Roan Plateau Oil and Gas Leasing Improvement Act of 2008 - Designates as Special Protection Areas of the Roan Plateau (Colorado): (1) all public land identified as an Area of Critical Environmental Concern on a specified map; (2) all public land located within the watersheds or drainage of Northeaster Creek and the East Fork of Parachute Creek above the confluence with First Anvil Creek; and (3) all public land identified as subject to a No Ground Disturbance (NGD/NSO) stipulation on a specified map.
Directs the Secretary of the Interior to manage the Special Protection Areas to prevent irreparable damage to fish and wildlife resources as well as historical, cultural, scenic, and environmental resources.
Authorizes the Secretary to: (1) permit oil and gas exploration and development activities within designated development corridors, subject to specified conditions; and (2) issue mineral leases affecting public land within the Roan Plateau Planning Area.
Prohibits the Secretary from permitting oil shale exploration or development within the Planning Area.
Permits the Secretary to select an area for initial issuance of mineral leases, but within no more than one phased development area.
Restricts selection of an initial lease area to: (1) the Anvil Ridge Oil and Gas Development Area; or (2) the Corral Ridge Oil and Gas Development Area.
Authorizes the Secretary to include in oil or gas exploration leases minimum bonus bid amounts and lease sizes above certain limits of the Mineral Leasing Act.
Authorizes the Secretary to select the second and each subsequent phased development area for issuance of mineral leases, subject to notice and opportunity for public comment, and other specified conditions.
Requires the Secretary to ensure that each lease under this Act requires the lessee to join a federal unitization agreement covering all leases offered in the relevant phased development area.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5851 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5851
To provide for orderly and balanced development of energy resources
within the Roan Plateau Planning Area of Colorado, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2008
Mr. Salazar (for himself and Mr. Udall of Colorado) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To provide for orderly and balanced development of energy resources
within the Roan Plateau Planning Area of Colorado, 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 ``Roan Plateau Oil and Gas Leasing
Improvement Act of 2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the Roan Plateau Planning Area likely contains
significant energy resources, especially natural gas;
(2) the Roan Plateau Planning Area also is--
(A) an important part of the natural heritage of
the State of Colorado that provides important habitat
for fish and wildlife, including genetically pure
populations of Colorado River cutthroat trout, mule
deer, and Rocky Mountain elk; and
(B) increasingly important for hunters, fishermen,
and other outdoor recreationists as development has
made other land in the western part of the State less
conducive to those uses;
(3) oil and gas development activities have the potential
to disturb the environment and pose a particular threat to
habitats for wildlife and aquatic species on the Roan Plateau,
while phased leasing of the energy resources associated with
the Roan Plateau can result in payment by the leaseholders of
greater revenues than would result from more rapid leasing; and
(4) phased development and long-range planning pursuant to
unit agreements will--
(A) maximize lease revenues;
(B) reduce duplicative infrastructure, such as
roads, pipelines, and compressor stations;
(C) reduce overall ground disturbance; and
(D) minimize habitat fragmentation.
(b) Purpose.--The purpose of this Act is to provide for balanced
development of the energy resources of the Roan Plateau in a manner
that minimizes the adverse impacts on fish and wildlife habitats and
environmental resources and values while increasing the financial
returns to the United States and the State of Colorado.
SEC. 3. DEFINITIONS.
In this Act:
(1) Draft resource management plan.--The term ``draft
resource management plan'' means the Draft Resource Management
Plan Amendment and Environmental Impact Statement of the Bureau
of Land Management for the Roan Plateau Planning Area (2004).
(2) Eligible public land.--The term ``eligible public
land'' means --
(A) the public land within the 6,000-acre developed
tract of Oil Shale Reserve Numbered 3 described in
section 7439(a)(2) of title 10, United States Code; and
(B) in the case of public land described in the
proposed resource management plan--
(i) a phased development area; and
(ii) any public land within the
northeastern, northwestern, southeastern, or
southwestern quadrant of the Roan Plateau
Planning Area that is defined as ``below the
rim'' or ``below the cliffs'' in figure 1-3.
