SERVICES

As a turn-key land and regulatory company, Reagan Smith Energy Solutions specializes in research, leasing, communitizing and permitting so drilling can commence as soon as possible. Let us remove the hassle from your project!

• Title Search & Curative
• Oil and Gas Lease Acquisition
• BIA/BLM Leasing
• Assignments
• Civilized Tribe Leasing
• BIA/BLM Curative
• Federal Unit Agreements
• State and Federal Drilling Permits
• Project Management
• Regulatory Filings
• Archaeology Services
• Endangered Species Surveys
• Environmental Assessments
• Right of Way & Pipeline Acquisition
• Surface Damage Appraisals/Settlement
• Seismic & Survey Permitting
• Floodplain Permitting
• Spill Prevention Control And Countermeasure Plan

Title Search & Curative
Reagan Smith Energy Solutions has an experienced staff well versed in title research, ownership and curative. We can digitally image courthouse records for your convenience and provide due diligence for your projects. For more information contact Monica Smith Griffin at msmith@rsenergysolutions.com

Oil and Gas Lease Acquisition
Reagan Smith Energy Solutions has the capabilities to handle all size leasing projects. Utilizing our database technology coupled with our experienced staff will put you ahead of the competition. Contact Jennifer Krieg for more information jkrieg@rsenergysolutions.com

BIA/BLM Sale Notices
Reagan Smith Energy Solutions provides email notices of upcoming Bureau of Indian Affairs (BIA) or Bureau of Land Management (BLM) lease sales free of charge. Please email sales@rsenergysolutions.com. (Please specify which BLM and/or BIA regions that are of interest)

If you are interested in Reagan Smith Energy Solutions assisting you by researching open acreage and open formations, or by nominating and/or bidding on tracts please contact us at msmith@rsenergysolutions.com.

BIA/BLM Leasing
Bureau of Indian Affairs leasing can be time consuming and confusing. Many Bureau of Indian Affairs agencies hold lease sales where tracts are auctioned to oil and gas companies. Other BIA agencies allow for negotiated leases whereby potential lessees offer a fair market value to lease a specific restricted tract of land.

Once permission has been granted to begin leasing, each heir must be contacted during the leasing process. Reagan Smith Energy Solutions has an extensive Indian Mineral owner database which allows us to locate hard to find mineral owners. We also have experienced landmen dedicated to BIA leasing that have a working relationship with tribal members. We are able to research, nominate, bid, lease and obtain approval of your BIA tracts so that you can focus on other aspects of your project.

Most Bureau of Land Management agencies hold sales quarterly. Tracts must be nominated for these sale months in advance. River tracts often require surveys and detailed tract information. Please contact Monica Smith Griffin at msmith@rsenergysolutions.com if you would like a tract researched, nominated or would like us to represent you at a lease sale.

Assignments
The Bureau of Indian Affairs and Bureau of Land Management do not recognize assignments or other documents filed at the county courthouse. All assignments of BIA and BLM managed lands must be done on agency specified forms and approved by the appropriate agency. This must be done to maintain clear title and to obtain the release of bonds. If you are acquiring BIA or BLM leasehold please contact us to ensure that the proper procedure is followed for transferring interest. msmith@rsenergysolutions.com

Civilized Tribe Leasing
The Act of August 4, 1947 opts the Five Civilized Tribes of Oklahoma (Seminole, Creek, Chickasaw, Cherokee and Choctaw) out of the administrative oversight of the Bureau of Indian Affairs. Further, the act calls for any lease which is executed by a restricted tribal member to be ratified and approved by the district court in the county in which the minerals are located. A tribal member’s restricted status is determined by a blood quantum level – which is determined by the tribe. Most often, any member who is ½ blood or more is considered restricted.

Leases are taken on the standard (paid-up) lease form (required terms are 3/16 for three years). Once a bonus per acre is agreed upon by the mineral owners and the leases signed – a petition is filed in the district court and a hearing date is set. Please note that a copy of the petition must be given to each mineral owners before it is filed as they are required to sign an affidavit verifying the facts alleged which will be attached. Notice must also be published in the legal publication for said county at least 10 days before the hearing.

