[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2879 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2879

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 2008

  Mr. Salazar introduced the following bill; which was read twice and 
       referred to the Committee on Energy and 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 ``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>