[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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