[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2229 Reported in Senate (RS)]






                                                       Calendar No. 795
110th CONGRESS
  2d Session
                                S. 2229

                          [Report No. 110-363]

To withdraw certain Federal land in the Wyoming Range from leasing and 
 provide an opportunity to retire certain leases in the Wyoming Range.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2007

Mr. Barrasso (for himself and Mr. Enzi) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             June 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To withdraw certain Federal land in the Wyoming Range from leasing and 
 provide an opportunity to retire certain leases in the Wyoming Range.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Wyoming Range Legacy Act of 
2007''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the Wyoming Range, a rugged chain of mountains 
        running north-south for greater than 100 miles in western 
        Wyoming, managed by the Bridger-Teton National Forest, contains 
        some of the finest scenic views, wildlife habitat, and outdoor 
        recreational opportunities in the State of Wyoming;</DELETED>
        <DELETED>    (2) the Wyoming Range provides world-class hunting 
        and fishing opportunities;</DELETED>
        <DELETED>    (3) many area outfitters, ranchers, and businesses 
        rely on the habitat and recreational values of the Wyoming 
        Range remaining undiminished;</DELETED>
        <DELETED>    (4) energy development on Federal land in the 
        State of Wyoming contributes significantly to domestic energy 
        production in the United States; and</DELETED>
        <DELETED>    (5) consistent with the multiple use mandate for 
        national forest land, currently producing oil and gas leases 
        within the Wyoming Range would be unaffected by this 
        Act.</DELETED>
<DELETED>    (b) Purposes.--The purpose of this Act are--</DELETED>
        <DELETED>    (1) to establish the Wyoming Range Withdrawal 
        Area, which would withdraw areas in the Wyoming Range portion 
        of the Bridger-Teton National Forest from location, entry, 
        leasing, and patent under the mining laws; and</DELETED>
        <DELETED>    (2) to allow for the retirement of existing oil 
        and gas leases within the Wyoming Range Withdrawal Area that 
        are relinquished or otherwise acquired by the United 
        States.</DELETED>

<DELETED>SEC. 3. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING 
              RANGE.</DELETED>

<DELETED>    (a) In General.--Subject to valid rights in existence on 
the date of enactment of this Act and subsections (c) and (d) 
(including valid rights under leases in effect on the date of enactment 
of this Act), land in the Wyoming Range described in subsection (b) is 
withdrawn from--</DELETED>
        <DELETED>    (1) all forms of appropriation or disposal under 
        the public land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the mining 
        laws; and</DELETED>
        <DELETED>    (3) disposition under laws relating to mineral and 
        geothermal leasing or mineral materials.</DELETED>
<DELETED>    (b) Covered Land.--Subsection (a) applies to all Forest 
Service land and federally owned minerals located within the boundaries 
of the Bridger-Teton National Forest identified on the map entitled 
``Wyoming Range Withdrawal Area'' and dated October 17, 2007, on file 
with the Office of the Chief of the Forest Service and the Office of 
the Supervisor of the Bridger-Teton National Forest.</DELETED>
<DELETED>    (c) Existing Rights.--If an existing right to land 
otherwise withdrawn from leasing under this section is relinquished or 
otherwise acquired by the United States after the date of enactment of 
this Act, the land subject to the existing right is withdrawn from 
leasing in accordance with this section.</DELETED>
<DELETED>    (d) Buffers.--Nothing in this section requires--</DELETED>
        <DELETED>    (1) the creation of a protective perimeter or 
        buffer area outside the boundaries of the land withdrawn under 
        this section; or</DELETED>
        <DELETED>    (2) any prohibition on activities that can be seen 
        or heard from within the boundaries of the land withdrawn under 
        this section.</DELETED>
<DELETED>    (e) Forest Plan.--The Bridger-Teton National Forest Plan 
(including any revisions) shall apply to any land within the Bridger-
Teton National Forest that is not withdrawn under this section and any 
leases of that land.</DELETED>

<DELETED>SEC. 4. RETIREMENT OF CERTAIN LEASES IN THE WYOMING 
              RANGE.</DELETED>

<DELETED>    (a) Request for Lease Retirement.--A lessee of a valid 
existing Federal oil, gas, or other mineral lease within the Wyoming 
Range Withdrawal Area covered by section 3(b) may submit a written 
request to the Secretary of the Interior (referred to in this section 
as the ``Secretary'') for the retirement and repurchase of the 
lease.</DELETED>
<DELETED>    (b) Authority of Secretary.--The Secretary may use non-
Federal funds to purchase any lease from a lessee who requests 
retirement and repurchase of the lease under subsection (a).</DELETED>
<DELETED>    (c) Amount.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraphs (2) and 
        (3), the amount of the purchase price for a lease retired under 
        this section shall be based on fair market value, as determined 
        from an appraisal that is agreed to by the Secretary and the 
        lessee.</DELETED>
        <DELETED>    (2) Donations authorized.--A lessee may--
        </DELETED>
                <DELETED>    (A) waive a claim to compensation, in 
                whole or in part, under this section; and</DELETED>
                <DELETED>    (B) donate to the Secretary a valid 
                existing lease in the Wyoming Range Withdrawal 
                Area.</DELETED>
        <DELETED>    (3) Acceptance of other compensation.--Nothing in 
        this Act limits compensation from a private, State, or other 
        source in lieu of, or in addition to, receiving compensation 
        under this section.</DELETED>
<DELETED>    (d) Cancellation of Repurchased and Donated Leases.--
</DELETED>
        <DELETED>    (1) Cancellation.--The Secretary shall cancel each 
        lease that is acquired under this section.</DELETED>
        <DELETED>    (2) Withdrawal.--Land that is subject to a lease 
        that is cancelled under paragraph (1) is withdrawn in 
        accordance with section 3.</DELETED>
<DELETED>    (e) Notification of Leaseholders.--Not later than 120 days 
after the date of enactment of this Act, the Secretary shall provide 
notice to holders of valid existing Federal leases within the Wyoming 
Range Withdrawal Area of the opportunity for repurchase and retirement 
under this section.</DELETED>
<DELETED>    (f) Relationship to Other Authority.--Nothing in this 
section affects any authority the Secretary may otherwise have to 
modify, suspend, or terminate a lease without compensation.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wyoming Range Legacy Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Wyoming range withdrawal area.--The term ``Wyoming 
        Range Withdrawal Area'' means all National Forest System land 
        and federally owned minerals located within the boundaries of 
        the Bridger-Teton National Forest identified on the map 
        entitled ``Wyoming Range Withdrawal Area'' and dated October 
        17, 2007, on file with the Office of the Chief of the Forest 
        Service and the Office of the Supervisor of the Bridger-Teton 
        National Forest.