(3) June 2007 record of decision.--The term ``June 2007
Record of Decision'' means the Record of Decision made
available pursuant to the notice entitled ``Notice of
Availability of the Record of Decision for the Resource
Management Plan Amendment (RMPA) for Portions of the Roan
Plateau Planning Area and Supplemental Information for Proposed
Areas of Critical Environmental Concern (ACEC) With Associated
Resource Use Limitations for Public Lands in Garfield and Rio
Blanco Counties, CO'' (72 Fed. Reg. 32138), dated June 11,
2007.
(4) March 2008 record of decision.--The term ``March 2008
Record of Decision'' means the Record of Decision for the
Designation of Areas of Critical Environmental Concern for the
Roan Plateau Resource Management Plan Amendment and
Environmental Impact Statement, dated March 15, 2008.
(5) Mineral lease.--The term ``mineral lease'' means a
lease of minerals owned by the United States pursuant to the
Mineral Leasing Act (30 U.S.C. 181 et seq.).
(6) Phased development area.--The term ``phased development
area'' means each of the 6 tracts of public domain land on the
top of the Roan Plateau, each of which is--
(A) depicted in figure 2-1 on page 2-26 of the
proposed resource management plan; and
(B) described, respectively, as--
(i) the Anvil Ridge Oil & Gas Phased
Development Area;
(ii) the Cook Ridge Oil & Gas Phased
Development Area;
(iii) the Corral Ridge Oil & Gas Phased
Development Area;
(iv) the Long Ridge East Oil & Gas Phased
Development Area;
(v) the Long Ridge West Oil & Gas Phased
Development Area; and
(vi) the Short Ridge Oil & Gas Phased
Development Area.
(7) Proposed resource management plan.--The term ``proposed
resource management plan'' means the proposed Resource
Management Plan and Environmental Impact Statement of the
Bureau of Land Management for the Roan Plateau Management Area
(August 2006).
(8) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(9) Resource management plan amendment.--The term
``resource management plan amendment'' means the Resource
Management Plan Amendment and Final Environmental Impact
Statement of the Bureau of Land Management for the Roan Plateau
Planning Area (2006).
(10) Roan plateau planning area.--The term ``Roan Plateau
Planning Area'' means public land in the State that is covered
by the draft resource management plan.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(12) State.--The term ``State'' means the State of
Colorado.
SEC. 4. SPECIAL PROTECTION AREAS.
(a) Designation.--There are designated the following Special
Protection Areas:
(1) All public land identified as an Area of Critical
Environmental Concern (ACEC) on the map entitled ``Alternative
II Management'' of the draft resource management plan.
(2) All public land located within the watersheds or
drainages of Northwater Creek and the East Fork of Parachute
Creek above the confluence with First Anvil Creek.
(3) All public land identified as subject to a No Ground
Disturbance (NGD/NSO) stipulation on the map entitled
``Alternative II Stipulations'' of the resource management plan
amendment.
(b) Management.--Except as otherwise provided in this Act, the
Secretary shall manage the Special Protection Areas in a manner that
prevents irreparable damage to the fish and wildlife resources and the
historical, cultural, scenic, and environmental resources and values
within those areas.
(c) Terms and Conditions.--Except as provided in subsection (d),
the Secretary shall include in any mineral lease entered into for any
land within a Special Protection Area and for any Federal minerals
underlying the Northwater Creek drainage--
(1) a stipulation prohibiting surface occupancy or surface
disturbance for purposes of exploration for or development of
oil or natural gas; and
(2) such other terms and conditions as are necessary to
protect and enhance the biological and ecological values
associated with public land covered by the lease.
(d) Nonwaivability.--
(1) In general.--Except as provided in paragraph (2), a
stipulation, term, or condition described in subsection (c)(1)
shall not be subject to waiver, exemption, or exception.
(2) Exceptions for existing ridge-top roads.--The Secretary
may allow the holder of a mineral lease to occupy the surface
of public land identified on the map entitled ``Alternative II
Management'' of the draft resource management plan that has a
surveyed slope of not more than 20 percent and is within 600
feet on either side of the center line of the following
existing ridge-top roads (not including any secondary roads or
spur roads appurtenant to the ridge-top roads, other than the
road described in subparagraph (F)):
(A) Anvil Points Road.
