[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1857 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1857

 To provide for a conveyance of certain Navajo Nation lands located in 
 northwestern New Mexico and to resolve conflicts among the members of 
      such Nation who hold interests in allotments on such lands.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 1999

 Mr. Domenici introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide for a conveyance of certain Navajo Nation lands located in 
 northwestern New Mexico and to resolve conflicts among the members of 
      such Nation who hold interests in allotments on such lands.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bisti PRLA Dispute Resolution Act''.

SEC. 2. PURPOSES.

    It is the purpose of this Act to--
            (1) resolve a conflict among the Navajo Nation, the Bureau 
        of Land Management and a coal preference right lease applicant 
        that is preventing the conveyance of certain public land 
        selected by the Navajo Nation in 1981 in northwestern New 
        Mexico under section 11 of Public Law 93-531 (25 U.S.C. 640d-
        10);
            (2) permit the Navajo Nation to use the selected lands 
        described in paragraph (1) in the manner provided for in 
        subsection (h) of such section 11 (25 U.S.C. 640d-10(h)), 
        either as the site of relocation of Navajo families residing on 
        Hopi-partitioned lands in Arizona, or as the site of commercial 
        use and development to generate revenue for the benefit of 
        those relocatees;
            (3) resolve a conflict among members of the Navajo Nation 
        who hold interests in allotments on such lands, the Bureau of 
        Land Management and a coal preference right lease applicant 
        that was the subject of litigation in the United States 
        District Court for the District of New Mexico in Mescal. et al. 
        v. United States et al. (Civil No. 83-1408 LH/WWH), consistent 
        with the provisions of the settlement agreement of October 1, 
        1996 among the parties by which the case was resolved;
            (4) resolve conflicts over the management of public lands 
        that have evaded resolution since shortly after coal 
        prospecting permits were first issued in 1967; and
            (5) resolve such conflicts in a manner that--
                    (A) does not violate a coal lease applicant's valid 
                existing rights as protected by section 2(b) of the Act 
                of February 25, 1920 (commonly known as the Mineral 
                Leasing Act (30 U.S.C. 201(b))) and related laws; and
                    (B) recognizes the reasonable value of such rights 
                as established by discounted cash flow appraisal 
                methods during the adjudication of the coal preference 
                right lease applications.

SEC. 3. EXCHANGE AUTHORIZATION AND DIRECTION.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of the Interior, acting through the Bureau of Land 
Management, shall, upon the relinquishment by the holder or holders 
thereof of coal preference right lease applications captioned NMNM 
3752, NMNM 3753, NMNM 3754, NMNM 3755, NMNM 3835, NMNM 3837, NMNM 3918, 
NMNM 3919, NMNM 6802, NMNM 7235 and NMNM 8745, issue to each such 
holder or holders a Certificate of Bidding Rights (in such form and 
manner as provided for under regulations promulgated by the Secretary 
under the coal leasing provisions of the Act of February 25, 1920 
(commonly known as the Mineral Leasing Act (30 U.S.C. 181 et seq.))) 
that constitutes the fair market value, as determined under section 4, 
of the relinquished coal preference right lease application involved. 
Such relinquishment shall be effective upon issuance of the Certificate 
of Bidding Rights.
    (b) No Adjudication.--The relinquishments and issuances required 
under subsection (a) shall occur without any further adjudication of 
the coal preference right lease applications by the Secretary of the 
Interior.

SEC. 4. METHOD FOR DETERMINING FAIR MARKET VALUE.

