A New Day at IPANM

 

 

information & issues

Welcome to IPANM’s Information & Issues webpage!

IPANM is not afraid to take strong stances on many current issues threatening our industry. We have to! Seemingly minor changes to regulations or rules can have a major impact on the financial solvency of our small oil & gas producers. While we will never compromise on our duties to protect human health, fresh water and the environment in our daily activities, we will fight unnecessary government overreach when new regulatory proposals are not based on sound science and do little to protect the environment.

Below, we’ve identified serious issues facing our producers. Please click on the corresponding button to learn more about each issue and IPANM’s stance on the issue. (Note: Some of this content may be restricted for members only. To access this exclusive content, please join our association!)

RECENT NEWS: All Issues

Last week I sent out an email invitation to our membership regarding a meeting to be held TOMORROW at 10am
As we roll into the last week of the New Mexico Legislative Session, the biggest concern is the budget. There
On December 4, 2015, the President signed H.R. 22, the "Fixing America’s Surface Transportation Act" into law (P.L. 114-94). P.L.
The BLM has announced four public meetings on their proposed rule to reduce waste from venting, flaring and leaks, and
IPANM 2016 Legislative Bills
If you currently have Rights of Way (ROW) on Federal Lands, the Federal Government has updated the fees associated with
As you are aware from the many emails IPANM has sent over the years, our membership is very concerned about
Today, IPANM's executive director, Karin Foster, testified before the US House Natural Resources Committee subcommittee on Energy and Mineral resources
Over the past several years, IPANM has been at the forefront of working on the ONRR unbundling issue. Many, if
Yesterday, IPANM attended the BLM stakeholder meeting for revisions to OnShore Orders #3, #4 and #5. The revisions are very

Last week I sent out an email invitation to our membership regarding a meeting to be held TOMORROW at 10am at the New Mexico State Land Office. This meeting will be an opportunity for industry to tell our regulators where we need some relief due to low commodity pricing.

In addition, we will have the opportunity to discuss the current stripper well program 19-10-5.1 NMSA (attached) which is already available to producers but is not widely used. This program allows oil well stripper producers to ask for a royalty rate reduction from 12.5% to 5% for a period of three years upon a showing that the operator has taken reasonable steps to minimize his costs of operating the oil well; the oil well will likely be plugged and abandoned in the near future, with a resulting loss of reserves, if operating costs are not reduced further; the oil well will produce for a longer period, and the amount of oil produced will ultimately be larger, if the royalty rate is lowered; and a lower royalty rate will actually maximize revenue to the trust beneficiaries.

If it is important for you or your company to 1. understand the current regulations on the books regarding royalty rate reductions or, 2. to understand the current regulations for temporary shut-in status, or, 3. to ask our regulators for some relief in another area. Please attend this meeting!

If you can not attend, PLEASE SEND ME YOUR COMMENTS so we have the opportunity to present our concerns! Due to technical limitations we will not have conference call ability.

As we roll into the last week of the New Mexico Legislative Session, the biggest concern is the budget. There are many closed door discussions occurring, but the talk is that the State will be over $300 million short in meeting its obligations for FY 16 which ends June 30th. The shortfall for next fiscal year FY 17 is expected to be close to $1B, which means that funds need to come from somewhere. There is talk of a $0.10 gas tax which could come up with $500 million and a full sweep of all Board/Commission reserves for an additional $180 million. While there may be talk about raiding the Permanent Fund which as to today is valued at over 16 billion, the Enabling Act of 1912 prohibits the use of these funds for anything other than education, and any increased distribution would require a change to the NM Constitution. Further, an Act of Congress may be necessary to expend any funds other than those already designated to the original 22 beneficiaries.

I have worked closely with NMOGA and Secretary Martin on SB 8, HB 112, Carlsbad Brine Well Remediation, to establish a five person committee that will be responsible for overseeing the remediation of that problem – including finding funding. IPANM had suggested several amendments, all of which were adopted, to clarify that the Committee only has authority to work on this problem for a ten year period and that NMOCD will remain the main regulatory and enforcing authority over this project.

