,,ii #aaeth ,,congress #ast ,session ,s4 #dha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #a1 #bjag,mr4 ,bennet introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for the withdrawal and protection of certain ,federal land in the ,state of ,colorado1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,thompson ,divide ,withdrawal and ,protection ,act of #bjag4 #b4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 the ,thompson ,divide in western ,colorado provides rural character1 a robust agriculture-based economy1 and outstanding recreational and sporting opportunities to the public2 7#b7 the ,thompson ,divide-- 7,a7 provides important spring and summer grazing land for historical ranching operations2 and 7,b7 was described by ,president ,theodore ,roosevelt as a great1 wild country2 7#c7 the ,interior ,board of ,land ,appeals has determined that certain mineral leases previously issued within the ,thompson ,divide are legally deficient2 7#d7 the remedy to the deficiencies described in paragraph 7#c7 may result in protracted legal action and uncertainty for surrounding communities and industry2 and 7#e7 the communities affected by the leases have requested a solution that-- 7,a7 addresses the leasing controversy2 and 7,b7 provides long-term certainty for management of ,federal land within the ,thompson ,divide and the surrounding landscape4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to provide for the cancellation of certain ,federal mineral leases in the ,thompson ,divide2 7#b7 subject to valid existing rights1 to withdraw certain ,federal land in the ,thompson ,divide area from future mineral and other disposal laws2 and 7#c7 to provide a market-based form of reimbursement for cancelled leases4 #c4 ,definitions ,in this ,act3 7#a7 ,north thompson divide lease ,the term ,north ,thompson ,divide ,lease means each of the ,federal mineral leases numbered ,,coc #ffgjf1 ,,coc #ffgjg1 ,,coc #ffgjh1 ,,coc #ffgji1 ,,coc #ffgaj1 ,,coc #ffgaa1 and ,,coc #ffgab4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,south thompson divide lease ,the term ,south ,thompson ,divide ,lease means each of the ,federal mineral leases numbered ,,coc #ffgja1 ,,coc #fffhg1 ,,coc #fffhh1 ,,coc #fffhi1 ,,coc #fffij1 ,,coc #fffia1 ,,coc #fffib1 ,,coc #fffic1 ,,coc #fffid1 ,,coc #fffie1 ,,coc #fffif1 ,,coc #fffig1 ,,coc #fffih1 ,,coc #fffii1 ,,coc #ffgjj1 ,,coc #ffgjb1 ,,coc #ffijh1 and ,,coc #ffiji4 7#d7 ,state ,the term ,state means the ,state of ,colorado4 7#e7 ,thompson divide map ,the term ,thompson ,divide map means the map entitled ,greater ,thompson ,divide ,area ,map and dated ,september #bb1 #bjaf4 7#f7 ,thompson divide withdrawal and protection area ,the term ,thompson ,divide ,withdrawal and ,protection ,area means the ,federal land and minerals at ,thompson ,divide and adjacent areas in ,gunnison ,county1 ,colorado1 as generally depicted on the ,thompson ,divide map as the ,thompson ,divide ,withdrawal and ,protection ,area4 7#g7 ,wolf creek storage field development rights 7,a7 ,in general ,the term ,wolf ,creek ,storage ,field development rights means the development rights for each of the ,federal mineral leases numbered ,,coc #jjgdif1 ,,coc #jjgdig1 ,,coc #jjgdih1 ,,coc #jjgdii1 ,,coc #jjgejj1 ,,coc #jjgech1 ,,coc #jjhabh1 ,,coc #jaecgc1 ,,coc #jabhjah1 ,,coc #jeafde1 and ,,coc #jeafdf1 and generally depicted on the ,thompson ,divide map as ,wolf ,creek ,storage ,agreement4 7,b7 ,exclusions ,the term ,wolf ,creek ,storage ,field development rights does not include any storage rights or related activities within the area described in subparagraph 7,a74 #d4 ,thompson ,divide ,withdrawal and ,protection ,area 7a7 ,withdrawal ,subject to valid existing rights1 the ,thompson ,divide ,withdrawal and ,protection ,area is withdrawn from all forms of-- 7#a7 entry1 appropriation1 and disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7b7 ,surveys ,the exact acreage and legal description of the ,thompson ,divide ,withdrawal and ,protection ,area shall be determined by surveys approved by the ,secretary1 in consultation with the ,secretary of ,agriculture4 #e4 ,north ,thompson ,divide ,lease exchange 7a7 ,in general ,except as provided in subsection 7b71 in exchange for the relinquishment by a leaseholder of all ,north ,thompson ,divide ,leases of the leaseholder1 the ,secretary may issue to the leaseholder credits for bid1 royalty1 or rental payments due under ,federal oil and gas leases on ,federal land in the ,state4 7b7 ,exception ,if a ,north ,thompson ,divide ,lease has been cancelled by the ,secretary before the date of enactment of this ,act and the holder of the cancelled lease has been compensated for the cancelled lease1 the ,secretary may not issue credits for bid1 royalty1 or rental payments for the cancelled lease under subsection 7a74 7c7 ,amount of credit 7#a7 ,in general ,the amount of the credits issued to a holder of any ,north ,thompson ,divide ,leases relinquished under subsection 7a7 shall-- 7,a7 be equal to the sum of-- 7i7 the amount of the bonus bids paid for the applicable ,north ,thompson ,divide ,leases2 7ii7 the amount of any rental paid for the applicable ,north ,thompson ,divide ,leases as of the date on which the holder of the applicable ,north ,thompson ,divide ,leases notifies the ,secretary of the decision to relinquish the applicable ,north ,thompson ,divide ,leases2 and 7iii7 the amount of any expenses incurred by the holder of the applicable ,north ,thompson ,divide ,leases in the preparation of drilling permits1 sundry notices1 or other related submissions in furtherance of the development of the applicable ,north ,thompson ,divide ,leases as of ,july #bi1 #bjaf1 including any expenses related to the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 require the approval of the ,secretary4 7#b7 ,exclusion ,the amount of a credit issued under subsection 7a7 shall not include any expenses paid by the holder of a ,north ,thompson ,divide ,lease for legal fees or related expenses for legal work with respect to a ,north ,thompson ,divide ,lease4 7d7 ,cancellation ,the ,north ,thompson ,divide ,leases1 on relinquishment and without further action by the ,secretary1 shall-- 7#a7 be permanently cancelled2 and 7#b7 not be reissued4 7e7 ,conditions 7#a7 ,applicable law ,except as otherwise provided in this section1 the exchange under this section shall be conducted in accordance with-- 7,a7 this ,act2 and 7,b7 other applicable laws 7including regulations74 7#b7 ,acceptance of credits ,the ,secretary shall accept credits issued under subsection 7a7 in the same manner as cash for the payments described in that subsection4 7#c7 ,applicability ,the use of the credits issued under subsection 7a7 shall be subject to the laws 7including regulations7 applicable to the payments described in that subsection1 to the extent the laws are consistent with this section4 7#d7 ,treatment of credits ,all amounts in the form of credits issued under subsection 7a7 accepted by the ,secretary shall be considered to be amounts received for the purposes of-- 7,a7 section #ce of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia72 and 7,b7 section #bj of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajai74 #f4 ,south ,thompson ,divide ,lease exchange 7a7 ,in general ,except as provided in subsection 7b71 in exchange for the relinquishment by a leaseholder of all ,south ,thompson ,divide ,leases of the leaseholder1 the ,secretary may issue to the leaseholder credits for bid1 royalty1 or rental payments due under ,federal oil and gas leases on ,federal land in the ,state4 7b7 ,exception ,if a ,south ,thompson ,divide ,lease has been cancelled by the ,secretary before the date of enactment of this ,act and the holder of the cancelled lease has been compensated for the cancelled lease1 the ,secretary may not issue credits for bid1 royalty1 or rental payments for the cancelled lease under subsection 7a74 7c7 ,amount of credit 7#a7 ,in general ,the amount of the credits issued to the holder of any ,south ,thompson ,divide ,leases relinquished under subsection 7a7 shall-- 7,a7 be equal to the sum of-- 7i7 the amount of the bonus bids paid for the applicable ,south ,thompson ,divide ,leases2 7ii7 the amount of any rental paid for the applicable ,south ,thompson ,divide ,leases as of the date on which the holder of the applicable ,south ,thompson ,divide ,leases notifies the ,secretary of the decision to relinquish the applicable ,south ,thompson ,divide ,leases2 7iii7 the amount of any expenses incurred by the holder of the applicable ,south ,thompson ,divide ,leases in the preparation of drilling permits1 sundry notices1 or other related submissions in furtherance of the development of the applicable ,south ,thompson ,divide ,leases as of ,july #bi1 #bjaf1 including any expenses related to the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7iv7 the amount of any expenses incurred by the holder of the applicable ,south ,thompson ,divide ,leases in the purchasing of rights and the preparation of drilling permits1 sundry notices1 or other related submissions in furtherance of the development of the ,wolf ,creek ,storage ,field development rights2 and 7,b7 require the approval of the ,secretary4 7#b7 ,exclusion ,the amount of a credit issued under subsection 7a7 shall not include any expenses paid by the holder of a ,south ,thompson ,divide ,lease for legal fees or related expenses for legal work with respect to a ,south ,thompson ,divide ,lease4 7d7 ,cancellation ,the ,south ,thompson ,divide ,leases1 on relinquishment and without further action by the ,secretary1 shall-- 7#a7 be permanently cancelled2 and 7#b7 not be reissued4 7e7 ,conditions 7#a7 ,applicable law ,except as otherwise provided in this section1 the exchange under this section shall be conducted in accordance with-- 7,a7 this ,act2 and 7,b7 