[House Report 108-540]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-540
======================================================================

 
PROVIDING FOR CONSIDERATION OF H.R. 4513, TO PROVIDE THAT IN PREPARING 
AN ENVIRONMENTAL ASSESSMENT OR ENVIRONMENTAL IMPACT STATEMENT REQUIRED 
UNDER SECTION 102 OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 WITH 
   RESPECT TO ANY ACTION AUTHORIZING A RENEWABLE ENERGY PROJECT, NO 
FEDERAL AGENCY IS REQUIRED TO IDENTIFY ALTERNATIVE PROJECT LOCATIONS OR 
 ACTIONS OTHER THAN THE PROPOSED ACTION AND THE NO ACTION ALTERNATIVE, 
AND FOR OTHER PURPOSES; AND H.R. 4529, ARCTIC COASTAL PLAIN AND SURFACE 
                     MINING IMPROVEMENT ACT OF 2004

                                _______
                                

   June 14, 2004.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Reynolds, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 672]

    The Committee on Rules, having had under consideration 
House Resolution 672, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of H.R. 4513, 
the Renewable Energy Project Siting Improvement Act of 2004 and 
for H.R. 4529, the Arctic Coastal Plain Surface Mining 
Improvement Act of 2004. The rule provides for consideration of 
H.R. 4513 under a modified closed rule. The rule provides one 
hour of debate in the House on H.R. 4513 equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on Resources.
    The rule makes in order the amendment printed in Part A of 
this report, if offered by Representative Pombo of California 
or his designee, which shall be considered as read and shall be 
separately debatable for 10 minutes equally divided and 
controlled by the proponent and an opponent. The rule waives 
all points of order against the amendment printed in part A of 
this report. The rule provides one motion to recommit H.R. 4513 
with or without instructions.
    The rule further provides in section 2 for consideration of 
H.R. 4529 under a modified closed rule. The rule provides one 
hour of debate in the House on H.R. 4529, with 50 minutes 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Resources and 10 minutes 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Ways and Means.
    The rule makes in order the amendment in the nature of a 
substitute printed in Part B of this report, if offered by 
Representative Pombo of California or his designee, which shall 
be considered as read and shall be separately debatable for ten 
minutes equally divided and controlled by the proponent and an 
opponent. The rule waivers all points of order against the 
amendment in the nature of a substitute printed in part B of 
this report. Finally, the rule provides one motion to recommit 
H.R. 4529 with or without instructions.

        PART A--SUMMARY OF AMENDMENT MADE IN ORDER TO H.R. 4513

    (Summary derived from information provided by the amendment 
sponsor.)
    Pombo: Manager's Amendment. Clarifies that the 
environmental review processes in H.R. 4513 do not apply to oil 
and gas leasing activities. (10 minutes)

  PART B--SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN 
                           ORDER TO H.R. 4529

    (Summary derived from information provided by the amendment 
sponsor.)
    Pombo: Manager's Amendment. Reflects certain technical 
changes needed to conform with existing laws. The bill as 
introduced did not place all stakeholders on an equal footing 
in regard to treatment of their coal miner healthcare benefits 
obligations and liabilities. This amendment ensures equity of 
stakeholders regarding treatment of their healthcare benefits 
obligations and liabilities by placing each stakeholder in line 
to receive monies from each of the funding mechanisms, 
including: Abandoned Mine Land (AML) Reclamation Fund interest 
account; Rural Abandoned Mine Program (RAMP) monies; Payments 
from the Coal Mining Fairness Fund that is funded by ANWR; and 
Repayable advances as needed. The bill as introduced did not 
place all stakeholders having healthcare benefits obligations 
and liabilities into the RAMP funding stream. This amendment 
makes available the remaining RAMP balance and stranded 
interest to help meet the obligations of the Combined Benefit 
Fund, the 1992 and 1993 Plan beneficiaries, and future premiums 
otherwise paid for by the reachback companies. This money would 
be utilized prior to use of ANWR monies and advances. The bill 
as introduced pays certified Indian Tribes a specified ``state 
share'' from the AML fund that they are owed by the federal 
government through the payment of RAMP monies. This amendment 
attempts to alleviate any under- or overpayment to the 
certified Tribes by stating that these Tribes will be paid 
their state share balance as of the date of enactment. The bill 
as introduced did not tie the success of all stakeholders with 
coalmining healthcare obligations and liabilities to the 
success of ANWR. The overarching reason we are at this point in 
time to attempt to fix the myriad of problems that are AML and 
related is because ANWR has the potential to generate 
significant revenue that could be directed to fixing these 
problems. The amendment ensures the success of these 
stakeholders is contingent upon the success of ANWR. If ANWR 
does not move forward for any reason, we revert right back to 
current law under this amendment. (10 minutes)

          PART A--TEXT OF AMENDMENT MADE IN ORDER TO H.R. 4513

  Page 3, beginning at line 13, strike ``or the combustion 
of''.
  Page 3, line 13, insert a comma after ``oil''.

                              ----------                              

 PART B--TEXT OF AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN ORDER 
                              TO H.R. 4529

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This title may be cited as the ``Arctic Coastal Plain and 
Surface Mining Improvement Act''.

    TITLE I--OIL AND GAS LEASING PROGRAM FOR COASTAL PLAIN OF ALASKA

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Arctic Coastal Plain 
Domestic Energy Security Act of 2004''.

SEC. 102. DEFINITIONS.

  In this title:
          (1) Coastal plain.--The term ``Coastal Plain'' means 
        that area identified as such in the map entitled 
        ``Arctic National Wildlife Refuge'', dated August 1980, 
        as referenced in section 1002(b) of the Alaska National 
        Interest Lands Conservation Act of 1980 (16 U.S.C. 
        3142(b)(1)), comprising approximately 1,549,000 acres, 
        and as described in appendix I to part 37 of title 50, 
        Code of Federal Regulations.
          (2) Secretary.--The term ``Secretary'', except as 
        otherwise provided, means the Secretary of the Interior 
        or the Secretary's designee.

SEC. 103. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.

