Update to Reporting Procedures and Policy for Congressional Notification for Pipelines 24 Inches in Diameter or Larger Permitted Under the Mineral Leasing Act
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
http://www.blm.gov
December 1, 2017
In Reply Refer To:
2880 (301) P
EMS TRANSMISSION 12/12/18
Permanent Instruction Memorandum No. 2018-003
To: All Field Office Officials
From: Assistant Director, Energy, Minerals, and Realty Management
Subject: Update to Reporting Procedures and Policy for Congressional Notification for Pipelines 24 Inches in Diameter or Larger Permitted Under the Mineral Leasing Act
Program Area: Rights-of-Way Management
Purpose: This Instruction Memorandum (IM) updates guidance to the Bureau of Land Management (BLM) offices on standards and procedures for Congressional notification of qualifying rights-of-way (ROW) pursuant to the Mineral Leasing Act of 1920, as amended (30 U.S.C. § 185) (2006) (the Act). This rescinds and replaces WO IM No. 2017-017, Reporting Procedures and Policy for Congressional Notification for Pipelines 24 Inches in Diameter or Larger Permitted Under the Mineral Leasing Act dated January 9, 2017.
Policy/Action: Section 28(w)(2) of the Act provides that the appropriate House and Senate Committees be notified of applications received for ROWs for pipelines of 24 inches or more in diameter to transport oil, natural gas, synthetic liquid, or gaseous fuels or any refined product. The Act further provides in Section 28(w)(2) that no ROW across Federal lands shall be granted for such a pipeline until a notice of intention to grant such ROW has been submitted to the respective Committees. P.L. 101-475, 104 Stat. 1102 (Oct. 30, 1990) amended the Mineral Leasing Act in 1990 to eliminate a 60-day waiting period between submittal of Congressional notification and granting of the right-of-way, and this IM does not require such a waiting period.
All Field Officials shall ensure that the ROW notification procedures for applications for new and renewal of pipeline projects 24 inches in diameter or larger permitted under the Act adhere to Section 28(w)(2) of that law and the policy and guidance herein. This policy does not apply to amendments of existing pipelines unless the amendment proposes significant modifications, route changes, expanded facilities, etc., sufficient to require the preparation of an environmental impact statement. This policy also does not apply to assignments of ROWs or Temporary Use Permits (TUP).
This policy adheres to 43 CFR 2884.27 except with respect to TUPs. While the regulations require Congressional notification for TUP applications for pipelines of 24 inches or more, Section 28(w)(2) of the Act does not include such a notification requirement. The BLM plans to revise its regulations to remove the requirement to notify Congress of TUPs.
Information Packet for Congressional Notification of a New Application
Within 30 days of acceptance of a complete application for a new ROW for a pipeline 24 inches or more in diameter, the Lead State Office will assemble and upload a Congressional notification information packet via the Data Tracking System (DTS) to the WO-301 Chief, National Renewable Energy and Rights-of-Way Coordination Office. The information packet will contain the following information:
1. The BLM Administrative States, BLM points of contact, and proponent points of contact;
2. A brief project summary (1-2 pp.) identifying general details and purpose of the project containing, but not limited to:
a. Purpose and description of pipeline, including ancillary facilities;
b. Year project construction is to begin, when it will be completed and who it will benefit (users) (for renewals provide year completed and benefit users);
c. Total miles of project and miles of ROW across public lands; and
d. Major features which may be involved, e.g., Indian reservations and Indian lands, wildlife refuges, wilderness areas, national parks, rivers, geology, etc.;
3. A color, 8 ½ x 11 inch map or maps identifying the proposed pipeline and facilities, created using Geospatial Information Systems (GIS) and scaled appropriately for understanding the project scope and areas affected; and
4. A transmittal memo signed by the State Director or delegates, which may include other pertinent information relevant to expediting or clarifying the subject congressional review.
Information Packet for Congressional Notification of Proposed Granting of the Right-of-Way
After National Environmental Policy Act (NEPA) requirements have been satisfied, the lead state office will assemble and upload another Congressional notification information packet via DTS to the WO-301 Chief, National Renewable Energy and Rights-of-Way Coordination Office. The information packet will contain the same package including the proposed grant and full set of stipulations and a color, 8 ½ x 11 inch map or maps identifying the location of the pipeline and facilities, created using GIS and scaled appropriately for understanding the project scope and areas affected.
Information Packet for Congressional Notification of a Renewal
After NEPA requirements have been satisfied on a renewal, the lead state office will assemble and upload a Congressional notification information packet via DTS to the WO-301 Chief, National Renewable Energy and Rights-of-Way Coordination Office. The information packet will contain:
1. The BLM Administrative States, BLM points of contact, and proponent points of contact;
2. A brief project summary (1-2 pp.) identifying general details and purpose of the project containing, but not limited to:
a. Purpose and description of pipeline, including ancillary facilities;
b. Total miles of project and miles of ROW across public lands;
3. The proposed grant and full set of stipulations; >
4. A color, 8 ½ x 11 inch map or maps identifying the location of the pipeline and facilities, created using GIS and scaled appropriately for understanding the project scope and areas affected; and
5. A transmittal memo signed by the State Director or delegates, which may include other pertinent information relevant to expediting or clarifying the subject congressional review.
Congressional Notification Letters
Upon receipt of the information packet, the WO-301 Pipelines ROW lead will prepare Congressional notification letters to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources (the Committees) for Directorate signature. Copies of the information packets will be attached to the Congressional notification letters. These letters will provide Congress with the required notification that the BLM has received an application and plans to grant a ROW for a pipeline of 24 inches or more in diameter. The BLM state office will be routed a copy of the signed Congressional notification letters via DTS.
The WO-301 will notify the lead state if the Committees need additional information or if there are questions. Based on the 1990 amendment to Section 28(w) of the Mineral Leasing Act and the BLM’s implementing regulations at 43 CFR 2884.27, the BLM field office may proceed to sign the ROW grant once the notification letters have been signed and sent to the appropriate House and Senate Committees.
Timeframe: This IM is effective immediately. All new and pending projects not previously submitted to WO-301 for Congressional notification will be processed under the new policy.
Budget Impact: Preparing notification packages for Congress regarding pipelines larger than 24 inches in diameter will have minimal budget impact. The cost of preparing the notification packages should be charged to the proponent in most cases under cost recovery.
Background: Under Section 28(w) of the Mineral Leasing Act (30 U.S.C. § 185(w)), the Secretary or agency head is required to notify the House and Senate Committees on Interior and Insular Affairs promptly upon receipt of an application, and again prior to the issuance of ROW, for a pipeline 24 inches or more in diameter. This requirement has been codified at 43 CFR 2884.27.
Manual/Handbook Sections Affected: This IM transmits interim policy that will be incorporated into MS-2884 at Section .20 and MS-2887 at Section .12 during the next revision.
Coordination: This IM was coordinated with the BLM WO-301, WO-350, state office and field office realty staff.
Contact: If you have any questions concerning the content of this IM, please contact Stephen Fusilier, Acting Chief, National Renewable Energy and Rights-of-Way Coordination Office (WO-301) at 202-912-7148 or sfusilie@blm.gov or Erica Pionke, Realty Specialist (WO-301) at 202-912-7219 or epionke@blm.gov.
Signed by:
Timothy R. Spisak, Assistant Director, Energy, Minerals, and Realty Management
Authenticated by:
Catherine Emmett, WO-870 IT Policy and Planning
1 Attachment
1 - Sample Contacts and Summary sheet (2 pp)