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DEPARTMENT OF THE INTERIOR (DOI)

Statement of Regulatory Priorities

The Department of the Interior (DOI) is the principal Federal steward of our Nation's public lands and 

resources, including many of our cultural treasures. DOI serves as trustee to Native Americans and 

Alaska native trust assets and is responsible for relations with the island territories under United States 

jurisdiction. The Department manages more than 500 million acres of Federal lands, including 401 park 

units, 560 wildlife refuges, and approximately 1.7 billion submerged offshore acres. These areas include 

natural resources that are essential for America's industry -- oil and gas, coal, and minerals such as gold 

and uranium. On public lands and the Outer Continental Shelf, Interior provides access for renewable 

and conventional energy development and manages the protection and restoration of surface-mined 

lands. 

The Department protects and recovers endangered species; protects natural, historic, and cultural 

resources; manages water projects that are a lifeline and economic engine for many communities in the 

West; manages forests and fights wildfires; manages Federal energy resources; regulates surface coal 

mining operations; reclaims abandoned coal mines; educates children in Indian schools; and provides 

recreational opportunities for over 400 million visitors annually in the Nation's national parks, public lands, 

national wildlife refuges, and recreation areas. 

DOI will continue to review and update its regulations and policies to ensure that they are effective and 

efficient, and that they promote accountability and sustainability. DOI will emphasize regulations and 

policies that: 

 Promote environmentally responsible, safe, and balanced development of renewable and 

conventional energy on our public lands and the Outer Continental Shelf (OCS); 

 Use the best available science to ensure that public resources are protected, conserved, and 

used wisely; 

 Preserve America's natural treasures for future generations; 

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 Improve the nation-to-nation relationship with American Indian tribes and promote tribal selfdetermination and self-governance; 

 Promote partnerships with States, tribes, local governments, other groups, and individuals to 

achieve common goals; and 

 Promote transparency, fairness, accountability, and the highest ethical standards while 

maintaining performance goals. 

Major Regulatory Areas

The Department's bureaus implement congressionally mandated programs through their regulations. 

Some of these regulatory programs include: 

 Developing onshore and offshore energy, including renewable, mineral, oil and gas, and other 

energy resources; 

 Regulating surface coal mining and reclamation operations on public and private lands; 

 Managing migratory birds and preserving marine mammals and endangered species; 

 Managing dedicated lands, such as national parks, wildlife refuges, National Landscape 

Conservation System lands, and American Indian trust lands; 

 Managing public lands open to multiple use; 

 Managing revenues from American Indian and Federal minerals; 

 Fulfilling trust and other responsibilities pertaining to American Indians and Alaska Natives; 

 Managing natural resource damage assessments; and 

 Managing assistance programs. 

Regulatory Policy

DOI's regulatory programs seek to operate programs transparently, efficiently, and cooperatively while 

maximizing protection of our land, resources, and environment in a fiscally responsible way by: 

(1) Protecting Natural, Cultural, and Heritage Resources. 

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The Department's mission includes protecting and providing access to our Nation's natural and cultural 

heritage and honoring our trust responsibilities to tribes. We are committed to this mission and to applying 

laws and regulations fairly and effectively. Our priorities include protecting public health and safety, 

restoring and maintaining public lands, protecting threatened and endangered species, ameliorating landand resource-management problems on public lands, and ensuring accountability and compliance with 

Federal laws and regulations. 

(2) Sustainably Using Energy, Water, and Natural Resources. 

Since the beginning of the Obama Administration, the Department has focused on renewable energy 

issues and has established priorities for environmentally responsible development of renewable energy 

on public lands and the OCS. Industry has responded by investing in the development of wind farms off 

the Atlantic seacoast and solar, wind, and geothermal energy facilities throughout the West. Power 

generation from these new energy sources produces virtually no greenhouse gases and, when done in an 

environmentally responsible manner, harnesses with minimum impact abundant renewable energy. The 

Department will continue its intra- and inter-departmental efforts to move forward with the environmentally 

responsible review and permitting of renewable energy projects on public lands, and will identify how its 

regulatory processes can be improved to facilitate the responsible development of these resources. 

In implementing these priorities through its regulations, the Department will create jobs and contribute to 

a healthy economy while protecting our signature landscapes, natural resources, wildlife, and cultural 

resources. 

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(3) Empowering People and Communities. 

The Department strongly encourages public participation in the regulatory process and will continue to 

actively engage the public in the implementation of priority initiatives. Throughout the Department, 

individual bureaus and offices are ensuring that the American people have an active role in managing our 

Nation's public lands and resources. 

For example, every year FWS establishes migratory bird hunting seasons in partnership with flyway 

councils composed of State fish and wildlife agencies. FWS also holds a series of public meetings to give 

other interested parties, including hunters and other groups, opportunities to participate in establishing the 

upcoming season's regulations. Similarly, BLM uses Resource Advisory Councils to advise on 

management of public lands and resources. These citizen-based groups allow individuals from all 

backgrounds and interests to have a voice in management of public lands. 

