American Oil and Gas Reporter - August 2018 - 127

direct or incidental take of migratory
birds during the ordinary course of business
is not prohibited under the Migratory
Bird Treaty Act.
Other Issues
In addition to regulatory concerns,
Robitaille says the association meeting
will examine how the oil and gas industry
can improve its relationship with the
state's Native American groups. He notes
Senator Affie Ellis, R-Laramie County,
has been invited to discuss how to better
manage tribal relations in regard to pipeline
rights-of-way.
"We really have not had any significant
issues with the state's tribal groups, but as
we get into the National Historic Preservation
Act and related issues, this could become a
bigger concern. The association wants to
get out in front of this, and try to get some
good discussion going now," he says.
Wagner adds BLM is working on an
instruction memorandum clarifying the
process for tribal consultations on private
land. According to a letter from the Advisory Council on Historic Preservation,

the process should more clearly rely on
existing law than it does currently.
As oil and gas activity in Wyoming
continues to expand, especially in the Powder River Basin, Robitaille cautions that
the accompanying increase in road traffic
could present problems for producers.
"PAW's safety group is trying to get
out in front of that, and get companies and
contractors together to bring awareness to
a highway safety campaign that emphasizes
courteous driving," he says. "We want to
get out in front of that because there are
only a few highways in the area, and they
usually are very heavily traveled."
The association's campaign will focus
on tactics such as moderating speed on
dirt roads, acting to minimize dust creation, and scheduling rig moves on highways around local school bus schedules,
he details.
"This is at a very early stage, but I believe it will not have any issues with our
member companies," Robitaille assesses.
"They will try to do everything they can
to eliminate some of the issues that could
occur in those situations."
r

FREE TRADE. . . . . . . . . . . . . . . . . . . . . . . . . . .
FROM PAGE 33
Although a number of free trade advocates have departed their positions within
the White House, he continued, President
Trump continues to hear about it. "Pretty
much everybody who meets with the president goes through the benefits of free
trade; it is all one-way," Russell characterized. "But this is his longest-held belief.
He has been talking about the benefits of

tariffs and quotas since the 1970s."
Nevertheless, Russell said, IPAA would
continue to advocate against protectionist
policies that hurt the oil and gas industry.
"Nobody has any idea of how this is going
to come out," he acknowledged. "If you
hear from somebody who thinks they
know, they are wrong. They don't."
r

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Courts Testing Industry's Wins
From Executive Branch Moves
CEDAR CREEK, TX.-Issues affecting
oil and gas producers' ability to access
federal leases, obtain permits to drill and
develop wells, and manage their operations
in responsible but economic manners continue to move quickly, attendees at the
Independent Petroleum Association of
America learned at its 88th midyear meeting, held June 25-26 at the Hyatt Regency
Lost Pines Resort & Spa near Austin.
IPAA Director of Government Relations Samantha McDonald considered
how the Trump administration had adopted
a brisk pace on executive branch actions
regarding the Endangered Species Act.
"In terms of President Trump's agenda
on wildlife, he has started to rock 'n roll,"
she characterized. "We are seeing move-

ment on key environmental/Endangered
Species Act improvements. There are three
provisions at the Office of Management
and Budget dealing with matters about
which we have met with the administration.
One would remove the blanket 4(d) rule
for threatened species, one would improve
section 7 consultations and one would approve a rollback of the Obama administration's significant revisions pertaining
to critical habitat" (see story, page 16).
Other IPAA speakers who considered
the latest Washington developments affecting oil and gas included:
* Environmental Protection Agency
Region 6 Administrator Anne Idsal;
* Davis, Graham & Stubbs LLP partner Kathleen C. Schroder;

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AUGUST 2018 127

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American Oil and Gas Reporter - August 2018

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