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 natives 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 397 park units, 555 

wildlife refuges, and approximately 1.7 billion of submerged offshore acres. This includes some of the 

highest quality renewable energy resources available to help the United States achieve the President’s 

goal of energy independence, including geothermal, solar, and wind. 

 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. 

 The 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. The 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; 

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 Adopt performance approaches focused on achieving cost-effective, timely results; 

 Improve the nation-to-nation relationship with American Indian tribes; 

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

common goals; 

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

performance goals. 

Major Regulatory Areas

 The DOI bureaus implement congressionally mandated programs through their regulations. Some of 

these regulatory programs include: 

 Developing onshore and offshore energy, including renewable, minerals, 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; 

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 Managing revenues from American Indian and Federal minerals; 

 Fulfilling trust and other responsibilities pertaining to American Indians; 

 Managing natural resource damage assessments; and 

 Managing assistance programs. 

Regulatory Policy

How DOI regulatory priorities support the President’s energy, resource management, environmental 

sustainability, and economic recovery goals

 The 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. 

 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 land- and resource-management problems on public lands, and ensuring accountability and 

compliance with Federal laws and regulations. 

 The Bureau of Land Management (BLM) Wildlife Program continues to focus on maintaining and 

managing wildlife habitat to ensure self-sustaining populations and a natural abundance and diversity of 

wildlife resources on public lands. The BLM-managed lands are vital to game species and hundreds of 

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species of non-game mammals, reptiles, and amphibians. In order to provide for long-term protection of 

wildlife resources, especially given other mandated land use requirements, the Wildlife Program supports 

aggressive habitat conservation and restoration activities, many funded by partnerships with Federal, 

State, and non-governmental organizations. For instance, the Wildlife Program is restoring wildlife habitat 

across a multi-state region to support species that depend upon sagebrush vegetation. Projects are 

tailored to address regional issues such as fire (as in the western portion of the sagebrush biome) or 

habitat degradation and loss (as in the eastern portion of the sagebrush biome). Additionally, BLM 

undertakes habitat improvement projects in partnership with a variety of stakeholders and consistent with 

State fish and game wildlife action plans and local working group plans. 

 The National Park Service (NPS) is working with BLM and the U.S. Fish and Wildlife Service (FWS) to 

finalize a rule implementing Public Law 106-206, which directs the Secretary to establish a system of 

location fees for commercial filming and still photography activities on public lands. While commercial 

filming and still photography are generally allowed on Federal lands, managing this activity through a 

permitting process will minimize damage to cultural or natural resources and interference with other 

visitors to the area. This regulation would standardize location fee rates and collection for all DOI 

agencies. 

 The NPS is proposing a new winter use rule for Yellowstone National Park. This rule is proposed to 

replace an interim rule that expired at the end of the 2010 to 2011 winter season and that was recently 

reauthorized for the current (2011-2012) winter season. It would allow a variety of winter uses for visitors 

while protecting park resources by establishing maximum numbers of snowmobiles and snowcoaches 

permitted in the Park on a given day. It would also require most snowmobiles and snowcoaches 

operating in the Park to meet air and sound emission requirements and would require a commercial 

guide. The NPS intends to publish a final rule by mid-November 2012. 

 The NPS is prepared to publish final rules for Off Road Vehicle use at Cape Hatteras National 

Seashore and bicycle routes at Mammoth Cave National Park. Proposed rules for bicycle routes are 

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pending for other park areas. These rules would manage use to protect and preserve natural and 

cultural resources, and natural processes, and provide a variety of safe visitor experiences while 

minimizing conflicts among various users. 

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

 The BLM has identified approximately 20.6 million acres of public land with wind energy potential in 

the 11 western States and approximately 29.5 million acres with solar energy potential in the six 

southwestern States. There are over 140 million acres of public land in western States and Alaska with 

geothermal resource potential. There is also significant wind and wave potential in our offshore waters. 