  (a) In General.--The Secretary shall take such actions as are 
necessary--
          (1) to establish and implement in accordance with 
        this Act a competitive oil and gas leasing program 
        under the Mineral Leasing Act (30 U.S.C. 181 et seq.) 
        that will result in an environmentally sound program 
        for the exploration, development, and production of the 
        oil and gas resources of the Coastal Plain; and
          (2) to administer the provisions of this title 
        through regulations, lease terms, conditions, 
        restrictions, prohibitions, stipulations, and other 
        provisions that ensure the oil and gas exploration, 
        development, and production activities on the Coastal 
        Plain will result in no significant adverse effect on 
        fish and wildlife, their habitat, subsistence 
        resources, and the environment, and including, in 
        furtherance of this goal, by requiring the application 
        of the best commercially available technology for oil 
        and gas exploration, development, and production to all 
        exploration, development, and production operations 
        under this title in a manner that ensures the receipt 
        of fair market value by the public for the mineral 
        resources to be leased.
  (b) Repeal.--Section 1003 of the Alaska National Interest 
Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
  (c) Compliance With Requirements Under Certain Other Laws.--
          (1) Compatibility.--For purposes of the National 
        Wildlife Refuge System Administration Act of 1966, the 
        oil and gas leasing program and activities authorized 
        by this section in the Coastal Plain are deemed to be 
        compatible with the purposes for which the Arctic 
        National Wildlife Refuge was established, and that no 
        further findings or decisions are required to implement 
        this determination.
          (2) Adequacy of the department of the interior's 
        legislative environmental impact statement.--The 
        ``Final Legislative Environmental Impact Statement'' 
        (April 1987) on the Coastal Plain prepared pursuant to 
        section 1002 of the Alaska National Interest Lands 
        Conservation Act of 1980 (16 U.S.C. 3142) and section 
        102(2)(C) of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the 
        requirements under the National Environmental Policy 
        Act of 1969 that apply with respect to actions 
        authorized to be taken by the Secretary to develop and 
        promulgate the regulations for the establishment of a 
        leasing program authorized by this title before the 
        conduct of the first lease sale.
          (3) Compliance with nepa for other actions.--Before 
        conducting the first lease sale under this title, the 
        Secretary shall prepare an environmental impact 
        statement under the National Environmental Policy Act 
        of 1969 with respect to the actions authorized by this 
        title that are not referred to in paragraph (2). 
        Notwithstanding any other law, the Secretary is not 
        required to identify nonleasing alternative courses of 
        action or to analyze the environmental effects of such 
        courses of action. The Secretary shall only identify a 
        preferred action for such leasing and a single leasing 
        alternative, and analyze the environmental effects and 
        potential mitigation measures for those two 
        alternatives. The identification of the preferred 
        action and related analysis for the first lease sale 
        under this title shall be completed within 18 months 
        after the date of the enactment of this Act. The 
        Secretary shall only consider public comments that 
        specifically address the Secretary's preferred action 
        and that are filed within 20 days after publication of 
        an environmental analysis. Notwithstanding any other 
        law, compliance with this paragraph is deemed to 
        satisfy all requirements for the analysis and 
        consideration of the environmental effects of proposed 
        leasing under this title.
  (d) Relationship to State and Local Authority.--Nothing in 
this title shall be considered to expand or limit State and 
local regulatory authority.
  (e) Special Areas.--
          (1) In general.--The Secretary, after consultation 
        with the State of Alaska, the city of Kaktovik, and the 
        North Slope Borough, may designate up to a total of 
        45,000 acres of the Coastal Plain as a Special Area if 
        the Secretary determines that the Special Area is of 
        such unique character and interest so as to require 
        special management and regulatory protection. The 
        Secretary shall designate as such a Special Area the 
        Sadlerochit Spring area, comprising approximately 4,000 
        acres as depicted on the map referred to in section 
        102(1).
          (2) Management.--Each such Special Area shall be 
        managed so as to protect and preserve the area's unique 
        and diverse character including its fish, wildlife, and 
        subsistence resource values.
          (3) Exclusion from leasing or surface occupancy.--The 
        Secretary may exclude any Special Area from leasing. If 
        the Secretary leases a Special Area, or any part 
        thereof, for purposes of oil and gas exploration, 
        development, production, and related activities, there 
        shall be no surface occupancy of the lands comprising 
        the Special Area.
          (4) Directional drilling.--Notwithstanding the other 
        provisions of this subsection, the Secretary may lease 
        all or a portion of a Special Area under terms that 
        permit the use of horizontal drilling technology from 
        sites on leases located outside the area.
  (f) Limitation on Closed Areas.--The Secretary's sole 
authority to close lands within the Coastal Plain to oil and 
gas leasing and to exploration, development, and production is 
that set forth in this title.
  (g) Regulations.--
          (1) In general.--The Secretary shall prescribe such 
        regulations as may be necessary to carry out this 
        title, including rules and regulations relating to 
        protection of the fish and wildlife, their habitat, 
        subsistence resources, and environment of the Coastal 
        Plain, by no later than 15 months after the date of the 
        enactment of this Act.
          (2) Revision of regulations.--The Secretary shall 
        periodically review and, if appropriate, revise the 
        rules and regulations issued under subsection (a) to 
        reflect any significant biological, environmental, or 
        engineering data that come to the Secretary's 
        attention.

SEC. 104. LEASE SALES.

  (a) In General.--Lands may be leased pursuant to this title 
to any person qualified to obtain a lease for deposits of oil 
and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
  (b) Procedures.--The Secretary shall, by regulation, 
establish procedures for--
          (1) receipt and consideration of sealed nominations 
        for any area in the Coastal Plain for inclusion in, or 
        exclusion (as provided in subsection (c)) from, a lease 
        sale;
          (2) the holding of lease sales after such nomination 
        process; and
          (3) public notice of and comment on designation of 
        areas to be included in, or excluded from, a lease 
        sale.
  (c) Lease Sale Bids.--Bidding for leases under this title 
shall be by sealed competitive cash bonus bids.
  (d) Acreage Minimum in First Sale.--In the first lease sale 
under this title, the Secretary shall offer for lease those 
tracts the Secretary considers to have the greatest potential 
for the discovery of hydrocarbons, taking into consideration 
nominations received pursuant to subsection (b)(1), but in no 
case less than 200,000 acres.
  (e) Timing of Lease Sales.--The Secretary shall--
          (1) conduct the first lease sale under this title 
        within 22 months after the date of the enactment of 
        this Act; and
          (2) conduct additional sales so long as sufficient 
        interest in development exists to warrant, in the 
        Secretary's judgment, the conduct of such sales.

SEC. 105. GRANT OF LEASES BY THE SECRETARY.

  (a) In General.--The Secretary may grant to the highest 
responsible qualified bidder in a lease sale conducted pursuant 
to section 104 any lands to be leased on the Coastal Plain upon 
payment by the lessee of such bonus as may be accepted by the 
Secretary.
  (b) Subsequent Transfers.--No lease issued under this title 
may be sold, exchanged, assigned, sublet, or otherwise 
transferred except with the approval of the Secretary. Prior to 
any such approval the Secretary shall consult with, and give 
due consideration to the views of, the Attorney General.

SEC. 106. LEASE TERMS AND CONDITIONS.

  (a) In General.--An oil or gas lease issued pursuant to this 
title shall--
          (1) provide for the payment of a royalty of not less 
        than 12\1/2\ percent in amount or value of the 
        production removed or sold from the lease, as 
        determined by the Secretary under the regulations 
        applicable to other Federal oil and gas leases;
          (2) provide that the Secretary may close, on a 
        seasonal basis, portions of the Coastal Plain to 
        exploratory drilling activities as necessary to protect 
        caribou calving areas and other species of fish and 
        wildlife;
          (3) require that the lessee of lands within the 
        Coastal Plain shall be fully responsible and liable for 
        the reclamation of lands within the Coastal Plain and 
        any other Federal lands that are adversely affected in 
        connection with exploration, development, production, 
        or transportation activities conducted under the lease 
        and within the Coastal Plain by the lessee or by any of 
        the subcontractors or agents of the lessee;
          (4) provide that the lessee may not delegate or 
        convey, by contract or otherwise, the reclamation 
        responsibility and liability to another person without 
        the express written approval of the Secretary;
          (5) provide that the standard of reclamation for 
        lands required to be reclaimed under this title shall 
        be, as nearly as practicable, a condition capable of 
        supporting the uses which the lands were capable of 
        supporting prior to any exploration, development, or 
        production activities, or upon application by the 
        lessee, to a higher or better use as approved by the 
        Secretary;
          (6) contain terms and conditions relating to 
        protection of fish and wildlife, their habitat, and the 
        environment as required pursuant to section 103(a)(2);
          (7) provide that the lessee, its agents, and its 
        contractors use best efforts to provide a fair share, 
        as determined by the level of obligation previously 
        agreed to in the 1974 agreement implementing section 29 
        of the Federal Agreement and Grant of Right of Way for 
        the Operation of the Trans-Alaska Pipeline, of 
        employment and contracting for Alaska Natives and 
        Alaska Native Corporations from throughout the State;
          (8) prohibit the export of oil produced under the 
        lease; and
          (9) contain such other provisions as the Secretary 
        determines necessary to ensure compliance with the 
        provisions of this title and the regulations issued 
        under this title.
  (b) Project Labor Agreements.--The Secretary, as a term and 
condition of each lease under this title and in recognizing the 
Government's proprietary interest in labor stability and in the 
ability of construction labor and management to meet the 
particular needs and conditions of projects to be developed 
under the leases issued pursuant to this title and the special 
concerns of the parties to such leases, shall require that the 
lessee and its agents and contractors negotiate to obtain a 
project labor agreement for the employment of laborers and 
mechanics on production, maintenance, and construction under 
the lease.