(B) Long Ridge Road.
(C) Short Ridge Road.
(D) Cook Ridge Road.
(E) Corral Ridge Road, numbered 8,000 off of Cow
Creek Road, but only in areas that are outside the
watershed of Trapper Creek.
(F) The spur road off of Cow Creek Road and Corral
Ridge Road in sec. 1, 2, and 11, T. 5 S., R. 95 W., but
only on the north and west sides of the road.
(e) Conditions for Oil and Gas Exploration and Development Along
Existing Ridge-Top Roads.--
(1) In general.--The Secretary may permit oil and gas
exploration and development activities within the development
corridors designated under subsection (d) only after--
(A) site-specific consultation with the Department
of Natural Resources of the State;
(B) the conduct of a detailed review and analysis
of the proposed location and activities; and
(C) incorporation of operational and procedural
practices to avoid, minimize, or mitigate any potential
impacts to biological or ecological resources,
including state-of-the-art measures to minimize erosion
from stormwater runoff.
(2) Compliance with federal and state law.--Any oil and gas
exploration and development activities authorized under
subsection (d)(2) shall comply with applicable Federal and
State laws (including regulations).
(f) Public Comment.--Before permitting oil and gas exploration and
development activities under subsection (d)(2), the Secretary shall
provide notice and an opportunity for public comment.
SEC. 5. PHASED MINERAL LEASING.
(a) In General.--
(1) Leases.--Except as provided in paragraph (2) and to the
extent consistent with this Act, the Secretary may issue
mineral leases affecting public land within the Roan Plateau
Planning Area pursuant to the Mineral Leasing Act (30 U.S.C.
181 et seq.).
(2) Oil shale.--The Secretary may not permit through a
lease or other means any exploration for or development of oil
shale resources within the Roan Plateau Planning Area.
(b) Phased Development.--
(1) In general.--Subject to paragraph (2), the Secretary
may not at any time issue mineral leases for public land within
more than 1 of the phased development areas.
(2) Initial phased development area.--The Secretary, in
consultation with and concurrence by the Department of Natural
Resources of the State and pursuant to this subsection, may
select an area for initial issuance of mineral leases.
(3) Factors.--In making the selection under paragraph (2),
the Secretary shall, to the maximum extent practicable--
(A) minimize environmental and ecological impact;
(B) minimize disturbance to natural areas atop the
Roan Plateau;
(C) maximize use of existing access roads and oil
and gas pipeline and production infrastructure;
(D) consider patterns of private land ownership
adjacent to public land;
(E) protect and promote ecological diversity;
(F) minimize adverse effects on wildlife
populations, habitat, and migration patterns;
(G) minimize adverse effects on watershed values;
and
(H) maximize the revenues likely to be obtained by
the United States and, pursuant to the Mineral Leasing
Act (30 U.S.C. 181 et seq.), the State.
(4) Choice of initial area.--The Secretary may select as
the initial area for offering of leases only--
(A) the Anvil Ridge Oil and Gas Development Area;
or
(B) the Corral Ridge Oil and Gas Development Area.
(5) Public comment.--Before making a selection of a phased
development area under this subsection, the Secretary shall
provide notice and an opportunity for public comment.
(c) Environmental Protection.--Each mineral lease affecting public
land within the Roan Plateau Planning Area shall include provisions to
ensure the protection of the environment, including minimum pad spacing
that incorporates current state-of-the-art drilling technologies and
clustered development.
(d) Bonus Bids and Leases.--In entering into leases for oil or gas
exploration and development on public land within the Roan Plateau
Planning Area, the Secretary may include minimum bonus bid amounts and
lease sizes that are above the limits established under subparagraphs
(A) and (B) of section 17(b)(1) of the Mineral Leasing Act (30 U.S.C.
226(b)(1)), to the extent the Secretary considers the amounts and sizes
appropriate to accomplish the purposes of this Act, including
maximization of lease revenues and protection of the environment.
