On January 17, 2017, the BLM issued three rules that updated and replaced the BLM’s existing Onshore Oil and Gas Orders (Onshore Orders) for site security (Onshore Order 3), measurement of oil (Onshore Order 4), and measurement of gas (Onshore Order 5). The three rules were codified in title 43 of the Code of Federal Regulations (CFR) at subparts 3170 (Onshore Oil and Gas Production: General), 3173 (Requirements for Site Security and Production Handling), 3174 (Measurement of Oil), and 3175 (Measurement of Gas). These rules were prompted by external and internal oversight reviews, which found that many of the BLM’s production measurement and accountability policies were outdated and inconsistently applied. The rules addressed some of the Government Accountability Office concerns for areas of high risk with regard to the Department’s production accountability. The rulemakings also provided a process for approving new measurement technology that meets defined performance goals.

In accordance with Executive Order 13783, Promoting Energy Independence and Economic Growth (March 28, 2017), and Secretarial Order No. 3349, American Energy Independence, (March 29, 2017), the BLM has undertaken a review of the rules to determine if certain provisions may have added regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation. As a result of this review, the BLM is developing a proposed rulemaking action that will propose to modify certain provisions of 43 CFR subparts 3170, 3173, 3174, and 3175 in order to reduce unnecessary and overly burdensome regulatory requirements.