SEC. 107. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

  (a) No Significant Adverse Effect Standard To Govern 
Authorized Coastal Plain Activities.--The Secretary shall, 
consistent with the requirements of section 103, administer the 
provisions of this title through regulations, lease terms, 
conditions, restrictions, prohibitions, stipulations, and other 
provisions that--
          (1) ensure the oil and gas exploration, development, 
        and production activities on the Coastal Plain will 
        result in no significant adverse effect on fish and 
        wildlife, their habitat, and the environment;
          (2) require the application of the best commercially 
        available technology for oil and gas exploration, 
        development, and production on all new exploration, 
        development, and production operations; and
          (3) ensure that the maximum amount of surface acreage 
        covered by production and support facilities, including 
        airstrips and any areas covered by gravel berms or 
        piers for support of pipelines, does not exceed 2,000 
        acres on the Coastal Plain.
  (b) Site-Specific Assessment and Mitigation.--The Secretary 
shall also require, with respect to any proposed drilling and 
related activities, that--
          (1) a site-specific analysis be made of the probable 
        effects, if any, that the drilling or related 
        activities will have on fish and wildlife, their 
        habitat, and the environment;
          (2) a plan be implemented to avoid, minimize, and 
        mitigate (in that order and to the extent practicable) 
        any significant adverse effect identified under 
        paragraph (1); and
          (3) the development of the plan shall occur after 
        consultation with the agency or agencies having 
        jurisdiction over matters mitigated by the plan.
  (c) Regulations To Protect Coastal Plain Fish and Wildlife 
Resources, Subsistence Users, and the Environment.--Before 
implementing the leasing program authorized by this title, the 
Secretary shall prepare and promulgate regulations, lease 
terms, conditions, restrictions, prohibitions, stipulations, 
and other measures designed to ensure that the activities 
undertaken on the Coastal Plain under this title are conducted 
in a manner consistent with the purposes and environmental 
requirements of this title.
  (d) Compliance With Federal and State Environmental Laws and 
Other Requirements.--The proposed regulations, lease terms, 
conditions, restrictions, prohibitions, and stipulations for 
the leasing program under this title shall require compliance 
with all applicable provisions of Federal and State 
environmental law and shall also require the following:
          (1) Standards at least as effective as the safety and 
        environmental mitigation measures set forth in items 1 
        through 29 at pages 167 through 169 of the ``Final 
        Legislative Environmental Impact Statement'' (April 
        1987) on the Coastal Plain.
          (2) Seasonal limitations on exploration, development, 
        and related activities, where necessary, to avoid 
        significant adverse effects during periods of 
        concentrated fish and wildlife breeding, denning, 
        nesting, spawning, and migration.
          (3) That exploration activities, except for surface 
        geological studies, be limited to the period between 
        approximately November 1 and May 1 each year and that 
        exploration activities shall be supported by ice roads, 
        winter trails with adequate snow cover, ice pads, ice 
        airstrips, and air transport methods, except that such 
        exploration activities may occur at other times, if the 
        Secretary finds that such exploration will have no 
        significant adverse effect on the fish and wildlife, 
        their habitat, and the environment of the Coastal 
        Plain.
          (4) Design safety and construction standards for all 
        pipelines and any access and service roads, that--
                  (A) minimize, to the maximum extent possible, 
                adverse effects upon the passage of migratory 
                species such as caribou; and
                  (B) minimize adverse effects upon the flow of 
                surface water by requiring the use of culverts, 
                bridges, and other structural devices.
          (5) Prohibitions on public access and use on all 
        pipeline access and service roads.
          (6) Stringent reclamation and rehabilitation 
        requirements, consistent with the standards set forth 
        in this title, requiring the removal from the Coastal 
        Plain of all oil and gas development and production 
        facilities, structures, and equipment upon completion 
        of oil and gas production operations, except that the 
        Secretary may exempt from the requirements of this 
        paragraph those facilities, structures, or equipment 
        that the Secretary determines would assist in the 
        management of the Arctic National Wildlife Refuge and 
        that are donated to the United States for that purpose.
          (7) Appropriate prohibitions or restrictions on 
        access by all modes of transportation.
          (8) Appropriate prohibitions or restrictions on sand 
        and gravel extraction.
          (9) Consolidation of facility siting.
          (10) Appropriate prohibitions or restrictions on use 
        of explosives.
          (11) Avoidance, to the extent practicable, of 
        springs, streams, and river system; the protection of 
        natural surface drainage patterns, wetlands, and 
        riparian habitats; and the regulation of methods or 
        techniques for developing or transporting adequate 
        supplies of water for exploratory drilling.
          (12) Avoidance or reduction of air traffic-related 
        disturbance to fish and wildlife.
          (13) Treatment and disposal of hazardous and toxic 
        wastes, solid wastes, reserve pit fluids, drilling muds 
        and cuttings, and domestic wastewater, including an 
        annual waste management report, a hazardous materials 
        tracking system, and a prohibition on chlorinated 
        solvents, in accordance with applicable Federal and 
        State environmental law.
          (14) Fuel storage and oil spill contingency planning.
          (15) Research, monitoring, and reporting 
        requirements.
          (16) Field crew environmental briefings.
          (17) Avoidance of significant adverse effects upon 
        subsistence hunting, fishing, and trapping by 
        subsistence users.
          (18) Compliance with applicable air and water quality 
        standards.
          (19) Appropriate seasonal and safety zone 
        designations around well sites, within which 
        subsistence hunting and trapping shall be limited.
          (20) Reasonable stipulations for protection of 
        cultural and archeological resources.
          (21) All other protective environmental stipulations, 
        restrictions, terms, and conditions deemed necessary by 
        the Secretary.
  (e) Considerations.--In preparing and promulgating 
regulations, lease terms, conditions, restrictions, 
prohibitions, and stipulations under this section, the 
Secretary shall consider the following:
          (1) The stipulations and conditions that govern the 
        National Petroleum Reserve-Alaska leasing program, as 
        set forth in the 1999 Northeast National Petroleum 
        Reserve-Alaska Final Integrated Activity Plan/
        Environmental Impact Statement.
          (2) The environmental protection standards that 
        governed the initial Coastal Plain seismic exploration 
        program under parts 37.31 to 37.33 of title 50, Code of 
        Federal Regulations.
          (3) The land use stipulations for exploratory 
        drilling on the KIC-ASRC private lands that are set 
        forth in Appendix 2 of the August 9, 1983, agreement 
        between Arctic Slope Regional Corporation and the 
        United States.
  (f) Facility Consolidation Planning.--
          (1) In general.--The Secretary shall, after providing 
        for public notice and comment, prepare and update 
        periodically a plan to govern, guide, and direct the 
        siting and construction of facilities for the 
        exploration, development, production, and 
        transportation of Coastal Plain oil and gas resources.
          (2) Objectives.--The plan shall have the following 
        objectives:
                  (A) Avoiding unnecessary duplication of 
                facilities and activities.
                  (B) Encouraging consolidation of common 
                facilities and activities.
                  (C) Locating or confining facilities and 
                activities to areas that will minimize impact 
                on fish and wildlife, their habitat, and the 
                environment.
                  (D) Utilizing existing facilities wherever 
                practicable.
                  (E) Enhancing compatibility between wildlife 
                values and development activities.
  (g) Access to Public Lands.--The Secretary shall--
          (1) manage public lands in the Coastal Plain subject 
        to subsections (a) and (b) of section 811 of the Alaska 
        National Interest Lands Conservation Act (16 U.S.C. 
        3121); and
          (2) ensure that local residents shall have reasonable 
        access to public lands in the Coastal Plain for 
        traditional uses.

SEC. 108. EXPEDITED JUDICIAL REVIEW.

  (a) Filing of Complaint.--
          (1) Deadline.--Subject to paragraph (2), any 
        complaint seeking judicial review of any provision of 
        this title or any action of the Secretary under this 
        title shall be filed in any appropriate district court 
        of the United States--
                  (A) except as provided in subparagraph (B), 
                within the 90-day period beginning on the date 
                of the action being challenged; or
                  (B) in the case of a complaint based solely 
                on grounds arising after such period, within 90 
                days after the complainant knew or reasonably 
                should have known of the grounds for the 
                complaint.
          (2) Venue.--Any complaint seeking judicial review of 
        an action of the Secretary under this title may be 
        filed only in the United States Court of Appeals for 
        the District of Columbia.
          (3) Limitation on scope of certain review.--Judicial 
        review of a Secretarial decision to conduct a lease 
        sale under this title, including the environmental 
        analysis thereof, shall be limited to whether the 
        Secretary has complied with the terms of this title and 
        shall be based upon the administrative record of that 
        decision. The Secretary's identification of a preferred 
        course of action to enable leasing to proceed and the 
        Secretary's analysis of environmental effects under 
        this title shall be presumed to be correct unless shown 
        otherwise by clear and convincing evidence to the 
        contrary.
  (b) Limitation on Other Review.--Actions of the Secretary 
with respect to which review could have been obtained under 
this section shall not be subject to judicial review in any 
civil or criminal proceeding for enforcement.