The National Renewable Energy Lab, a Department of Energy national laboratory, has identified more 

than 1,000 gigawatts of wind potential off the Atlantic coast—roughly equivalent to the Nation’s existing 

installed electric generating capacity—and more than 900 gigawatts of wind potential off the Pacific 

Coast. Because public lands are extensive and widely distributed, the Department has an important role, 

in consultation with Federal, State, regional, and local authorities, in approving and building new 

transmission lines that are crucial to deliver renewable energy to America’s homes and businesses. 

 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 started to respond by investing in 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 sensitive manner, harnesses with minimum impact abundant renewable energy that 

nature itself provides. 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. 

 The Secretary issued his first Secretarial Order on March 11, 2009, making renewable energy on 

public lands and the OCS top priorities at the Department. These remain top priorities. In implementing 

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these priorities through its regulations, the Department will continue to create jobs and contribute to a 

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

resources. 

(3) Empowering People and Communities. 

 The Department strongly encourages public participation in the regulatory process. For example, 

every year the FWS establishes migratory bird hunting seasons in partnership with flyway councils 

composed of State fish and wildlife agencies. The 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, the BLM uses Resource Advisory Councils made up of affected parties to help prepare land 

management plans and regulations. 

 The NPS has begun revising its rules on non-Federal development of gas and oil in units of the 

National Park System. Of the approximately 700 gas and oil wells in 13 NPS units, 55 percent, or 385 

wells, are exempt from current regulations. The NPS is revising the regulations to improve protection of 

NPS resources. The NPS actively sought public input into designing the rule and published an Advance 

Notice of Proposed Rulemaking with a comment period from November 15, 2009, through January 25, 

2010. Interested members of the public were able to make suggestions for the content of the rule, which 

NPS will consider in writing the proposed rule. After developing a proposed rule, NPS will solicit further 

public comment. The NPS expects to publish a proposed rule in 2012. 

 In October 2010, NPS published an interim final rule with request for comments revising the former 

regulations for management of demonstrations and the sale or distribution of printed matter in most areas 

of the National Park System to allow a small-group exception to permit requirements. In essence, under 

specific criteria, demonstrations, and the sale or distribution of printed matter involving 25 or fewer 

persons may be held in designated areas, without first obtaining a permit; i.e. making it easier for 

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individuals and small groups to express their views. The NPS has analyzed the comments and expects 

to publish a final rule in early 2012. 

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 requirements1

 into DOI’s annual regulatory plan. DOI has selected the 

following regulatory efforts to focus on over the next 2 years: 

 Oil and Gas Royalty Valuation Rules (Office of Natural Resources Revenue)–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.

 Endangered Species Act Rules (Fish and Wildlife Service)–The Fish and Wildlife Service (FWS), 

working in conjunction with the National Marine Fisheries Service, will revise and update the ESA 

implementing regulations and policies to improve conservation effectiveness, reduce administrative 

burden, enhance clarity and consistency for impacted stakeholders and agency staff, and encourage 

partnerships, innovation, and cooperation. FWS has already proposed a rule on May 17, 2011, that 

would minimize the requirements for written descriptions of critical habitat boundaries in favor of map 

 

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 DOI conducts regulatory review under numerous statutes, Executive orders, memoranda, and policies, including but 

not limited to the Regulatory Flexibility Act of 1980 (RFA), the Small Business Regulatory Enforcement Fairness Act 

of 1996 (SBREFA), Executive Orders 12866 and 13563, and the DOI Departmental Manual. 

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and Internet-based descriptions. FWS anticipates issuing the final rule in the spring of 2012. 

Additionally, FWS will develop proposed rules and/or policies to amend existing regulations related to: 

o Habitat conservation plans; 

o Safe harbor agreements; 

o Candidate conservation agreements; 

o The process and procedures for designation of critical habitat; 

o Section 7 consultation to revise the definition of “destruction or adverse modification” of critical 

habitat; and 

o Issuance of incidental take permits during section 7 consultation. 

