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IBLA 2007-213 <br />covers Federal lands, UA1? was obligated, by law to prepare, for approval by BLM, a <br />Resource Recovery and Protection Plan (R2P2)' pursuant to BLM regulations at <br />43 C.F.R. § 348211. See also 43 U.S.C. §-2202a(2000); 43 C.F:R. § 3487.1 <br />(applications for approval of logical mining units (LNMs)), UAB must conduct irs <br />operations in accordance with its R2P2,.and any LMU approval, neither of which is <br />present in the record, <br />The old adage of the canary in the coal mine establishes well enough what is <br />commonly known to be true, that coal mining releases methane. During the 1980s, <br />as a result of technological advances, oil and gas companies developed the ability to <br />produce coalbed methane economically. Burlington Northern Resources Oil & Gras <br />Company, 153 IBLA 45, 49 (2000). The advent of this technology and the Supreme <br />Court's decision regarding the ownership of coalbed methane gas deposits, Amoco v. <br />Southern Ute Indian Tribe, 526 U.S. 865, generated conflicts between oil and gas <br />lessees and coal lessees on the same public lands. Coalbed methane deposits. on <br />Federal lands are undoubtedly leased puxsuant to MLA oil and gas leases and not coal <br />leases. E.g., Powder River Basin Resource Council, 120 IBLA 47, 49 (1991). <br />Consequently, BLM and the Department issued various Instruction Memoranda and <br />policy statements on the topic, E.g., Feb. 5, 1991, Memorandum from Associate <br />Solicitor, Division of Energy and Resources, to Director, BLM, "Use of Compensatory <br />Royalty Agreements Rather than. Competitive Leasing for Future Interest Oil and Gas <br />Lands with Producing Wells'; Feb. 22, 2000, Instruction Memorandum No. (IM) <br />2000-081, "Policy on Conflicts between Coal Bed Methane (CBMI) and Coal <br />Development"; Aug. 21, 2003, lM 2003-253, "Policy and Guidance on Conflicts <br />Between Coalbed Natural Gas (CBNG) and Surface Coal Mine Development in the <br />Powder River Basin." <br />Considering the policy guidance of IM 2000-081 regarding conflicts between <br />lessees of coal and lessees of oil and gas, the Deputy State Director, Natural <br />Resources, Utah State Office, BLM, issued a "Policy for Oil and Gas Leasing on Lands <br />Presently Being Developed for Underground Coal," on March 23, 2001. This <br />document pertained to public lands managed by the Utah State Office and states: <br />(Elxisting policy for oil and gas leasing on lands presently being <br />developed for coal needs to be documented. We have, determined that <br />so oil and gas leases will not be offered over coal lands contained within <br />the mine permit areas for misting coal mines or within coal lease tracts <br />expected to be developed within the next ten years. <br />Mar. 23, 2001, Deputy State Director Policy Memorandum (emphasis added). <br />Cens steat With Ilia po'HcZ ihe,publie:lat ids subject to coal leases authoriti tg <br />development:of the AberdeezO ne..are`wt leased for oil and gds. <br />175 IBLA 10 <br />z/£? 'd £££t 'ON _ M_ viol ? 0=n Al&i : Z l 810110Z '?Z INV