Sec. 305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program
1,493 words·~7 min read·
/bill/118/s/1634/is/section-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established in the Bureau of Land Management a pilot program, to be known as the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program . The purpose of the pilot program is to promote the capture, beneficial use, mitigation, and sequestration of fugitive methane emissions— to reduce methane emissions; to promote economic development; to improve air quality; and to improve public safety. Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a plan— to complete an inventory of fugitive methane emissions in accordance with subsection (b); to provide for the leasing of fugitive methane emissions in accordance with subsection (c); and to provide for the capping or destruction of fugitive methane emissions in accordance with subsection (d).
In developing the plan under this paragraph, the Secretary shall coordinate with— the State; Garfield, Gunnison, Delta, and Pitkin Counties in the State; lessees of Federal coal within the counties referred to in clause (ii); interested institutions of higher education in the State; and interested members of the public. Not later than 2 years after the date of enactment of this Act, the Secretary shall complete an inventory of fugitive methane emissions. The Secretary may conduct the inventory under paragraph
(1)through, or in collaboration with— the Bureau of Land Management; the United States Geological Survey; the Environmental Protection Agency; the United States Forest Service; State departments or agencies; Garfield, Gunnison, Delta, or Pitkin County in the State; the Garfield County Federal Mineral Lease District; institutions of higher education in the State; lessees of Federal coal within a county referred to in subparagraph (F); the National Oceanic and Atmospheric Administration; the National Center for Atmospheric Research; or other interested entities, including members of the public. In conducting the inventory under paragraph
(1)for Federal minerals on split estate land, the Secretary shall rely on available data. Nothing in this section requires or authorizes the Secretary to enter or access private land to conduct the inventory under paragraph (1). The inventory conducted under paragraph
(1)shall include— the general location and geographic coordinates of vents, seeps, or other sources producing significant fugitive methane emissions; an estimate of the volume and concentration of fugitive methane emissions from each source of significant fugitive methane emissions, including details of measurements taken and the basis for that emissions estimate; relevant data and other information available from— the Environmental Protection Agency; the Mine Safety and Health Administration; the Colorado Department of Natural Resources; the Colorado Public Utility Commission; the Colorado Department of Health and Environment; and the Office of Surface Mining Reclamation and Enforcement; and such other information as may be useful in advancing the purposes of the pilot program. The Secretary shall, as appropriate, provide opportunities for public participation in the conduct of the inventory under paragraph (1). The Secretary shall make the inventory conducted under paragraph
(1)publicly available. Nothing in this subsection requires the Secretary to publicly release information that— poses a threat to public safety; is confidential business information; or is otherwise protected from public disclosure. For the purposes of conducting the inventory under paragraph (1), for land subject to a Federal coal lease, the Secretary shall use readily available methane emissions data. Nothing in this section requires the holder of a Federal coal lease to report additional data or information to the Secretary. The Secretary shall use the inventory conducted under paragraph
(1)in carrying out— the leasing program under subsection (c); and the capping or destruction of fugitive methane emissions under subsection (d). Subject to valid existing rights and in accordance with this section, not later than 1 year after the date of completion of the inventory required under subsection (b), the Secretary shall carry out a program to encourage the use and destruction of fugitive methane emissions. The Secretary shall authorize the holder of a valid existing Federal coal lease for a mine that is producing fugitive methane emissions to capture for use or destroy the fugitive methane emissions. The authority under subparagraph
(A)shall be subject to— valid existing rights; and such terms and conditions as the Secretary may require. The program carried out under paragraph
(1)shall only include fugitive methane emissions that can be captured for use or destroyed in a manner that does not— endanger the safety of any coal mine worker; or unreasonably interfere with any ongoing operation at a coal mine. The Secretary shall work cooperatively with the holders of valid existing Federal coal leases for mines that produce fugitive methane emissions to encourage— the capture of fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, or transforming the fugitive methane emissions into a different marketable material; or if the beneficial use of the fugitive methane emissions is not feasible, the destruction of the fugitive methane emissions. In support of cooperative efforts with holders of valid existing Federal coal leases to capture for use or destroy fugitive methane emissions, not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance to the public for the implementation of authorities and programs to encourage the capture for use and destruction of fugitive methane emissions, while minimizing impacts on natural resources or other public interest values. The Secretary shall determine whether any fugitive methane emissions used or destroyed pursuant to this paragraph are subject to the payment of a royalty under applicable law. Except as otherwise provided in this section, notwithstanding section 303 and subject to valid existing rights and any other applicable law, the Secretary shall, for land not subject to a Federal coal lease— authorize the capture for use or destruction of fugitive methane emissions; and make available for leasing such fugitive methane emissions as the Secretary determines to be in the public interest. To the extent practicable, the Secretary shall offer for lease, individually or in combination, each significant source of fugitive methane emissions on land not subject to a Federal coal lease. A bid to lease fugitive methane emissions under this paragraph shall specify whether the prospective lessee intends— to capture the fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, or transforming the fugitive methane emissions into a different marketable material; to destroy the fugitive methane emissions; or to employ a specific combination of— capturing the fugitive methane emissions for beneficial use; and destroying the fugitive methane emissions. If there is more than 1 qualified bid for a lease under this paragraph, the Secretary shall select the bid that the Secretary determines is likely to most significantly advance the public interest. In determining the public interest under clause (i), the Secretary shall take into consideration— the overall decrease in the fugitive methane emissions; the impacts to other natural resource values, including wildlife, water, and air; and other public interest values, including scenic, economic, recreation, and cultural values. The Secretary shall develop and provide to prospective bidders a lease form for leases issued under this paragraph. The lease form developed under clause
(i)shall include terms and conditions requiring the leased fugitive methane emissions to be put to beneficial use or destroyed by not later than 3 years after the date of issuance of the lease. The Secretary shall develop a minimum bid, as the Secretary determines to be necessary, and royalty rate for leases under this paragraph. If, by not later than 4 years after the date of completion of the inventory under subsection (b), any significant fugitive methane emissions are not leased under subsection (c)(3), the Secretary shall, subject to the availability of appropriations and in accordance with applicable law, take all reasonable measures— to provide incentives for new leases under subsection (c)(3); to cap those fugitive methane emissions at the source in any case in which the cap will result in the long-term sequestration of all or a significant portion of the fugitive methane emissions; or to destroy the fugitive methane emissions, if incentivizing leases under paragraph
(1)or sequestration under paragraph
(2)is not feasible, with priority for locations that destroy the greatest quantity of fugitive methane emissions at the lowest cost. Not later than 4 years after the date of enactment of this Act the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report detailing— the economic and environmental impacts of the pilot program, including information on increased royalties and estimates of avoided greenhouse gas emissions; and any recommendations of the Secretary on whether the pilot program could be expanded to include— other significant sources of emissions of fugitive methane located outside the boundaries of the area depicted as Fugitive Coal Mine Methane Use Pilot Program Area on the pilot program map; and the leasing of natural methane seeps under the activities authorized pursuant to subsection (c)(3).