Mr. Speaker, I would like to include in the Record the letter from Assistant Secretary Allred relating to this bill that my colleague from Oklahoma referenced in her remarks. Department of the…
Mr. Speaker, I would like to include in the Record the letter from Assistant Secretary Allred relating to this bill that my colleague from Oklahoma referenced in her remarks.
Department of the Interior,
Office of the Secretary,
Washington, DC, June 25, 2008.
Hon. Don Young,
Ranking Republican Member, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Young: Thank you for your letter of June 19, 2008,
to Secretary Kempthorne regarding a recent report on oil and
gas by the House Committee on Natural Resources. Secretary
Kempthorne has asked me to reply.
In your letter you asked that the Department of the
Interior (Department) address the report's claim that oil
companies hold non-producing leases on 68 million acres which
could produce 4.8 million barrels of oil and 44.7 of natural
gas each day.
The report does not reference specific locations for much
of the data and therefore we cannot ascertain where each of
the numbers was derived. It appears the report took raw data,
some of which can be found on the Department websites, and
then used various formulas to reach certain conclusions. The
report does not disclose the assumptions or formulas used.
The views contained in the report are based on a
misunderstanding of the very lengthy regulatory process. The
existence of a lease does not guarantee the discovery of, or
any particular quantity of oil and gas. To
truly determine this, lessees must develop data and
eventually explore their leases which requires numerous
permits involving compliance with various environmental laws
and regulations. This process often takes months or years. In
addition, lessees undertake a vast array of business steps
prior to making a decision to move a lease into production,
and must obtain another set of Federal and State permits to
do so. I would like to provide some background on both
points.
Obtaining a lease is just the first step. The lessee must
first obtain the myriad of permits and approvals for
exploration activities and development plans that are
required before production can occur. Exploration, which
occurs after the issuance of the lease, is critical. For
example, after an operator acquires an onshore lease they
must obtain Geophysical Permits, Permits to Drill, Sundry
Notices, and permits that may be required by State
government. In addition to all necessary permits being
obtained, an operator must also file a plan of
development.
Development offshore is equally complex. An operator must
obtain Geological and Geophysical Exploration Permits,
Environmental Protection Agency National Pollutant Discharge
Elimination System Permits, an Army Corps of Engineers
Permit, Permits to Drill, and Marine Mammals/Endangered
Species Permits. If a lessee makes the decision to move to
development, in addition to the myriad of required permits,
an operator must file numerous plans, including Deepwater
Operations Plans, Oil Spill Response Plans, Hydrogen Sulfide
Plans, Development Plans or Development Operations
Coordination Documents.
While these lists are not exhaustive, they illustrate the
efforts that must be undertaken before a lease can be
explored and developed and production comes online. A more
comprehensive list of the various permits, approvals, and
other legal and regulatory prerequisites that may be required
based on site specifics for both onshore and offshore
production is attached for your information.
In addition to the processes mentioned above, other factors
affect potential development and subsequent production. These
factors include capital investments and equipment such as
drilling rigs and platforms.
In shallow water, approximately one in three wells results
in a discovery of a quantity of oil and/or natural gas
sufficient to produce economically In deeper water, one well
in five is economical. Shallow wells cost approximately
$200,000 for just the drilling. In deepwater, the drilling of
one well may cost $100 million to $200 million. A full
development project, including a platform or floater,
involves multiple blocks and has cost as much as $3.5
billion. Onshore development is less expensive. A well cost
10,000 feet or deeper well will $2 million to $3 million. A
shallow well runs about $200,000.
To illustrate further that a lease does not mean the
discovery of oil and gas, it is important to look at the well
success rates. For onshore leases, the well success rate is
about 10 percent for new areas. For areas already developed,
it is much higher--about 95%. For offshore, in shallow water,
the success rate is about 33 percent. In deepwater it is
about 20 percent.
In the Gulf of Mexico, 1132 new deep water exploration
wells have been drilled since 1995, with over 170 new
discoveries. While the government does conduct activities to
determine resource availability, it is the private sector
that funds exploration activities for more refined data and
analysis on a site specific basis that can lead to
production. The lengthy processes we have in place can lead
to more production but it takes time to find the exact
location of those resources.
In today's market, it does not make business sense for
lease holders to defer or forgo pursuing production and
continue to pay rental fees. In addition to the bonus bid
paid at the time of a lease being issued, lessees are
required to pay rentals for leases. In Fiscal Year 2007,
$267.2 million in rental fees was collected as rent for
oil and gas, coal, and other mineral leases.
If a lessee determines that leased acreage does not contain
sufficient resources to produce economically, it will
typically relinquish the lease, and the Federal Government is
free to offer the tract at a subsequent lease sale. However,
only after numerous steps are taken, and leased acreage is
determined to contain economically and technologically
producible oil and gas, can a lessee justify the significant
investment required to bring leased acreage into producing
status.
