Section V. Rights-of-Way and Special Use Authorizations BLM and Forest Service

Objectives: Answer these questions-- When do I need to apply for a Right-of- Way (ROW) or Special Use Authorization (SUA)? When do I need to apply for a Right-of- Way (ROW) or Special Use Authorization (SUA)? How will BLM/FS notify me if a ROW or SUA is needed? How will BLM/FS notify me if a ROW or SUA is needed? What is the review and approval process associated with a oil and gas ROW or SUA? What is the review and approval process associated with a oil and gas ROW or SUA?

Overview Need for a Right-of-Way Need for a Right-of-Way Operator Notification Operator Notification Review and Approval Process Review and Approval Process

Scenario 1 BLM Surface/Federal Minerals Existing Road Proposed road, powerline, etc Proposed Well ROW not required for proposed oil and gas facilities on-lease

Scenario 2 BLM Surface/Federal Minerals Existing Road/Gathering Pipeline Proposed road, pipeline, and power line Proposed Well Production Facility ROW Required ROW required for proposed oil and gas facilities downstream from custody transfer point, whether on or off lease

Scenario 3 BLM Surface/Federal Minerals Existing Road and Gathering Pipeline Proposed access road, pipeline, & power line Proposed Well Lease ALease B ROW Required ROW required for proposed oil and gas facilities off-lease

Scenario 4 BLM Surface/Federal Minerals Existing Road Proposed access road, pipeline, & power line Proposed Well Lease F Lease GLease E Lease BLease CLease D ROW Required Unit or Communitization Agreement Boundary Lease A ROW Required ROW not required for proposed oil and gas facilities crossing multiple-leases within a Unit or Communitization Agreement

Scenario 5 BLM Surface/Federal Minerals Existing Road Proposed road, pipeline, & power line Proposed Well ROW Required ROW Required by Third Party Owner ROW required for proposed oil and gas facilities owned by parties other than lessee or operator

Operator Notification Notification Opportunities –Within 10 days of receipt of APD –NOS Option At the On-site At the On-site 7 days after the onsite 7 days after the onsite –Other Notification

Review and Approval Process Include ROW proposal in SUPO Include ROW proposal in SUPO Concurrent rather than consecutive review and approval Concurrent rather than consecutive review and approval

Forest Service Special Use Authorization vs. SUPO A changing policy

Special Use Authorizations – Before the Reform Act Special Use Authorizations – Before the Reform Act BLM had authority on lease BLM had authority on lease FS had authority off-lease. FS had authority off-lease. Two authorizations needed – the APD and a Special Use Permit. Two authorizations needed – the APD and a Special Use Permit.

NFS Lands - Pre-Reform Act Lease BLease A Well BLM approved well and road via APD FS Special Use Permit

Special Use Authorizations – After the Reform Act The FS has authority to regulate all surface disturbance on NFS lands. The FS has authority to regulate all surface disturbance on NFS lands. Order 1 does not dictate when SUA’s are used or limit the extent of SUPO approval Order 1 does not dictate when SUA’s are used or limit the extent of SUPO approval

New FS Policy for Special Use Authorizations Lease BLease A Well Entire access road approved in Surface Use Plan of Operations No Special Use Permit needed

Policy Transition Onshore Order #1 allows for the new policy but FS Regulation and Manual changes are needed to fully implement it. Onshore Order #1 allows for the new policy but FS Regulation and Manual changes are needed to fully implement it. Existing Special Use Permits will be adjusted when due for renewal or when workload allows. Existing Special Use Permits will be adjusted when due for renewal or when workload allows.

Special Use Authorization Required Pipelines downstream from meter or custody transfer point Pipelines downstream from meter or custody transfer point Pipelines, roads, utilities located on- or off- lease owned/operated by someone other than leaseholder/operator Pipelines, roads, utilities located on- or off- lease owned/operated by someone other than leaseholder/operator

Conclusion When do I need to apply for a Right- of-Way/Special Use Permit? When do I need to apply for a Right- of-Way/Special Use Permit? How will BLM/FS notify me if a Right- of-Way/Special Use Permit is needed? How will BLM/FS notify me if a Right- of-Way/Special Use Permit is needed? What is the review and approval process associated with a Right-of- Way/Special Use Permit? What is the review and approval process associated with a Right-of- Way/Special Use Permit?