National Park Service to revise non-federal oil and gas regulations
National Park Service News Release
FOR IMMEDIATE RELEASE – Dec. 22, 2009
Contact: David Barna (202) 208-6843
Carol McCoy (303) 969-2096
Ed Kassman, (303) 969-2146
National Park Service to revise non-federal oil and gas regulations
WASHINGTON – On November 25, 2009, the National Park Service published in
the Federal Register (74 FR 61596) an Advance Notice of Proposed Rulemaking
to obtain early public input to help the Agency in its effort to revise its
Servicewide regulations governing the exercise of non-federal (both private
and state held) oil and gas rights in parks at 36 CFR Part 9, Subpart B.
Nonfederal oil and gas rights exist in units of the National Park System
because 1) the rights predate the creation of the units, 2) they are
encumbrances on lands added to parks through boundary expansions, or 3) in
Alaska, the rights are part of the selections made by Native Corporations
under the Alaska Native Claims Settlement Act. Currently, 13 of the 392
park units servicewide have active non-federal oil and gas operations.
The National Park Service first promulgated the 9B regulations more than 30
years ago. The regulations have not been substantively revised since.
These regulations, as described under the current rule, are “designed to
insure that activities undertaken pursuant to these rights are conducted in
a manner consistent with the purposes for which the National Park System
and each unit thereof were created, to prevent or minimize damage to the
environment and other resource values, and to insure to the extent feasible
that all units of the National Park System are left unimpaired for the
enjoyment of future generations.” The regulations require a prospective
nonfederal oil and gas operator to submit and obtain National Park Service
approval of a plan of operations, and post a bond prior to commencing
activities inside park boundaries.
Through this Advance Notice of Proposed Rulemaking the National Park
Service hopes to obtain public input on the following topics:
*Options for bringing exempt operators (currently 53% of operations
servicewide) under the umbrella of the regulations,
*Ways to enhance the incentives for operators to develop their oil and gas
rights in parks by using directional drilling techniques from surface
facilities located outside park boundaries,
*Alternative methods of assuring that the NPS is protected in the event an
operator defaults on its operational and reclamation obligations,
*Ideas on how to improve operating standards,
*Ways to assure regulatory compliance, including enforcement; and
*Reaction to possible access fees for crossing federally owned land in
parks.
The Advance Notice of Proposed Rulemaking comment period is open for a
total of 60 days and closes January 25, 2010. The 13 units of the national
park system affected by non-federal oil and gas operations are Alibates
Flint Quarries National Monument (TX), Aztec Ruins National Monument (NM),
Big Cypress National Preserve (FL), Big Thicket National Preserve (TX), Big
South Fork National River and Recreation Area (TN, KY), Cuyahoga Valley
NP(OH), Fort Union Trading Post National Historic Site (ND), Gauley River
National River (WV), Lake Meredith National Recreation Area (TX), New River
Gorge National River (WV), Obed Wild and Scenic River(TN), Padre Island
National Seashore (TX), Tallgrass Prairie National Preserve(KS)
For further information please contact Carol McCoy, Chief, Planning,
Evaluation and Permits Branch, National Park Service, Geologic Resources
Division, 303-969-2096, or Ed Kassman, Regulatory Specialist, National Park
Service, Geologic Resources Division, 303-969-2146.
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