Retrospective Review of Regulations

President Obama's Executive Order 13563 directs agencies to make the regulatory system work better 

for the American public. Regulations should "...protect public health, welfare, safety, and our environment 

while promoting economic growth, innovation, competitiveness, and job creation." DOI's plan for 

retrospective regulatory review identifies specific efforts to relieve regulatory burdens, add jobs to the 

economy, and make regulations work better for the American public while protecting our environment and 

resources. The DOI plan seeks to strengthen and maintain a culture of retrospective review by 

consolidating all regulatory review requirements into DOI's annual regulatory plan. 

The Department routinely meets with stakeholders to solicit feedback and gather input on how to 

incorporate performance based standards. DOI has received helpful public input through this process 

and will continue to participate in this effort with relevant interagency partners as part of its retrospective 

regulatory review. 

Under section 6 of Executive Order 13563 "Improving Regulation and Regulatory Review" (Jan. 18, 

2011), the following Regulation Identifier Numbers (RINs) were identified as associated with retrospective 

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review and analysis in the Department's final retrospective review of regulations plan, which can be 

viewed at http://www.doi.gov/open/regsreview. 

Bureau Title & RIN Description Reduces 

burdens 

on small 

business?

Office of 

Natural 

Resources 

Revenue 

Oil and Gas 

Royalty 

Valuation 

1012-AA13

DOI is exploring a simplified market-based approach to 

arrive at the value of oil and gas for royalty purposes that 

could dramatically reduce accounting and paperwork 

requirements and costs on industry and better ensure 

proper royalty valuation by creating a more transparent 

royalty calculation method.

Yes

Fish and 

Wildlife 

Service 

ESA Section 7 

Consultation 

Process; 

Incidental Take 

Statements 

1018-AX85

Court decisions over the last decade have prompted us, 

along with the National Marine Fisheries Service (NOAA, 

Commerce), to consider clarifying our regulations 

concerning incidental take statements during section 7 

consultation under the Endangered Species Act. A 

proposed rule published on September 4, 2013. The 

proposed changes address use of surrogates to express 

the limit of exempted take and how to determine when 

deferral of an incidental take exemption is appropriate. This 

is a joint rulemaking with NOAA.

No

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Bureau Title & RIN Description Reduces 

burdens 

on small 

business?

Fish and 

Wildlife 

Service 

Regulations 

Governing 

Designation of 

Critical Habitat 

Under Section 4 

of the ESA 

1018-AX86

The proposed rule would revise requirements for 

designating critical habitat under the Endangered Species 

Act. The proposed revisions would make minor edits to the 

scope and purpose, add and remove some definitions, and 

clarify the criteria for designating critical habitat. A number 

of factors, including litigation and experience in interpreting 

and applying the statutory definition of critical habitat, have 

highlighted the need to clarify or revise the current 

regulations. This is a joint rulemaking with NOAA.

No

Fish and 

Wildlife 

Service 

Policy Regarding 

Implementation 

of Section 

4(b)(2) of the 

Endangered 

Species Act

1018-AX87

This draft policy would explain how we consider 

partnerships and conservation plans; habitat conservation 

plans; and tribal, military, and Federal lands in the 

exclusion process. This draft policy is meant to 

complement our proposed regulatory amendments 

regarding exclusions from critical habitat and to clarify 

expectations regarding critical habitat. The policy would

provide a credible, predictable, and simplified criticalhabitat-exclusion process and foster clarity and 

consistency in designation of critical habitat. We will seek 

public review and comment on the proposed policy. This is 

a joint policy with NOAA.

No

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Bureau Title & RIN Description Reduces 

burdens 

on small 

business?

Fish and 

Wildlife 

Service 

ESA Section 7 

Consultation 

Regulations; 

Definition of 

"Destruction or 

Adverse 

Modification" of 

Critical Habitat 

1018-AX88

The proposed rule would amend the existing regulations 

governing section 7 consultation under the Endangered 

Species Act to revise the definition of "destruction or 

adverse modification" of critical habitat. The current 

regulatory definition has been invalidated by the courts for 

being inconsistent with the language of the Endangered 

Species Act. The revised definition will provide the

Services and Federal agencies with greater clarity in how 

to ensure that any action they authorize, fund, or carry out 

is not likely to result in the destruction or adverse 

modification of critical habitat, consistent with section 

7(a)(2) of the ESA. This is a joint rulemaking with NOAA.

No

Bureau of 

Indian Affairs 

Procedures for 

Establishing that 

an Indian Group 

Exists as an 

Indian Tribe 

1076-AF18

The Department is examining its regulations governing the 

process and criteria by which Indian groups are federally 

acknowledged as Indian tribes to determine how regulatory 

changes could increase transparency, timeliness, 

efficiency, and flexibility, while maintaining the integrity of 

the acknowledgment process. 