 

 Commercial Filming on Public Land Rules–This joint effort between the National Park Service (NPS), 

Fish and Wildlife Service (FWS), Bureau of Land Management (BLM), Bureau of Reclamation (BOR), 

and Bureau of Indian Affairs (BIA) will create consistent regulations and a unified fee schedule for 

commercial filming and still photography on public land. It will provide the commercial filming industry 

with a predictable fee for using Federal lands, while earning the Government a fair return for the use 

of that land.

 Offshore Energy Safety and Environmental Rules (BSEE)–In the wake of the Deepwater Horizon oil 

spill, DOI immediately instituted regulatory reforms that strengthened the protection of workers’ health 

and safety and enhanced environmental safeguards. The Bureau of Safety and Environmental 

Enforcement (BSEE), formerly part of the Bureau of Ocean Energy Management, Regulation, and 

Enforcement (BOEMRE) is now considering ways to apply “safety case”-type performance standards, 

such as those widely applied internationally, to the U.S. offshore drilling regulatory regime. A 

hybrid combination of performance-based and prescriptive standards will provide flexibility to adapt to 

changing technologies and increasingly complex operational conditions, while maintaining worker and 

environmental protections. 

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 Leasing (BIA)–BIA is amending its leasing regulations to eliminate the need to follow multiple crossreferences in the regulations. The amendments will also delete the requirement for BIA review of 

permits, which some view as unjustified and excessively burdensome. 

 Land Classification Regulations (BLM)–BLM is amending its regulations to remove obsolete land 

classification regulations and consolidate these regulations into the existing planning system 

regulations. These changes will benefit the public by consolidating all land use decisions into one 

systematic process. 

 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: 

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

businesses; 

 Increased benefits per dollars spent by carefully evaluating 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 focus of DOI’s major regulatory bureaus and offices is summarized below. 

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Bureau of Indian Affairs 

 The Bureau of Indian Affairs (BIA) administers and manages 56 million acres of land held in trust by 

the United States for Indians and Indian tribes, providing services to approximately 1.9 million Indians and 

Alaska Natives, and maintaining a government-to-government relationship with the 565 federally 

recognized Indian tribes. The BIA’s mission is to enhance the quality of life, to promote economic 

opportunity, and to carry out the responsibility to 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 regulatory focus on improved management of trust 

responsibilities and promotion of economic development in Indian communities. 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. 

 With the input of tribal leaders, individual Indian beneficiaries, and other subject matter experts, BIA 

has been examining better ways to serve its beneficiaries. The American Indian Probate Reform Act of 

2004 (AIPRA) made clear that regulatory changes were necessary. BIA has promulgated regulations 

implementing the probate-related provisions of AIPRA and will now focus on regulations to implement 

other AIPRA provisions related to managing Indian land. 

 The focus on promoting economic development in Indian communities is a core component of BIA’s 

mission. Economic development initiatives can attract businesses to Indian communities that provide 

jobs and fund services that support the health and well-being of tribal members. Economic development 

can enable tribes to attain self-sufficiency, strengthen their governments, and reduce crime. 

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 Indian education is a top priority of the Assistant Secretary for Indian Affairs. BIA will review Indian 

education regulations to ensure that they adequately support efforts to provide students of BIA-funded 

schools with the best education possible. 

 Finally, BIA’s regulatory focus on increasing transparency implements the President’s Open 

Government Initiative. BIA will ensure that all regulations that it drafts or revises meet high standards of 

readability and accurately and clearly describe BIA processes. 

 BIA’s regulatory priorities are to: 

 Develop regulations to meet the Indian trust reform goals for land consolidation and land use 

management. 

BIA is amending regulations affecting land title and records, conveyances of trust or restricted land, 

leasing, grazing, trespass, rights-of-way, and energy and minerals. These regulatory changes will 

help the Department better serve beneficiaries and will standardize procedures for consistent 

execution of fiduciary responsibilities across the BIA. 

