the unique number within 5
business days of a project being received by the Field Office. For actions taken under 43
CFR 3160, projects that may require entry into the NEPA Register include Applications
for Permit to Drill (APDs), Sundry Notices (SNs), and Plans of Development (PODs) or
Master Development Plans (MDPs). The Energy Policy Act of 2005 also provided for
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the use of 390CX Category 4 to be used in Rights of Way (ROW). The “Start Date” is
the date that an APD is posted in the public room (43 CFR 3162.3-1(g)) or any other
proposal is date-stamped as “received” by the appropriate Field Office.
At the time the APD or other proposal is received, the Field Office is advised to make
their best prediction as to what type of NEPA documentation may be used. If, after
further review, the Field Office chooses to use a different form of NEPA documentation
(e.g., use an EA instead of an 390CX), the NEPA Register can be updated and the unique
number will reflect the change in document type – while keeping the same last three
digits as originally assigned.
2. The “Program” for fluid minerals actions in the NEPA Register should be either:
• Oil and Gas, or
• CBNG (reserved only for actions taken pursuant to exploration or development of
coalbed natural gas resources).
3. The “Project” description for all fluid minerals actions must include one or more of the
following notations if the proposal includes any one of the following three types of
permit applications:
• Applications for Permit to Drill: “APD”
• Sundry Notice: “SN”
• Master Development Plan/Plan of Development: “POD” (those actions submitted
by a proponent as a package, typically containing multiple APDs, a Master
Surface Use Plan, a Master Drilling Plan, and other components such as a Water
Management Plan)
This will allow the public and BLM to easily sort and identify these types of actions in
the Register.
To improve customer service we must timely post actions to the NEPA Register. Information in
the NEPA Register will be maintained current to within 5 business days or less. At a minimum,
NEPA Register information regarding the status of environmental documents will be updated
weekly.
The weekly update applies to NEPA Register information posted at two key dates in the
environmental review process: (1) receipt of a proposed action from the proponent, and (2) when
a NEPA decision document such as Decision Record has been signed.
These changes are intended to make the NEPA Register easier to use and query for members of
the public. As well, these changes will allow the BLM to use the NEPA Register in responding
to Departmental, Bureau, Congressional, and public inquiries.
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Time Frame: This IM is effective on October 1, 2009 and will be in effect unless formally
modified.
Budget Impacts: There will be negligible budget impacts.
Background: The electronic NEPA Register has been used in Wyoming since 2004
(see WY-IM-2004-17), and provides information about the most recent three fiscal years’ of
actions considered under NEPA.
Some members of the public have expressed a desire for the BLM to make actions related to
fluid mineral development more clearly identifiable in the NEPA Register. In addition, a recent
General Accounting Office (GAO) Report (GAO-09-072 – “Greater Clarity Needed to Address
Concerns with Categorical Exclusions for Oil and Gas Development under Section 390 of the
Act”) encouraged the BLM to use 390CX’s in a manner that ensures the public is “fully
informed of the environmental consequences of BLM’s actions.”
Manual/Handbook Sections Impacted: None.
Coordination: This IM was circulated among staff of WY921, WY930, and WY912.
If you have any questions, please contact Travis Bargsten (Physical Scientist, at 307-775-6197);
Janet Kurman (NEPA Specialist, at 307-775-6443), or Roger Alexander (Webmaster,
307-775-6047).
Signed by: Authenticated by:
Bill Hill Pamela D. Hernandez
Acting State Director Wyoming Central Files
Distribution
Director (310), Room 501, LS
CF