(e) Reports.--Not later than 1 year after the date on which leases
are first offered pursuant to this section and annually thereafter, the
Secretary shall submit to the appropriate committees of Congress a
report that includes detailed information about--
(1) the status of exploration or development activities
pursuant to leases entered into under this section and the
stipulations and other terms and conditions applicable to each
such lease;
(2) the nature and effectiveness of actions taken to
mitigate adverse effects of exploration or development
activities pursuant to the leases and to reclaim land affected
by the activities;
(3) the effectiveness of the actions described in paragraph
(2); and
(4) the effects of such exploration or development
activities on--
(A) water quality and quantity;
(B) air quality;
(C) the viability of native fish populations;
(D) wildlife habitat and populations;
(E) opportunities for hunting, fishing, and other
recreational activities; and
(F) land affected by any discharges or spills
related to the activities.
SEC. 6. SELECTION OF SUBSEQUENT LEASING AREAS.
(a) In General.--Subject to subsection (d) and consistent with this
Act, the Secretary, in consultation with and concurrence by the
Department of Natural Resources of the State, may select the second and
each subsequent phased development area for issuance of mineral leases.
(b) Requirements.--Each selection under this section shall be made
in accordance with the requirements of section 5(b)(3) that apply to
the initial selection.
(c) Public Comment.--Before making a selection of a subsequent
phased development area under this section, the Secretary shall provide
notice and an opportunity for public comment.
(d) Conditions.--Selection and leasing of the second or any
subsequent phased development area shall occur only if--
(1) wells have been completed to recover at least 90
percent of the recoverable natural gas in each previously
selected phased development area; and
(2) reclamation of ground disturbance to a 5-year interim
reclamation standard as set forth in Appendix C of the June
2007 Record of Decision has occurred on at least 99 percent of
the public land leased in each previously-selected phased
development area.
SEC. 7. FEDERAL UNITIZATION AGREEMENTS.
(a) In General.--The Secretary, in consultation with and
concurrence by the Department of Natural Resources of the State, shall
ensure that each lease for oil or gas exploration and development on
public land within the Roan Plateau Planning Area under this Act
contains a stipulation that requires the lessee to join a Federal
unitization agreement that is approved by the Secretary covering all
leases offered in the relevant phased development area.
(b) Contents.--The unitization agreement under subsection (a)
shall--
(1) identify the operator of the unit;
(2) allocate costs and benefits of production to all of the
covered lessees; and
(3) provide a development plan for the leased area.
SEC. 8. RECORD OF DECISION.
(a) Reclamation Requirements and Disturbance Limitations.--Each
development activity conducted under a mineral lease affecting public
land within the Roan Plateau Planning Area shall be subject to the
reclamation requirements and disturbance limitations of the June 2007
Record of Decision and the March 2008 Record of Decision, including the
limitation on the total unreclaimed surface disturbance on the Plateau
to 350 acres.
(b) Continued Application.--The June 2007 Record of Decision and
the March 2008 Record of Decision shall continue to apply to the Roan
Plateau Planning Area to the extent that the June 2007 Record of
Decision and the March 2008 Record of Decision are consistent with this
Act.
SEC. 9. CONFORMING AMENDMENTS.
Section 7439 of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(1) Beginning on November
18, 1997, or as soon thereafter as practicable,
the'' and inserting ``The''; and
(ii) in the first sentence--
(I) by striking ``shall'' and
inserting ``may''; and
(II) by inserting ``, as authorized
under the Roan Plateau Oil and Gas
Leasing Improvement Act of 2008''
before the period at the end; and
(B) by striking paragraph (2); and
(2) in subsection (f)--
(A) in paragraph (1), by striking ``specified in
paragraph (2)'' and inserting ``beginning on November
18, 1997, and ending on the date of enactment of the
Roan Plateau Oil and Gas Leasing Improvement Act of
2008''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Beginning on the date of enactment of the Roan Plateau Oil
and Gas Leasing Improvement Act of 2008, any amounts received by the
United States from a lease under this section (including amounts in the
form of sales, bonuses, royalties (including interest charges collected
under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C.
1701 et seq.)), and rentals) shall be deposited in the Treasury of the
United States, for use in accordance with section 35 of the Mineral
Leasing Act (30 U.S.C. 191).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Referred to the Subcommittee on Energy and Mineral Resources.
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