US Codex
C.F.R.
Browse by date

View an earlier version

Latest
Current
Browse all versions by date
Notes

36 C.F.R. §§ 9.70–9.73

4 sections in range

§9.70. Do I need an operations permit for accessing oil and gas rights from outside the System unit boundary?

36 C.F.R. § 9.70

Your downhole operations inside a System unit are subject to these regulations. If you wish to access your oil and gas rights located inside a System unit from a surface location outside the unit, you must submit the information required by § 9.71. We will evaluate this information and may request that you apply for an operations permit. We will require an operations permit for such operations only if we determine that downhole permit requirements are needed to protect against a significant threat of damage to:
(a)
Federally owned or administered lands, waters, or resources within System units;
(b)
NPS visitor uses or experiences; or
(c)
Visitor or employee health or safety.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

§9.71. What information must I submit to the NPS?

36 C.F.R. § 9.71

You must provide the information required by this section to the Superintendent of the System unit. You must provide all of the following.
(a)
The names and contact information of—
(1)
The operator;
(2)
The owner; and
(3)
The individuals responsible for overall management, field supervision, and emergency response of the proposed operations.
(b)
Documentation demonstrating that you hold a right, and the extent of such right, to operate within the System unit.
(c)
Maps and plats to scale showing the boundaries of each of the oil or gas rights that are relevant to your proposed operations within the System unit boundary.
(d)
Maps and plats to scale showing all proposed surface uses (well site, access route, flowlines, production facilities) that occur outside the System unit.
(e)
Information regarding downhole operations and conditions, including—
(1)
Description, including depths, thicknesses, and properties of geologic horizons between the target zone and the base of the deepest aquifer;
(2)
Drilling plan, including directional-drilling program, horizontal distance along the wellbore's path from well's surface location to the System unit boundary, depth at which wellbore crosses the boundary, and timeline for operations;
(3)
Casing, cementing, and mud programs;
(4)
Stimulation programs; and
(5)
Well plugging and abandonment program.
(f)
If you propose hydraulic fracturing, then you must also provide the information required by § 9.89.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

§9.72. How will the NPS act on my submission?

36 C.F.R. § 9.72

(a)
Within 30 days after receiving your submission under § 9.71, the Superintendent will notify you in writing that your information is complete, you need to submit more information, or we need more time to review your submission.
(b)
After NPS receives your complete submission, and completes compliance with applicable federal laws, including the National Environmental Policy Act, the Superintendent will notify you in writing within 30 days that either:
(1)
No further action is required by the NPS and you are exempt from the operations permit requirement; or
(2)
You must obtain an operations permit.
(c)
If you need an operations permit, the information provided under § 9.71 is your permit application and the NPS will review your application under §§ 9.100 through 9.104.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

§9.73. If I don't need an operations permit, are there still requirements that I must meet?

36 C.F.R. § 9.73

If the NPS notifies you under § 9.72 that you do not need an operations permit, your operations are still subject to the general terms and conditions in §§ 9.120 through 9.122, the prohibitions and penalties in §§ 9.180 through 9.182, and the requirements in this section.
(a)
You must notify the NPS within 30 days if the methods or the environmental conditions of your downhole operations materially change.
(b)
The Regional Director may notify you in writing that you are no longer exempt from the operations permit requirement after determining that downhole operational requirements are needed to protect against a significant threat of damage to any of the following:
(1)
Federally owned or administered lands, waters, or resources of System units;
(2)
NPS visitor uses or experiences; or
(3)
Visitor or employee health or safety.
(c)
Within 30 days after receiving this notification, you must file your operations permit application with the Superintendent.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.