SEC. 109. FEDERAL AND STATE DISTRIBUTION OF REVENUES.

  (a) In General.--Notwithstanding any other provision of law, 
of the amount of adjusted bonus, rental, and royalty revenues 
from oil and gas leasing and operations authorized under this 
title--
          (1) 50 percent shall be paid to the State of Alaska; 
        and
          (2) except as provided in section 112(d) and title 
        II, the balance shall be deposited into the Treasury as 
        miscellaneous receipts.
  (b) Payments to Alaska.--Payments to the State of Alaska 
under this section shall be made semiannually.

SEC. 110. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

  (a) Exemption.--Title XI of the Alaska National Interest 
Lands Conservation Act of 1980 (16 U.S.C. 3161 et seq.) shall 
not apply to the issuance by the Secretary under section 28 of 
the Mineral Leasing Act (30 U.S.C. 185) of rights-of-way and 
easements across the Coastal Plain for the transportation of 
oil and gas.
  (b) Terms and Conditions.--The Secretary shall include in any 
right-of-way or easement referred to in subsection (a) such 
terms and conditions as may be necessary to ensure that 
transportation of oil and gas does not result in a significant 
adverse effect on the fish and wildlife, subsistence resources, 
their habitat, and the environment of the Coastal Plain, 
including requirements that facilities be sited or designed so 
as to avoid unnecessary duplication of roads and pipelines.
  (c) Regulations.--The Secretary shall include in regulations 
under section 103(g) provisions granting rights-of-way and 
easements described in subsection (a) of this section.

SEC. 111. CONVEYANCE.

  In order to maximize Federal revenues by removing clouds on 
title to lands and clarifying land ownership patterns within 
the Coastal Plain, the Secretary, notwithstanding the 
provisions of section 1302(h)(2) of the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 
convey--
          (1) to the Kaktovik Inupiat Corporation the surface 
        estate of the lands described in paragraph 1 of Public 
        Land Order 6959, to the extent necessary to fulfill the 
        Corporation's entitlement under section 12 of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1611) in 
        accordance with the terms and conditions of the 
        Agreement between the Department of the Interior, the 
        United States Fish and Wildlife Service, the Bureau of 
        Land Management, and the Kaktovik Inupiat Corporation 
        effective January 22, 1993; and
          (2) to the Arctic Slope Regional Corporation the 
        remaining subsurface estate to which it is entitled 
        pursuant to the August 9, 1983, agreement between the 
        Arctic Slope Regional Corporation and the United States 
        of America.

SEC. 112. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE ASSISTANCE.

  (a) Financial Assistance Authorized.--
          (1) In general.--The Secretary may use amounts 
        available from the Coastal Plain Local Government 
        Impact Aid Assistance Fund established by subsection 
        (d) to provide timely financial assistance to entities 
        that are eligible under paragraph (2) and that are 
        directly impacted by the exploration for or production 
        of oil and gas on the Coastal Plain under this title.
          (2) Eligible entities.--The North Slope Borough, 
        Kaktovik, and other boroughs, municipal subdivisions, 
        villages, and any other community organized under 
        Alaska State law shall be eligible for financial 
        assistance under this section.
  (b) Use of Assistance.--Financial assistance under this 
section may be used only for--
          (1) planning for mitigation of the potential effects 
        of oil and gas exploration and development on 
        environmental, social, cultural, recreational and 
        subsistence values;
          (2) implementing mitigation plans and maintaining 
        mitigation projects;
          (3) developing, carrying out, and maintaining 
        projects and programs that provide new or expanded 
        public facilities and services to address needs and 
        problems associated with such effects, including 
        firefighting, police, water, waste treatment, medivac, 
        and medical services; and
          (4) establishment of a coordination office, by the 
        North Slope Borough, in the City of Kaktovik, which 
        shall--
                  (A) coordinate with and advise developers on 
                local conditions, impact, and history of the 
                areas utilized for development; and
                  (B) provide to the Committee on Resources of 
                the Senate and the Committee on Energy and 
                Resources of the Senate an annual report on the 
                status of coordination between developers and 
                the communities affected by development.
  (c) Application.--
          (1) In general.--Any community that is eligible for 
        assistance under this section may submit an application 
        for such assistance to the Secretary, in such form and 
        under such procedures as the Secretary may prescribe by 
        regulation.
          (2) North slope borough communities.--A community 
        located in the North Slope Borough may apply for 
        assistance under this section either directly to the 
        Secretary or through the North Slope Borough.
          (3) Application assistance.--The Secretary shall work 
        closely with and assist the North Slope Borough and 
        other communities eligible for assistance under this 
        section in developing and submitting applications for 
        assistance under this section.
  (d) Establishment of Fund.--
          (1) In general.--There is established in the Treasury 
        the Coastal Plain Local Government Impact Aid 
        Assistance Fund.
          (2) Use.--Amounts in the fund may be used only for 
        providing financial assistance under this section.
          (3) Deposits.--Subject to paragraph (4), there shall 
        be deposited into the fund amounts received by the 
        United States as revenues derived from rents, bonuses, 
        and royalties under on leases and lease sales 
        authorized under this title.
          (4) Limitation on deposits.--The total amount in the 
        fund may not exceed $11,000,000.
          (5) Investment of balances.--The Secretary of the 
        Treasury shall invest amounts in the fund in interest 
        bearing government securities.
  (e) Authorization of Appropriations.--To provide financial 
assistance under this section there is authorized to be 
appropriated to the Secretary from the Coastal Plain Local 
Government Impact Aid Assistance Fund $5,000,000 for each 
fiscal year.

           TITLE II--ABANDONED MINE LANDS RECLAMATION REFORM

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Abandoned Mine Lands 
Reclamation Reform Act of 2004''.

SEC. 202. AMENDMENTS TO SURFACE MINING ACT.