The U.S. Field Solicitor, who represents the lessees’ interest in these proceeding. An appraisal will be ordered and should the offer not equal or be greater to, the lessor will be required to raise their offer to meet that appraisal. The Field Solicitor must contact each owner and obtain signed consent forms allowing their representation in the court proceedings. Should any of the mineral owners fail to return these signed forms – it will be the responsibility of the lessor to gather these and submit them to the Solicitor. A lease will not be approved until the consent is given.

At the hearing, a family member will testify as to the facts contained in the petition and the Court will open the proceeding for bidding. The leases will be granted to the highest bidder – who must pay the bonus payments in open court. Should that be someone other than the original lessor, the successful bidder is required to reimburse them for the leasing and legal fees.

Reagan Smith Energy Solutions is experienced in leasing members of the Civilized Tribes and deals with the BLM Solicitors office on a daily basis. We work closely with the law firm of St. John, Griffin & Krieg, PLLC which is experienced with the judicial approval process required in Civilized Tribe leasing. Please contact Jennifer Krieg for more information jkrieg@rsenergysolutions.com

BIA/BLM Curative
Due to the massive amounts of mergers and acquisitions that take place in the oil and gas industry, units that contain BIA or BLM tracts often have title problems. This is due to the fact that the BLM and BIA do not recognize courthouse assignments. Companies often fail to file and obtain approval of assignments from the appropriate agency. Therefore, BIA and BLM leasehold records often do not match courthouse records. To remedy this and any other BIA or BLM curative problem please contact Monica Smith Griffin at msmith@rsenergysolutions.com

Federal Unit Agreements
Communitization Agreements
A communitization agreement (CA) allows Bureau of Indian Affairs (BIA) and Bureau of Land Management (BLM) leases which do not include spacing or pooling clauses, to be included in larger oil and gas units. It is an agreement where all parties holding working interests in a spacing unit for a certain formation or formations, usually set by an authorized State agency, combine those lease interests into one unit. The agreement must be signed by or on behalf of all appropriate parties and filed prior to the expiration of the BIA/BLM leases involved in order to confer the benefits of the agreement upon such leases. Reagan Smith Energy Solutions can prepare, circulate and submit your communitization agreements to the appropriate agency. Please contact Monica Smith Griffin at msmith@rsenergysolutions.com

State and Federal Drilling Permits
Most federal, state and local government agencies require an application for permit (APD) to drill or a derivative thereof. Agency requirements will vary from very simple to the very complex.

A BLM APD is required when a well is drilled on a BLM or BIA lease or cuts through BLM or BIA minerals at any point. If you plan on drilling an oil and gas well on Bureau of Indian Affairs managed land or Bureau of Land Management managed land you are required to submit and APD to the appropriate BLM office. A BLM APD is a detailed document describing your project, its purpose, and ancillary matters associated with drilling the well. Within the application is detailed information regarding the surface use, engineering drilling program, plats, wildlife survey, and an archeology survey. This document is reviewed by several departments within the BLM. Typical approval lead-time for approval is 45 – 60 days from submittal.

Reagan Smith Energy Solutions, Inc. streamlines the frustrations associated with drilling permits. Reagan Smith has a full-service department dedicated to completing, filing and ensuring your Application for Permit to Drill (APD) is completed within a reasonable time to fulfill your rig schedule requirements. Many operating companies avoid drilling on Federal (BIA / BLM) land because it is a confusing and time-consuming process. Reagan Smith is experienced with the process and has developed relationships with the agencies across the country to facilitate a streamlined process dedicated to your needs. Large projects that include multiple wells can be bundled together for efficiency. For more information please contact Scott St. John at sstjohn@rsenergysolutions.com

Project Management
Reagan Smith Energy Solutions has the capabilities to manage all sizes and varieties of projects related to the oil and gas industry. From multiple township leasing projects to multiple well permitting projects, Reagan Smith Energy Solutions has an experienced staff to guide your project from start to finish.