On Wednesday morning, I testified as the expert witness on HM 81 which asks the Congressional delegation to get more involved and informed about the impacts of the ONRR unbundling issues. The bill passed committee and will be heard on the House Floor this weekend. HM 82, asking for Congressional support addressing concerns over Onshore Orders #3, #4 and #5 also came up in committee and were held due to a lack of votes. I expect it will sail out of committee tomorrow and will be heard either Saturday or Sunday on the House Floor.

In terms of tax breaks for industry, Representative Strickler’s HB 107 to amend the severance tax rate for gas from stripper wells and for oil stripper wells, has been held in House Ways and Means Committee – if any money is found. I have spoken to the sponsor, Chairman Jason Harper and members Townsend, Scott, Gallegos and Montoya who are all very supportive of this issue but there just isn’t any money. Thank you to IPANM members Mullins and McMinn for their excellent testimony on the bill. In terms of helping industry, we still have friends here in Santa Fe. I will be sending another email shortly regarding an upcoming industry meeting.

Thank you.
Karin

On December 4, 2015, the President signed H.R. 22, the “Fixing America’s Surface Transportation Act” into law (P.L. 114-94). P.L. 114-94 includes Section 32301–Interest On Overpayment, which amends the Federal Oil and Gas Royalty Management Act of 1982 to eliminate interest on company overpayments.
What this means is that ONRR will no longer pay interest on your overpayments. We will send additional information in the near future and keep you informed as this legal provision is implemented.

If you have questions, please contact Mr. Hans Meingast at (303) 231-3382 or me at (303) 231-3289.

Barbara J. Lambert
Program Manager, Financial Management
Financial & Production Management (FPM)
DOI, Office of the Secretary, ONRR

Email: Barbara.Lambert@onrr.gov
Office: (303) 231-3289
Work Cell: (303) 330-5334
Fax: (303) 445-8762

The BLM has announced four public meetings on their proposed rule to reduce waste from venting, flaring and leaks, and to clarify when produced gas lost through venting, flaring or leaks is subject to royalties. The first of the four meetings will be held February 16 in Farmington at the San Juan College Room 7103 at 1:00 p.m.

Please see the linked notice for RSVP information and additional dates and locations. A call-in number is also provided for those who cannot attend. The proposed rule can be found at . The attached also provides contact information if you have further questions.

If you currently have Rights of Way (ROW) on Federal Lands, the Federal Government has updated the fees associated with ROW annual payments beginning for years 2016 to 2025.

Please see the attached letter which was sent to current ROW holders in December 2015.

Updated information on Federal ROW rental fee schedules (cost recovery) can be found at this website.

If you have questions, please contact Stephen Fusilier, BLM Rights-of-Way Branch Chief, at (202.912.7148) or sfusilie@blm.gov

As you are aware from the many emails IPANM has sent over the years, our membership is very concerned about both the Sand Dune Lizard and the Lesser Prairie Chicken potential listing decisions. In 2008, IPANM was at the forefront of the litigation on the chicken, our former IPANM President Greg Nibert was instrumental in the 2012 litigation with the Counties against the USFWS. Likewise, on the Sand Dune Lizard, IPANM has worked with Congressman Pearce’s office to speak at rallies, issue comments and support litigants. Industry has won a reprieve on the Lizard with a ‘no-listing’ decision and an injunction in West Texas Federal District Court on the Chicken. In both instances, Industry has contested the science behind the USFWS actions.

Therefore, it is disappointing when, in October 2015, our very own New Mexico Department of Game and Fish released a State Wildlife Action Plan (SWAP) which lists both the Sand Dune Lizard and the Lesser Prairie Chicken as ‘Tier 1 species of greatest concern’. IPANM looked behind the agency’s science on both species and discovered that not only did the reporters rely on data 1991 and 2005 respectively, but they relied on sources from subscription only environmental websites! The purpose of the report was to inflate the number of species of ‘concern’ in New Mexico in order to receive more USFWS funding through a grant. But it also made some very conclusory and poor assumptions such as; the cause of climate change in New Mexico is a direct result of the Oil and Gas Industry and the Agricultural industry; That there are 1200 species who are in peril in New Mexico without additional regulations to manage human impacts on habitats; that there is no industry funding to study the Lizard and inaccessible funding to study the Chicken. The tone of the report was anti-business in general and made conclusions clearly based on the reporter’s biases. Given that the Martinez Administration has positioned itself as ‘pro-business’ this report was disappointing at best.

