II 111th CONGRESS 1st Session S. 719 IN THE SENATE OF THE UNITED STATES March 26, 2009 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior to notify surface estate owners in cases in which the leasing of Federal minerals underlying the land are to be leased for oil and gas development.

1.

Short title

This Act may be cited as the Surface Estate Owner Notification Act.

2.

Surface owner notification

(a)

Definitions

In this Act: (1)

Lease

The term lease means a lease that— (A)is issued by the Secretary under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or any other law; and (B)provides for development of oil and gas resources (including coalbed methane) owned by the United States. (2)

Secretary

The term Secretary means the Secretary of the Interior. (b)

Notification requirements

(1)

In general

The Secretary shall— (A)at least 45 days before a lease sale, submit to the surface estate owner of the land subject to the lease written notice of the lease sale; (B)not later than 10 working days after the date on which a lease is issued, submit to the surface estate owner notice of the identity of the lessee; (C)notify the surface estate owner in writing concerning any subsequent decisions regarding a lease, such as modifying or waiving stipulations and approving rights of way; and (D)not later than 5 days after the date of issuance of a drilling permit under a lease, submit to the surface estate owner notice of the issuance of the drilling permit. (2)

Inclusions

A written notice under paragraph (1)(A) shall include information on— (A)split estates; and (B)the rights and responsibilities of landowners.