1.This Act may be cited as
the Roan Plateau Oil and Gas Leasing
Improvement Act of 2008
.
2.
(a)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)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.
3.In this Act:
(1)Draft resource
management planThe 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)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 decisionThe 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 decisionThe 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)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)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 planThe 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)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 amendmentThe 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 AreaThe term Roan Plateau Planning Area
means public land in the State that is covered by the draft resource management
plan.
(11)The
term Secretary means the Secretary of the Interior, acting through
the Director of the Bureau of Land Management.
(12)The
term State means the State of Colorado.
4.
(a)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)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)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)
(1)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 roadsThe 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)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 lawAny oil and gas exploration and development
activities authorized under subsection (d)(2) shall comply with applicable
Federal and State laws (including regulations).
(f)Before permitting oil and gas exploration and development
activities under subsection (d)(2), the Secretary shall provide notice and an
opportunity for public comment.
5.
(a)
(1)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)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)
(1)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 areaThe 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)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)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)Before making a selection of a phased development area
under this subsection, the Secretary shall provide notice and an opportunity
for public comment.
(c)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)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)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.
6.Selection of
subsequent leasing areas
(a)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)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)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)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.
7.Federal
unitization agreements
(a)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)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.
8.
(a)Reclamation
requirements and disturbance limitationsEach 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)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.
9.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).
.