  (a) Amendments to Section.--(1) Section 401 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is 
amended as follows:
          (A) In subsection (c) by striking paragraphs (2) and 
        (6) and redesignating paragraphs (3) through (13) in 
        order as paragraphs (2) through (11).
          (B) In subsection (e)--
                  (i) in the second sentence, by striking ``the 
                needs of such fund'' and inserting ``achieving 
                the purposes of the payments under section 
                402(h)''; and
                  (ii) in the third sentence, by inserting 
                before the period the following: ``for the 
                purpose of the payments under section 402(h)''.
          (2) Section 712(b) of the Surface Mining Control and 
        Reclamation Act of 1977 (30 U.S.C. 1302(b)) is amended 
        by striking ``section 401(c)(11)'' and inserting 
        ``section 401(c)(9)''.
  (b) Amendments to Section 402.--Section 402 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is 
amended as follows:
          (1) In subsection (a)--
                  (A) by striking ``35'' and inserting ``28'';
                  (B) by striking ``15'' and inserting ``12''; 
                and
                  (C) by striking ``10 cents'' and inserting 
                ``8 cents''.
          (2) In subsection (b) by striking ``2004'' and all 
        that follows through the end of the sentence and 
        inserting ``2019.''.
          (3) In subsection (g)(1)(D) by striking ``in any area 
        under paragraph (2), (3), (4), or (5)'' and inserting 
        ``under paragraph (5)''.
          (4) Subsection (g)(2) is amended to read as follows:
          ``(2) In making the grants referred to in paragraph 
        (1)(C) and the grants referred to in paragraph (5), the 
        Secretary shall ensure strict compliance by the States 
        and Indian tribes with the priorities set forth in 
        section 403(a) until a certification is made under 
        section 411(a).''.
          (5) In subsection (g)(3)--
                  (A) in the matter preceding subparagraph (A) 
                by striking ``paragraphs (2) and'' and 
                inserting ``paragraph'';
                  (B) in subparagraph (A) by striking 
                ``401(c)(11)'' and inserting ``401(c)(9)''; and
                  (C) by adding at the end the following:
          ``(E) For the purpose of paragraph (8).''.
          (6) In subsection (g)(5)--
                  (A) by inserting ``(A)'' before the first 
                sentence;
                  (B) in the first sentence by striking ``40'' 
                and inserting ``60'';
                  (C) in the last sentence by striking ``Funds 
                allocated or expended by the Secretary under 
                paragraphs (2), (3), or (4),'' and inserting 
                ``Funds made available under paragraph (3) or 
                (4)''; and
                  (D) by adding at the end the following:
  ``(B) Any amount that is reallocated and available under 
section 411(h)(3) shall be in addition to amounts that are 
allocated under subparagraph (A).''.
          (7) Subsection (g)(6) is amended to read as follows:
  ``(6)(A) Any State with an approved abandoned mine 
reclamation program pursuant to section 405 may receive and 
retain, without regard to the 3-year limitation referred to in 
paragraph (1)(D), up to 10 percent of the total of the grants 
made annually to such State under paragraphs (1) and (5) if 
such amounts are deposited into an acid mine drainage abatement 
and treatment fund established under State law, from which 
amounts (together with all interest earned on such amounts) are 
expended by the State for the abatement of the causes and the 
treatment of the effects of acid mine drainage in a 
comprehensive manner within qualified hydrologic units affected 
by coal mining practices.
  ``(B) For the purposes of this paragraph, the term `qualified 
hydrologic unit' means a hydrologic unit--
          ``(i) in which the water quality has been 
        significantly affected by acid mine drainage from coal 
        mining practices in a manner that adversely impacts 
        biological resources; and
          ``(ii) that contains lands and waters that are--
                  ``(I) eligible pursuant to section 404 and 
                include any of the priorities set forth in 
                section 403(a); and
                  ``(II) the subject of expenditures by the 
                State from the forfeiture of bonds required 
                under section 509 or from other States sources 
                to abate and treat acid mine drainage.''.
          (8) Subsection (g)(7) is amended to read as follows:
  ``(7) In complying with the priorities set forth in section 
403(a), any State or Indian tribe may use amounts available in 
grants made annually to such State or tribe under paragraphs 
(1) and (5) for the reclamation of eligible lands and waters 
set forth in section 403(a)(3) prior to the completion of 
reclamation projects under paragraphs (1) and (2) of section 
403(a) only if the expenditure of funds for such reclamation is 
done in conjunction with the expenditure of funds for 
reclamation projects under paragraphs (1) and (2) of section 
403(a).''.
          (9) Subsection (g)(8) is amended to read as follows:
  ``(8) In making the grants referred to in paragraph (1)(C), 
the Secretary, using amounts allocated to a State or Indian 
tribe under subparagraphs (A) or (B) of paragraph (1) or as 
necessary amounts available to the Secretary under paragraph 
(3), shall assure total grant awards of not less than 
$2,000,000 annually to each State, including Tennessee, and 
each Indian tribe.''.
          (10) By amending subsection (h) to read as follows:
  ``(h) Payment of Funds for Benefit Payments.--
          ``(1) In general.--Except as otherwise provided in 
        this subsection, at the beginning of each fiscal year, 
        the Secretary of the Interior shall pay from the fund--
                  ``(A) the amount described in paragraph (3) 
                for such year to the Combined Fund,
                  ``(B) the amount described in paragraph (4) 
                for such year to the 1992 Plan, and
                  ``(C) the amount described in paragraph (5) 
                for such year to the 1993 Plan.
          ``(2) Payments may not exceed aggregate interest 
        received by fund.--The aggregate amount paid under 
        paragraph (1) for any fiscal year shall not exceed the 
        lesser of--
                  ``(A) the excess of--
                          ``(i) the aggregate interest received 
                        by the fund during all preceding fiscal 
                        years, over
                          ``(ii) the aggregate payments made 
                        under paragraph (1) for all preceding 
                        fiscal years, or
                  ``(B) the unobligated balance of the fund as 
                of the close of the preceding fiscal year.
          ``(3) Payments to combined fund.--
                  ``(A) In general.--The amount described in 
                this paragraph for any fiscal year is an amount 
                equal to the sum of--
                          ``(i) the estimated expenditures to 
                        be debited against the unassigned 
                        beneficiaries premium account under 
                        section 9704(e) of the Internal Revenue 
                        Code of 1986 for such fiscal year, plus
                          ``(ii) the estimated amount needed to 
                        offset the amount of any deficit (as of 
                        the close of the preceding fiscal year) 
                        in net assets in the Combined Fund.
                  ``(B) Certain pre-2001 premiums.--
                          ``(i) In general.--The amount 
                        described in this paragraph (without 
                        regard to this subparagraph) for fiscal 
                        year 2004 shall be increased by 
                        $36,000,000.
                          ``(ii) Refunds.--Not later than 
                        January 31, 2005, the trustees of the 
                        Combined Fund shall pay to each coal 
                        industry operator described in clause 
                        (iii) (and to each related person with 
                        respect to such an operator) an amount 
                        equal to the aggregate amount paid by 
                        such operator (or such related person) 
                        to the Combined Fund on or before 
                        September 7, 2000, and not previously 
                        refunded or credited, plus interest on 
                        such amount calculated at the rate of 
                        7.5 percent per year. The aggregate 
                        amount paid under this subparagraph 
                        shall not exceed $36,000,000.
                          ``(iii) Coal industry operator 
                        described.--A coal industry operator is 
                        described in this clause if--
                                  ``(I) the operator's 
                                beneficiary assignments have 
                                been voided by the Commissioner 
                                of the Social Security 
                                Administration; and
                                  ``(II) the operator brought 
                                an action prior to September 7, 
                                2000, claiming that the 
                                assignment of beneficiaries 
                                under section 9706 of the 
                                Internal Revenue Code of 1986 
                                was unconstitutional as applied 
                                to such operator and received a 
                                final judgment or final 
                                settlement against such claim.
          ``(4) Payments to 1992 plan.--The amount described in 
        this paragraph for any fiscal year is an amount equal 
        to the excess of--
                  ``(A) the estimated expenditures from the 
                1992 Plan during such fiscal year to provide 
                benefits required under section 9712(c) of such 
                Code, over
                  ``(B) the estimated receipts of the 1992 Plan 
                for such fiscal year from payments required 
                under paragraphs (1)(B) and (3) of section 
                9712(d) of such Code and from any security 
                provided to the 1992 Plan pursuant to section 
                9712(d)(1)(C) of such Code that is available 
                for use in the provision of benefits.
