43 C.F.R. § 3171.4

Current through November 30, 2024

Section 3171.4 - Definitions

As used in this subpart, the following definitions apply:

Best Management Practices (BMP) means practices that provide for state-of-the-art mitigation of specific impacts that result from surface operations. Best Management Practices are voluntary unless they have been analyzed as a mitigation measure in the environmental review for a Master Development Plan, Application for Permit to Drill (APD), Right-of-Way, or other related facility and included as a Condition of Approval.

Blooie line means a discharge line used in conjunction with a rotating head in drilling operations when air or gas is used as the circulating medium.

Casual use means activities involving practices that do not ordinarily lead to any appreciable disturbance or damage to lands, resources, or improvements. This term does not apply to private surface. Casual use includes surveying activities.

Complete APD means that the information in the APD package is accurate and addresses all of the requirements of this subpart. The onsite inspection verifies important information that is part of the APD package and is a critical step in determining if the package is complete. Therefore, the onsite inspection must be conducted, and any deficiencies identified at the onsite corrected, before the APD package can be considered to be complete. While cultural, biological, or other inventories and environmental assessments (EA) or environmental impact statements (EIS) may be required to approve the APD, they are not required before an APD package is considered to be complete.

(1) The APD package must contain:

(i) A completed Form 3160-3 (Application for Permit to Drill or Reenter) (see 43 CFR 3162.3-1(d) );

(ii) A well plat certified by a registered surveyor with a surveyor's original stamp (see § 3171.6(b) );

(iii) A drilling plan (see 43 CFR 3162.3-1(d) and 3171.7 );

(iv) A Surface Use Plan of Operations (see 43 CFR 3162.3-1(d) and 3171.8 );

(v) Evidence of bond coverage (see 43 CFR 3162.3-1(d) and 3171.9 );

(vi) Operator certification with original signature (see § 3171.10 ); and

(vii) Other information that may be required by order or notice (see 43 CFR 3162.3-1(d) (4)).

(2) The BLM and the surface managing agency, as appropriate, will review the APD package and determine that the drilling plan, the Surface Use Plan of Operations, and other information that the BLM may require (43 CFR 3162.3-1(d)(4) ), including the well location plat and geospatial databases, completely describe the proposed action.

Condition of Approval (COA) means a site-specific requirement included in an approved APD or Sundry Notice that may limit or amend the specific actions proposed by the operator. Conditions of Approval minimize, mitigate, or prevent impacts to public lands or other resources. Best Management Practices may be incorporated as a Condition of Approval.

Days means all calendar days including holidays.

Emergency repairs means actions necessary to correct an unforeseen problem that could cause or threaten immediate substantial adverse impact on public health and safety or the environment.

Geospatial database means a set of georeferenced computer data that contains both spatial and attribute data. The spatial data defines the geometry of the object and the attribute data defines all other characteristics.

Indian lands means any lands or interest in lands of an Indian tribe or an Indian allottee held in trust by the United States or which is subject to a Federal restriction against alienation.

Indian oil and gas means any oil and gas interest of an Indian tribe or on allotted lands where the interest is held in trust by the United States or is subject to Federal restrictions against alienation. It does not include minerals subject to the provisions of section 3 of the Act of June 28, 1906 (34 Stat. 539), but does include oil and gas on lands administered by the United States under section 14(g) of Public Law 92-203 , as amended.

Master Development Plan means information common to multiple planned wells, including drilling plans, Surface Use Plans of Operations, and plans for future production.

National Forest System lands means those Federal lands administered by the U.S. Forest Service, such as the National Forests and the National Grasslands.

Onsite inspection means an inspection of the proposed drill pad, access road, flowline route, and any associated Right-of-Way or Special Use Authorization needed for support facilities, conducted before the approval of the APD or Surface Use Plan of Operations and construction activities.

Private surface owner means a non-Federal or non-State owner of the surface estate and includes any Indian owner of surface estate not held in trust by the United States.

Reclamation means returning disturbed land as near to its predisturbed condition as is reasonably practical.

Split estate means lands where the surface is owned by an entity or person other than the owner of the Federal or Indian oil and gas.

Surface managing agency means any Federal or State agency having jurisdiction over the surface overlying Federal or Indian oil and gas.

Variance means an approved alternative to a provision or standard of an order or Notice to Lessee.

43 C.F.R. §3171.4

88 FR 39516 , 6/16/2023