    (a) In General.--Notwithstanding any other provision of law, the 
provisions of this section shall apply to the issuance of a Certificate 
of Bidding Rights under section 3.
    (b) Issuance.--Not later than 90 days after the date on which fair 
market value is determined under subsection (c) with respect to a 
preference right lease application to which this section applies, the 
Secretary of the Interior shall issue a Certificate of Bidding Rights 
for such application and notify Congress of such action.
    (c) Fair Market Value.--
            (1) In general.--The fair market value of a preference 
        right lease application to which this section applies shall be 
        determined by the Secretary of the Interior based on the 
recommendations of a panel appointed under paragraph (2).
            (2) Panel.--A panel under this paragraph shall be composed 
        of 4 representatives--
                    (A) one representative to be appointed by the 
                Secretary of the Interior;
                    (B) one representative to be appointed by the 
                holder of the preference right lease application 
                involved;
                    (C) one representative to be appointed by the chief 
                executive officer of Wyoming; and
                    (D) one representative to be appointed by the chief 
                executive officer of New Mexico.
            (3) Evidence.--Evidence of the fair market value of a 
        preference right lease application that may be considered by a 
        panel under this subsection shall be evidence of the same 
        nature as the evidence that is considered by the Bureau of Land 
        Management in determining whether a holder of a preference 
        right lease application has met the legal test established in 
        regulations promulgated by the Secretary of the Interior for 
        determining whether the holder has made a valuable discovery of 
        coal in commercial quantities.
            (4) Supplemental information.--In determining the fair 
        market value of a coal reserve for purposes of paragraph (3), 
        the panel may supplement information derived under such 
        paragraph with testimony from witnesses or by affidavit, as the 
        panel determines appropriate.

SEC. 5. ISSUANCE OF PATENTS TO RELINQUISHED PREFERENCE RIGHT LEASE 
              APPLICATIONS.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of the Interior, acting through the Bureau of Land 
Management, shall--
            (1) not later than July 15, 2000, verify the selections of 
        lands made by the Navajo Nation pursuant to section 11 of 
        Public Law 93-531 (25 U.S.C. 640d-10); and
            (2) not later than 30 days after the relinquishment and 
        issuance of bidding rights under section 3, issue patents to 
        the Navajo Nation as provided for by law.
    (b) Enforcement.--The duties imposed on the Secretary of the 
Interior under this section shall be considered nondiscretionary and 
enforceable in a mandamus proceeding brought under section 1361 of 
title 28, United States Code.

SEC. 6. USE OF EXCHANGE BIDDING RIGHTS.

    (a) In General.--Notwithstanding any other provision of law--
            (1) a Certificate of Bidding Rights issued by the Secretary 
        of the Interior under section 3 shall, subject to such 
        procedures as the Secretary may establish pertaining to notice 
        of transfer and accountings of holders and their balances, be 
        transferable by the holder or holders thereof in whole or in 
        part;
            (2) a Certificate of Bidding Rights issued by the Secretary 
        of the Interior under section 3 shall constitute a monetary 
        credit that, subject to paragraph (3), may be applied, at the 
        election of the holder or holders thereof, against rentals, 
        advance royalties, or production royalties payable to the 
        Secretary under Federal coal leases, as well as against bonus 
        payments payable to the Secretary in the issuance of a Federal 
        coal lease or Federal coal lease modification under the coal 
        leasing provisions of the Act of February 25, 1920 (commonly 
        known as the Mineral Leasing Act (30 U.S.C. 181 et seq.)); and
            (3) whenever any Certificate of Bidding Rights issued by 
        the Secretary of the Interior under section 3 is applied by the 
        holder or holders thereof as a monetary credit against a 
        payment obligation under a Federal coal lease, the holder or 
        holders may apply such bidding rights only against 50 percent 
        of the amount payable under such lease, and shall pay the 
        remaining 50 percent as provided for under the lease in cash or 
        its equivalent.
    (b) Payment Under Lease Obligations.--Any payment of a Federal coal 
lease obligation by the holder or holders of a Certificate of Bidding 
Rights issued by the Secretary of the Interior under section 3 shall be 
treated as money received under section 35 of the Act of February 25, 
1920 (commonly known as the Mineral Leasing Act (30 U.S.C. 191)), but 
shall only be credited and redistributed by the Secretary as follows:
            (1) Fifty percent of the amount paid in cash or its 
        equivalent shall be fully redistributed to the State in which 
        the lease is located and be treated as a 50 percent 
        redistribution under such section 35.
            (2) Fifty percent of the amount paid through a crediting of 
        the bidding rights involved shall be treated as a payment that 
        is subject to redistribution under such section 35 to the 
        Reclamation and Miscellaneous Receipts accounts in the 
        Treasury.
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