SEC. 3. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE.

    (a) Withdrawal.--Except as provided in subsection (f), subject to 
valid existing rights as of the date of enactment of this Act and the 
provisions of this Act, land in the Wyoming Range Withdrawal Area is 
withdrawn from--
            (1) all forms of appropriation or disposal under the public 
        land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under laws relating to mineral and 
        geothermal leasing.
    (b) Existing Rights.--If any right referred to in subsection (a) is 
relinquished or otherwise acquired by the United States (including 
through donation under section 4) after the date of enactment of this 
Act, the land subject to that right shall be withdrawn in accordance 
with this section.
    (c) Buffers.--Nothing in this section requires--
            (1) the creation of a protective perimeter or buffer area 
        outside the boundaries of the Wyoming Range Withdrawal Area; or
            (2) any prohibition on activities outside of the boundaries 
        of the Wyoming Range Withdrawal Area that can be seen or heard 
        from within the boundaries of the Wyoming Range Withdrawal 
        Area.
    (d) Land and Resource Management Plan.--
            (1) In general.--Subject to paragraph (2), the Bridger-
        Teton National Land and Resource Management Plan (including any 
        revisions to the Plan) shall apply to any land within the 
        Wyoming Range Withdrawal Area.
            (2) Conflicts.--If there is a conflict between this Act and 
        the Bridger-Teton National Land and Resource Management Plan, 
        this Act shall apply.
    (e) Prior Lease Sales.--Nothing in this section prohibits the 
Secretary from taking any action necessary to issue, deny, remove the 
suspension of, or cancel a lease, or any sold lease parcel that has not 
been issued, pursuant to any lease sale conducted prior to the date of 
enactment of this Act, including the completion of any requirements 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).
    (f) Exception.--Notwithstanding the withdrawal in subsection (a), 
the Secretary may lease oil and gas resources in the Wyoming Range 
Withdrawal Area that are within 1 mile of the boundary of the Wyoming 
Range Withdrawal Area in accordance with the Mineral Leasing Act (30 
U.S.C. 181 et seq.) and subject to the following conditions:
            (1) The lease may only be accessed by directional drilling 
        from a lease held by production on the date of enactment of 
        this Act on National Forest System land that is adjacent to, 
        and outside of, the Wyoming Range Withdrawal Area.
            (2) The lease shall prohibit, without exception or waiver, 
        surface occupancy and surface disturbance for any activities, 
        including activities related to exploration, development, or 
        production.
            (3) The directional drilling may extend no further than 1 
        mile inside the boundary of the Wyoming Range Withdrawal Area.

SEC. 4. ACCEPTANCE OF THE DONATION OF VALID EXISTING MINING OR LEASING 
              RIGHTS IN THE WYOMING RANGE.

    (a) Notification of Leaseholders.--Not later than 120 days after 
the date of enactment of this Act, the Secretary shall provide notice 
to holders of valid existing mining or leasing rights within the 
Wyoming Range Withdrawal Area of the potential opportunity for 
repurchase of those rights and retirement under this section.
    (b) Request for Lease Retirement.--
            (1) In general.--A holder of a valid existing mining or 
        leasing right within the Wyoming Range Withdrawal Area may 
        submit a written notice to the Secretary of the interest of the 
        holder in the retirement and repurchase of that right.
            (2) List of interested holders.--The Secretary shall 
        prepare a list of interested holders and make the list 
        available to any non-Federal entity or person interested in 
        acquiring that right for retirement by the Secretary.
    (c) Prohibition.--The Secretary may not use any Federal funds to 
purchase any right referred to in subsection (a).
    (d) Donation Authority.--The Secretary shall--
            (1) accept the donation of any valid existing mining or 
        leasing right in the Wyoming Range Withdrawal Area from the 
        holder of that right or from any non-Federal entity or person 
        that acquires that right; and
            (2) on acceptance, cancel that right.
    (e) Relationship to Other Authority.--Nothing in this Act affects 
any authority the Secretary may otherwise have to modify, suspend, or 
terminate a lease without compensation, or to recognize the transfer of 
a valid existing mining or leasing right, if otherwise authorized by 
law.
                                                       Calendar No. 795

110th CONGRESS

  2d Session

                                S. 2229

                          [Report No. 110-363]

_______________________________________________________________________

                                 A BILL

To withdraw certain Federal land in the Wyoming Range from leasing and 
 provide an opportunity to retire certain leases in the Wyoming Range.

_______________________________________________________________________

                             June 16, 2008

                       Reported with an amendment