I 
110TH CONGRESS 
2D SESSION 
H. R. 5851 
To provide for orderly and balanced development of energy resources within 
the Roan Plateau Planning Area of Colorado, and for other purposes. 
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. 
Be it enacted by the Senate and House of Representa-
tives 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 con-
tains significant energy resources, especially natural 
gas; 
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(2) the Roan Plateau Planning Area also is— 
(A) an important part of the natural herit-
age of the State of Colorado that provides im-
portant habitat for fish and wildlife, including 
genetically pure populations of Colorado River 
cutthroat trout, mule deer, and Rocky Moun-
tain elk; and 
(B) increasingly important for hunters, 
fishermen, and other outdoor recreationists as 
development has made other land in the west-
ern 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 par-
ticular threat to habitats for wildlife and aquatic 
species on the Roan Plateau, while phased leasing of 
the energy resources associated with the Roan Pla-
teau can result in payment by the leaseholders of 
greater revenues than would result from more rapid 
leasing; and 
(4) phased development and long-range plan-
ning pursuant to unit agreements will— 
(A) maximize lease revenues; 
(B) reduce duplicative infrastructure, such 
as roads, pipelines, and compressor stations; 
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(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 im-
pacts on fish and wildlife habitats and environmental re-
sources 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 ‘‘eligi-
ble 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 
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(ii) any public land within the north-
eastern, northwestern, southeastern, or 
southwestern quadrant of the Roan Pla-
teau 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 ‘‘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 Pla-
teau Planning Area and Supplemental Information 
for Proposed Areas of Critical Environmental Con-
cern (ACEC) With Associated Resource Use Limita-
tions 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 Pla-
teau Resource Management Plan Amendment and 
Environmental Impact Statement, dated March 15, 
2008. 
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SEC. 4. SPECIAL PROTECTION AREAS. 
(a) DESIGNATION.—There are designated the fol-
lowing Special Protection Areas: 
(1) All public land identified as an Area of Crit-
ical Environmental Concern (ACEC) on the map en-
titled ‘‘Alternative II Management’’ of the draft re-
source management plan. 
(2) All public land located within the water-
sheds 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 re-
source management plan amendment. 
(b) MANAGEMENT.—Except as otherwise provided in 
this Act, the Secretary shall manage the Special Protec-
tion Areas in a manner that prevents irreparable damage 
to the fish and wildlife resources and the historical, cul-
tural, 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— 
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(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 nec-
essary to protect and enhance the biological and eco-
logical values associated with public land covered by 
the lease. 
(d) NONWAIVABILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (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 Man-
agement’’ of the draft resource management plan 
that has a surveyed slope of not more than 20 per-
cent and is within 600 feet on either side of the cen-
ter line of the following existing ridge-top roads (not 
including any secondary roads or spur roads appur-
tenant to the ridge-top roads, other than the road 
described in subparagraph (F)): 
(A) Anvil Points Road. 
(B) Long Ridge Road. 
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(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 De-
partment 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 proce-
dural practices to avoid, minimize, or mitigate 
any potential impacts to biological or ecological 
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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 (in-
cluding regulations). 
(f) PUBLIC COMMENT.—Before permitting oil and 
gas exploration and development activities under sub-
section (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 pursu-
ant 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.— 
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(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 infra-
structure; 
(D) consider patterns of private land own-
ership adjacent to public land; 
(E) protect and promote ecological diver-
sity; 
(F) minimize adverse effects on wildlife 
populations, habitat, and migration patterns; 
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(G) minimize adverse effects on watershed 
values; and 
(H) maximize the revenues likely to be ob-
tained 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 Develop-
ment Area; or 
(B) the Corral Ridge Oil and Gas Develop-
ment Area. 
(5) PUBLIC COMMENT.—Before making a selec-
tion of a phased development area under this sub-
section, the Secretary shall provide notice and an op-
portunity for public comment. 
(c) ENVIRONMENTAL PROTECTION.—Each mineral 
lease affecting public land within the Roan Plateau Plan-
ning 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 
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land within the Roan Plateau Planning Area, the Sec-
retary may include minimum bonus bid amounts and lease 
sizes that are above the limits established under subpara-
graphs (A) and (B) of section 17(b)(1) of the Mineral 
Leasing Act (30 U.S.C. 226(b)(1)), to the extent the Sec-
retary considers the amounts and sizes appropriate to ac-
complish 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 ac-
tivities 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 develop-
ment activities on— 
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(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 con-
sistent 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 sec-
tion 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 sec-
ond or any subsequent phased development area shall 
occur only if— 
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(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 devel-
opment area. 
SEC. 7. FEDERAL UNITIZATION AGREEMENTS. 
(a) IN GENERAL.—The Secretary, in consultation 
with and concurrence by the Department of Natural Re-
sources 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 develop-
ment 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 
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(3) provide a development plan for the leased 
area. 
SEC. 8. RECORD OF DECISION. 
(a) RECLAMATION REQUIREMENTS AND DISTURB-
ANCE
LIMITATIONS.—Each development activity con-
ducted 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 Deci-
sion 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)— 
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(i) by striking ‘‘(1) Beginning on No-
vember 18, 1997, or as soon thereafter as 
practicable, the’’ and inserting ‘‘The’’; and 
(ii) in the first sentence— 
(I) by striking ‘‘shall’’ and insert-
ing ‘‘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 ‘‘speci-
fied 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 insert-
ing 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 
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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).’’. 
Æ 
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