Department of the
Interior
Departmental Manual
Effective Date: 5/27/04
Series: Environmental
Quality Programs
Part 516: National
Environmental Policy Act of 1969
Chapter 15: Managing
the NEPA Process--Minerals Management Service
Originating Office: Minerals Management Service
516 DM 15
15.1 Purpose. This Chapter provides supplementary
requirements for implementing provisions of 516 DM 1 through 6 within the
Department’s Minerals Management Service.
This Chapter is referenced in 516 DM 6.5.
15.2 NEPA
Responsibility.
A. The
Director/Deputy Director are responsible for NEPA
compliance for Minerals Management Service (MMS) activities.
B. The
Associate Director for Offshore Minerals Management is responsible for ensuring
NEPA compliance for all offshore MMS activities.
C. The
Chief, Offshore Environmental Assessment Division (OEAD), is responsible for
NEPA-related policy and guidance for MMS activities, including monitoring MMS
activities to ensure NEPA compliance, assuring the quality control of MMS
environmental documents, and managing the review of non-MMS environmental
documents. The office is the focal point
for all NEPA matters and information about MMS environmental documents or the
NEPA process can be obtained by contacting it or the appropriate Region.
D. The
Regional Directors are responsible to the Associate Director for Offshore
Minerals Management for overall direction and integration of the NEPA process
into their activities and for NEPA compliance in their Regions.
15.3 Guidance to
Applicants.
A. General.
(1) Applicants should make initial contact with
the Regional Director of the office where the affected action is located.
(2) Potential applicants may secure from
Regional Directors a list or program regulations or other directives/guidance
providing advice or requirements for submission of environmental
information. The purpose of making these
regulations known to potential applicants in advance is to assist them in
presenting a detailed, adequate, and accurate description of the proposal and
alternatives when they file their application and to minimize the need to
request additional information. This is
a minimum list, and additional requirements may be identified after detailed
review of the formal submission and during scoping.
B. Regulations. The following partial list identifies MMS
Outer Continental Shelf (OCS) regulations and other guidance which may apply to
a particular application.
(1) Grants of pipeline rights-of-way and
related facilities on the OCS (30 CFR Part 256, Subpart N).
(2) Exploration, development and production
activities, Environmental Report (30 CFR Part 250, Sec. 250.34-3).
(3) Air quality (30 CFR Part 250, Sec. 250,57).
(4) Geological and geophysical explorations of
the OCS (30 CFR Part 251. Sec. 251.6-2(b)).
(5) OCS Pipelines Rights-of-Ways. A Procedure Handbook.
(6) Guidelines for Preparing OCS Environmental
Reports.
15.4 Major Actions
Normally Requiring an EIS.
A. The following proposals will normally
require the preparation of an EIS:
(1) Approval of a 5-year offshore oil and gas
leasing program.
(2) Approval of offshore lease sales.
(3) Approval of an offshore oil and gas
development and production plan in any area or region of the offshore, other
than the central or western Gulf of Mexico, when the plan is declared to be a
major Federal action in accordance with section 25(e)(1) of the OCS Lands Act
Amendments of 1978.
B. If, for any of these actions, it is
proposed not to prepare an EIS, an environmental assessment will be prepared
and handled in accordance with Section 1501.4(e)(2).
15.4 Categorical
Exclusions. In addition to the
actions listed in the Departmental categorical exclusions outlined in Appendix 1
of 516 DM 2, many of which the MMS also performs, the following MMS actions are
designated categorical exclusions unless the action qualifies as an exception
under Appendix 2 of 516 DM 2:
A. General.
(1) Inventory, data, and information
collection, including the conduct of environmental monitoring and
nondestructive research programs.
(2) Actions for which MMS has concurrence or
co-approval with another Bureau if the action is a categorical exclusion for
that Bureau.
B. Internal Program Initiatives.
(1) All resource evaluation activities
including surveying, mapping, and geophysical surveying which do not use solid
or liquid explosives.
(2) Collection of geologic data and samples
including geologic, paleontologic, mineralogic, geochemical, and geophysical
investigations which does not involve drilling beyond 50 feet of consolidated
rock or beyond 300 feet of unconsolidated rock, including contracts therefor.
(3) Acquisition of existing geological or
geophysical data from otherwise private exploration ventures.
(4) Well logging, digital modeling. inventory of existing wells, and installation of recording
devices in wells.
(5) Establishment and installation of any
research/monitoring devices.
(6) Test or exploration drilling and downhole
testing included in a project previously subject to the NEPA process.
(7) Insignificant revisions to the approved
5-year leasing program.
(8) Prelease planning
steps such as the Call for Information and Area Identification.
C. Permit and Regulatory Functions.
(1) Issuance and modification of regulations,
Orders, Standards, Notices to Lessees and Operators. Guidelines and field rules for which the
impacts are limited to administrative, economic, or technological effects and
the environmental impacts are minimal.
(2) Approval of production measurement methods,
facilities, and procedures.
(3) Approval of off-lease storage in existing
facilities.
(4) Approval of unitization agreements,
pooling, or communitization agreements.
(5) Approval of commingling of production.
(6) Approval of suspensions of operations and
suspensions of production.
(7) Approval of lease consolidation
applications, lease assignments or transfers, operating rights, operating
agreements, lease extensions, lease relinquishments, and bond terminations.
(8) Administration decisions and actions and
record keeping such as:
(a) Approval of applications for pricing
determinations under the Natural Gas Policy Act.
(b) Approval of underground gas storage
agreements from a presently or formerly productive reservoir.
(c) Issuance of paying well determinations and
participating area approvals.
(d) Issuance of drainage determinations.
(9) Approval of offshore geological and
geophysical mineral exploration activities, except when the proposed activity
includes the drilling of deep stratigraphic test
holes or uses solid or liquid explosives.
(10) Approval of an offshore lease or unit
exploration. development/production plan or a Development Operation
Coordination Document in the central or western Gulf of Mexico (30 CFR 250.2)
except those proposing facilities: (1)
In areas of high seismic risk or seismicity,
relatively untested deep water, or remote areas, or (2) within the boundary of
a proposed or established marine sanctuary, and/or within or near the boundary
of a proposed or established wildlife refuge or areas of high biological
sensitivity; or (3) in areas of hazardous natural bottom conditions; or (4)
utilizing new or unusual technology.
(11) Approval of minor revisions of or minor
variances from activities described in an approved offshore exploration or
development/production plan, including pipeline applications.
(12) Approval of an Application for Permit to
Drill (APD) an offshore oil and gas exploration or development well, when said
well and appropriate mitigation measures are described in an approved
exploration plan, development plan, production plan, or Development Operations
Coordination Document.
(13) Preliminary activities conducted on a lease
prior to approval of an exploration or development/production plan or a
Development Operations Coordination Plan.
These are activities such as geological, geophysical, and other surveys
necessary to develop a comprehensive exploration plan, development/production
plan, or Development Operations Coordination Plan.
(14) Approval of Sundry Notices and Reports on
Wells.
(15) Rights-of-ways, easements, temporary use
permits, and any revisions thereto that do not result in a new pipeline
corridor to shore.
D. Royalty Functions. All functions of the Associate Director for
Royalty Management including, but not limited to, such activities as: approval of royalty payment procedures,
including royalty oil contracts; and determinations concerning royalty
quantities and values, such as audits, royalty reductions, collection
procedures, reporting procedures, and any actions taken with regard to royalty
collections (including similar actions relating to net profit and windfall
profit taxes).