 Identify and develop regulatory changes necessary for improved Indian education. 

BIA is reviewing regulations addressing grants to tribally controlled community colleges and other 

Indian education regulations. The review 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 of Bureau-funded schools. 

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

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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 claim that the current 

process is cumbersome and overly restrictive. The BIA is reviewing the Federal acknowledgment 

regulations to determine if any regulatory changes are appropriate. 

 Revise regulations governing administrative appeals and other processes to increase transparency. 

The 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. A few of the regulations BIA will be focusing this effort 

on include the regulation governing administrative appeals (25 CFR part 2), the land use 

management regulations mentioned above, and regulations addressing various Indian services. 

The Bureau of Land Management 

 The 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. BLM’s complex multiple-use mission affects the lives of a great number of Americans, 

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

commodities, such as minerals, energy, or timber, produced from the lands’ rich resources. 

 The BLM's multiple-use mission conserves the lands’ natural and cultural resources and sustains the 

health and productivity of the public lands for the use and enjoyment of present and future generations. 

The BLM manages such varied uses as energy and mineral development, outdoor recreation, livestock 

grazing, and forestry and woodlands products. 

 The BLM has identified the following three areas of regulatory priorities. 

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 Energy Independence 

 Treasured Landscapes 

 Native American Nations 

 The summaries that follow explain how these three areas promote the BLM mission and the priorities 

of the Department. 

Energy Independence 

 BLM manages more Federal land than any other agency–more than 245 million surface acres and 700 

million subsurface acres of mineral estate. Thus, it plays a key role in ensuring that the Nation’s energy 

needs are met by managing both Federal renewable and non-renewable sources of energy. The BLM is 

analyzing proposals for increasing renewable energy development on public lands. The BLM will manage 

these proposals to assure they proceed in an environmentally and fiscally sound way that protects our 

natural resources and critical wildlife habitat for such species as the sage grouse and lynx. These 

projects will create environmentally friendly jobs and help sustain the quality of life that Americans enjoy 

today. 

 Another BLM priority is siting and authorizing transmission corridors to assist the national effort to 

move renewable energy from production sites to market. The BLM has already designated more than 

5,000 miles of energy transport corridors. The BLM will authorize rights-of-way across public lands 

through these energy transport corridors to allow development of transmission lines. 

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Treasured Landscapes 

 Protecting the landscapes of the National System of Public Lands involves numerous BLM programs 

as the agency moves toward a holistic, landscape-level approach to managing multiple public land uses. 

The BLM also engages partners interested in working on a broader scale across jurisdictional lines to 

achieve a common landscape vision. For the past several years, BLM, which manages the largest 

amount and the greatest diversity of fish and wildlife habitat of any Federal agency, has focused on 

restoring healthy landscapes in a number of ways, including: 

 Reducing the number of wild horses and burros on public lands, particularly in areas most affected by 

drought and wildfire. Maintaining the wild horse and burro population at appropriate management 

levels is critical in the effort to conserve forage resources that also sustain native wildlife and 

livestock. 

 Restoring habitat for sensitive, rare, threatened, and endangered species, such as sage grouse, 

desert tortoise, and salmon. 

 Supporting greater biodiversity through noxious weed and invasive species treatments to bring back 

native plants. 

 Improving water quality by restoring riparian areas and protecting watersheds. Enhanced water 

quality aids in the restoration of habitat for fish and other aquatic and riparian species. 

 Conducting post-fire recovery efforts to promote healthy landscapes and discourage the spread of 

invasive species. 

Native American Nations 

 BLM consults with Indian tribes on a government-to-government basis under multiple authorities and is 

continually working to assess and improve its tribal consultation practices. The BLM held listening 

sessions throughout the West on this important issue in 2009 and 2010 and received many valuable 

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comments. BLM has continued its efforts to improve its tribal consultation practices by participating with 

the Department in multiple listening sessions with tribes throughout the country. 