Regulatory Filings
Along with Bureau of Indian Affairs, Bureau of Land Management, Mineral Management Services filings, Reagan Smith Energy Solutions also handles state and local government regulatory filings. We can handle all your pooling, spacing, location exception application, respondent list and orders. We also prepare and file casing waivers for state agencies. For more information please contact Monica Smith Griffin at msmith@rsenergysolutions.com

Archaeology Services
Many Bureau of Indian Affairs and Bureau of Land Management projects require some form of archaeology survey. An archaeologist may also be required to be present during pipeline trenching on BLM or BIA lands.
Our archaeologist is BLM approved and has performed hundreds of surveys. We have a very high turn around time and provided detailed reporting. For more information please contact Monica Smith Griffin at msmith@rsenergysolutions.com

Endangered Species Surveys
The Endangered Species Act (ESA) has broader mandates than simply directing the U.S. Fish and Wildlife Service (USFWS) to protect listed plants or animals. It directs all Federal agencies to participate in endangered species conservation. Specifically, section 7 of the ESA charges Federal agencies to aid in the conservation of listed species (section 7 (a)(1)) and requires Federal agencies to ensure that their activities will not jeopardize the continued existence of listed species or adversely modify designated critical habitats (section 7(a)(2)). Therefore, if you are working with any type of Federal agency, section 7 of the ESA requires a survey for endangered species that are listed in the project area. If there is a potential of having a project on Federal or State land contact Cale Gee at Reagan Smith Energy Solutions, Inc. for further guidance. cgee@rsenergysolutions.com

American Buring Beetle
Nicrophorus americanus

What is the American Burying Beetle?

The American Burying Beetle (ABB) is listed as a federal endangered species. The current distribution encompasses 8 states, including Rhode Island, Massachusetts, South Dakota, Nebraska, Kansas, Arkansas, Texas, and Oklahoma. While planning a project, the U.S. Fish and Wildlife Service requires an ABB presence/absence survey in counties where the ABB is historically found, likely to be present, documented, or unconfirmed. For a complete determination on whether you need an ABB survey or to schedule an ABB survey contact Cale Gee at Reagan Smith Energy Solutions, Inc. cgee@rsenergysolutions.com

Description:
The American Burying Beetle is the largest species of its genus in North America, measuring 0.98-1.4 inches in length. It was formerly known as the giant carrion beetle. The most diagnostic feature of the American Burying Beetle is the large orange-red marking on the raised portion of the pronotum, (shield over the mid-section) a feature shared with no other members of the genus in North America. American Burying Beetles are scavengers, dependent on carrion for food and reproduction. They play an important role in breaking down decaying matter and recycling it back into the ecosystem.

Environmental Assessments
Under United States environmental law, an Environmental Impact Assessment is referred to as the Environmental Impact Assessment (EIS), and originated in the National Environmental Policy Act (NEPA). Certain actions of Federal agencies must be preceded by an EIS. Contrary to a widespread misconception, NEPA does not prohibit the Federal government or its licensees/permittees from harming the environment, but merely requires that the prospective impact be understood and disclosed in advance.

NEPA directs federal agencies to thoroughly assess the environmental consequences of "major federal actions significantly affecting the quality of the human environment". Not all Federal actions require a full Environmental Impact Statement. If the action is not likely to cause a significant impact the agency may prepare a smaller, shorter document called an Environmental Assessment (EA). Thus, EAs usually have a determination of “No Significant Impact” or “Notice of Intent to Prepare an Environmental Impact Statement”. The principal pathways of impact taken into consideration are: soil contamination impacts, air pollution impacts, noise health effects, ecology impacts including endangered species assessment, geological hazards assessment, and water pollution impacts. The purpose of the assessment is to ensure that decision makers consider environmental impacts before deciding whether to proceed with new projects.

NEPA requires review of the effects of all Federal, federally assisted, and federally licensed actions, not just of those defined as "major" or as having "significant" impacts. The level of review given different kinds of projects varies with the likelihood of serious impact. Because different actions may not have similar, significant effects on the physical and human environment, there are differing levels of review under NEPA; Environmental Impact Statements (a thorough statement of a project’s environmental impact), Environmental Assessments (to determine if an EIS is required), and an application of a categorical exclusion (when preparation of neither an EIS nor EA is necessary). Reagan Smith Energy Solutions, Inc. has Environmental Specialists dedicated to completing, filing, and ensuring your EA is completed within a reasonable time to fulfill your needs. For more information please contact Cale Gee at cgee@rsenergysolutions.com

