[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 436 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 532
115th CONGRESS
  2d 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

                             July 30, 2018

               Reported by Ms. Murkowski, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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.
<DELETED>    (f) Deadline.--If an existing settlement of a 
coal</DELETED>
    (f) Deadline.--
            (1) In general.--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.
            (2) Date of valuation.--For purposes of the valuation 
        process under paragraph (1), the market price of coal shall be 
        determined as of the date 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.
                    (D) Land identified as ``Parcels Excluded from 
                Selection'' on the map entitled ``Parcels excluded for 
                selection under the San Juan County Settlement 
                Implementation Act'' and dated May 11, 2018.
            (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).

SEC. 6. MAINTENANCE OF ROAD.

    The Secretary of the Interior, acting through the Director of the 
Bureau of Indian Affairs, shall ensure that BIA Route 54 between I-40 
and Alamo, New Mexico, is maintained in a condition that is safe for 
motorized use.
                                                       Calendar No. 532

115th CONGRESS

  2d Session

                                 S. 436

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 30, 2018

                        Reported with amendments