 The Native American Graves Protection and Repatriation Act (NAGPRA), enacted in 1990, addresses 

the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native 

American human remains, funerary objects, associated funerary objects, sacred objects, and objects of 

cultural patrimony with which they are affiliated. The statute and implementing regulations represent a 

careful balance between the legitimate interests of lineal descendants, Indian tribes, and Native Hawaiian 

organizations to control the remains of their ancestors and cultural property and the legitimate public 

interests in scientific and educational information associated with the human remains and cultural items. 

 BLM is complying with the new NAGPRA regulations, including inventorying and repatriating human 

remains and other cultural items that are in BLM museum collections. BLM also consults with Indian 

tribes on implementing appropriate actions when human remains and other cultural items subject to 

NAGPRA are inadvertently discovered or intentionally excavated on the public lands. 

 Additionally, BLM, in cooperation with the Bureau of Indian Affairs, helps tribes and individual Indian 

allottees develop their solid and fluid mineral resources. BLM is responsible for development, product 

measurement, and inspection and enforcement of extracting operations of the mineral estate on trust 

properties. 

BLM’s Regulatory Priorities 

 The BLM’s regulatory focus is directed primarily by the priorities of the President and Congress, which 

include: 

 Generating jobs and promoting a healthy economy by facilitating domestic production of various 

sources of energy, including biomass, wind, solar, and other alternative sources. 

 Providing for a wide variety of public uses while maintaining the long-term health and diversity of the 

land. 

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 Preserving significant natural, cultural, and historic resource values. 

 Understanding the arid, semi-arid, arctic, and other ecosystems that BLM manages. 

 Using the best scientific and technical information to make resource management decisions. 

 Understanding the needs of the people who use and enjoy BLM-managed public lands and providing 

them with quality service. 

 Securing the recovery of a fair return for using publicly owned resources, and avoiding the creation of 

long-term liabilities for American taxpayers. 

 Resolving problems and implementing decisions in cooperation with other agencies, states, tribal 

governments, and the public. 

 In developing regulations, BLM recognizes the need to ensure communication, coordination, and 

consultation with the public, including affected interests, tribes, and other stakeholders. BLM also works 

to draft regulations that are easy for the public to understand and that provide clarity to those most 

affected by them. 

 The BLM’s specific regulatory priorities include: 

 Revising onshore oil and gas operating standards. 

The BLM expects to publish rules to revise several existing onshore oil and gas operating orders and 

propose one new onshore order. Onshore orders establish requirements and minimum standards 

and provide standard operating procedures. The orders are binding on operating rights owners and 

operators of Federal and Indian (except the Osage Nation) oil and gas leases and on all wells and 

facilities on state or private lands committed to Federal agreements. The BLM is responsible for 

ensuring that oil or gas produced and sold from Federal or Indian leases is accurately measured for 

quantity and quality. The volume and quality of oil or gas sold from leases is key to determining the 

proper royalty to be paid by the lessee to the Office of Natural Resources Revenue. Existing 

Onshore Orders Number 3, 4, and 5 would be revised to use new industry standards so that they 

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reflect current operating procedures and to require that proper verification and accounting practices 

are used consistently. New Onshore Order Number 9 would cover waste prevention and beneficial 

use. The revisions would ensure that proper royalties are paid on oil and gas removed from Federal 

and Trust lands. 

 Revising coal-management regulations. 

The BLM plans to publish a proposed rule to amend the coal-management regulations that pertain to 

the administration of Federal coal leases and logical mining units. The rule would primarily implement 

provisions of the Energy Policy Act of 2005 that pertain to administering coal leases. The rule also 

would clarify the royalty rate applicable to continuous highwall mining, a new coal-mining method in 

use on some Federal coal leases. 

 Publishing rules on paleontological resources preservation. 

