2008-07-16_REVISION - C1980007 (2)

Home Browse Search

IBLA 2007-213 covers Federal lands, UAE was obligated- by law. to prepare, for approval by ELM, a Resource Recovery and Protection Plan (R2P2) pursuant to BLM regulations at 4$ C.F.R. § 348211. See, also 43 U.S.C. § 2021'(2000); 43 C.F;R. § 3487.1 (applications for.approval of logical raining units (LMUs)), UAE roust conduct irs operations ins accordance with its R2P2, and any LMU approval, neither of which is present in the record, The old adage of the canary in the coal mine establishes well enough what is commonly known to be true, that coal mining releases methane. During the 1980s, as a result: of technological advances, oil and gas companies developed the ability to produce coalbed methane economically. Burlington Northern Resources Oil & Gas Company, 153 IBLA 45, 49 (2000). The advent of this technology and the Supreme Court's decision regarding the ownership of coalbed methane gas deposits, Amoco v. Southern UUte Indian Tribe, 526 U.S. 865, generated conflicts between oil and gas lessees and coal lessees on the same public lands. Coalbed methane deposits. on Federal lands are undoubtedly leased pursuant to MICA oil and gas leases and not coal leases. E.g., Powder River Basin Resource Council, 120 IBLA 47, 49 (1991). Consequently, ELM and the Department issued various Instruction Memoranda and, policy statements on the topic. E.g., Feb. 5, 1991, Memorandum from Associate Solicitor, Division of Energy and Resources, to Director, BLM, "Use of Compensatory Royalty Agreements Rather than. Competitive Leasing for Future Interest Oil and Gas Lands with Producing Welle; Feb. 22, 2000, Instruction Memorandum No. (IM) 2000-031, "Policy on conflicts between Coal Bed Methane (CBM) and Coal Development"; Aug. 21, 2003, IM 2003-253, "Policy and Guidance on Conflicts Between Coalbed Natural Gas (CBNG) and Surface Coal Mine Development in the Powder River Basin." Considering the policy guidance of IM 2000-081 regarding conflicts between lessees of coal and lessees of oil and gas, the Deputy State Director, Natural Resources, Utah State Office, BLM, issued a "Policy for Oil and Gas Leasing on Lands Presently Being Developed for Underground Coal," on March 23, 2001. This document pertained to public lands managed by the Utah State Office and states: [E]xisting policy for oil and gas leasing on lands presently being developed for coal needs to be documented. We have.determined that i Pnie . le-widt-undergr-=d loyzgwaU- ink, so oil and gas teases will not be offered over coat lands contained within the mine permit areas for ccisting coat mines or within coal lease tracts expected to be developed within the next ten years. Mar. 23, 2001, Deputy State Director Policy Memorandum (emphasis added). Consistent with tills policy; the public lanrIs::sub?ect to eaal leasL-s authoilift development":of the. Aberdeen--Mi .' aie' nbt leased for oil an gas. 175 IDLA 10 'd UU 'ON viol !0sn ?W Wzl 800Z '9Z "_ - VVJ e0:0T onn7/17/on