No

DOI bureaus work to make our regulations easier to comply with and understand. Our regulatory process 

ensures that bureaus share ideas on how to reduce regulatory burdens while meeting the requirements of 

the laws they enforce and improving their stewardship of the environment and resources. Results include: 

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 Effective stewardship of our Nation's resources in a way that is responsive to the needs of small 

businesses; 

 Increased benefits per dollar spent by careful evaluation of the economic effects of planned rules; 

and 

 Improved compliance and transparency by use of plain language in our regulations and guidance 

documents. 

Bureaus and Offices within DOI

The following sections give an overview of some of the major regulatory priorities of DOI bureaus and 

offices. 

Bureau of Indian Affairs 

The Bureau of Indian Affairs (BIA) provides services to approximately 1.9 million Indians and Alaska 

Natives, and maintains a government-to-government relationship with the 566 federally recognized Indian 

tribes. The Bureau also administers and manages 55 million acres of surface land and 57 million acres of 

subsurface minerals held in trust by the United States for Indians and Indian tribes. BIA's mission is to 

enhance the quality of life, promote economic opportunity, and protect and improve the trust assets of 

American Indians, Indian tribes, and Alaska Natives, as well as to provide quality education opportunities 

to students in Indian schools. 

In the coming year, BIA will continue its focus on improved management of trust responsibilities with each 

regulatory review and revision. The Bureau will also continue to promote economic development in 

Indian communities by ensuring the regulations support, rather than hinder, productive land management. 

In addition, BIA will focus on updating Indian education regulations and on other regulatory changes to 

increase transparency in support of the President's Open Government Initiative. 

In the coming year, BIA's regulatory priorities are to: 

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 Develop regulations to meet the Indian trust reform goals for rights-of-ways across Indian land. 

 Develop regulatory changes necessary for improved Indian education. 

BIA is reviewing regulations that require the Bureau of Indian Education to follow 23 different State 

adequate yearly progress standards; the review will determine whether a uniform standard would better 

meet the needs of students at Bureau-funded schools. With regard to undergraduate education, the 

Bureau of Indian Education is reviewing regulations that address grants to tribally controlled community 

colleges and other Indian education regulations. These reviews will identify provisions that need to be 

updated to comply with applicable statutes and ensure that the proper regulatory framework is in place to 

support students in Bureau-funded schools. 

 Develop regulatory changes to reform the process for Federal acknowledgment of Indian tribes. 

Over the years, BIA has received significant comments from American Indian groups and members of 

Congress on the Federal acknowledgment process. Most of these comments criticize the current process 

as cumbersome, overly restrictive, and lacking transparency. BIA is reviewing the Federal 

acknowledgment regulations to determine how regulatory changes may streamline the acknowledgment 

process and clarify criteria by which an Indian group is examined. 

 Revise regulations to reflect updated statutory provisions and increase transparency. 

BIA is making a concentrated effort to improve the readability and precision of its regulations. Because 

trust beneficiaries often turn to the regulations for guidance on how a given BIA process works, BIA is 

ensuring that each revised regulation is written as clearly as possible and accurately reflects the current 

organization of the Bureau. The Bureau is also simplifying language and eliminating obsolete provisions. 

In the coming year, the Bureau also plans to revise regulations regarding rights-of-way (25 CFR 169); 

Indian Reservation Roads (25 CFR 170); and certain regulations specific to the Osage Nation. 

Bureau of Land Management

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BLM manages the 245-million-acre National System of Public Lands, located primarily in the western 

States, including Alaska, and the 700-million-acre subsurface mineral estate located throughout the 

Nation. In doing so, BLM manages such varied uses as energy and mineral development, outdoor 

recreation, livestock grazing, and forestry and woodlands products. BLM's complex multiple-use mission 

affects the lives of millions of Americans, including those who live near and visit the public lands, as well 

as those who benefit from the commodities, such as minerals, energy, or timber, produced from the lands' 

rich resources. In undertaking its management responsibilities, BLM seeks to conserve our public lands' 

natural and cultural resources and sustain the health and productivity of the public lands for the use and 

enjoyment of present and future generations. In the coming year, BLM's highest regulatory priorities 

include: 

outdated hydraulic fracturing regulations. 

BLM's existing regulations applicable to hydraulic fracturing were promulgated over 20 years ago and do 

not reflect modern technology. In seeking to modernize its requirements and ensure the protection of our 

Nation's public lands, BLM will finalize a rule that will disclose to the public chemicals used in hydraulic 

fracturing on public land and Indian land, strengthen regulations related to well-bore integrity, and 

address issues related to recovered fluids. 

Creating a competitive process for offering lands for solar and wind energy development. 

