I
110th CONGRESS
2d Session
H. R. 5851
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.
Short title
This Act may be cited as
the Roan Plateau Oil and Gas Leasing
Improvement Act of 2008
.
Findings and purpose
Findings
Congress finds that—
the Roan Plateau Planning Area likely contains significant energy resources, especially natural gas;
the Roan Plateau Planning Area also is—
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
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;
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
phased development and long-range planning pursuant to unit agreements will—
maximize lease revenues;
reduce duplicative infrastructure, such as roads, pipelines, and compressor stations;
reduce overall ground disturbance; and
minimize habitat fragmentation.
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.
Definitions
In this Act:
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).
Eligible public land
The term eligible public land means —
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
in the case of public land described in the proposed resource management plan—
a phased development area; and
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.
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.
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.
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.).
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—
depicted in figure 2–1 on page 2–26 of the proposed resource management plan; and
described, respectively, as—
the Anvil Ridge Oil & Gas Phased Development Area;
the Cook Ridge Oil & Gas Phased Development Area;
the Corral Ridge Oil & Gas Phased Development Area;
the Long Ridge East Oil & Gas Phased Development Area;
the Long Ridge West Oil & Gas Phased Development Area; and
the Short Ridge Oil & Gas Phased Development Area.
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).
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).
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).
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.
Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
State
The term State means the State of Colorado.
Special protection areas
Designation
There are designated the following Special Protection Areas:
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.
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.
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.
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.
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—
a stipulation prohibiting surface occupancy or surface disturbance for purposes of exploration for or development of oil or natural gas; and
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.
Nonwaivability
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.
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)):
Anvil Points Road.
Long Ridge Road.
Short Ridge Road.
Cook Ridge Road.
Corral Ridge Road, numbered 8,000 off of Cow Creek Road, but only in areas that are outside the watershed of Trapper Creek.
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.
Conditions for oil and gas exploration and development along existing ridge-top roads
In general
The Secretary may permit oil and gas exploration and development activities within the development corridors designated under subsection (d) only after—
site-specific consultation with the Department of Natural Resources of the State;
the conduct of a detailed review and analysis of the proposed location and activities; and
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.
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).
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.
Phased mineral leasing
In general
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.).
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.
Phased development
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.
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.
Factors
In making the selection under paragraph (2), the Secretary shall, to the maximum extent practicable—
minimize environmental and ecological impact;
minimize disturbance to natural areas atop the Roan Plateau;
maximize use of existing access roads and oil and gas pipeline and production infrastructure;
consider patterns of private land ownership adjacent to public land;
protect and promote ecological diversity;
minimize adverse effects on wildlife populations, habitat, and migration patterns;
minimize adverse effects on watershed values; and
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.
Choice of initial area
The Secretary may select as the initial area for offering of leases only—
the Anvil Ridge Oil and Gas Development Area; or
the Corral Ridge Oil and Gas Development Area.
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.
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.
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.
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—
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;
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;
the effectiveness of the actions described in paragraph (2); and
the effects of such exploration or development activities on—
water quality and quantity;
air quality;
the viability of native fish populations;
wildlife habitat and populations;
opportunities for hunting, fishing, and other recreational activities; and
land affected by any discharges or spills related to the activities.
Selection of subsequent leasing areas
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.
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.
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.
Conditions
Selection and leasing of the second or any subsequent phased development area shall occur only if—
wells have been completed to recover at least 90 percent of the recoverable natural gas in each previously selected phased development area; and
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.
Federal unitization agreements
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.
Contents
The unitization agreement under subsection (a) shall—
identify the operator of the unit;
allocate costs and benefits of production to all of the covered lessees; and
provide a development plan for the leased area.
Record of decision
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.
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.
Conforming amendments
Section 7439 of title 10, United States Code, is amended—
in subsection (b)—
in paragraph (1)—
by
striking (1) Beginning on November 18, 1997, or as soon thereafter as
practicable, the
and inserting The
; and
in the first sentence—
by striking
shall
and inserting may
; and
by inserting
, as authorized under the Roan Plateau
Oil and Gas Leasing Improvement Act of 2008
before the
period at the end; and
by striking paragraph (2); and
in subsection (f)—
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
by striking paragraph (2) and inserting the following:
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).
.