It is BLM policy that existing land use plan decisions remain in effect until an amendment or revision is complete or approved. Rather, when making leasing decisions, the BLM will exercise its discretion consistent with existing RMPs and the State Director should consult with the Headquarters Office HQ before deciding to defer leasing of any parcels.
H and VII. The primary purposes of IDCR Teams are to prepare lease stipulations that are written in a BLM approved format and are consistent within each state for the protection of similar resources or resource settings , [3] and with the goal to edge-match across administrative boundaries including consideration of the management directives of SMAs of adjacent lands. As appropriate, stipulations will use Adaptive Management principles to incorporate the best available science and address changing resource conditions.
Lease parcel reviews will be conducted and documented simultaneously with the NEPA compliance process for lease sales. State offices will extend field office review timeframes, as necessary, to ensure there is adequate time for the field offices to conduct comprehensive parcel reviews.
Field offices will form an Interdisciplinary Parcel Review IDPR Team of resource specialists to review lease sale parcels as part of compliance with NEPA and other legal and policy requirements for adequate review of parcels.
Lease sale parcel review may include the following step s:. The field offices will determine the need for additional information and develop strategies to obtain any data that may be required to support a leasing decision. A lease stipulation may be revised consistent with modification criteria found in the RMP, or through amendment, as necessary, given conditions or issues not anticipated in the RMP.
Site visits are not required and should only be considered when deemed necessary by the authorized officer on a case-by-case basis. Advanced technology and information of high quality, such as Geographic Information System GIS and existing scientific reports should be used to the greatest extent practicable. The field office may develop a risk-based approach for determining whether site visits are appropriate, based on criteria such as proximity to a sensitive resource, the adequacy of the RMP NEPA analysis to support subsequent decision-making, proximity to other development, tribal or stakeholder considerations, etc.
State and field offices will provide for public participation as part of the review of parcels identified for potential leasing through the NEPA compliance documentation process see section III.
State and field offices will identify groups and individuals with an interest in local BLM oil and gas leasing, including surface owners of split estate lands where Federal minerals are being considered for leasing. Interested groups, individuals, and potentially affected split estate surface owners [6] will be kept informed of field office leasing and NEPA activities through updated websites and email lists and will be invited to comment during the NEPA compliance process.
No additional coordination is required unless deemed necessary by the authorized officer, for example, to ensure that information is adequate to support the decision about whether to lease. Site-specific NEPA compliance documentation must incorporate appropriate information gained through the lease parcel review process described above.
In accordance with this IM, the NEPA compliance documentation for oil and gas leasing must include an opportunity for public review, as described below, and the field office must verify that all legal requirements have been met e. After consideration of any public comments received on the document, the field office will either finalize the DNA or initiate other appropriate NEPA compliance review.
It is expected that the DNA process will only be appropriate in cases where the existing NEPA documentation has adequately incorporated the most current program-specific guidance. Most parcels that the field office determines should be available for lease will require site-specific NEPA analysis. Scoping for these EAs is optional; however, the interdisciplinary review of lease sale parcels will provide input on the issues, impacts, and potential alternatives to be addressed in the EA.
The EA will analyze a no action alternative no leasing , a proposed leasing action leasing the parcel s in conformance with the land use plan , and any alternatives to the proposed action that may address unresolved resource conflicts. In cases where the field office determines that the necessary terms and conditions under which leasing would be appropriate are not in conformance with the RMP, it will be necessary to amend the RMP before leasing is appropriate. If it is necessary to amend the RMP, the leasing EA or EIS must either meet the standards for NEPA documentation to support a plan amendment see 43 CFR part , or the affected lease parcels must be withdrawn or deferred from leasing until a plan amendment or revision can be completed at a later date.
Note: Plan amendments are subject to additional public involvement and protest requirements 43 CFR The state office must post the Notice of Competitive Lease Sale sale notice at least 45 days prior to the start of the lease sale, consistent with the Mineral Leasing Act, 30 U.
Posting the sale notice involves posting it on the state office website, including on the ePlanning project page for the sale, with a link to the leasing website; posting the sale notice in NFLSS; and making it available in the public room. Field or state offices will post the NEPA compliance documentation on the BLM ePlanning website and in the public room at least 45 days prior to the start of the sale. For online lease sales, the state office will coordinate with the internet auction provider as needed.
No parcels will be withdrawn from lease sale during the active bidding period. A day protest period will begin the day the sale notice is posted. The process outlined in this IM—which includes site-specific parcel analysis and increased public participation—will help identify, address, and resolve most issues before the lease sale.
When possible, state offices should attempt to resolve protests before the sale of the protested parcels. Protests that are not resolved do not prevent bidding on protested parcels at the auction. Protest decisions should advise the protesting parties of their right to appeal denied protests to the Interior Board of Land Appeals IBLA , but that appeals will not automatically halt the auction or issuance of leases.
If a state office is unable to resolve all protests before the date of a sale, the sale should proceed, and the state office should resolve the protests and decide whether to issue the affected leases within 60 days after the BLM receives full payment from the successful bidder for the bonus bids, first year rentals, and administrative fees.
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