BLM recently published a proposed rule that would establish an efficient competitive process for leasing 

public lands for solar and wind energy development. The amended regulations would establish 

competitive bidding procedures for lands within designated solar and wind energy development leasing 

areas, define qualifications for potential bidders, and structure the financial arrangements necessary for 

the process. The rule would enhance BLM's ability to capture fair market value for the use of public 

lands, ensure fair access to leasing opportunities for renewable energy development, and foster the 

growth and development of the renewable energy sector of the economy. 

Preventing waste of produced gas and ensuring fair return to the taxpayer. 

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BLM’s current requirements regarding venting and flaring from oil and gas operations are over three 

decades old. The agency is currently preparing a proposed rule to address emissions reductions and 

minimize waste through improved standards for venting, flaring, and fugitive losses of methane from oil 

and gas production facilities on Federal and Indian lands. 

 Seeking public input on managing waste mine methane. 

BLM issued an advance notice of proposed rulemaking (ANPRM) requesting information from the public 

that might assist the bureau in the establishment of a program to capture, use, or destroy waste mine 

methane from Federal coal leases and Federal leases for other solid minerals. The BLM is currently 

reviewing the information received through that process to identify potential appropriate regulatory 

approaches to reduce the waste of methane from mining operations on public lands. 

 Ensuring a fair return to the American taxpayer for oil shale development. 

BLM is preparing a final rule that would ensure responsible development of federal oil shale resources 

and evaluate necessary safeguards to protect scarce water resources and important wildlife habitat while 

ensuring a fair royalty to the American people. 

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Bureau of Ocean Energy Management (BOEM) 

The Bureau of Ocean Energy Management (BOEM) promotes energy independence, environmental 

protection, and economic development through responsible, science-based management of offshore 

conventional and renewable energy resources. It is dedicated to fostering the development of both 

conventional and renewable energy and mineral resources on the Outer Continental Shelf (OCS) in an 

efficient and effective manner, balancing the need for economic growth with the protection of the 

environment. BOEM thoughtfully considers and balances the potential environmental impacts involved in 

exploring and extracting these resources. BOEM's near-term regulatory agenda will focus on a number of 

issues, including: 

 Expanding renewable energy resources. 

As part of President Obama’s comprehensive plan to expand domestic clean energy sources, BOEM has 

held multiple offshore renewable energy lease sales along the Atlantic coast. These lease sales are the 

result of years of collaboration, data gathering and analysis, and outreach and have resulted in the 

identification of areas that are rich with potential wind resources but also minimize conflicts with other 

important OCS uses. . Based on the experiences to date in the offshore renewable energy program, 

BOEM is evaluating lessons learned and identifying opportunities for improvement in the program. As a 

part of this effort, BOEM is conducting a comprehensive review of our renewable energy regulations and 

highlighting areas for potential revision. For example, the Bureau recently completed a rulemaking to 

provide additional time for renewable energy developers to submit certain plans, after BOEM determined 

that the previous timelines for submission were proving to be unreasonable. This change provides an 

appropriate balance between ensuring diligent progress on our renewable energy leases and accounting 

for the needs of the renewable energy development community. 

Two proposed rulemakings address recommendations submitted to BOEM by the Transportation 

Research Board of the National Academies and its stakeholders. Specifically, these include 

recommendations to: develop and incorporate state of the art wind turbine design standards and to clarify 

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the role of Certified Verification Agents as part of the process of designing, fabricating, and installing 

offshore wind energy facilities for the OCS. 

 Promoting safe drilling activities on the Arctic Outer Continental Shelf 

BOEM, jointly with the Bureau of Safety and Environmental Enforcement (BSEE), is developing proposed 

rules to promote safe, responsible, and effective drilling activities on the Alaska Outer Continental Shelf, 

while also ensuring the protection of Alaska’s coastal communities and the marine environment. 

 Protecting the Environment. 

In a continuing effort to ensure that the effects of any future potential oil spills can be minimized and fully 

mitigated, BOEM is amending its regulations to raise the limits of liability associated with future spills. 

BOEM has teamed with the U.S. Coast Guard and the Department of Justice in developing new 

regulations to ensure that necessary resources will be made available to address potential contingencies 

of any future oil spill and associated damages. 

 Updating BOEM's Air Quality Program. 

BOEM’s original air quality rules date largely from 1980 and have not been updated substantially since 

that time. From 1990 to 2012, DOI has exercised jurisdiction for air quality only for OCS sources 

operating in the Gulf of Mexico. In fiscal year 2012, Congress expanded DOI’s authority by transferring to 

it responsibility for monitoring OCS air quality off the North Slope Borough of the State of Alaska, 

including the Beaufort Sea, the Chukchi Sea, and part of the Hope Basin. BOEM is in the process of 

updating its regulations to reflect changes that have occurred over the past thirty-four years and the new 

regulatory jurisdiction. In its development of proposed regulations, BOEM will continue to consult and 

coordinate its efforts with the U.S. Fish and Wildlife Service, the National Park Service and the 

Environmental Protection Agency. 

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 Modernizing Oil and Gas Leasing Regulations. 

