Lukens_1984_ChevronPlanOfOperations

Lukens, William

Enclosed are the environmental Review and Analysis and two copies of Chevron U.S.A.'s Plan of Operations for continuation of existing operations at Padre Island. Since there is no new operation or environmental impact anticipated in the next five years we do not feel that a public review period is necessary and suggest that it be given only an internal review. A point has been raised by Chevron which we have anticipated since the 36 CPR 9B regulations went into effect. Although Chevron is willing to cooperate with us by submitting a Plan of Operations for their continued operation, they do not recognize our right to enforce those regulations in their situation. They cite 16 USC 459d 3 (b), (our establishing legislation), and imply that an operator who's leases predate April 11, 1961, can only be regulated by tile Secretary in regard to additional rights granted by him after that date. We feel we need a solicitor's opinion in this matter since it will affect other lease holders as well and we don't wish to get embroiled in any unnecessary litigation. Your assistance will be appreciated.