Right of Way and Pipeline Acquisition
Reagan Smith Energy Solutions is experienced at managing right-of-way acquisitions crossing fee, BLM, BIA and state lands. We prepare crossing permits including road crossing, railroad crossings and water crossings. We also prepare environmental assessments required for right-of-ways located across BLM, BIA and state lands. We have the database technology and staff to manage hundreds of miles of right of way acquisition. Please contact Monica Smith Griffin for more information msmith@rsenergysolutions.com

Surface Damage Appraisals/Settlement
Reagan Smith Energy Solutions, works as a negotiator to develop a fair settlement agreement between surface owner and operator. Our staff is experienced in crop loss, fair market assessment, and other surface damages.

In situations where negotiations are at a stand still, we have staff that can serve as appraisers and provide expert testimony in condemnation proceedings. We work closely with the law firm of St. John, Griffin & Krieg to initiate timely condemnation proceedings so that your project can progress without delay.

For wells drilled on Bureau of Indian Affairs regulated lands, settlement agreements must be made with the appropriate agency and must meet a fair market appraisal. We are experienced in handling BIA surface damage agreements and usually incorporate the surface damage agreement into the permitting process to prevent delays in drilling. For more information please contact Scott St. John at sstjohn@rsenergysolutions.com

Seismic and Survey Permitting
It can be very time consuming to settle damages and acquire surface owner consent on a large seismic shoot. Reagan Smith Energy Solutions has a knowledgeable and experienced staff that will obtain consents and settle damages in a timely manner.

The Bureau of Indian Affairs requires a seismic permit be issued before seismic activities can take place on restricted lands. You must obtain written consent from the Indian mineral/surface owners before the BIA will issue the permit. Reagan Smith Energy Solutions has an extensive database of surface and mineral owners. Coupled with our experienced staff, a BIA seismic permit can be obtained in the same time it takes to permit fee surface owners. We can coordinate your BIA seismic permit with BIA leasing to streamline the process. Please contact Monica Smith Griffin to discuss seismic permitting on BIA lands msmith@rsenergysolutions.com

Floodplain Permitting
What is Floodplain Management?

Floodplain management is the operation of a community program of corrective and preventative measures for reducing flood damage. These measures take a variety of forms and generally include requirements for zoning, subdivision or building, and special-purpose floodplain ordinances.

A community's agreement to adopt and enforce floodplain management ordinances, particularly with respect to new construction is an important element in making flood insurance available to home and businesses owners. Currently over 20,100 communities voluntarily adopt and enforce local floodplain management ordinances that provide flood loss reduction building standards for new and existing development.

Each county has their own Floodplain Management Program. If you feel your drilling activities may be in a floodplain contact the local Floodplain Administrator for that county from the list referenced above. In most cases typical programs include an application process.

Reagan Smith Energy Solutions can prepare and submit your floodplain drilling application to the local Floodplain Administrator. Our engineering staff including a Professional Engineer will develop a mitigation plan, also called a flood proofing plan that may include: (1)Raising well pad to meet elevation requirements to avoid flooding, (2) Elevate berms around tank battery, well head, or Horse Head pump, and/or (3) Tie-down configuration for tanks, heaters, separators, etc.. We will attend the Floodplain Management meeting to present the plan to the County Floodplain Board for approval. For more information please contact Scott St. John at sstjohn@rsenergysolutions.com

Floodplain Management In Oklahoma
National Flood Insurance Program

The National Flood Insurance Program (NFIP) was created by Congress in 1968, offering nonstructural approaches to reduce flood damage. The program's purpose is to make low-cost flood insurance available to property owners in flood-prone communities in return for each community agreeing to guide future floodplain development. The NFIP requires local governments to adopt and enforce floodplain regulations before flood insurance can be obtained in their community. The local regulations must meet the minimum NFIP requirements established by state and federal government.

Congress created the program to address the problem of increasing annual losses. For decades, the federal response to flood disasters was limited to building flood control works and providing disaster relief to flood victims. The NFIP works on the basis of an agreement between the federal government and flood-prone communities that choose to participate in the program.