BOEM is developing a final rule to update and streamline the existing OCS leasing regulations to better 

reflect modern policy priorities, including incentivizing diligent development, as well as to reflect changes 

in applicable laws that have occurred over the past several years. The final rule reorganizes leasing 

requirements to communicate more effectively and clearly the leasing process as it has evolved, and to 

better delineate the roles, responsibilities and associated liabilities of all parties having an economic 

interest in leases or facilities on the OCS. 

 Protecting OCS Sand, Gravel, and Shell Resources. 

In light of the continuing need to provide resources to protect the coast from natural disasters like 

Hurricane Sandy, BOEM is developing policies and goals to formally address the use of OCS sand, 

gravel, or shell resources funded by the Federal government. These policies are intended to ensure that 

necessary sand and gravel resources remain available to help communities that have been harmed by 

hurricanes and other disasters, so that beaches and other natural resources can effectively be restored, 

without adversely impacting the development of transmission lines and pipelines needed for energy 

development projects. Taken together, these policies will ensure that the development of renewable and 

conventional energy resources continues to take place in areas adjacent to key sand and gravel resource 

zones and that sand and gravel resources continue to be available for construction projects, shore 

protection, beach replenishment, or wetlands restoration purposes. 

 Promoting Effective Financial Assurance and Risk Management. 

BOEM has the responsibility to ensure that lessees and operators on the OCS do not engage in activities 

that could generate an undue risk of financial loss to the government. BOEM formally established a 

program office to review these issues, and issued an advance notice of proposed rulemaking seeking 

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feedback on potential regulatory approaches to promote effective financial assurance and risk 

management. Agency staff will continue to work with industry and others to determine how to improve 

the regulatory regime to better align with the realities of aging offshore infrastructure, hazard risks, and 

increasing costs of decommissioning. 

Bureau of Safety and Environmental Enforcement

BSEE's mission is to regulate safety, emergency preparedness, environmental responsibility and 

appropriate development and conservation of offshore oil and natural gas resources. BSEE's regulatory 

priorities are guided by the BSEE FY 2012-2015 Strategic Plan, which includes two strategic goals to 

focus the Bureau's priorities in fulfillment of its mission: 

ities, policies, and 

tools to compel safety and environmental responsibility and appropriate development of offshore oil and 

natural gas resources. 

functions - capacity that keeps pace with OCS industry technology improvements, innovates in regulation 

and enforcement, and reduces risk through systemic assessment and regulatory and enforcement 

actions. 

BSEE has identified the following four areas of regulatory priorities: (1) Safety; (2) Oil Spill Response; (3) 

Arctic; and (4) Managing and Mitigating Risk via Improved Technology. Other regulatory topics under 

development include decommissioning costs, pipelines, and renewable energy. 

 Safety 

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BSEE will be requesting comments on regulatory options for improving aviation safety, crane safety, and 

safety management systems. 

 Oil Spill Response 

BSEE will update regulations for offshore oil spill response planning and preparedness. This rule will 

incorporate lessons learned from the Deepwater Horizon incident, improved preparedness capability 

standards, and applicable research findings. 

 Arctic 

BSEE is working with BOEM on a joint proposed rule to promote safe, responsible, and effective drilling 

activities on the Arctic OCS while ensuring protection of the Arctic’s communities and marine 

environment. 

 Managing and Mitigating Risk via Improved Technology 

BSEE will develop a proposed rule containing requirements on blowout preventers and critical reforms in 

the areas of well design, well control, casing, cementing, real-time monitoring, and subsea containment. 

This proposed rule will address and implement multiple recommendations resulting from various 

investigations from the Deepwater Horizon incident. 

Additionally, BSEE will finalize revisions of its rule on production safety systems and life cycle analysis. 

This rule will expand the use of life cycle management of critical equipment. The rule addresses issues 

such as subsurface safety devices, safety device testing, and expands the requirements for operating 

production systems on the OCS. 

Office of Natural Resources Revenue

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ONRR will continue to collect, account for, and disburse revenues from Federal offshore energy and 

mineral leases and from onshore mineral leases on Federal and Indian lands. The program operates 

nationwide and is primarily responsible for timely and accurate collection, distribution, and accounting for 

revenues associated with mineral and energy production. ONRR’s regulatory plan is as follows:

 Simplify valuation regulations 

ONRR plans to simplify the regulations at title 30 of the Code of Federal Regulations (CFR) part 1206 for 

establishing the value for royalty purposes of (1) oil and natural gas produced from Federal leases; and 

(2) coal produced from Federal and Indian leases. Additionally, the proposed rules would consolidate 

sections of the regulations common to all minerals, such as definitions and instructions regarding how a 

payor should request a valuation determination. ONRR published Advance Notices of Proposed 

Rulemaking (ANPRMs) to initiate the rulemaking process and to obtain input from interested parties. 