          ``(5) Payments to 1993 plan.--
                  ``(A) In general.--The amount described in 
                this paragraph for any fiscal year is an amount 
                equal to the excess of--
                          ``(i) the estimated expenditures from 
                        the 1993 Plan during such fiscal year 
                        to continue to provide benefits at 
                        levels no greater than those in effect 
                        on the date of enactment of this 
                        paragraph, under the eligibility 
                        criteria in effect on the date of 
                        enactment of this paragraph, over
                          ``(ii) the estimated income of the 
                        1993 Plan for such fiscal year.
                  ``(B) Limitation.--A payment shall not be 
                made under this paragraph for any fiscal year 
                unless the entities that are obligated as of 
                the beginning of such fiscal year to contribute 
                to the 1993 Plan remain obligated throughout 
                such year to make such contributions at rates 
                that are no less than those in effect on the 
                date of enactment of this paragraph.
          ``(6) Refunds of 2004 premiums, etc.--Not later than 
        December 1, 2004, the Secretary of the Interior shall 
        pay from the fund to each specified person (as defined 
        in section 415(d)(2)) an amount equal to the amount of 
        premiums or assigned operator contributions paid by 
        such person for fiscal year 2004.
          ``(7) Ordering rules where specified payments exceed 
        limitation.--
                  ``(A) In general.--Amounts shall be paid 
                under paragraphs (4), (5), or (6) for any 
                fiscal year only to the extent that the 
                limitation under paragraph (2) for such year 
                exceeds the sum of--
                          ``(i) the estimated payments to be 
                        made under paragraph (3) for such year, 
                        and
                          ``(ii) the estimated payments to be 
                        made under paragraph (3) for the 
                        succeeding fiscal year.
                  ``(B) Proportional reduction.--Payments under 
                paragraphs (4), (5), and (6) shall be 
                proportionally reduced to the extent the full 
                amount of such payments may not be made by 
                reason of subparagraph (A).
          ``(8) Estimates and adjustments.--
                  ``(A) Estimates.--Estimated amounts with 
                respect to any fund or plan shall be made by 
                the trustees thereof.
                  ``(B) Adjustments.--If, for any fiscal year, 
                the amount paid under paragraph (3), (4), or 
                (5) is more or less than the amount required to 
                be paid, the Secretary of the Interior shall 
                appropriately adjust the amount paid under that 
                paragraph for the next fiscal year.
          ``(9) Definitions.--For purposes of this subsection--
                  ``(A) Combined fund.--The term `Combined 
                Fund' means the United Mine Workers of America 
                Combined Benefit Fund established under section 
                9702 of the Internal Revenue Code of 1986.
                  ``(B) 1992 plan.--The term `1992 Plan' means 
                the United Mine Workers of America 1992 Benefit 
                Plan established under section 9712 of such 
                Code.
                  ``(C) 1993 plan.--The term `1993 Plan' means 
                the multiemployer health benefit plan 
                established after July 20, 1992, by the persons 
                referred to in section 9701(b)(2) of such Code.
          ``(10) Coordination with premium relief.--
                  ``(A) In general.--Payments shall be made 
                under this subsection for any fiscal year only 
                if the Secretary reasonably expects that no 
                premium will be required to be paid during such 
                year under section 9704 of the Internal Revenue 
                Code of 1986 by reason of payments under 
                section 415(c)(3) of this Act.
                  ``(B) Restoration of prior transfer rules 
                when premium relief ceases.--If fees are 
                required to be paid under this section with 
                respect to any fiscal year for which payments 
                may not be made under this subsection by reason 
                of subparagraph (A), the Secretary shall, as of 
                the beginning of such fiscal year and before 
                any allocation under subsection (g), make the 
                transfer provided in subparagraph (C).
                  ``(C) Transfer to combined fund.--The 
                Secretary shall transfer from the fund to the 
                United Mine Workers of America Combined Benefit 
                Fund established under section 9702 of the 
                Internal Revenue Code of 1986 for any fiscal 
                year an amount equal to the sum of--
                          ``(i) the amount of the interest 
                        which the Secretary estimates will be 
                        earned and paid to the Fund during the 
                        fiscal year, plus
                          ``(ii) the amount by which the amount 
                        described in clause (i) is less than 
                        $70,000,000.
                  ``(D)(i) The aggregate amount which may be 
                transferred under subparagraph (C) for any 
                fiscal year shall not exceed the amount of 
                expenditures which the trustees of the Combined 
                Fund estimate will be debited against the 
                unassigned beneficiaries premium account under 
                section 9704(e) of the Internal Revenue Code of 
                1986 for the fiscal year of the Combined Fund 
                in which the transfer is made.
                  ``(ii) The aggregate amount which may be 
                transferred under subparagraph (C)(ii) for all 
                fiscal years shall not exceed an amount 
                equivalent to all interest earned and paid to 
                the fund after September 30, 1992, and before 
                October 1, 1995.
                  ``(E) If, for any fiscal year, the amount 
                transferred is more or less than the amount 
                required to be transferred, the Secretary shall 
                appropriately adjust the amount transferred for 
                the next fiscal year.''
  (c) Amendments to Section 403.--Section 403 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)) 
is amended as follows:
          (1) In subsection (a)--
                  (A) in paragraph (1) by striking ``general 
                welfare,'';
                  (B) in paragraph (2) by striking ``health, 
                safety, and general welfare'' and inserting 
                ``health and safety'', and inserting ``and'' 
                after the semicolon at the end;
                  (C) in paragraph (3) by striking the 
                semicolon at the end and inserting a period; 
                and
                  (D) by striking paragraphs (4) and (5).
          (2) In subsection (b)--
                  (A) by striking the heading and inserting 
                ``Water Supply Restoration.--''; and
                  (B) in paragraph (1) by striking ``up to 30 
                percent of the''.
          (3) In subsection (c) by inserting ``, subject to the 
        approval of the Secretary,'' after ``amendments''.
  (d) Amendment to Section 406.--Section 406(h) of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236(h)) 
is amended by striking ``Soil Conservation Service'' and 
inserting ``Natural Resources Conservation Service''.
  (e) Further Amendment to Section 406.--Section 406 of the 
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1236) is amended by adding at the end the following:
  ``(i) There is authorized to be appropriated to the Secretary 
of Agriculture, from amounts in the Treasury other than amounts 
in the fund, such sums as may be necessary to carry out this 
section.''.
  (f) Amendment to Section 408.--Section 408(a) of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1238) is 
amended by striking ``who owned the surface prior to May 2, 
1977, and''.
  (g) Amendments to Section 411.--Section 411 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a) is 
amended as follows:
          (1) In subsection (a) by inserting ``(1)'' before the 
        first sentence, and by adding at the end the following:
  ``(2) The Secretary may, on the Secretary's own volition, 
make the certification referred to in paragraph (1) on behalf 
of any State or Indian tribe referred to in paragraph (1) if on 
the basis of the inventory referred to in section 403(c) all 
reclamation projects relating to the priorities set forth in 
section 403(a) for eligible lands and water pursuant to section 
404 in such State or tribe have been completed. The Secretary 
shall only make such certification after notice in the Federal 
Register and opportunity for public comment.''.
          (2) By adding at the end the following:
  ``(h) State Share for Certain Certified States.--(1)(A) From 
moneys referred to in subsection (a) of section 35 of the 
Mineral Leasing Act (30 U.S.C. 191(a)) that are paid into the 
Treasury after the date of the enactment of this subsection and 
that are not paid to States under section 35 of the Mineral 
Leasing Act or reserved as part of the reclamation fund under 
such section, the Secretary of the Interior shall pay to each 
qualified State, on a proportional basis, an amount equal to 
the sum of the aggregate unappropriated amount allocated to 
such qualified State under section 402(g)(1)(A).
  ``(B) In this paragraph the term `qualified State' means a 
State for which a certification is made under subsection (a) 
and in which there are public domain lands available for 
leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.).
  ``(2) Payments to States under this subsection shall be made, 
without regard to any limitation in section 401(d), in the same 
manner as if paid under section 35 of the Mineral Leasing Act 
(30 U.S.C. 191) and concurrently with payments to States under 
that section. The funds distributed under this section shall be 
referred to as the `Cubin-Thomas Mineral Fund'.
  ``(3) The amount allocated to any State under section 
402(g)(1)(A) that is paid to such State as a result of a 
payment under paragraph (1) of this subsection shall be 
reallocated and available for grants under section 
402(g)(5).''.

