1.
This Act may be cited as the
Bisti PRLA Dispute Resolution
Act
.
2.
Withdrawal of coal preference right lease applications
(a)
Notwithstanding any other
provision of law, if any of the 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NMNM 3918, NMNM 3919, NMNM 6802, NMNM 7235, and NMNM 8745 are withdrawn by the
holder or holders of the applications, the Secretary of the Interior, acting
through the Bureau of Land Management (referred to in this Act as the
Secretary), shall issue under section 4(a)(2) 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 Mineral Leasing
Act (30 U.S.C. 181 et seq.)) that constitutes the combined fair market value,
as determined under section 3, of the coal reserves for each coal preference
right lease application withdrawn by the holder.
(b)
The relinquishment of all rights associated with the coal
preference lease applications withdrawn shall be effective on the date of the
issuance of the certificate of bidding rights under section 4(a)(2).
(c)
The withdrawals and issuances required under subsection (a) shall
occur without any further adjudication of coal preference right lease
applications by the Secretary.
3.
Method for determining fair market value
(a)
Notwithstanding any other provision of law, this section shall
apply to the issuance of a certificate of bidding rights under section
4(a)(2).
(b)
(1)
The fair market value of the coal reserves of any coal preference
right lease application withdrawn under section 2(a) shall be determined by the
panel established under paragraph (2).
(2)
(A)
Not later than 30 days after the date of enactment of this Act,
the Secretary shall establish a panel to determine the fair market value of the
coal reserves of any coal preference right lease applications withdrawn under
section 2(a).
(B)
The panel shall be composed of 3 representatives, of whom—
(i)
1 representative shall be appointed by the Secretary;
(ii)
1 representative shall be appointed by the holder of the
preference right lease application; and
(iii)
1 representative shall be appointed by the Governor of the State
of New Mexico.
(3)
The Secretary shall contract with a qualified coal reserve
appraiser to assist the panel established under paragraph (2)(A) in determining
the fair market value of a coal reserve.
(4)
In determining the fair market value of a coal reserve, the panel
may supplement any information provided to the panel, as the panel determines
to be appropriate.
(5)
Not later than 75 days after the date on which the panel is
established under paragraph (2)(A), the panel shall submit to the Secretary the
determination of the panel with respect to the fair market value of a coal
reserve of any coal preference right lease application withdrawn by the
holder.
4.
Issuance of bidding rights to holders of relinquished
preference right lease applications
(a)
Notwithstanding any other provision of law, not later than 120
days after the withdrawal of a coal preference right lease application, the
Secretary shall—
(1)
accept the relinquishment of
the rights associated with the coal preference right lease application;
and
(2)
issue a certificate of bidding rights in the amount of the fair
market value determined under section 3.
(b)
The duties of the Secretary under this section shall be
considered nondiscretionary and enforceable in a mandamus proceeding brought
under section 1361 of title 28, United States Code.
5.
Use of exchange bidding rights
(a)
Notwithstanding any other provision of law—
(1)
a certificate of bidding rights issued under section 4(a)(2)
shall—
(A)
be subject to such procedures as the Secretary may establish
pertaining to notice of transfer and accountings of holders and their
balances;
(B)
be transferable by the holder or holders of the certificate of
bidding rights in whole or in part; and
(C)
constitute a monetary credit that, subject to paragraph (2), may
be applied, at the election of the holder or holders of the certificate of
bidding rights, against—
(i)
rentals, advance royalties, or production royalties payable to
the Secretary under Federal coal leases; and
(ii)
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 Mineral Leasing Act (30 U.S.C. 181 et seq.); and
(2)
in a case in which a certificate of bidding rights issued under
section 4(a)(2) is applied by the holder or holders of the certificate of
bidding rights as a monetary credit against a payment obligation under a
Federal coal lease, the holder or holders—
(A)
may apply the bidding rights only against 50 percent of the
amount payable under the lease; and
(B)
shall pay the remaining 50 percent as provided for under the
lease in cash or cash 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 under section 4(a)(2)—
(1)
shall be treated as money received under section 35 of the
Mineral Leasing Act (30 U.S.C. 191); but
(2)
shall be credited and redistributed by the Secretary only as
follows:
(A)
50 percent of the amount paid in cash or its equivalent shall
be—
(i)
distributed to the State in which the lease is located;
and
(ii)
treated as a redistribution under section 35 of the Mineral
Leasing Act (30 U.S.C. 191).
(B)
50 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 that section to the Reclamation and Miscellaneous Receipts accounts in
the Treasury.