Oil Shale Development Act of 2005 - Directs the Secretary of the Interior to: (1) make available for leasing public land considered necessary to conduct research and development activities with respect to innovative technologies for the recovery of shale oil; (2) complete a programmatic environmental impact statement that analyzes potential leasing for commercial development of oil shale resources on public land; and (3) implement a national assessment of oil shale resources for the purposes of evaluating and mapping oil shale deposits, in specified geographic areas.
Declares that this Act does not preempt or affect any state water law or interstate compact relating to water.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1092 Introduced in Senate (IS)]
1st Session
S. 1092
To establish a program under which the Secretary of the Interior offers
for lease certain land for oil shale development, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2005
Mr. Salazar introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish a program under which the Secretary of the Interior offers
for lease certain land for oil shale development, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Shale Development Act of 2005''.
SEC. 2. OIL SHALE LEASING.
(a) Declaration of Policy.--Congress declares that it is the policy
of the United States that--
(1) United States oil shale and oil sands are strategically
important domestic resources that should be developed through
methods that help reduce the growing dependence of the United
States on politically and economically unstable sources of
foreign oil imports;
(2) the development of oil shale and oil sands, for
research and commercial development, should be conducted in an
environmentally sound and economically feasible manner; and
(3) development described in paragraph (2) should occur at
a deliberate pace, with an emphasis on sustainability, to
benefit the United States while taking into account affected
States and communities.
(b) Leasing for Research and Development.--
(1) In general.--In accordance with section 21 of the
Mineral Leasing Act (30 U.S.C. 241) and any other applicable
law, except as provided in this section, not later than 1 year
after the date of enactment of this Act, from land otherwise
available for leasing, the Secretary of the Interior (referred
to in this section as the ``Secretary'') shall, for a period
determined by the Secretary, make available for leasing such
land as the Secretary considers to be necessary to conduct
research and development activities with respect to innovative
technologies for the recovery of shale oil from oil shale
resources on public land.
(2) Application.--The Secretary may offer to lease the land
to persons that submit an application for the lease, if the
Secretary determines that there is no competitive interest in
the land.
(3) Administration.--In carrying out this subsection, the
Secretary shall--
(A) provide for environmentally sound research and
development of oil shale;
(B) provide for an appropriate return to the
public, as determined by the Secretary;
(C) before carrying out any activity that will
disturb the surface of land, provide for an adequate
bond, surety, or other financial arrangement to ensure
reclamation;
(D) provide for a primary lease term of 10 years,
after which the lease term may be extended if the
Secretary determines that diligent research and
development activities are occurring on the land
leased;
(E) require the owner or operator of a project
under this subsection, within such period as the
Secretary may determine--
(i) to submit a plan of operations;
(ii) to develop an environmental protection
plan; and
(iii) to undertake diligent research and
development activities;
(F) ensure that leases under this section are not
larger than necessary to conduct research and
development activities under an application under
paragraph (2);
(G) provide for consultation with affected State
and local governments; and
(H) provide for such requirements as the Secretary
determines to be in the public interest.
(4) Moneys received.--Any moneys received from a leasing
activity under this subsection shall be paid in accordance with
section 35 of the Mineral Leasing Act (30 U.S.C. 191).
(c) Programmatic Environmental Impact Statement.--Not later than 18
months after the date of enactment of this Act, in accordance with
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic
environmental impact statement that analyzes potential leasing for
commercial development of oil shale resources on public land.
(d) Analysis of Potential Leasing Program.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress a
report (including recommendations) analyzing a potential
leasing program for the commercial development of oil shale on
public land.
(2) Inclusions.--The report under paragraph (1) shall
include--
(A) an analysis of technologies and research and
development programs for the production of oil and
other materials from oil shale and tar sands in
existence on the date on which the report is prepared;
(B) an analysis of--
(i) whether leases under the program should
be issued on a competitive basis;
(ii) the term of the leases;
(iii) the maximum size of the leases;
(iv) the use and distribution of bonus bid
lease payments;
(v) the royalty rate to be applied,
including whether a sliding scale royalty rate
should be used;
(vi) whether an opportunity should be
provided to convert research and development
leases into leases for commercial development,
including the terms and conditions that should
apply to the conversion;
(vii) the maximum number of leases and
maximum acreage to be leased under the leasing
program to an individual; and
(viii) any infrastructure required to
support oil shale development in industry and
communities; and
(C) an analysis, developed in conjunction with the
appropriate State water resource agencies, of the
demand for, and availability of, water with respect to
the development of oil shale.
(3) Public participation.--In preparing the report under
this subsection, the Secretary shall provide notice to, and
solicit comment from--
(A) the public;
(B) representatives of local governments;
(C) representatives of industry; and
(D) other interested parties.
(4) Participation by certain states.--In preparing the
report under this subsection, the Secretary shall--
(A) provide notice to, and solicit comment from,
the Governors of the States of Colorado, Utah, and
Wyoming; and
(B) incorporate into the report submitted to
Congress under paragraph (1) any response of the
Secretary to those comments.
(e) National Oil Shale Assessment.--
(1) Assessment.--
(A) In general.--The Secretary shall carry out a
national assessment of oil shale resources for the
purposes of evaluating and mapping oil shale deposits,
in the geographic areas described in subparagraph (B).
(B) Geographic areas.--The geographic areas
referred to in subparagraph (A), listed in the order in
which the Secretary shall assign priority, are--
(i) the Green River Region of the States of
Colorado, Utah, and Wyoming;
(ii) the Devonian oil shales of the eastern
United States; and
(iii) any remaining area in the central and
western United States (including the State of
Alaska) that contains oil shale, as determined
by the Secretary.
(2) Use of state surveys and universities.--In carrying out
the assessment under paragraph (1), the Secretary may request
assistance from any State-administered geological survey or
university.
(f) State Water Rights.--Nothing in this section preempts or
affects any State water law or interstate compact relating to water.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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