SEC. 203. USE OF REVENUES FROM COASTAL PLAIN.

  (a) Use of Revenues.--Title IV of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended 
by adding at the end the following:

``SEC. 415. USE OF REVENUES FROM COASTAL PLAIN OF ALASKA.

  ``(a) Coal Mining Fairness Fund.--There is established in the 
Treasury a separate account to be known as the `Coal Mining 
Fairness Fund' (hereafter in this section referred to as the 
`Account').
  ``(b) Appropriations to Account.--
          ``(1) In general.--There are hereby appropriated to 
        the Account amounts equivalent to the amounts received 
        by the United States as bonuses, rents, or royalties 
        from the exploration, development, and production of 
        the oil and gas resources of the Coastal Plain, that 
        are not required to be otherwise paid or deposited 
        under section 109(a) or 112(d) of the Arctic Coastal 
        Plain Domestic Energy Security Act of 2004.
          ``(2) Repayable advances.--
                  ``(A) In general.--There are hereby 
                appropriated to the Account for each fiscal 
                year as a repayable advance an amount equal to 
                the excess (if any) of--
                          ``(i) the expenditures required under 
                        subsection (c) for such year, over
                          ``(ii) the amount appropriated by 
                        paragraph (1) for such year.
                  ``(B) Repayment of advances.--
                          ``(i) In general.--Advances made to 
                        the Account shall be repaid, and 
                        interest on such advances shall be 
                        paid, to the general fund of the 
                        Treasury when the Secretary of the 
                        Interior determines that moneys are 
                        available for such purposes in the 
                        Account.
                          ``(ii) Final repayment.--No advance 
                        shall be made to the Account after 
                        December 31, 2007, and all advances to 
                        the Account shall be repaid on or 
                        before September 30, 2009.
                  ``(C) Rate of interest.--Interest on advances 
                made to the Account shall be at a rate 
                determined by the Secretary of the Treasury (as 
                of the close of the calendar month preceding 
                the month in which the advance is made) to be 
                equal to the current average market yield on 
                outstanding marketable obligations of the 
                United States with remaining periods to 
                maturity comparable to the anticipated period 
                during which the advance will be outstanding 
                and shall be compounded annually.
  ``(c) Expenditures.--
          ``(1) Combined fund.--The Secretary of the Interior 
        shall pay from the Account to the Combined Fund amounts 
        necessary (after the payments under section 402(h)) to 
        meet the obligations of the Combined Fund.
          ``(2) Refunds of 2004 premiums, etc.--Not later than 
        December 1, 2004, the Secretary of the Interior shall 
        pay from the Account to each specified person an amount 
        equal to the amount of premiums or assigned operator 
        contributions paid by such person for fiscal year 2004 
        to the extent such premiums and contributions have not 
        been refunded under section 402(h)(6).
          ``(3) Premiums, etc. otherwise payable after 2004.--
                  ``(A) In general.--At the beginning of each 
                fiscal year after fiscal year 2004, the 
                Secretary of the Interior shall pay from the 
                Account to the Combined Fund an amount equal to 
                the amount of premiums or assigned operator 
                contributions which would (but for subparagraph 
                (B)) be required to be paid by specified 
                persons for such fiscal year.
                  ``(B) Waiver of liability.--For waiver of 
                liability for amounts paid under subparagraph 
                (A), see section 9704(j) of the Internal 
                Revenue Code of 1986.
          ``(4) 1992 plan.--The Secretary of the Interior shall 
        pay from the Account to the 1992 Plan (as defined in 
        section 402(h)) amounts necessary (after the 
        appropriations under section 402(h)) to pay the amounts 
        described in section 402(h)(4).
          ``(5) 1993 plan.--The Secretary of the Interior shall 
        pay from the Account to the 1993 Plan amounts necessary 
        (after the appropriations under section 402(h)) to pay 
        the amounts described in section 402(h)(5).
          ``(6) Qualified states.--
                  ``(A) In general.--The Secretary of the 
                Interior shall pay from the Account to each 
                qualified State an amount equal to the sum of 
                the aggregate unappropriated amount allocated 
                to such qualified State under subparagraph (A) 
                or (B), as applicable, of section 402(g)(1).
                  ``(B) Reallocation.--The amount allocated to 
                any qualified State under section 402(g)(1) 
                that is paid to such qualified State as a 
                result of a payment under subparagraph (A) 
                shall be reallocated and available for grants 
                under section 402(g)(5).
  ``(d) Definitions.--For purposes of this section--
          ``(1) Coastal plain.--The term `Coastal Plain' has 
        the meaning given that term in section 102 of the 
        Arctic Coastal Plain Domestic Energy Security Act of 
        2004.
          ``(2) Specified person.--The term `specified person' 
        means an assigned operator (as defined in section 
        9701(c)(5) of the Internal Revenue Code of 1986), a 
        related person of such assigned operator, and a 
        successor-in-interest of such operator or person, if 
        according to the records of the Combined Fund such 
        assigned operator--
                  ``(A) was assessed or is otherwise liable for 
                premiums to the Combined Fund in October 2001, 
                and
                  ``(B) was not--
                          ``(i) a signatory to the 1988 or any 
                        later National Bituminous Coal Wage 
                        Agreement,
                          ``(ii) a signatory to an agreement 
                        (other than the National Coal Mine 
                        Construction Agreement or the Coal 
                        Haulers' Agreement) containing pension 
                        and health care contribution and 
                        benefit provisions that are identical 
                        to those contained in the 1988 National 
                        Bituminous Coal Wage Agreement, or
                          ``(iii) an employer from which 
                        contributions were actually received 
                        after 1987 and before July 20, 1992, by 
                        the 1950 United Mine Workers of America 
                        Benefit Plan Benefit Plan or the 1974 
                        United Mine Workers of America Benefit 
                        Plan in connection with employment in 
                        the coal industry during the period 
                        covered by the 1988 National Bituminous 
                        Coal Wage Agreement.
          ``(3) Combined fund.--The term `Combined Fund' means 
        the United Mine Workers of America of America Combined 
        Benefit Fund established under section 9702 of the 
        Internal Revenue Code of 1986.
          ``(4) Qualified state.--The term `qualified State' 
        means a State--
                  ``(A) for which a certification is made under 
                subsection 411(a); and
                  ``(B) in which there are no public domain 
                lands, in the case of a State.''.
  (b) Clerical Amendment.--The table of contents in the first 
section of such Act is amended by inserting after the item 
relating to section 414 the following:

``415. Use of revenues from Coastal Plain of Alaska.''.

SEC. 204. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS TITLE.

  (a) Transition.--(1) Amounts allocated under section 
402(g)(2) of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1232(g)(2)) (excluding interest) prior to the 
date of enactment of this Act for the program set forth under 
section 406 of that Act (30 U.S.C. 1236), but not appropriated 
prior to such date, shall be available in fiscal year 2005 and 
thereafter for the payments referred to in section 402(h)(1) of 
such Act (30 U.S.C. 1232(h)), as amended by this Act, in the 
same manner as are other amounts available for such payments.
  (2) Notwithstanding any other provision of law, interest 
credited to the fund established by section 401 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) 
that is not transferred to the Combined Fund referred to in 
section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by 
this Act, prior to the date of enactment of this Act shall be 
available in fiscal year 2004 and thereafter for the payments 
referred to in section 402(h)(1) of such Act (30 U.S.C. 
1232(h)), as amended by this Act, in the same manner as are 
other amounts available for such payments.
  (3) Amounts shall be available as provided in paragraphs (1) 
and (2) only to the extent that the amounts payable under 
section 402(h)(1) of such Act without regard to the limitation 
in section 402(h)(2) of such Act exceed such limitation.
  (4) Amounts shall be available as provided in paragraphs (1) 
and (2) for any fiscal year only if the Secretary of the 
Interior reasonably expects that no premium will be required to 
be paid during such year under section 9704 of the Internal 
Revenue Code of 1986 by reason of payments under section 
415(c)(3) of this Act.
  (b) Inventory.--Within one year after the date of enactment 
of this Act, the Secretary of the Interior shall complete a 
review of all additions made, pursuant to amendments offered by 
States and Indians tribes after December 31, 1998, to the 
inventory referred to in section 403(c) of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)) to 
ensure that such additions reflect eligible lands and waters 
pursuant to section 404 of such Act (30 U.S.C. 1234) that meet 
the priorities set forth in paragraphs (1) and (2) of section 
403(a) of such Act (30 U.S.C. 1233(a)(1) and (2)), and are 
correctly identified pursuant to such priorities. Any lands or 
waters that were included in the inventory pursuant to the 
general welfare standard set forth in section 403(a) of such 
Act (30 U.S.C. 1233(a)) before the date of enactment of this 
Act that are determined in the review to no longer meet the 
criteria set forth in paragraphs (1) and (2) of section 403(a) 
of such Act, as amended by this Act, shall be removed from the 
inventory.
  (c) Clarification.--For the purposes of section 528(2) of the 
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1278(2)), the term ``government-financed'' shall not include 
funds made available under title IV of such Act.
  (d) Payment of Tribal.--(1) Notwithstanding any other 
provision of law and by not later than December 31, 2004, the 
Secretary of the Interior shall use amounts allocated under 
section 402(g)(2) of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1232(g)(2)) (excluding interest) prior 
to the date of enactment of this Act for the program set forth 
under section 406 of that Act (30 U.S.C. 1236), but not 
appropriated prior to such date, to pay an amount determined in 
accordance with paragraph (2) to any Indian tribe that has made 
the certification referred to in section 411 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a).
  (2) The payment to an Indian tribe under paragraph (1) shall 
not exceed the aggregate unappropriated amount allocated to 
such tribe under section 402(g)(1)(B) of such Act (43 U.S.C. 
1232(g)(1)(B)) as of the date of the enactment of this Act, and 
shall be made in lieu of payment of such aggregate allocated 
amount.
  (e) Remining.--
          (1) Extension of authority.--Section 511(e) of the 
        Surface Mining Control and Reclamation Act of 1977 (30 
        U.S.C. 1260(e)) is amended by striking ``2004'' and 
        inserting ``2019''.
          (2) Savings clause.--Except as provided in paragraph 
        (1), nothing in this section shall be considered to 
        modify or amend any provision of law governing coal 
        remining.
  (f) Ensuring Availability of Mineral Leasing Act Revenues.--
Section 949(a)(1) of the Energy Policy Act of 2004 is amended 
by inserting ``(A)'' before the first sentence, and by adding 
at the end the following:
          ``(B) Amounts derived from leases issued under the 
        Mineral Leasing Act shall be deposited under 
        subparagraph (A) for a fiscal year only to the extent 
        that amounts derived from leases issued under the Outer 
        Continental Shelf Lands Act and available for such 
        deposit for the fiscal year (after distribution of any 
        such funds as described in subsection (c)) are less 
        than $150,000,000.''.

