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UNITED STATES DEPARTMENT OF THE INTERIOR |
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BUREAU OF LAND MANAGEMENT |
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In Reply Refer To: |
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2880 (WO 350) P |
Instruction Memorandum No.
2003-197
Expires:
To: All
Field Officials
From: Assistant
Director, Minerals, Realty and Resource Protection
Subject: Interagency
Agreement - Interstate Natural Gas Pipelines
Program Area: Right-of-Way Management, Interstate Natural Gas
Pipeline Projects
Issue: This Instruction Memorandum (IM) provides BLM guidance
on implementing the “Interagency Agreement (Agreement) on Early Coordination of
Required Environmental and Historic Preservation Reviews Conducted in
Conjunction with the Issuance of Authorizations to Construct and Operate
Interstate Natural Gas Pipelines Certified by the Federal Energy Regulatory
Commission (FERC).” The Agreement, dated May 2002, is signed by ten Federal
agencies including the Department of the Interior. A copy of the Agreement is attached
(Attachment 1).
Background: Executive
Order (EO) 13212 issued on
The FERC is responsible for
authorizing the construction and operation of interstate natural gas
pipelines. It issues certificates of
public convenience and necessity for such pipelines under Section 7 of the Natural
Gas Act of 1938 (NGA), as amended, and authorizes the construction and siting
of facilities for the import or export of natural gas under Section 3 of the
NGA. It also authorizes the construction
and operation of natural gas pipelines pursuant to the Natural Gas Policy
Act. Typically, FERC has the overall
responsibility for determining whether projects are consistent with the public
convenience and necessity. FERC makes
this determination in part through the NEPA analysis process. For projects covered by the Agreement, the
FERC will also be the lead agency for preparation of the NEPA document unless, at the request of BLM or another
participating agency, FERC, in consultation with that agency, determines that
another agency better meets CEQ lead agency requirements. FERC, acting as lead agency for NEPA review,
will be the lead agency for all required consultation activities with the U.S.
Fish and Wildlife Service and National Marine Fisheries Service for compliance
with the Endangered Species Act and the Magnuson-Stevens Act, and for
compliance with Section 106 of the National Historic Preservation Act through
consultation with the appropriate State Historic Preservation Officer and
Indian tribes.
As an additional streamlining
effort, the FERC has recently offered an option to natural gas pipeline
companies whereby the FERC would commence the NEPA analysis of pipeline
projects prior to the filing of a complete application with the FERC. Prospective project proponents must meet
certain criteria to be eligible to participate in FERC’s NEPA Pre-Filing
Process, including contacting other Federal and State agencies in the project
area with relevant permitting requirements to determine their willingness and
ability to work within the timeframe of the NEPA Pre-Filing Process. Therefore, project proponents proposing to
use this option would be contacting the BLM at an earlier point than might
normally occur.
Policy/Action: The primary objective of the Agreement is to
encourage the concurrent review and to minimize the duplication of process and
thereby shorten the cumulative processing time in evaluating applications and
making permitting decisions for interstate natural gas pipeline projects. The Agreement is intended to accomplish the
objective by establishing an interagency approach to processing proposals and
applications. Participating agencies will commit to early and active engagement
in the review of a project proposal to identify and mitigate project specific
issues, concerns, barriers and environmental effects with the proponent and the
FERC, while ensuring that the responsibilities of each agency are met.
The Agreement emphasizes the
importance for the FERC to receive timely information from the participating
agencies at mutually agreed to times during project development and analysis.
Essentially the Agreement requires all participating agencies to commit to
early involvement in project review and analysis. By conducting an early initial review of a
prospective project, the participating agencies will be able to identify their
needs and requirements to the FERC as part of the NEPA Pre-Filing Process.
Recognizing the FERC Filing Procedures: A
reference paper (Attachment 1) has been prepared by the FERC, describing the
two processing options available to interstate natural gas pipeline project
proponents. Proponents have the
discretion to use one of these two procedures for any given project. However, note that use of the NEPA Pre-Filing
Process must be requested by the proponent and approved in advance by the
FERC. The two processing options are the
FERC’s:
A.
“Traditional
Filing process”; or
B.