 Clarify and simplify issuing notices of noncompliance and civil penalties 

This rule would amend ONRR civil penalty regulations to: (1) codify application of those regulations to 

solid minerals and geothermal leases as the Omnibus Appropriations Act of 2009 authorizes; (2) adjust 

Federal Oil and Gas Royalty Management Act civil penalty amounts for inflation as the Federal Civil 

Penalty Inflation Adjustment Act requires; (3) clarify and simplify the existing regulations for issuing 

notices of noncompliance and civil penalties under 30 CFR part 1241; and (4) provide notice that ONRR 

will post its matrices for civil penalty assessments on the ONRR website. 

 Clarify and simplify distribution and disbursement of qualified revenues from certain leases 

under the GOMESA 

ONRR would amend the regulations on the distribution and disbursement of qualified revenues from 

certain leases on the Gulf of Mexico’s Outer Continental Shelf, under the provisions of the Gulf of Mexico 

Energy Security Act of 2006. These proposed regulations set forth the formulas and methodologies for 

calculating and allocating revenues during the second phase of revenue sharing to: the States of 

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Alabama, Louisiana, Mississippi, and Texas; their eligible Coastal Political Subdivisions; the Land and 

Water Conservation Fund; and the United States Treasury. Additionally, in this proposed rule, the 

Department of the Interior moves the Gulf of Mexico Energy Security Act of 2006’s Phase I regulations 

from the Bureau of Ocean Energy Management’s 30 CFR chapter V to ONRR’s 30 CFR chapter XII, and 

proposes additional clarification and minor definition changes to the current revenue-sharing regulations. 

 Clarify and simplify valuation regulations for Indian oil leases 

ONRR would ensure that Indian lessors receive maximum revenues from their mineral resources, as 

required by statute and the Secretary’s trust responsibility. The existing rule was published in 1988 with 

some amendments published in December 2007. Changes in the oil markets have raised concerns 

regarding the valuation methods for Indian oil. Generally, Indian leases have a provision that place the 

value of their oil at the highest price paid for a major portion of production of like-quality oil from the same 

field or area. Proposed changes that followed the 1988 rule were met with disagreement from Tribes and 

industry. 

In 2011, the Secretary convened the Indian Oil Negotiated Rulemaking Committee (Committee), 

established under the Federal Advisory Committee Act, to address the major portion provision of the 

current Indian oil and gas rule. The Committee submitted its recommendations to ONRR in September 

2013. Those recommendations form the basis of this proposed rule. By revising the method for valuing oil 

produced on Indian leases, the proposed rule provides clarity and certainty to all concerned parties while 

additionally assuring that Tribes and allottees receive, in a timely fashion, royalties that satisfy the major 

portion provision contained in most Indian leases. 

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Office of Surface Mining Reclamation and Enforcement

The Office of Surface Mining Reclamation and Enforcement (OSM) was created by the Surface Mining 

Control and Reclamation Act of 1977 (SMCRA). Under SMCRA, OSM has two principal functions - the 

regulation of surface coal mining and reclamation operations and the reclamation and restoration of 

abandoned coal mine lands. In enacting SMCRA, Congress directed OSM to "strike a balance between 

protection of the environment and agricultural productivity and the Nation's need for coal as an essential 

source of energy." In response to its statutory mandate, OSM has sought to develop and maintain a 

stable regulatory program that is safe, cost-effective, and environmentally sound. A stable regulatory 

program ensures that the coal mining industry has clear guidelines for operation and reclamation, and 

that citizens know how the program is being implemented. 

OSM's Federal regulatory program sets minimum requirements for obtaining a permit for surface and 

underground coal mining operations, sets performance standards for those operations, requires 

reclamation of lands and waters disturbed by mining, and requires enforcement to ensure that the 

standards are met. OSM is the primary regulatory authority for SMCRA enforcement until a State or 

Indian tribe develops its own regulatory program, which is no less effective than the Federal program. 

When a State or Indian tribe achieves "primacy," it assumes direct responsibility for permitting, inspection, 

and enforcement activities under its federally approved regulatory program. The regulatory standards in 

Federal program states and in primacy states are essentially the same with only minor, non-substantive 

differences. Today, 24 States have primacy, including 23 of the 24 coal producing States. OSM's 

regulatory priorities for the coming year will focus on: 

 Stream Protection. 

Protect streams and related environmental resources from the adverse effects of surface coal mining 

operations. OSM plans to revise its regulations to improve the balance between environmental protection 

and the Nation’s need for coal by better protecting streams from the adverse impacts of surface coal 

mining operations. 

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 Coal Combustion Residues. 

Establish Federal standards for the beneficial use of coal combustion residues on active and abandoned 

coal mines. 

U.S. Fish and Wildlife Service

The mission of the U.S. Fish and Wildlife Service (FWS) is to work with others to conserve, protect, and 

enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people. 

FWS also provides opportunities for Americans to enjoy the outdoors and our shared natural heritage. 

