established that roads, levees, canals, seismic operations, drilling rigs, 

 drilling operations, production facilities, production operations, storage 

 facilities, flowlines, and pipelines off the refuge to carry petroleum products 

 for sale constitute uses of the surface that are "necessary and convenient" 

 for the enjoyment of oil and gas exceptions and reservations. Other uses, 

 however, may not fall into this category. Consequently, the USFWS may have 

 sufficient authority as surface owner to regulate these other uses. Pipelines 

 leading into and across refuges, but not emanating from operations on the refuge, 

 are a case in point. The USFWS does have the authority to regulate these pipe- 

 lines so that they cause a minimum of disruption and destruction to the refuge. 



MANAGEMENT OF OIL AND GAS ACTIVITIES 



Where minerals are "outstanding" (excepted), the USFWS has a limited abil- 

 ity to manage surface oil and gas activities. The refuge manager is respon- 

 sible for assuring that there is a legal right to enter for oil and gas opera- 

 tions and for maintaining close cooperation with the operator to minimize distur- 

 bance arid damage. He also sees that conditions of prior leases or deeds are 

 fulfilled from the viewpoint of refuge interests. In fact, one of the keys to 

 successful management lies in the cooperation between the refuge manager and 

 the operator. On many refuges where the USFWS has had little control due to 

 "ircumstances of ownership, it has been the cooperation becween manager and 

 operator that has resulted in minimizing many potential impacts. 



Permits 



There are several types of permits given by the USFWS for oil and gas 

 activities. For seismic operations, a special use permit is required. If the 

 applicant is anyone other than the owner or lessee of the minerals, he is 

 required to show proof of authorization from the mineral owner/lessee. Usually, 

 the seismic operator or owner/lessee informs the refuge manager, and often the 

 appropriate regional office, of intent to make a seismic survey. The refuge 

 manager and regional office confer by phone or letter during which time the 

 manager may give site-specific details concerning the route or special circun 

 stances. They agree upon a set of stipulations to accompany the permit, and 

 the regional office issues the permit. Usually, a fee is charged based on the 

 number of shot holes drilled. The manager ensures that the terms of the permit 

 are carried out by the applicant. 



Permits are issued for other activities as well. Gravity-meter surveys 

 follow the same sort of procedure described for seismic surveys. In some areas, 

 canal use has required issuance of a permit by refuge managers. Access-road 

 and drilling permits have been issued where the USFWS has had clear regulatory 

 authority. For pipelines, two permits are usually issued. The first is a 

 temporary permit for construction of the line. A temporary easement is granted 

 in this permit, and a number of stipulations for the construction are detailed. 

 A second permit is issued defining the operation right-of-way easement, duration 

 of the easement, and stipulations for the operation of the pipeline. 



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