The OWRB was designated by Governor Dewey Bartlett in 1968 as the coordinating state agency for the National Flood Insurance Program (NFIP) in Oklahoma. As the NFIP State Coordinator, the Water Board partners with other state and federal agencies and local governments to prevent and mitigate the catastrophic effects of flooding disasters in Oklahoma. Board officials stress implementation of land-use strategies that reduce the likelihood of future flood damages and encourage the safe conveyance of floodwaters.

The NFIP is a federal initiative that provides communities with a mechanism for implementing sound floodplain management techniques. This effective quid pro quo approach to floodplain management makes affordable flood insurance available for citizens in participating communities that enact and adhere to sound regulations that guide development in floodplains. In return, the NFIP requires the community to adopt a floodplain management ordinance containing certain minimum requirements intended to reduce future flood losses. The OWRB promotes community enrollment in the NFIP and advises the 377 current members on steps to ensure future participation. The Water Board's aggressive and proactive efforts to mitigate the impacts of flooding in Oklahoma have been consistently recognized by FEMA and other organizations as the best in this region and one of the top programs in the country.

The Oklahoma Floodplain Management Act, passed in 1980, authorizes communities (i.e., cities, towns and counties) to develop floodplain regulations, designate flood hazard areas and establish floodplain boards. An amendment in 2004 calls for community floodplain administrators to become accredited through the OWRB, ensuring that these officials are properly trained to effectively administer local floodplain regulations.

Consistent with protecting the natural functions of the floodplain and reducing flood losses, the OWRB values the No Adverse Impact floodplain management approach. NAI strategies promote responsible floodplain development through community-based decision making.

The Oklahoma Floodplain Managers Association, a state organization of floodplain officials supported by the OWRB, provides excellent training and networking opportunities that ultimately help communities better manage their floodplain areas.

Any non-residential structure located in flood hazard areas is subject to the requirements of floodplain management. This includes tank batteries, piping, drilling rigs, well head, and all other stand-alone structures. Fifty-two (52) Counties in Oklahoma participate in the National Flood Insurance Program, which requires each participating county to implement a floodplain management program. A list of Counties that participate in a Floodplain Management Program can be found on the Oklahoma Water Resources Website.

How Do I know if I am in a floodplain?
A good indication that you are in a floodplain is if you are near a body of water, river, stream, or creek, or otherwise in a low lying area. There are several ways in determining whether you are in a floodplain.

1) Contact Reagan Smith Energy Solutions for assistance
2) Obtain an Elevation Certificate for location
3) Research FEMA website to obtain a Flood Map
4) Contact local Floodplain Administrator

Floodplain Definitions

Floodplain – The area inundated by the 1% chance flood constitutes the 100-year floodplain of a river, creek, ditch, lake or other source of flooding. This floodplain is also referred to as the Special Flood Hazard Areas. It is the area of a community where development must be regulated through a local ordinance conforming to the standards of the NFIP.

A-Zone – A-Zones are found on all Flood Hazard Boundary Maps and Flood Insurance Rate Maps (FIRMs). An A-zone is an area that would be flooded by the Base Flood, and is the same as a Special Hazard Flood Area or a 100-year floodplain. These areas may be numbered as A1 to A30 or as A99, or they be unnumbered as A, AE, AH, or AO Zones. Numbered A-Zones indicate an area’s risk to flooding.

Base Flood – The Base Flood is referred to as the 100-year flood and is measured of flood magnitude based on probability. The Base Flood has a one percent (1%) chance of occurring or being equaled or exceeded in any given year.

Base Flood Elevation (BFE) – The height of floodwater reached during the Base Flood is referred to as the Base Flood Elevation or 100-year flood elevation. The elevation of the water surface is referenced to the National Geodetic Vertical Datum (NGVD) of 1929. In other words, a Base Flood Elevation of 898 feet (NGVD) refers to a water surface elevation of 898 feet

Spill Prevention Control and Countermeasure Plan
Spill Prevention Control and Countermeasure Plans were implemented by the EPA to prevent discharge of oil into navigable waters of the United States or adjoining shorelines as opposed to response and cleanup after a spill occurs. SPCC Plans must be certified by a licensed Professional Engineer. Reagan Smith Energy Solutions has a staff of engineers to prepare SPCC Plans for small facilities. Please contact Scott St. John for more information. sstjohn@rsenergysolutions.com