On November 19th, IPANM sent lengthy comments to each New Mexico Game and Fish Commissioner regarding the faulty assumptions made in the SWAP. At the Commission meeting held in Roswell, it was obvious that the members had read our comments. They also listened to the many commenters, including IPANM, Representative Candy Ezzell and the New Mexico Cattle Growers and made excellent arguments and points regarding the validity of the report. The Commission unanimously voted to order the Department back to the drawing table to submit a report based on accurate science. THIS WAS A NICE WIN FOR INDUSTRY! Please especially thank Commissioner Ryan who did an excellent job in summarizing the arguments and representing our industry on the Commission. Thank you!!

This content is for members only.

Please login here! If you have any questions about your membership, please email megan@ipanm.org.

This content is for members only.

Please login here! If you have any questions about your membership, please email megan@ipanm.org.

Yesterday, IPANM attended the BLM stakeholder meeting for revisions to OnShore Orders #3, #4 and #5. The revisions are very technical in nature and will severely impact ANY COMPANY THAT OPERATES ON FEDERAL LANDS. Comments are due by December 14th. IPANM has already commented on OSO #3. We will update those comments and will prepare comments for OSO#4 and #5. We will also sign on to those prepared by Western Energy Alliance and IPAA. Comments are due December 14th.

Due to multiple requests from IPANM as well as others, the BLM has established a call in line for the meeting tomorrow in Oklahoma city. From the BLM, I received the following notice:
“Individuals who want to take part via telephone may call 1-800-857-2889, and when prompted, enter the passcode 4111819. The phone number and passcode is the same for both meetings. — The Bureau of Land Management”

The meetings will be:

• Dec. 3 at 1:00 p.m. CST. It is being held at the Renaissance Oklahoma City Convention Center Hotel, 10 N Broadway Avenue, Oklahoma City, OK 73102.

• Dec. 8 at 1:00 p.m. MST. This meeting is taking place at the Astoria Hotel and Event Center, 363 15th St W., Dickinson, ND 58601.

Copies of the Powerpoint presentations about the proposed regulations are available at . Also posted on the site are copies of the proposed regulations.

Order 3 establishes standards to ensure that oil and gas are properly and securely handled to prevent theft and loss and to enable accurate measurement and production accountability. Orders 4 and 5 establish minimum standards for the accurate measurement of all oil and gas, respectively. Like the existing orders, the purpose of the proposed rules is to ensure that the oil and gas produced from Federal and Indian leases (except Osage Tribe) are accurately measured and accounted for, so that the proper royalties due are paid. Royalties are split between the Federal treasury and the State where the production occurs. Indian tribes and individual Indian allotment owners keep 100 percent of the royalties collected from leases on their lands.

These rulemakings are underway because Onshore Orders 3, 4, and 5 were put in place in 1989 and have not been updated since. As a result, they do not reflect modern measurement techniques. The requirements contained in the proposed rules reflect advances in technology, as well as critical updates in industry standards and practices. These proposals also respond directly to concerns from the Government Accountability Office, the Department of the Interior’s Office of Inspector General, and the Secretary’s Subcommittee on Royalty Management.

In addition to accepting comments at the meetings, comments are also being accepted through December 14 by any of the following means:

• Mail to U.S. Department of the Interior, Director (630), Bureau of Land Management, Mail Stop 2134LM, 1849 C Street, NW, Washington, DC 20240,
o Attention: 1004-AE15 (for Site Security),
o 1004-AE16 (for Oil Measurement), or
o 1004-AE17 (for Gas Measurement), or

• Via the Internet at http://www.regulations.gov. Follow the instructions at this website.