National Wildlife Refuges: Opportunities to Improve the Management and Oversight of Oil and Gas Activities on Federal Lands

In 2004, Fish and Wildlife Service (FWS) agreed to develop an action plan to identify the specific types of oil and gas information that FWS should gather and maintain and the associated data-gathering protocols and data management systems. The target completion date was fiscal year 2005. In July 2006, FWS reported that no actions have been taken to implement this recommendation. In June 2007, we reported that FWS had begun working with the Environmental Protection Agency to evaluate whether an oil and gas database used by EPA could be adapted to suit FWS's needs. FWS told GAO that it is a priority to complete the evaluation process in 2007. FWS is considering a pilot test of the database in Region 4. However, the agency has not identified a funding source for implementing the database, and it is not clear if and when it will be implemented throughout the refuge system.

In 2004, Fish and Wildlife Service (FWS) agreed to evaluate the staffing needs for running a national database on the effects of oil and gas activities, providing consistent policy and oversight, and providing training on managing oil and gas activities. Target completion date was fiscal year 2005. In July 2006, FWS reported that no actions to implement this recommendation have been taken. In June 2007, we reported that a team of FWS managers, working with the National Park Service, determined that a total of 45 positions are needed to oversee oil and gas activities for the national wildlife refuge system. However, under current budget circumstances, creating 45 positions is not feasible. According to FWS, if additional funding becomes available, it will create three new positions to form a national Mineral Resources Team. We have not seen evidence that FWS is taking steps to adequately staff the agency's management and oversight of oil and gas activities.

Interior responded that its policy on land acquisition was already clear and did not need clarification, but in July 2004 agreed to issue a Director's Order reaffirming the importance of conducting thorough environmental site assessments for all sites, including properties with oil and gas activities. The target completion date was fiscal year 2004. In July 2006, Fish and Wildlife Service (FWS) reported that no actions to implement this recommendation have been taken. In June 2007, we reported that FWS had decided to revise its policy on land acquisition rather than issue a Director's Order. FWS has assembled a team to work on revising its policy but cannot complete the task until several events occur. First, the Department of the Interior and the Department of Agriculture must issue guidance for addressing new Environmental Protection Agency regulations on site assessment practices. Second, the Department of the Interior must revise its land acquisition policy. On the basis of estimated completion dates provided by Interior, we estimate that the revised FWS policy will not be available until at least calendar year 2008.

In July 2004, Interior responded that in instances where Fish and Wildlife Service (FWS) has the authority to permit oil and gas activities, Interior will seek ways to strengthen the application of that authority consistent with state and federal law. Where FWS does not have the authority, Interior will explore options with applicable state and federal regulators. The target completion date was fiscal year 2004. In 2006, FWS said it is working with the DOI solicitor's office to address this issue, with a target completion date of FY 2007. In June 2007, we reported that FWS had not sought a formal opinion from Interior's Office of the Solicitor regarding the agency's authority to issue permits for outstanding mineral rights. FWS told us that it has consulted with the Office of the Solicitor regarding its authorities to issue permits for nonfederal oil and gas operations on refuge lands. And, according to FWS, the Office of the Solicitor has reviewed and concurred with the language in a draft FWS handbook on oil and gas management regarding FWS's authorities. However, FWS would not reveal to GAO the solicitor's position on this question until it releases the handbook on oil and gas management. We consider this recommendation to be not implemented until the Secretary of the Interior and FWS report the results of their determination to the Congress.

In July 2004, Interior said it would assess whether legal protections afforded other Department lands, such as National Park Service lands, would also be appropriate for the National Wildlife Refuge System. After this assessment, Fish and Wildlife Service (FWS) would initiate action, as appropriate, involving additional authority, if deemed necessary. The target completion date was fiscal year 2004. In July 2006, FWS said that no actions had been taken on this recommendation. In June 2007, we reported that Interior told us of its belief that it does not require additional authority to manage oil and gas activities where the mineral rights have been reserved.