[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2402 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2402

 To authorize the Secretary of the Interior to retire coal preference 
     right lease applications for which the Secretary has made an 
affirmative commercial quantities determination, to substitute certain 
     land selections of the Navajo Nation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2017

Mr. Ben Ray Lujan of New Mexico (for himself, Ms. Cheney, Mr. Lamborn, 
  Mr. Tipton, Mr. O'Halleran, and Mr. Comer) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of the Interior to retire coal preference 
     right lease applications for which the Secretary has made an 
affirmative commercial quantities determination, to substitute certain 
     land selections of the Navajo Nation, and for other purposes.

    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 ``San Juan County Settlement 
Implementation Act''.

SEC. 2. EXCHANGE OF COAL PREFERENCE RIGHT LEASE APPLICATIONS.

    (a) Definitions.--In this section:
            (1) Bidding right.--The term ``bidding right'' means an 
        appropriate legal instrument or other written documentation, 
        including an entry in an account managed by the Secretary, 
        issued or created under subpart 3435 of title 43, Code of 
        Federal Regulations, that may be used--
                    (A) in lieu of a monetary payment for 50 percent of 
                a bonus bid for a coal lease sale under the Mineral 
                Leasing Act (30 U.S.C. 181 et seq.); or
                    (B) as a monetary credit against 50 percent of any 
                rental or royalty payments due under any Federal coal 
                lease.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Use of Bidding Right.--
            (1) In general.--If the Secretary retires a coal preference 
        right lease application under the Mineral Leasing Act (30 
        U.S.C. 181 et seq.) by issuing a bidding right in exchange for 
        the relinquishment of the coal preference right lease 
        application, the bidding right subsequently may be used in lieu 
        of 50 percent of the amount owed for any monetary payment of--
                    (A) a bonus in a coal lease sale; or
                    (B) rental or royalty under a Federal coal lease.
            (2) Payment calculation.--
                    (A) In general.--The Secretary shall calculate a 
                payment of amounts owed to a relevant State under 
                section 35(a) of the Mineral Leasing Act (30 U.S.C. 
                191(a)) based on the combined value of the bidding 
                rights and amounts received.
                    (B) Amounts received.--Except as provided in this 
                subsection, for purposes of calculating the payment of 
                amounts owed to a relevant State under subparagraph (A) 
                only, a bidding right shall be considered amounts 
                received.
    (c) Source of Payments.--The Secretary shall make payments to the 
relevant State under subsection (b) from monetary payments received by 
the Secretary when bidding rights are exercised under this Act.
    (d) Treatment of Payments.--A payment to a State under this section 
shall be treated as a payment under section 35(a) of the Mineral 
Leasing Act (30 U.S.C. 191(a)).
    (e) Transferability; Limitation.--
            (1) Transferability.--A bidding right issued for a coal 
        preference right lease application under the Mineral Leasing 
        Act (30 U.S.C. 181 et seq.) shall be fully transferable to any 
        other person.
            (2) Notification of secretary.--A person who transfers a 
        bidding right shall notify the Secretary of the transfer by any 
        method determined to be appropriate by the Secretary.
            (3) Effective period.--
                    (A) In general.--A bidding right issued under the 
                Mineral Leasing Act (30 U.S.C. 181 et seq.) shall 
                terminate on the expiration of the 7-year period 
                beginning on the date the bidding right is issued.
                    (B) Tolling of period.--The 7-year period described 
                in subparagraph (A) shall be tolled during any period 
                in which exercise of the bidding right is precluded by 
                temporary injunctive relief granted under, or 
                administrative, legislative, or judicial suspension of, 
                the Federal coal leasing program.
    (f) Deadline.--If an existing settlement of a coal preference right 
lease application has not been implemented as of the date of enactment 
of this Act, not later than 180 days after that date of enactment, the 
Secretary shall complete the bidding rights valuation process in 
accordance with the terms of the settlement.

SEC. 3. CERTAIN LAND SELECTIONS OF THE NAVAJO NATION.

    (a) Cancellation of Certain Selections.--The land selections made 
by the Navajo Nation pursuant to Public Law 93-531 (commonly known as 
the ``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d et 
seq.) that are depicted on the map entitled ``Navajo-Hopi Land 
Settlement Act Selected Lands'' and dated April 2, 2015, are cancelled.
    (b) Authorization for New Selection.--
            (1) In general.--Subject to paragraphs (2), (3), and (4) 
        and subsection (c), the Navajo Nation may make new land 
        selections in accordance with the Act referred to in subsection 
        (a) to replace the land selections cancelled under that 
        subsection.
            (2) Acreage cap.--The total acreage of land selected under 
        paragraph (1) shall not exceed 15,000 acres of land.
            (3) Exclusions.--The following land shall not be eligible 
        for selection under paragraph (1):
                    (A) Land within a unit of the National Landscape 
                Conservation System.
                    (B) Land within--
                            (i) the Glade Run Recreation Area;
                            (ii) the Fossil Forest Research Natural 
                        Area; or
                            (iii) a special management area or area of 
                        critical environmental concern identified in a 
                        land use plan developed under section 202 of 
                        the Federal Land Policy and Management Act of 
                        1976 (43 U.S.C. 1712) that is in effect on the 
                        date of enactment of this Act.
                    (C) Any land subject to a lease or contract under 
                the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
                Act of July 31, 1947 (commonly known as the ``Materials 
                Act of 1947'') (30 U.S.C. 601 et seq.), as of the date 
                of the selection.
            (4) Deadline.--Not later than 7 years after the date of 
        enactment of this Act, the Navajo Nation shall make all 
        selections under paragraph (1).
            (5) Withdrawal.--Any land selected by the Navajo Nation 
        under paragraph (1) shall be withdrawn from disposal, leasing, 
        and development until the date on which the selected land is 
        placed into trust for the Navajo Nation.
    (c) Equal Value.--
            (1) In general.--Notwithstanding the acreage limitation in 
        the second proviso of section 11(c) of Public Law 93-531 
        (commonly known as the ``Navajo-Hopi Land Settlement Act of 
        1974'') (25 U.S.C. 640d-10(c)) and subject to subsection 
        (b)(2), the value of the land selected under subsection (b)(1) 
        and the land subject to selections cancellation under 
        subsection (a) shall be equal, based on appraisals conducted 
        under paragraph (2).
            (2) Appraisals.--
                    (A) In general.--The value of the land selected 
                under subsection (b)(1) and the land subject to 
                selections cancelled under subsection (a) shall be 
                determined by appraisals conducted in accordance with--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisitions; and
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice.
                    (B) Timing.--
                            (i) Land subject to selections cancelled.--
                        Not later than 18 months after the date of 
                        enactment of this Act, the appraisal under 
                        subparagraph (A) of the land subject to 
                        selections cancelled under subsection (a) shall 
                        be completed.
                            (ii) New selections.--The appraisals under 
                        subparagraph (A) of the land selected under 
                        subsection (b)(1) shall be completed as the 
                        Navajo Nation finalizes those land selections.
    (d) Boundary.--For purposes of this section and the Act referred to 
in subsection (a), the present boundary of the Navajo Reservation is 
depicted on the map entitled ``Navajo Nation Boundary'' and dated 
November 16, 2015.
                                 <all>