         TITLE III--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986

SEC. 301. WAIVER OF PREMIUMS FOR CERTAIN OPERATORS.

  (a) In General.--Section 9704 of the Internal Revenue Code of 
1986 (relating to liability of assigned operators) is amended 
by adding after subsection (i) the following new subsection:
  ``(j) Waiver of Premiums for Certain Operators.--No premium 
shall be required to be paid under this section to the extent 
of the amount of such premium which is paid under section 415 
of the Surface Mining Control and Reclamation Act of 1977.''
  (b) Use of Amounts Paid From Abandoned Mine Reclamation 
Fund.--Paragraph (2) of section 9705(b) of such Code is amended 
to read as follows:
          ``(2) Use of funds.--Any amount transferred under 
        paragraph (1) for any fiscal year shall be used as 
        provided in such section 402(h) (as in effect on the 
        date of the enactment of the Abandoned Mine Lands 
        Reclamation Reform Act of 2004).''.

SEC. 302. PREPAYMENT OF PREMIUM LIABILITY FOR COAL INDUSTRY HEALTH 
                    BENEFITS.

  (a) In General.--Section 9704 of the Internal Revenue Code of 
1986 (relating to liability of assigned operators) is amended 
by adding at the end the following new subsection:
  ``(k) Prepayment of Premium Liability.--
          ``(1) In general.--If--
                  ``(A) a payment meeting the requirements of 
                paragraph (2) is made to the Combined Fund--
                          ``(i) by or on behalf of any assigned 
                        operator which is a member of a 
                        controlled group of corporations 
                        (within the meaning of section 52(a)) 
                        the common parent of which is a 
                        corporation the shares of which are 
                        publicly traded on a United States 
                        exchange, or
                          ``(ii) by or on behalf of any related 
                        person to any assigned operator within 
                        that controlled group of corporations, 
                        and
                  ``(B) the common parent of such group is 
                jointly and severally liable for any premium 
                which would (but for this subsection) be 
                required to be paid by any such operator,
        then no person (other than such common parent) shall be 
        liable for any premium for which any operator within 
        that controlled group of corporations would otherwise 
        be liable.
          ``(2) Requirements.--A payment meets the requirements 
        of this paragraph if--
                  ``(A) the amount of the payment is not less 
                than the present value of the total premium 
                liability of the assigned operator or operators 
                within that controlled group of corporations 
                for its or their assignees under this chapter 
                with respect to the Combined Fund (as 
                determined by the operator's enrolled actuary, 
                as defined in section 7701(a)(35)), using 
                actuarial methods and assumptions each of which 
                is reasonable and which are reasonable in the 
                aggregate, as determined by such enrolled 
                actuary;
                  ``(B) a signed actuarial report is filed with 
                the Secretary of Labor by such enrolled actuary 
                containing--
                          ``(i) the date of the actuarial 
                        valuation applicable to the report; and
                          ``(ii) a statement by the enrolled 
                        actuary signing the report that to the 
                        best of the actuary's knowledge the 
                        report is complete and accurate and 
                        that in the actuary's opinion the 
                        actuarial assumptions used are in the 
                        aggregate reasonably related to the 
                        experience of the operator and to 
                        reasonable expectations; and
                  ``(C) 30 calendar days have elapsed after the 
                report required by subparagraph (B) is filed 
                with the Secretary of Labor, and the Secretary 
                of Labor has not notified the assigned operator 
                in writing that the requirements of this 
                paragraph have not been satisfied.
          ``(3) Use of prepayment.--The Combined Fund shall 
        establish and maintain an account for each assigned 
        operator making such payment or on behalf of which such 
        payment was made (with earnings thereon) and use all 
        amounts in such account exclusively to pay premiums 
        that would (but for this subsection) be required to be 
        paid by the assigned operator. Upon termination of the 
        obligations for premium liability of any assigned 
        operator for which such account is maintained, all 
        funds remaining in such account (and earnings thereon) 
        shall be refunded to such entity as may be designated 
        by the common parent described in paragraph (1)(B).''.
  (b) Joint and Several Liability of Related Persons.--Section 
9711(c) of such Code is amended to read as follows:
  ``(c) Joint and Several Liability of Related Persons.--
          ``(1) Each related person of a last signatory 
        operator to which subsection (a) or (b) applies shall 
        be jointly and severally liable with the last signatory 
        operator for the provision of health care coverage 
        described in subsection (a) or (b), provided, however, 
        that an assigned operator who is a last signatory 
        operator under section 9711 and a member of a 
        controlled group of corporations (within the meaning of 
        section 52(a)) or a related person to any assigned 
        operator within that controlled group of corporations, 
        that has met the requirements of section 9704(k) (1) 
        and (2) and has provided security described in 
        paragraph 9711(c)(2), shall be relieved of all such 
        joint and several liability as of the date upon which 
        such requirements are met, provided, however, that the 
        common parent of such controlled group of corporations 
        shall remain liable for the provision of benefits 
        required to be provided under subsection (a) or (b).
          ``(2) Security meets the requirements of this 
        paragraph if--
                  ``(A) the security (in the form of a bond, 
                letter of credit or cash escrow) is provided to 
                the trustees of the 1992 UMWA Benefit Plan, 
                solely for the purpose of paying premiums for 
                beneficiaries described in section 
                9712(b)(2)(B), equal in amount to 1 year's 
                liability of the last signatory operator under 
                section 9711, determined by using the average 
                cost of such operator's liability during its 
                prior 3 calendar years;
                  ``(B) the security is in addition to any 
                other security required under any other 
                provision of this Act; and
                  ``(C) the security remains in place for 5 
                years.
          ``(3) Upon termination of the obligations of the last 
        signatory operator providing such security or the 
        expiration of 5 years, whichever occurs first, the full 
        amount of such security (and earnings thereon) shall be 
        refunded to the last signatory operator.''.
  (c) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act.

SEC. 303. DEFINITION OF SUCCESSOR IN INTEREST.

  (a) In General.--Subsection (c) of section 9701 of the 
Internal Revenue Code of 1986 is amended by adding at the end 
the following new paragraph:
          ``(8) Successor in interest.--
                  ``(A) Safe harbor.--The term `successor in 
                interest' shall not include any person--
                          ``(i) who is an unrelated person to a 
                        seller; and
                          ``(ii) who purchases for fair market 
                        value assets, or all the stock of a 
                        related person, in a bona fide, arm's-
                        length sale which is subject to section 
                        5 of the Securities Act of 1933 (15 
                        U.S.C. 77f et seq.) or the Securities 
                        Exchange Act of 1934 (15 U.S.C. 78a et 
                        seq.).
                  ``(B) Unrelated person.--The term `unrelated 
                person' means a purchaser who does not bear a 
                relationship to the seller described in section 
                267(b).''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to transactions after the date of the enactment of 
this Act.

                                  
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