[Congressional Record Volume 162, Number 78 (Tuesday, May 17, 2016)]
[Senate]
[Pages S2879-S2880]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DAINES (for himself, Mr. Enzi, and Mr. Barrasso):
  S. 2938. A bill to direct the Secretary of the Interior to 
reestablish the Royalty Policy Committee in order to further a more 
consultative process with key Federal, State, tribal, environmental, 
and energy stakeholders, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. DAINES. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2938

       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 ``Certainty for States and 
     Tribes Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Committee.--The term ``Committee'' means the Royalty 
     Policy Committee reestablished under section 3(a).
       (2) Board.--The term ``Board'' means the State and Tribal 
     Resources Board established under section 3(c).
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. RECONSTITUTION OF THE ROYALTY POLICY.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall reestablish the 
     Royalty Policy Committee in accordance with the charter of 
     the Secretary dated March 26, 2010, except as otherwise 
     provided in this Act.
       (b) Corrections and Updates.--In reestablishing the 
     Committee, the Secretary shall make appropriate technical 
     corrections and updates to the charter of the Committee, 
     including by revising--
       (1) all references to the Minerals Management Service or 
     the Minerals Revenue Management so as to refer to the Office 
     of Natural Resources Revenue;
       (2) the estimated number and frequency of meetings of the 
     Committee so that the Committee shall meet not less 
     frequently than once each year; and
       (3) the non-Federal membership of the Committee to 
     include--
       (A) not fewer than 5 members representing Governors of 
     States that receive more than $10,000,000 annually in royalty 
     revenues from Federal leases; and
       (B) not more than 5 members representing Indian tribes that 
     are mineral-producing Indian tribes under--
       (i) the Act of May 11, 1938 (commonly known as the ``Indian 
     Mineral Leasing Act of 1938'') (25 U.S.C. 396a et seq.);
       (ii) title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 
     3501 et seq.);
       (iii) the Indian Mineral Development Act of 1982 (25 U.S.C. 
     2101 et seq.); or
       (iv) any other law relating to mineral development that is 
     specific to 1 or more Indian tribes.
       (c) Establishment of Subcommittee.--
       (1) In general.--The Secretary shall establish a 
     subcommittee of the Committee, to be known as the ``State and 
     Tribal Resources Board''.
       (2) Membership.--The Board shall be comprised of the non-
     Federal members of the Committee described in subsection 
     (b)(3).

     SEC. 4. REVIEW OF REGULATIONS AND POLICIES.

       (a) Consultation and Report.--
       (1) In general.--With respect to any proposed regulation or 
     policy relating to mineral leasing policy for Federal land or 
     Indian land for exploration, development, or production of 
     oil, gas, or coal (including valuation methodologies and 
     royalty and lease rates for oil, gas, or coal), not later 
     than 180 days after the applicable date described in 
     paragraph (2), the Committee shall--
       (A) assess the proposed regulation or policy; and
       (B) issue a report that describes the potential impact of 
     the proposed regulation or policy, including any State and 
     tribal budgetary and economic impacts described in subsection 
     (b).
       (2) Date described.--The date referred to in paragraph (1) 
     is, as applicable--
       (A) with respect to a proposed regulation or policy issued 
     on or after the date of enactment of this Act, the date of 
     the issuance by the Secretary of the proposed regulation or 
     policy; and
       (B) with respect to a proposed regulation or policy that is 
     pending as of the date of enactment of this Act, the date of 
     the enactment of this Act.
       (b) State and Tribal Impact Determination.--
       (1) In general.--To the maximum extent practicable, before 
     any proposed regulation described in subsection (a)(1) is 
     issued as a final rule, the Board shall publish a 
     determination of the impact of the regulation on school 
     funding, public safety, and other essential State or Indian 
     tribal government services.
       (2) Delay request.--If the Board determines that a 
     regulation described in paragraph (1) will have a negative 
     State or tribal budgetary or economic impact, the Board may 
     request a delay in the issuance of the proposed regulation as 
     a final rule for the purposes of further--
       (A) stakeholder consultation;
       (B) budgetary review; and
       (C) development of a proposal to mitigate the negative 
     budgetary or economic impact.
       (3) Limitation.--A delay under paragraph (2) shall not 
     exceed a 180-day period beginning on the date on which the 
     Board requested the delay.
       (c) Revision of Proposed Regulation.--
       (1) In general.--Before any proposed regulation described 
     in subsection (a)(1) may be issued as a final rule, the 
     Secretary shall take into account any negative State or 
     tribal budgetary or economic impact determined by the 
     Committee under subsection (a)(1) and revise the proposed 
     regulation to avoid the negative impact.
       (2) Final rule.--Any final regulation subject to paragraph 
     (1) shall include--
       (A) a summary of the report required under subsection 
     (a)(1)(B); and
       (B) a clear explanation of why the recommendations of that 
     report (including the State and tribal determination under 
     subsection (b)(1)) were or were not taken into account in the 
     finalization of the regulation.