The 2009 omnibus public lands law included provisions on permitting for the collection of 

paleontological resources. The BLM and the National Park Service are co-leads of a team with the 

U.S. Forest Service that will be drafting a paleontological resources rule. The rule would address the 

protection of paleontological resources and how BLM would permit the collection of these resources. 

The rule would also address other issues such as administering permits, casual collection of rocks 

and minerals, hobby collection of common invertebrate plants and fossils, and civil and criminal 

penalties for violation of these rules. 

 Amending rules on royalty rate increases for new Federal Onshore Competitive Oil and Gas Leases. 

The BLM will consider amending its oil and gas regulations to set higher royalty rates for new Federal 

onshore competitive oil and gas leases issued on or after the effective date of the rule. This rule 

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would revise existing regulations by increasing royalty rates based on the options set out in the 

proposed rule. 

The Bureau of Ocean Energy Management, Regulation, and Enforcement 

 The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) replaced the 

former Minerals Management Service (MMS). On October 1, 2011, BOEMRE was reorganized and 

divided into two new Bureaus, under the Assistant Secretary for Land and Minerals Management: 

1) The Bureau of Ocean Energy Management (BOEM) now functions as the resource manager for the 

conventional and renewable energy and mineral resources on the OCS. It fosters environmentally 

responsible and appropriate development of the OCS for both conventional and renewable energy and 

mineral resources in an efficient and effective manner that ensures fair market value for the rights 

conveyed. 

2) The Bureau of Safety and Environmental Enforcement (BSEE) applies independent regulation, 

oversight, and enforcement powers to promote and enforce safety in offshore energy exploration and 

production operations and ensure that potentially negative environmental impacts on marine 

ecosystems and coastal communities are appropriately considered and mitigated. 

 Our regulatory focus for fiscal year 2012 is directed by Presidential and legislative priorities that 

emphasize contributing to America’s energy supply, protecting the environment, and ensuring a fair return 

for taxpayers for energy production from Federal and Indian lands. 

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 BOEM’s regulatory priorities are to: 

 Finalize Regulations for Leasing of Sulphur or Oil and Gas and Bonding Requirements in the Outer 

Continental Shelf 

This final rule updates and streamlines the existing OCS leasing regulations and clarifies 

implementation of the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996. This final 

rule reorganizes leasing requirements to communicate more effectively the leasing process, as it has 

evolved over the years. This final rule makes changes to 30 CFR parts 250, 256, and 260 that relate 

to the oil and gas leasing and bonding requirements. 

 BSEE’s regulatory priorities are to: 

 Establish Additional Requirements for Safety Measures for Drilling and Other Well Operations for Oil 

and Gas 

This will be an Advance Notice of Proposed Rulemaking to address recommendations from the 

“Increased Safety Measures for Energy Development on the Outer Continental Shelf” report that were 

not covered by an Interim Final Rule BOEMRE, BSEE’s predecessor, published on October 14, 2010. 

The safety measures recommendations include additional requirements for blowout preventers, 

remotely operated vehicles, secondary control systems, and cement evaluation techniques. Detailed 

responses to the questions and ideas posed in this Advance Notice of Proposed Rulemaking would 

allow BSEE to develop more comprehensive regulations, if needed, and have a better understanding 

of the impacts. 

 Revise Regulations on Safety and Environmental Management Programs for Offshore Operations 

and Facilities 

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This rulemaking proposes to revise 30 CFR part 250 (subpart S) regulations to require operators to 

develop and implement additional provisions in their Safety and Environmental Management Systems 

(SEMS) programs for oil, gas, and sulphur operations in the Outer Continental Shelf (OCS). These 

revisions pertain to developing and implementing: (1) Stop work authority, (2) ultimate work authority, 

(3) requiring employee participation in the development and implementation of SEMS programs, and 

(4) establishing requirements for reporting unsafe working conditions. In addition, this proposed rule 

(5) requires independent third parties to conduct audits of operators’ SEMS programs and (6) 

establishes further requirements relating to conducting job safety analyses (JSA) for activities 

identified in an operator’s SEMS program. BSEE believes that these new requirements will further 

reduce the likelihood of accidents, injuries, and spills in connection with OCS activities, by requiring 

OCS operators to specifically address issues associated with human behavior as it applies to their 

SEMS program. 

