An operator submitting a plan of operations to the Bureau of Land Management (BLM) may request an exception, modification, or waiver of a stipulation included in a lease.
Exception: A one-time exemption to a lease stipulation determined on a case-by-case basis.
Modification: A change to the provisions of a lease stipulation, either temporarily or for the term of the lease.
Waiver: A permanent exemption to a lease stipulation.
The person requesting the exception, modification, or waiver is encouraged to submit information that might assist the authorized official in making a decision. The authorized officer reviews information submitted in support of the request and other pertinent information. The authorized officer may modify, waive, or grant an exception to a stipulation if:
The action is consistent with federal laws.
The action is consistent with the RMP.
The management objectives that led the BLM to require the lease stipulation can be met without restricting operations in the manner provided for by the stipulation given changes in the condition.
The action is acceptable to the authorized officer based on a review of the environmental consequences.
The modification or waiver of an oil and gas lease stipulation implies that the sensitive resource for which the protective measure was considered is in some way not present in the area or in some way no longer in need of the protective measure. In either case, consideration of a modification or waiver of a lease stipulation would require environmental analysis and may result in an amendment to the land use plan. Title 43 Code of Federal Regulations (CFR) 3101.1-4 establishes procedures for granting modifications or waivers to oil and gas lease stipulations, as stated below:
A stipulation included in an oil and gas lease shall be subject to modification or waiver only if the authorized officer determines that the factors leading to its inclusion in the lease have changed sufficiently to make the protection provided by the stipulation no longer justified or if proposed operations would not cause unacceptable impacts. If the authorized officer has determined, prior to lease issuance, that a stipulation involves an issue of major concern to the public, modification or waiver of the stipulation shall be subject to public review for at least a 30-day period. In such cases, the stipulation shall indicate that public review is required before modification or waiver. If subsequent to lease issuance the authorized officer determines that a modification or waiver of a lease term or stipulation is substantial, the modification or waiver shall be subject to public review for at least a 30-day period.
Table G–1 includes criteria for considering requests for exceptions, modifications and waivers according to stipulations applied under each alternative.