[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 436 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 436
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, to designate certain wilderness
areas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2017
Mr. Heinrich (for himself and Mr. Udall) introduced the following bill;
which was read twice and referred to the Committee on Energy and
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, to designate certain wilderness
areas, 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.
SEC. 4. DESIGNATION OF AH-SHI-SLE-PAH WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 7,242 acres of land as generally
depicted on the map entitled ``San Juan County Wilderness
Designations'' and dated April 2, 2015, is designated as wilderness and
as a component of the National Wilderness Preservation System, which
shall be known as the ``Ah-shi-sle-pah Wilderness'' (referred to in
this section as the ``Wilderness'').
(b) Management.--
(1) In general.--Subject to valid existing rights, the
Wilderness shall be administered by the Director of the Bureau
of Land Management in accordance with this section and the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date of enactment of
this Act.
(2) Adjacent management.--
(A) In general.--Congress does not intend for the
designation of the Wilderness to create a protective
perimeter or buffer zone around the Wilderness.
(B) Nonwilderness activities.--The fact that
nonwilderness activities or uses can be seen or heard
from areas within the Wilderness shall not preclude the
conduct of the activities or uses outside the boundary
of the Wilderness.
(3) Incorporation of acquired land and interests in land.--
Any land or interest in land that is within the boundary of the
Wilderness that is acquired by the United States shall--
(A) become part of the Wilderness; and
(B) be managed in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.);
(ii) this section; and
(iii) any other applicable laws.
(4) Grazing.--Grazing of livestock in the Wilderness, where
established before the date of enactment of this Act, shall be
allowed to continue in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)); and
(B) the guidelines set forth in the report of the
Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(c) Release of Wilderness Study Areas.--Congress finds that, for
the purposes of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Ah-shi-
sle-pah Wilderness Study Area not designated as wilderness by this
section has been adequately studied for wilderness designation and is
no longer subject to section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)).
SEC. 5. EXPANSION OF BISTI/DE-NA-ZIN WILDERNESS.
(a) In General.--There is designated as wilderness and as a
component of the National Wilderness Preservation System certain
Federal land comprising approximately 2,250 acres, as generally
depicted on the map entitled ``San Juan County Wilderness
Designations'' and dated April 2, 2015, which is incorporated in and
shall be considered to be a part of the Bisti/De-Na-Zin Wilderness.
(b) Administration.--Subject to valid existing rights, the land
designated as wilderness by subsection (a) shall be administered by the
Director of the Bureau of Land Management (referred to in this section
as the ``Director''), in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.), except
that any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) the San Juan Basin Wilderness Protection Act of 1984
(Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211).
(c) Adjacent Management.--
(1) In general.--Congress does not intend for the
designation of the land as wilderness by subsection (a) to
create a protective perimeter or buffer zone around that land.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within the
land designated as wilderness by subsection (a) shall not
preclude the conduct of the activities or uses outside the
boundary of that land.
(d) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land that is within the boundary of the land designated
as wilderness by subsection (a) that is acquired by the United States
shall--
(1) become part of the Bisti/De-Na-Zin Wilderness; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) the San Juan Basin Wilderness Protection Act of
1984 (Public Law 98-603; 98 Stat. 3155; 110 Stat.
4211);
(C) this section; and
(D) any other applicable laws.
(e) Grazing.--Grazing of livestock in the land designated as
wilderness by subsection (a), where established before the date of
enactment of this Act, shall be allowed to continue in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in the report of the Committee
on Interior and Insular Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
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