S 2879 ISCommentsClose CommentsPermalink

To provide for orderly and balanced development of energy resources within the Roan Plateau Planning Area of Colorado, and for other purposes.CommentsClose CommentsPermalink

April 17, 2008

Mr. SALAZAR introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To provide for orderly and balanced development of energy resources within the Roan Plateau Planning Area of Colorado, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Roan Plateau Oil and Gas Leasing Improvement Act of 2008'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) the Roan Plateau Planning Area likely contains significant energy resources, especially natural gas;CommentsClose CommentsPermalink





(2) the Roan Plateau Planning Area also is--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(4) phased development and long-range planning pursuant to unit agreements will--CommentsClose CommentsPermalink





(A) maximize lease revenues;CommentsClose CommentsPermalink





(B) reduce duplicative infrastructure, such as roads, pipelines, and compressor stations;CommentsClose CommentsPermalink





(C) reduce overall ground disturbance; andCommentsClose CommentsPermalink





(D) minimize habitat fragmentation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) ELIGIBLE PUBLIC LAND- The term `eligible public land' means --CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) in the case of public land described in the proposed resource management plan--CommentsClose CommentsPermalink





(i) a phased development area; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) JUNE 2007 RECORD OF DECISION- The term `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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) depicted in figure 2-1 on page 2-26 of the proposed resource management plan; andCommentsClose CommentsPermalink





(B) described, respectively, as--CommentsClose CommentsPermalink





(i) the Anvil Ridge Oil & Gas Phased Development Area;CommentsClose CommentsPermalink





(ii) the Cook Ridge Oil & Gas Phased Development Area;CommentsClose CommentsPermalink





(iii) the Corral Ridge Oil & Gas Phased Development Area;CommentsClose CommentsPermalink





(iv) the Long Ridge East Oil & Gas Phased Development Area;CommentsClose CommentsPermalink





(v) the Long Ridge West Oil & Gas Phased Development Area; andCommentsClose CommentsPermalink





(vi) the Short Ridge Oil & Gas Phased Development Area.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(11) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.CommentsClose CommentsPermalink





(12) STATE- The term `State' means the State of Colorado.CommentsClose CommentsPermalink

SEC. 4. SPECIAL PROTECTION AREAS.

(a) Designation- There are designated the following Special Protection Areas:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) a stipulation prohibiting surface occupancy or surface disturbance for purposes of exploration for or development of oil or natural gas; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Nonwaivability-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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)):CommentsClose CommentsPermalink





(A) Anvil Points Road.CommentsClose CommentsPermalink





(B) Long Ridge Road.CommentsClose CommentsPermalink





(C) Short Ridge Road.CommentsClose CommentsPermalink





(D) Cook Ridge Road.CommentsClose CommentsPermalink





(E) Corral Ridge Road, numbered 8,000 off of Cow Creek Road, but only in areas that are outside the watershed of Trapper Creek.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Conditions for Oil and Gas Exploration and Development Along Existing Ridge-Top Roads-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may permit oil and gas exploration and development activities within the development corridors designated under subsection (d) only after--CommentsClose CommentsPermalink





(A) site-specific consultation with the Department of Natural Resources of the State;CommentsClose CommentsPermalink





(B) the conduct of a detailed review and analysis of the proposed location and activities; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 5. PHASED MINERAL LEASING.

(a) In General-CommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Phased Development-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) FACTORS- In making the selection under paragraph (2), the Secretary shall, to the maximum extent practicable--CommentsClose CommentsPermalink





(A) minimize environmental and ecological impact;CommentsClose CommentsPermalink





(B) minimize disturbance to natural areas atop the Roan Plateau;CommentsClose CommentsPermalink





(C) maximize use of existing access roads and oil and gas pipeline and production infrastructure;CommentsClose CommentsPermalink





(D) consider patterns of private land ownership adjacent to public land;CommentsClose CommentsPermalink





(E) protect and promote ecological diversity;CommentsClose CommentsPermalink





(F) minimize adverse effects on wildlife populations, habitat, and migration patterns;CommentsClose CommentsPermalink





(G) minimize adverse effects on watershed values; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) CHOICE OF INITIAL AREA- The Secretary may select as the initial area for offering of leases only--CommentsClose CommentsPermalink





(A) the Anvil Ridge Oil and Gas Development Area; orCommentsClose CommentsPermalink





(B) the Corral Ridge Oil and Gas Development Area.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(3) the effectiveness of the actions described in paragraph (2); andCommentsClose CommentsPermalink





(4) the effects of such exploration or development activities on--CommentsClose CommentsPermalink





(A) water quality and quantity;CommentsClose CommentsPermalink





(B) air quality;CommentsClose CommentsPermalink





(C) the viability of native fish populations;CommentsClose CommentsPermalink





(D) wildlife habitat and populations;CommentsClose CommentsPermalink





(E) opportunities for hunting, fishing, and other recreational activities; andCommentsClose CommentsPermalink





(F) land affected by any discharges or spills related to the activities.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Conditions- Selection and leasing of the second or any subsequent phased development area shall occur only if--CommentsClose CommentsPermalink





(1) wells have been completed to recover at least 90 percent of the recoverable natural gas in each previously selected phased development area; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Contents- The unitization agreement under subsection (a) shall--CommentsClose CommentsPermalink





(1) identify the operator of the unit;CommentsClose CommentsPermalink





(2) allocate costs and benefits of production to all of the covered lessees; andCommentsClose CommentsPermalink





(3) provide a development plan for the leased area.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 9. CONFORMING AMENDMENTS.

Section 7439 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking `(1) Beginning on November 18, 1997, or as soon thereafter as practicable, the' and inserting `The'; andCommentsClose CommentsPermalink





(ii) in the first sentence--CommentsClose CommentsPermalink





(I) by striking `shall' and inserting `may'; andCommentsClose CommentsPermalink





(II) by inserting `, as authorized under the Roan Plateau Oil and Gas Leasing Improvement Act of 2008' before the period at the end; andCommentsClose CommentsPermalink





(B) by striking paragraph (2); andCommentsClose CommentsPermalink





(2) in subsection (f)--CommentsClose CommentsPermalink





(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'; andCommentsClose CommentsPermalink





(B) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





`(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).'.CommentsClose CommentsPermalink