The recently
adopted “NEPA Pre-Filing Process”
The FERC strongly encourages
project proponents to utilize the NEPA Pre-Filing Process because of the
benefits and efficiencies potentially gained from increased public and agency
involvement. To demonstrate the
difference between the two processing procedures, the FERC prepared a timeline
illustrating the traditional process vs. NEPA Pre-Filing Process. The FERC timeline is attached as Attachment
2. Additional information regarding the
FERC’s Pre-Filing Process can be found at the following website locations:
http://www.ferc.gov/gas/gas_prefiling.pdf
http://www.ferc.gov/gas/stakeholder.pdf
As soon as a project
proponent either files an application with the FERC, or submits to the FERC a
request to use the NEPA Pre-Filing Process, the FERC will assign an
Environmental Project Manager (PM). The
FERC PM will coordinate with the BLM as soon as possible to ensure that the BLM
requirements for processing a right-of-way application are addressed at the
early stages of an interstate gas pipeline project. The BLM will work with the
FERC, the lead agency, and with the other participating agencies to establish
the requirements, responsibilities and schedule for the NEPA document.
When contacted by the FERC
regarding a proposed project that includes the use and occupancy of public
lands, the BLM will respond in a letter to the FERC, signed by the appropriate
BLM line officer which will include the following:
1)
The BLM’s
commitment to be a cooperating agency in the project, including a commitment to
work closely with the FERC and other participating agencies in:
a)
Developing a
single environmental analysis that will be broad enough in scope to address
issues and concerns associated with the public lands and resources in order to approve,
or deny the right-of-way application; and
b)
Developing a
detailed schedule for the project that will allocate time needed to:
i)
collect
information, conduct studies and complete surveys;
ii)
solicit, review
and evaluate internal and external comments and concerns;
iii)
conduct an
environmental analysis of the potential impacts associated with the
construction, operation, maintenance and if appropriate the termination of all
proposed right-of-way facilities, including location of temporary use areas and
ancillary facilities;
iv)
write and review
reports;
v)
if necessary to
accommodate the proposed project, make the decision to amend a BLM resource
management plan; and
vi)
preparation of
authorizations, congressional notifications, plans of development, etc., to
authorize the project.
2)
Identification of
key contacts to coordinate internal review procedures: lead field office, lead
state, Authorized Officer for grant authorization and BLM project manager.
3)
Identification of
readily available land and resource information relative to the proposed
project. Including for example: land use
allocations, corridor designations in the proximity of the proposed route,
exclusionary areas, existing studies, data and information concerning the lands
and resources along the proposed route.
4)
Locating other
authorized or proposed facilities that might be impacted by the proposed
project.
5)
Identification of
known or anticipated concerns of the BLM, landowners, the public, or others
regarding the proposed project and if appropriate, possible means of mitigating
such concerns.
6)
Determining the
roles and responsibilities of all the participating agencies during the
construction and restoration stages of the project. This should include
selection and use of compliance/monitoring inspectors (both internal and third
party compliance inspectors), variance procedures, and jurisdictional
responsibilities.
Budget Impact: Budget
impacts should be minimal as long as
reimbursable accounts can be established early in the Pre-Filing Process. The
BLM currently encourages pre-application meetings and discussions with
right-of-way applicants and works cooperatively with FERC in the processing of
interstate natural gas pipeline rights-of-way.
Manual/Handbook Sections
Impacted: This IM and policy affect
BLM Manual 2880 Oil and Natural Gas Pipelines.
Coordination/Contacts: This IM has been coordinated
through the BLM Planning, Assessment and Community Support Group, BLM National
Energy Team, and the signatory agencies of the Agreement.
Any questions concerning the
content of this IM should be directed to the Washington Office, Lands and
Realty Group (WO-350) and the attention of Rick Stamm at (202) 452-5185 or by
Email at rick_stamm@blm.gov.
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Signed by: |
Authenticated by: |
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Bob Anderson |
Barbara J. Brown |
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Acting Assistant Director |
Policy & Records Group,
WO-560 |
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Minerals, Realty and Resource
Protection |
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3 Attachments
1-Interagency Agreement (10
pp)