other applicable laws 7including regulations74 7#b7 ,acceptance of credits ,the ,secretary shall accept credits issued under subsection 7a7 in the same manner as cash for the payments described in that subsection4 7#c7 ,applicability ,the use of the credits issued under subsection 7a7 shall be subject to the laws 7including regulations7 applicable to the payments described in that subsection1 to the extent the laws are consistent with this section4 7#d7 ,treatment of credits ,all amounts in the form of credits issued under subsection 7a7 accepted by the ,secretary shall be considered to be amounts received for the purposes of-- 7,a7 section #ce of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia72 and 7,b7 section #bj of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajai74 7f7 ,wolf creek storage field development rights 7#a7 ,conveyance to secretary ,as a condition precedent to the relinquishment of the ,south ,thompson ,divide ,leases1 a leaseholder shall permanently relinquish1 transfer1 and otherwise convey to the ,secretary1 in a form acceptable to the ,secretary1 all ,wolf ,creek ,storage ,field development rights of the leaseholder4 7#b7 ,limitation of transfer ,any interest acquired by the ,secretary under paragraph 7#a7 shall be held in perpetuity and not transferred1 reissued1 or otherwise used for mineral extraction4 #g4 ,methane leasing in the ,lower ,north ,fork ,valley 7a7 ,inventory ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall complete1 or shall collaborate with agencies of the ,state or with institutions of higher education in the ,state to complete1 an inventory of all significant emissions of methane in the ,north ,fork ,valley1 ,colorado1 including methane emissions from active1 inactive1 and abandoned coal mines4 7b7 ,leasing program 7#a7 ,in general ,not later than #a year after the date of completion of the inventory required under subsection 7a71 the ,secretary shall carry out1 to the extent permissible under applicable law1 a program to offer for lease ,federal methane from active1 inactive1 and abandoned coal mines1 subject to valid existing rights4 7#b7 ,conditions ,the program carried out under paragraph 7#a7 shall-- 7,a7 only include methane that can be collected and transported in a manner that does not-- 7i7 endanger the safety of coal mine workers2 or 7ii7 unreasonably interfere with ongoing operations at coal mines2 and 7,b7 provide for the owners or operators of mines with leases that overlap potential methane leases under the program carried out under paragraph 7#a7 to elect to remove the areas from potential methane leasing under the program if the owners or operators determine that the conditions described in subparagraph 7,a7 are not met4 7c7 ,coal mine methane electrical power generation demonstration program 7#a7 ,in general ,not later than #b years after the date of completion of the inventory required under subsection 7a71 the ,secretary shall enter into discussions with the eligible entities described in paragraph 7#b7 to develop a program to facilitate the sale and delivery of methane that is subject to subsection 7b71 but which has not been leased under that subsection1 to one or more of the eligible entities to demonstrate the feasibility1 cost-effectiveness1 and environmental benefits of producing electrical power from methane from coal mines4 7#b7 ,description of eligible entity ,an eligible entity referred to in paragraph 7#a7 is a rural electric utility1 energy cooperative1 or municipal utility with service area boundaries within #ajj miles of ,paonia1 ,colorado4 7#c7 ,establishment of pricing ,in facilitating the delivery of methane under paragraph 7#a71 the ,secretary shall establish pricing for the sale and delivery of methane that is sufficient to reimburse all costs to the ,secretary for the implementation and management of the demonstration program developed under that paragraph4 7#d7 ,contracts ,the ,secretary may contract with the ,state or one or more institutions of higher education in the ,state to provide services to the eligible entities described in paragraph 7#b7 to facilitate the program developed under paragraph 7#a71 with all related costs to be included in the pricing established under paragraph 7#c74 #h4 ,effect ,unless expressly provided in this ,act1 nothing in this ,act-- 7#a7 expands1 diminishes1 or impairs any valid existing mineral leases1 mineral interest1 or other property rights wholly or partially within the ,thompson ,divide ,withdrawal and ,protection ,area1 including access to the leases1 rights1 or land in accordance with applicable ,federal1 ,state1 and local laws 7including regulations72 7#b7 prevents the capture of methane from active1 inactive1 or abandoned coal mines covered by this ,act1 in accordance with applicable law2 or 7#c7 prevents access to1 or the development of1 any new or existing coal mine or lease in ,delta or ,gunnison ,county1 ,colorado4