FWS fulfills its responsibilities through a diverse array of programs that: 

 Protect and recover endangered and threatened species; 

 Monitor and manage migratory birds; 

 Restore native aquatic populations and nationally significant fisheries; 

 Enforce Federal wildlife laws and regulate international trade; 

 Conserve and restore wildlife habitat such as wetlands; 

 Help foreign governments conserve wildlife through international conservation efforts; 

 Distribute Federal funds to States, territories, and tribes for fish and wildlife conservation projects; 

and 

 Manage the more than 150-million-acre National Wildlife Refuge System, which protects and 

conserves fish and wildlife and their habitats and allows the public to engage in outdoor 

recreational activities. 

During the next year, FWS regulatory priorities will include: 

Regulations under the Endangered Species Act (ESA): 

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We will issue multiple rules to add species to, remove species from, and reclassify species on the 

Lists of Endangered and Threatened Wildlife and Plants and to designate critical habitat for certain listed 

species, and rules to transform the processes for listing species and designating critical habitat. We will 

improve the listing process by issuing rules to more clearly describe areas where listed species are 

protected and revise the process for submitting petitions to list, delist, or reclassify species. We will 

further the protection of native species and their ecosystems through a policy that will provide incentives 

for voluntary conservation actions taken for species prior to their listing under the ESA. We will issue 

rules to improve the process of critical habitat designation, including clarifying definitions of "critical 

habitat" and "destruction or adverse modification" of critical habitat, and a policy to explain how we 

consider various factors in determining exclusions to critical habitat under section 4(b)(2) of the ESA. 

Regulations under the Migratory Bird Treaty Act (MBTA): 

In carrying out our responsibility to manage migratory bird populations, we issue annual migratory 

bird hunting regulations, which establish the frameworks (outside limits) for States to establish season 

lengths, bag limits, and areas for migratory game bird hunting. To ensure proper administration of the 

MBTA, we will revise our regulations to prevent the wanton waste of migratory game birds to clarify that 

the hunting public must make reasonable efforts to retrieve birds that have been killed or injured. We will 

also revise our regulations regarding permits for certain take of eagles and eagle nests and propose 

regulations for the use of raptors other than eagles for abatement (the use of trained raptors to mitigate 

depredation problems caused by birds or other wildlife). 

Regulations to administer the National Wildlife Refuge System (NWRS): 

In carrying out our statutory responsibility to provide wildlife-dependent recreational opportunities 

on NWRS lands, we issue an annual rule to update the hunting and fishing regulations on specific 

refuges. To ensure protection of NWRS resources, we will issue a proposed rule to ensure that 

businesses conducting oil or gas operations on NWRS lands do so in a manner that prevents or 

minimizes damage to the lands, visitor values, and management objectives. We will also issue a policy 

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for managing cultural resources (archaeological resources, historic and architectural properties, and 

areas or sites of traditional or religious significance to Native Americans) on NWRS lands. 

Regulations to carry out the Wildlife and Sport Fish Restoration (WSFR) Act:

 To strengthen our partnership with State conservation organizations, we are working on several 

rules to update and clarify our WSFR regulations. States rely on FWS to distribute finances, and the 

FWS relies on the States to implement eligible conservation projects. We will expand on existing 

regulations that prescribe processes that applicants and grantees must follow when applying for and 

managing grants from FWS. Among other rules, we will also revise our regulations under the Clean 

Vessel Act and Boating Infrastructure Grant programs to improve management and execution of those 

programs. 

 In accordance with section 3(a) of Executive Order 13609 ("Promoting International Regulatory 

Cooperation"), we will issue the following rulemaking actions: 

Regulations to carry out the Convention on International Trade in Endangered Species of Wild Fauna and 

Flora (CITES): 

We will update our CITES regulations to incorporate provisions resulting from the 16th Conference 

of the Parties to CITES. The revisions will help us more effectively promote species conservation and 

help U.S. importers and exporters of wildlife products understand how to conduct lawful international 

trade. We will also rewrite a substantial portion of our regulations for the importation, exportation, and 

transportation of wildlife by proposing changes to the port structure and inspection fees and making the 

regulations easier to understand. 

To help protect African elephants, we will revise our regulations regarding ivory from African 

elephants to prohibit interstate commerce and export, except for antique specimens and certain other 

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items. Import of sport-hunted trophies would still be allowed, but the number of trophies that could be 

imported by a hunter in a given year would be limited. 

 Finally, to protect native species and prevent the spread of injurious species, we will propose 

regulations to improve our process for making injurious wildlife determinations for foreign species under 

the Lacey Act to prevent the interstate transportation and commerce of injurious wildlife. 

National Park Service

The NPS preserves unimpaired the natural and cultural resources and values within more than 400 units 

of the National Park System encompassing nearly 84 million acres of lands and waters for the enjoyment, 

education, and inspiration of this and future generations. NPS also cooperates with partners to extend 

the benefits of natural and resource conservation and outdoor recreation throughout the United States 

and the world. 

