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DOI/BLM RIN: 1004-AD90 Publication ID: Fall 2008 
Title: Oil Shale Leasing and Operations 
Abstract: The Energy Policy Act of 2005 envisions a 3-step approach to the development of oil shale resources. The first step is the creation of a limited Research, Development, and Demonstration (RDD) Leasing Program designed to evaluate and test promising oil shale technology. Step two in the process is the completion of a Programmatic Environmental Impact Statement for leasing of Oil Shale and Tar Sands on public lands, with an emphasis on the most geologically prospective lands within the States of Colorado, Utah, and Wyoming. The third step in the process is the creation of rules regulating the leasing and development of the oil shale. This rule would create the regulations necessary to develop converted RDD leases and make commercial exploration, leasing, and development possible. 
Agency: Department of the Interior(DOI)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 43 CFR 3900   
Legal Authority: Sec. 369(d) of the Energy Policy Act of 2005   
Legal Deadline:  None

Statement of Need: Currently there are no regulations in place that allow leasing and development of oil shale resources. The rule would establish the regulatory framework allowing commercial leasing and development of oil shale.

Summary of the Legal Basis: Sec. 369(d) of the Energy Policy Act of 2005 requires that the Secretary of the Interior publish final regulations establishing a commercial leasing program for Oil Shale and Tar Sands.

Alternatives: There is no alternative to creation of the regulations. Creation of the regulations is mandated by sec. 369(d) of the Energy Policy Act of 2005.

Anticipated Costs and Benefits: BLM anticipates the following benefit: Increased Federal revenue and domestic fuel production, decreased dependency on energy imports, and the expansion of local economies through employment and taxes. The major categories of costs include: BLM administrative costs, including enforcement and monitoring, and compliance costs for lessees.

Risks: Development of the oil shale resources will place additional demands on the lands and localities containing the oil shale resources. These demands will result in increased resource conflicts (i.e., oil and gas, nahcolite, and wildlife) and pressure on local governments/infrastructure (i.e., law enforcement, schools, hospitals and roads).

Timetable:
Action Date FR Cite
ANPRM  08/25/2006  71 FR 50378   
ANPRM Comment Period End  09/25/2006    
Comment Period Extended  09/26/2006  71 FR 56085   
ANPRM Comment Period End  10/25/2006    
NPRM  07/23/2008  73 FR 42926   
NPRM Comment Period End  09/22/2008    
Final Action  11/00/2008    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Mitchell Leverette
Division Chief, Solid Minerals (WO-320)
Department of the Interior
Bureau of Land Management
Room 2134 LM, 20 M Street SE,
Washington, DC 20003
Phone:202 912-7113
Fax:202 912-7199
Email: mleveret@blm.gov