[[Page S2880]]

       (d) Report to Congress.--The Secretary shall submit to the 
     Chairmen and Ranking Members of the Committee on Energy and 
     Natural Resources and the Committee on Indian Affairs of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives a report regarding the explanation under 
     subsection (c)(2)(B) of why the recommendations of the report 
     under subsection (a)(1)(B) (including the State and tribal 
     determination under subsection (b)(1)) were or were not taken 
     into account in the finalization of the regulation.

     SEC. 5. SPECIAL REVIEW OF PROGRAMMATIC ENVIRONMENTAL IMPACT 
                   STATEMENT.

       (a) Participants in Programmatic Review.--
       (1) In general.--In carrying out the programmatic review of 
     coal leasing on Federal land as described in section 4 of 
     Secretarial Order 3338, issued by the Secretary on January 
     15, 2016, and entitled ``Discretionary Programmatic 
     Environmental Impact Statement to Modernize the Federal Coal 
     Program'', the Secretary shall confer with, and take into 
     consideration the views of, representatives appointed to the 
     review board described in paragraph (2).
       (2) Review board.--Each Governor of a State in which more 
     than $10,000,000 in revenue is collected annually by the 
     United States as bonus bids, royalties, and rentals, and fees 
     for production of coal under leases of Federal land, may 
     appoint not more than 3 representatives to a review board to 
     carry out the programmatic review described in paragraph (1), 
     not fewer than 1 of whom shall be a member of the Board.
       (3) Deadline.--
       (A) In general.--The Secretary shall complete the 
     programmatic review described in paragraph (1) not later than 
     January 15, 2019.
       (B) Failure to meet deadline.--If the programmatic review 
     is not completed by the deadline described in subparagraph 
     (A), the programmatic review shall be considered to be 
     complete as of that deadline.
       (b) Termination of Other Programmatic Review.--Beginning on 
     January 16, 2019, no Federal funds may be used to carry out 
     the programmatic review described in subsection (a)(1).
       (c) No Implementation Requirement.--Nothing in this section 
     requires the Secretary to conduct or complete the 
     programmatic review or keep in effect the pause or moratorium 
     on the issuance of new Federal coal leases under the 
     Secretarial order described in subsection (a)(1) after 
     January 20, 2017.
       (d) Termination of Moratorium.--Effective January 16, 
     2019--
       (1) the pause or moratorium on the issuance of new Federal 
     coal leases under the Secretarial order referred to in 
     subsection (a)(1) is terminated; and
       (2) that Secretarial order shall have no force or effect.

     SEC. 6. GRANDFATHERING OF COAL LEASES ON APPLICATION AND COAL 
                   LEASE MODIFICATIONS.

       Nothing in Secretarial Order 3338, issued by the Secretary 
     on January 15, 2016, and entitled ``Discretionary 
     Programmatic Environmental Impact Statement to Modernize the 
     Federal Coal Program'' shall be considered to prohibit or 
     restrict any issuance of a coal lease on application, or 
     modification to a coal lease on application pursuant to 
     subpart 3432 of part 3430 of title 43, Code of Federal 
     Regulations (or successor regulations), for which the Bureau 
     of Land Management has begun a review under section 102 of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332) as of January 15, 2016.

     SEC. 7. DEADLINE FOR COAL LEASE SALES AND MODIFICATIONS.

       Not later than 1 year after the date on which the Secretary 
     completes the analysis required under section 102 of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4332) 
     for an application for a coal lease, or an application for a 
     modification to a coal lease pursuant to subpart 3432 of part 
     3430 of title 43, Code of Federal Regulations (or successor 
     regulations), accepted by the Secretary, the Secretary shall 
     conduct the lease sale and issue the lease, or approve the 
     modification, unless the applicant indicates in writing that 
     the applicant no longer seeks the lease or modification to 
     the lease.

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