To achieve this mission NPS adheres to the following guiding principles: 

 Excellent Service: Providing the best possible service to park visitors and partners. 

 Productive Partnerships: Collaborating with Federal, State, tribal, and local governments, private 

organizations, and businesses to work toward common goals. 

 Citizen Involvement: Providing opportunities for citizens to participate in the decisions and actions 

of the National Park Service. 

 Heritage Education: Educating park visitors and the general public about their history and 

common heritage. 

 Outstanding Employees: Empowering a diverse workforce committed to excellence, integrity, and 

quality work. 

 Employee Development: Providing developmental opportunities and training so employees have 

the "tools to do the job" safely and efficiently. 

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 Wise Decisions: Integrating social, economic, environmental, and ethical considerations into the 

decision-making process. 

 Effective Management: Instilling a performance management philosophy that fosters creativity, 

focuses on results, and requires accountability at all levels. 

 Research and Technology: Incorporating research findings and new technologies to improve 

work practices, products, and services. 

NPS regulatory priorities for the coming year include: 

 Managing Off-Road Vehicle Use 

Rules for Fire Island National Seashore, Lake Meredith National Recreation Area, Glen Canyon National 

Recreation Area, and Cape Lookout National Seashore would allow for management of off-road vehicle 

(ORV) use, to protect and preserve natural and cultural resources, and provide a variety of visitor use 

experiences while minimizing conflicts among user groups. Further, the rules would designate ORV 

routes and establish operational requirements and restrictions. 

 Managing Bicycling 

New rules would authorize and manage bicycling at Cuyahoga Valley National Park, and Bryce Canyon 

National Park. 

 Implementing the Native American Graves Protection and Repatriation Act 

(1) A new rule would establish a process for disposition of Unclaimed Human Remains and Funerary 

Objects discovered after November 16, 1990, on Federal or Indian Lands. 

(2) A rule revising the existing regulations would describe the NAGPRA process in plain language, 

eliminate ambiguity, clarify terms, and include Native Hawaiians in the process. The rule would eliminate 

unnecessary requirements for museums and would not add processes or collect additional information. 

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 Regulating non-Federal oil and gas activity on NPS land 

The rule would account for new technology and industry practices, eliminate regulatory exemptions, 

update new legal requirements, remove caps on bond amounts, and allow the NPS to recover 

compliance costs associated with administering the regulations. 

 Authorizing and managing service animals 

The rule will define and differentiate service animals from pets, and will describe the circumstances under 

which service animals would be allowed in a park area. The rule will ensure NPS compliance with Section 

504 of the Rehabilitation Act of 1973 (28 U.S.C 794) and better align NPS regulations with the Americans 

with Disabilities Act of 1990 (42 U.S.C. 1211 et seq.) and the Department of Justice Service Animal 

regulations of 2011 (28 CFR 36.104). 

 Preserving and managing paleontological resources 

This rule would implement provisions of the Paleontological Resources Protection Act. The rule would 

preserve, manage, and protect paleontological resources on Federal lands and ensure that these 

resources are available for current and future generations to enjoy as part of America’s national heritage. 

The rule would address management, collection, and curation of paleontological resources from Federal 

lands using scientific principles and expertise. Provisions of the rule will ensure that resources are 

collected in accordance with permits and curated in an approved repository. The rule would also protect 

confidential locality data, and authorize penalties for illegally collecting, damaging, altering, defacing, or 

selling paleontological resources. 

 Collecting plants for traditional cultural practices 

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The rule would propose authorizing Park Superintendents to enter into agreements with federally 

recognized tribes to permit tribal members to collect limited quantities of plant resources in parks to be 

used for traditional cultural practices and activities. 

Bureau of Reclamation

The Bureau of Reclamation's mission is to manage, develop, and protect water and related resources in 

an environmentally and economically sound manner in the interest of the American public. To 

accomplish this mission, we employ management, engineering, and science to achieve effective and 

environmentally sensitive solutions. 

Reclamation projects provide: Irrigation water service, municipal and industrial water supply, 

hydroelectric power generation, water quality improvement, groundwater management, fish and wildlife 

enhancement, outdoor recreation, flood control, navigation, river regulation and control, system 

optimization, and related uses. We have continued to focus on increased security at our facilities. 

Our regulatory program focus in fiscal year 2015 is to publish a proposed minor amendment to 43 CFR 

part 429 to bring it into compliance with the requirements of the recently published final rule, 43 CFR part 

5, Commercial Filming and Similar Projects and Still Photography on Certain Areas under Department 

Jurisdiction. Publishing this rule will implement the provisions of Public Law 106-206, which directs the 

establishment of permits and reasonable fees for commercial filming and certain still photography 

activities on public lands. 

Regulations.gov Friday, November 21, 2014 Regulatory Plan