While increasing the productivity of already leased land is
important, to ensure our country's future security and
economic well being we need to open new areas for
development. The lengthy processes we have in place, which
can lead to more production, means that we need to look to
new areas. We cannot ignore that the world's demand for oil
has grown dramatically. Meanwhile, the supply of oil has
grown much more slowly. As a result, oil prices have risen
sharply, and that increase has been reflected at American
gasoline pumps.
Sincerely,
C. Stephen Allred,
Assistant Secretary,
Land and Minerals Management.
Attachments.
Plans and Permits Required on OCS
The number of required plan and permit approvals is on the
order of 25 to 30. The reason for a range is that the
specific lease holder may not file for certain permits on
their own. For example, they may not file for a G&G
(geological/geophysical) permit but it is certain that no
lease holder will move forward without geophysical data to
guide them. They may obtain sufficient data from a third
party that acquired under their own speculative permit with
the intention to sell the information to successful lease
bidders. Additionally, there may be supplemental plans filed
to cover changes in assumptions based on newer information
and other steps that not all lessees will need to file. The
overview of MMS regulations is at http://www.gomr.mms.gov/ homepg/regulate/regs/reg_sum.html with a discussion of the
plans and permits at http://www.gomr.mms.gov/homepg/regulate/ regs/laws/env safe.html_#perapp. Following is a fairly
complete list of the plans and permits that a lessee may have
to file to bring a lease to production:
List of Typical Plans and Permits Required to Bring a Lease to
Production
Oil and Gas Lease.
Geological and Geophysical Exploration permit.
Exploration Plan.
Coast Guard Compliance review for mobile drilling units.
Oil Spill Response Plan.
Oil Spill Financial Responsibility.
Hydrogen Sulfide Plan (some locations).
Coastal Zone Management Consistency Determination
(Exploration).
Army Corps of Engineers Permit (Navigation and National
Security).
EPA National Pollutant Discharge Elimination System Permit.
EPA Air Emissions Permit (some locations).
Marine Mammals/Endangered Species permits from NOAA or FWS
(some locations).
Application for Permit to Drill (exploratory wells).
Application for Permit to Modify (any changes in drilling
program).
Application for Permit to Modify (to plug and abandon
exploration wells).
Deepwater Operations Plan (for some locations).
Conservation Information Document (for some locations).
Coast Guard Structural Review (for floating production
systems).
Certified Verification Agent Review (for some locations).
Development Plan or Development Operations Coordination
Document (depending on location).
Pipeline Right-of-Way. Coastal Zone Management Consistency
Determination (Development).
Application for Permit to Drill (development wells).
Application for Permit to Modify (any changes in
development drilling program).
Application for Permit to Modify (to plug and abandon
development wells).
Platform Removal Application.
Pipeline Decommissioning Application.
Permits, Plans, and Surveys for Development of an Oil and Gas Lease On-
Shore
BLM Permits, Plans, and Surveys
Geophysical Exploration Permit--Notice of Intent; Notice of
Completion--(Required if the operator chooses to conduct this
optional activity) Purpose: Allows exploration for oil and
gas resources on Federal lands.
National Environmental Policy Act
(NEPA) Review--Environmental review may consist of review and
documentation through a Determination of NEPA Adequacy (DNA),
Categorical Exclusion (CX), Environmental Assessment (EA), or
Environmental Impact Statement (EIS). (May be completed by
the BLM or the Operator to BLM standards. The BLM signs the
Decision).
Land Use Plan Conformance--Project evaluated to ensure it
is in conformance with the BLM's land use plan.
Surveys--(Completed by the BLM or the Operator.)
Cultural Survey--Almost always required. Almost always
completed through an operator-funded contract with a cultural
survey contractor that has been approved by the BLM. May
involve consultation with the State Historic Preservation
Officer.
Wildlife Surveys--Frequently required. May be completed by
the BLM or the operator to BLM standards.
Endangered Species Act Consultation--only required when
endangered species may be affected by the project.
Tribal Consultation--May occur at the Planning or
Permitting stage in areas where Indian tribes have
historically used an area or have expressed an interest in
proposed projects.
Oil and Gas Lease--(Required) Conveys a basic right to
develop oil and gas from Federal Mineral estate pending
approval of additional site-specific permits.
Land Use Plan Conformance--The proposed lease is evaluated
to ensure it is in conformance with the BLM's land use plan.
Tribal Consultation--May occur at the leasing stage if not
current in the land use plan.
Endangered Species Act Consultation--May occur at the
leasing stage if not current in the land use plan and there
are endangered species present.
Communitization/Unitization Approval--(Some Locations)
Creates management units to improve development efficiency.
Plan of Developent--(If operations are located within a
unit agreement) Creates a development management plan for the
Unit.