 Develop additional rules and regulations as a result of ongoing reviews of BSEE’s offshore regulatory 

regime 

Several investigations and reviews of BOEMRE, now BSEE, have been and are being conducted by 

various agencies and entities–including the Safety Oversight Board, the Office of Inspector General, 

the President’s Deepwater Horizon Commission, the National Academy of Engineering, and the joint 

BOEMRE/United States Coast Guard (USCG) investigation of Deepwater Horizon. Some of these 

investigations and reviews focus narrowly on the Deepwater Horizon explosion; others are broader in 

focus and include many aspects of the current regulatory system. BSEE expects that 

recommendations for regulatory changes–both substantive and procedural–will be generated by 

these investigations and reviews, and will need to be reviewed, analyzed, and potentially incorporated 

in new or modified regulations. The Secretary established the Ocean Energy Safety Advisory 

Committee to provide advice on matters related to drilling and workplace safety, and spill containment 

and response. This Committee is expected to make recommendations for new or modified 

regulations. 

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Office of Natural Resources Revenue 

 The revenue responsibilities of the former MMS now are located in the Office of Natural Resources 

Revenue (ONRR), which 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. The regulatory program of 

ONRR seeks to: 

 Simplify valuation regulations 

ONRR plans to simplify the regulations at 30 CFR part 1206 for establishing the value for royalty 

purposes of (1) oil and natural gas produced from Federal leases; and (2) coal and geothermal 

resources 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. 

 Finalize debt collection regulations 

ONRR is preparing regulations governing collection of delinquent royalties, rentals, bonuses, and 

other amounts due under Federal and Indian oil, gas, and other mineral leases. The regulations 

would include provisions for administrative offset and would clarify and codify the provisions of the 

Debt Collection Act of 1982 and the Debt Collection Improvement Act of 1996. 

 Continue to meet Indian trust responsibilities 

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ONRR has a trust responsibility to accurately collect and disburse oil and gas royalties on Indian 

lands. ONRR will increase royalty certainty by addressing oil valuation for Indian lands through a 

negotiated rulemaking process involving key stakeholders. 

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. They 

are: 

 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 

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tribe achieves “primacy,” it assumes direct responsibility for permitting, inspection, and enforcement 

activities under its federally approved regulatory program. Today, 24 of the 26 coal-producing States 

have primacy. In the 2006 amendments to SMCRA, Indian tribes with coal resources were provided the 

opportunity to assume primacy. No tribes have done so to date, although three tribes have expressed an 

interest in submitting a tribal program. 

 OSM's regulatory priorities for the coming year will focus on: 

 Stream Protection 

Protect streams from the adverse effects of surface coal mining operations; and 

 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 helps ensure a healthy environment for people by providing 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; 

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 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 almost 150-million-acre National Wildlife Refuge System, which includes 555 

 National Wildlife Refuges and which protects and conserves fish and wildlife and their habitats 

 and allows the public to engage in outdoor recreational activities. 

 Critical challenges to the work of FWS include global climate change; shortages of clean water 

suitable for wildlife; invasive species that are harmful to our fish, wildlife, and plant resources and their 

habitats; and the alienation of children and adults from the natural world. To address these challenges, 

FWS has identified six priorities: 

 The National Wildlife Refuge System—conserving our lands and resources; 

 Landscape conservation—working with others; 

 Migratory birds—conservation and management; 

 Threatened and endangered species—achieving recovery and preventing extinction; 

 Connecting people with nature—ensuring the future of conservation; and 

 Aquatic species—the National Fish Habitat Action Plan (a plan that brings public and private 

partners together to restore U.S. waterways to sustainable health). 

