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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)? How will BLM/FS notify me if a ROW or SUA is needed?

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Section V. Rights-of-Way and Special Use Authorizations

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Section v rights of way and special use authorizations l.jpg

Section V. Rights-of-Way and Special Use Authorizations

BLM and Forest Service


Objectives answer these questions l.jpg

Objectives: Answer these questions--

  • 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?

  • What is the review and approval process associated with a oil and gas ROW or SUA?


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Overview

  • Need for a Right-of-Way

  • Operator Notification

  • Review and Approval Process


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BLM Surface/Federal Minerals

Existing Road

Proposed road, powerline, etc

Proposed Well

Scenario 1

ROW not required for proposed oil and gas facilities on-lease


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ROW Required

Proposed Well

Scenario 2

ROW required for proposed oil and gas facilities downstream from custody transfer point, whether on or off lease

BLM Surface/Federal Minerals

Production Facility

Existing Road/Gathering Pipeline

ROW Required

Proposed road, pipeline, and

power line


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BLM Surface/Federal Minerals

Existing Road and Gathering Pipeline

Proposed access road, pipeline, & power line

Proposed Well

ROW Required

Scenario 3

ROW required for proposed oil and gas facilities off-lease

Lease A

Lease B

ROW Required


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BLM Surface/Federal Minerals

Unit or Communitization Agreement Boundary

ROW Required

Existing Road

Proposed access road, pipeline, & power line

Proposed Well

Scenario 4

ROW not required for proposed oil and gas facilities crossing multiple-leases within a Unit or Communitization Agreement

Lease A

Lease B

Lease C

Lease D

ROW Required

Lease F

Lease E

Lease G


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BLM Surface/Federal Minerals

Existing Road

Proposed road, pipeline,

& power line

Proposed Well

ROW Required

Scenario 5

ROW required for proposed oil and gas facilities owned by parties other than lessee or operator

ROW Required by Third Party Owner


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Operator Notification

Notification Opportunities

  • Within 10 days of receipt of APD

  • NOS Option

    • At the On-site

    • 7 days after the onsite

  • Other Notification


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Review and Approval Process

  • Include ROW proposal in SUPO

  • Concurrent rather than consecutive review and approval


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Forest Service

Special Use Authorization vs. SUPO

A changing policy


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Special Use Authorizations – Before the Reform Act

  • BLM had authority on lease

  • FS had authority off-lease.

  • Two authorizations needed – the APD and a Special Use Permit.


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FS Special Use Permit

NFS Lands - Pre-Reform Act

BLM approved well and road via APD

Well 14-6

15

14

Lease A

Lease B


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Special Use Authorizations – After the Reform Act

  • 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


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New FS Policy for Special Use Authorizations

Entire access road approved in Surface Use Plan of Operations

Well 14-6

15

14

Lease A

Lease B

No Special Use Permit needed


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Policy Transition

  • 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.


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Special Use Authorization Required

  • Pipelines downstream from meter or custody transfer point

  • Pipelines, roads, utilities located on- or off- lease owned/operated by someone other than leaseholder/operator


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Conclusion

  • 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?

  • What is the review and approval process associated with a Right-of-Way/Special Use Permit?


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