Application for Permit to Drill (APD)--(Required) Contains
the operator's proposed
drilling and surface use plans and any additional permit
requirements added by the BLM. The BLM may also require
Cultural and Wildlife surveys.
National Environmental Policy Act (NEPA) Review--
Environmental review may consist of review and documentation
through a Determination of NEPA Adequacy (DNA), Categorical
Exclusion (CX), Environmental Assessment (EA), or
Environmental Impact Statement (EIS). (May be completed by
the BLM or the Operator to BLM standards. The BLM signs the
Decision.)
Land Use Plan Conformance--Project evaluated to ensure it
is in conformance with the BLM's land use plan.
Surveys--(Completed by the BLM or the Operator.)
Cultural Survey--Almost always required. Almost always
completed through an operator-funded contract with a cultural
survey contractor that has been approved by the BLM. May
involve consultation with the State Historic Preservation
Officer.
Wildlife Surveys--Frequently required. May be completed by
the BLM or the operator to BLM standards.
Endangered Species Act Consultation--only required when
endangered species may be affected by the project.
Tribal Consultation--May occur at the Planning or
Permitting stage in areas where Indian tribes have
historically used an area or have expressed an interest in
proposed projects.
Sundry Notice--(Required) Notifies the BLM of the
operator's proposed changes to the APD.
Approval and/or Review--In limited cases may involve NEPA,
Cultural, Wildlife, ESA reviews and consultation.
Hydrogen Sulfide Plan--(Required if the poison gas may be
encountered) Plans for protection of public health land
safety in the event of a hydrogen sulfide leak.
Right-of-Way Grant--(Required for any development that
occurs off the lease area.) Provides legal access for roads,
pipelines, and powerlines.
National Environmental Policy Act (NEPA) Review--
Environmental review may consist of review and documentation
through a Determination of NEPA Adequacy (DNA), Categorical
Exclusion (CX), Environmental Assessment (EA), or
Environmental Impact Statement (EIS). (May be completed by
the BLM or the Operator to BLM standards. The BLM signs the
Decision.) Usually completed in conjunction with the APD
NEPA analysis.
Land Use Plan Conformance--Project evaluated to ensure it
is in conformance with the BLM's land use plan.
Surveys--(Completed by the BLM or the Operator.)
Cultural Survey--Almost always required. Almost always
completed through an operator-funded contract with a cultural
survey contractor that has been approved by the BLM. May
involve consultation with the State Historic Preservation
Officer.
Wildlife Surveys--Frequently required. May be completed by
the BLM or the operator to BLM standards.
Endangered Species Act Consultation--only required when
endangered species may be affected by the project.
Tribal Consultation--May occur at the Planning or
Permitting stage in areas where Indian tribes have
historically used an area or have expressed an interest in
proposed projects.
other federal. state. or local permits and plans
Air Emission Permit--(May be required by State).
National Pollutant Discharge Elimination System Permit--
(May be required by the State or EPA).
Section 404 Permit--(May be required by the Army Corp of
Engineers if the project would potentially dredge or fill
waters of the U.S.).
Storm Water Prevention Plan--(Required in some States).
UIC Permit--(Required for Class II wells--water disposal or
reinjection).
Spill Prevention Countermeasure Control Plan--This is a
permit required by EPA when oil and gas activities have the
potential to impact waters of the United States.
Mr. Speaker, the justification for this legislation is a report from Democrats on the Natural Resources Committee, and in that report the conclusion is reached: ``We can estimate that the 68 million acres of leased but currently inactive Federal land and waters could produce an additional 4.8 million barrels of oil and 44.7 billion cubic feet of natural gas each day.''
Mr. Speaker, may I ask that the gentleman controlling the time on the other side be yielded time to respond to a question?
I understand that the Department of the Interior has issued a letter saying that they don't agree with the assumptions of your report.
Can you name a single professional organization or government agency that has told you that they agree with the assumptions or calculations used to reach the conclusion that I have just read from the report?
Reclaiming my time, Mr. Speaker, the answer to that question is ``no.'' There is no professional group or government agency that agrees with those assumptions.
In his opening remarks, the good chairman said we must ``increase our supply'' of crude oil and that the answer to our energy needs in the short term is to increase American production.
Then why aren't we voting on that today? The fact is that the assumptions that this bill is premised on are false and that there will be no increased production from this bill.
Congress is to blame for the shortage of American production today, and this is having a real impact on people. There's a gal who is a certified nursing assistant in Boise, Idaho, who's taking care of my mother and my younger sister in a nursing home.
Mr. Speaker, this young lady, who's a CNA, last week took her husband's bicycle and a few other items to a pawn shop to get $37 so she could put gas in her car to go to work at this nursing home to take care of my mother and my sister. This is having a horrendous impact on real life people.
Mr. Speaker, it's time for partisanship to be put aside. It's time for Congress to get to the real answer, which is increasing American production.