 To carry out these priorities, FWS has a large regulatory agenda that will, among other things: 

 List, delist, and reclassify species on the Lists of Endangered and Threatened Wildlife and Plants 

and designate critical habitat for certain listed species; 

 Update our regulations to carry out the Convention on International Trade in Wild Fauna and 

Flora; 

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 Manage migratory bird populations; 

 Administer the subsistence program for harvest of fish and wildlife in Alaska; 

 Update our regulations governing the Wildlife and Sport Fish Restoration Program; and 

 Set forth hunting and sport fishing regulations for the National Wildlife Refuge System. 

 Additionally, FWS is working with the National Oceanic and Atmospheric Administration and the 

Environmental Protection Agency, via a contract with the National Research Council (NRC), to review 

scientific issues associated with the Federal Insecticide, Fungicide, and Rodenticide Act. Once the 

NRC’s report is completed, the agencies will work together to develop an approach that produces 

efficient, scientifically defensible biological evaluations protective of listed species. 

 Further, the FWS’ Regional Directors and/or Ecological Services State Supervisors or Project leaders 

will be meeting with their State counterparts to discuss the role of State agencies in ESA initiatives to 

enhance their involvement in implementing the ESA’s provisions. 

National Park Service

 The NPS preserves unimpaired the natural and cultural resources and values within almost 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. The 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 the 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. 

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 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. 

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

decisionmaking 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. 

 The NPS Division of Regulations and Special Park Uses provides agency coordination for a variety of 

activities that directly affect the management of visitor use and resource protection within the National 

Park System to carry out this mission. Our regulatory priorities include among other issues: 

 Revising existing regulations pertaining to: 

 Commercial Film and Related Activities 

 Solid Waste Disposal 

 Non-Federal Oil and Natural Gas Rights 

 Rights-of-Way 

 Establishing rules related to: 

 Collection of Natural Products by Members of Federally Recognized Tribes for Traditional and 

Cultural Purposes 

 Managing Winter Use at Yellowstone NP 

 Managing Off Road Vehicle Use and Bicycling 

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 Implementation of the Native American Graves Protection and Repatriation Act 

 Establishing Standards and Procedures for Disposition of Archeological Materials 

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, Reclamation employs 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. Reclamation has continued to focus on increased security at its facilities. 

 The Reclamation regulatory program focus in fiscal year 2012 is to ensure that its mission and laws 

that require regulatory actions are carried out expeditiously, efficiently, and with an emphasis on 

cooperative problem solving by implementing two newly authorized programs: 

 Rural Water Supply Program 

Title I of Public Law 109-451 authorizes the establishment of a rural water supply program to enable 

the Bureau of Reclamation to coordinate with rural communities throughout the Western United 

States to identify their potable water supply needs and evaluate options for meeting those needs. 

Under the Act, Reclamation is finalizing a rule that will define how it will identify and work with eligible 

rural communities. Reclamation published an interim final rule on November 17, 2008, and expects 

to publish a Second Notice of Proposed Rulemaking in 2012 that will address comments received 

from the public. 

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 Loan Guarantees 

Title II of Public Law 109-451 authorizes the Secretary of the Interior, through the Bureau of 

Reclamation, to issue loan guarantees to assist in financing: (a) Rural water supply projects, (b) 

extraordinary maintenance and rehabilitation of Reclamation project facilities, and (c) improvements 

to infrastructure directly related to Reclamation projects. This new program will provide an additional 

funding option to help western communities and water managers to cost effectively meet their water 

supply and maintenance needs. Under the Act, Reclamation is working with the Office of 

Management and Budget to publish a rule that will establish criteria for administering the loan 

guarantee program. Reclamation published a proposed rule on October 6, 2008, and expects to 

publish a Second Notice of Proposed Rulemaking in 2012 that will address comments received from 

the public. 

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