S.Amdt. 3185

SA 3185. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:

At the end, add the following:

TITLE __--MINERAL ECONOMIC COMMITTEE

SEC. __01. MINERAL ECONOMIC COMMITTEE.

(a) In General.--In accordance with this section, the
Secretary of the Interior (referred to in this title as the
``Secretary'') shall establish a Mineral Economic Committee
(referred to in this title as the ``Committee'') in order to
further a more consultative process with key Federal, State,
tribal, environmental, and energy stakeholders.
(b) Purpose.--The purpose of the Committee shall be to
provide advice and guidance, through the Director of the
Office of Natural Resource Revenue, to the Secretary and the
Director of the Bureau of Land Management on the management
of Federal and Indian mineral leases and revenues under the
law governing the Department of the Interior.
(c) Activities.--The Committee shall--
(1) review and comment on revenue management and other
mineral- and energy-related policies; and
(2) provide a forum to convey the views of mineral lessees,
operators, revenue payers, revenue recipients, governmental
agencies, and public interest groups.
(d) Charter.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall form the Committee
in accordance with--
(1) the lapsed charter of the Royalty Policy Committee that
was signed by the Secretary on March 26, 2010; and
(2) this section.
(e) Membership.--
(1) In general.--To ensure fair and balanced representation
with consideration for the efficiency and fiscal economy of
the Committee, the Committee shall include--
(A) non-Federal members; and
(B) Federal members.
(2) Non-federal members.--
(A) Appointment.--The Secretary shall appoint to the
Committee non-Federal members in accordance with subparagraph
(B) and an alternate for each non-Federal member.
(B) Composition.--The non-Federal members of the Committee
shall be composed of the following:
(i) Not fewer than 5 Governors (or designees) of States
that receive over $10,000,000 annually in royalty revenues
from Federal mineral leases.
(ii) Not fewer than 5 representatives of Indian tribes
producing Federal oil, gas, or coal on the land of the Indian
tribes.
(iii) Not more than 5 representatives of various mineral or
energy interests.
(iv) Not more than 3 representatives of public interest
groups or nongovernmental organizations.
(C) Term.--
(i) In general.--Non-Federal members and the alternate for
each non-Federal member shall serve on the Committee for
staggered terms.
(ii) Duration.--

(I) In general.--Subject to subclause (II), each non-
Federal member and the alternate for each non-Federal member
shall serve on the Committee for not more than 3 years in
duration.
(II) Extension of term.--Notwithstanding subclause (I), in
the case of any new or reappointed non-Federal member of the
Committee with a term that expires in the same calendar year
as the terms of more than \1/3\ of the other non-Federal
members, the term of that new or reappointed non-Federal
member may be extended for an additional 1-year or 2-year
term.
(III) Term limit.--

(aa) In general.--A non-Federal member shall not serve on
the Committee for more than 6 consecutive calendar years.
(bb) Break in service.--A non-Federal member subject to the
term limit described in item (aa) shall be eligible for
reappointment not earlier than 2 years after the date on
which that non-Federal member discontinued service on the
Committee.
(D) Revocation of appointment.--The Secretary may revoke
the appointment of any non-Federal member or any alternate if
the appointed non-Federal member or alternate fails to attend
2 consecutive Committee meetings.
(3) Federal members.--
(A) In general.--The Federal members of the Committee shall
be nonvoting, ex-officio members of the Committee.
(B) Composition.--The Federal members of the Committee
shall be composed of--
(i) the Assistant Secretary of Indian Affairs (or a
designee);
(ii) the Director of the Bureau of Land Management (or a
designee);
(iii) the Director of the Office of Natural Resources
Revenue (or a designee);
(iv) the Chairperson and Ranking Member of the Committee on
Energy and Natural Resources of the Senate (or designees);
and
(v) the Chairperson and Ranking Member of the Committee on
Natural Resources of the House of Representatives (or
designees).
(f) Meetings.--The Committee shall meet--
(1) not less than once each calendar year; and
(2) to consider any pending or proposed regulation related
to--
(A) the management of Federal and Indian mineral leases and
revenues; and
(B) any other mineral- or energy-related policy.
(g) State and Tribal Resources Board.--
(1) In general.--The Committee shall establish a
subcommittee, to be known as the ``State and Tribal Resources
Board'', comprised of the members described in clauses (i)
and (ii) of subsection (e)(2)(B).
(2) Duration.--The State and Tribal Resources Board
established under paragraph (1) shall terminate on the date
that is 10 years after the date on which the Committee is
established under this section.
(h) Termination of Committee.--The Committee shall
terminate not later than 10 years after the date on which the
Committee is established under this section.
(i) Funding.--Funding made available to carry out this
section shall be available only to the extent and in the
amount provided in advance in appropriations Acts.

SEC. __02. PROPOSED REGULATIONS AND POLICIES.

(a) Consultation and Report.--Not later than 180 days after
the issuance of any proposed regulation or policy related to
mineral leasing policy on Federal land (including valuation
methodologies and royalty and lease rates for oil, gas, or
coal), including any proposed regulation that is pending as
of the date of enactment of this Act, the Committee shall--
(1) assess the proposed regulation or policy; and
(2) issue a report that describes the potential impact,
including any State and tribal impact described in subsection
(b), of the proposed regulation or policy.
(b) State and Tribal Impact Certification.--
(1) In general.--Before the date on which any regulation
related to mineral leasing policy on Federal land (including
valuation methodologies and royalty and lease rates for oil,
gas, or coal) is finalized, the State and Tribal Resources
Board shall certify the impact of the new regulation on
school funding, public safety, and other essential State or
tribal government services.
(2) Delay request.--If the State and Tribal Resources Board
determines that a regulation described in paragraph (1) will
have a negative State or tribal budgetary impact, the State
and Tribal Resources Board may request a delay in the
finalization of the regulation for the purposes of further--
(A) stakeholder consultation;
(B) budgetary review; and
(C) development of a proposal to mitigate the negative
economic impact.
(3) Limitation.--A delay in the finalization of a
regulation requested under paragraph (2) shall not exceed 180
days from the date on which the State and Tribal Resources
Board requested the delay in finalization.
(c) Revision of Proposed Regulation.--
(1) In general.--Before the date on which any regulation
related to mineral leasing policy on Federal land (including
valuation methodologies and royalty and lease rates for oil,
gas, or coal) is finalized, the Secretary shall revise the
proposed regulation to avoid any negative impact reported by
the Committee under subsection (a)(2).
(2) Final rule.--Any final rule revised under paragraph (1)
shall include the revisions made by the Secretary in
accordance with that paragraph.
(d) Funding for Committee Activities.--Funding made
available to carry out Committee activities under this
section shall be available only to the extent and in the
amount provided in advance in appropriations Acts.

SEC. __03. PROGRAMMATIC REVIEW.

(a) In General.--The programmatic review of coal leasing on
Federal land (as described in section 4 of the order of the
Secretary entitled ``Discretionary Programmatic Environmental
Impact Statement to Modernize

[[Page S493]]

the Federal Coal Program'', numbered 3338, and dated January
15, 2016) shall be completed not later than January 15, 2019.
(b) Participants in Programmatic Review.--
(1) In general.--In carrying out the programmatic review
described in subsection (a), 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.--The Governors of States in which more
than $10,000,000 in Federal coal revenues are collected
annually shall appoint not fewer than 3 representatives, 2 of
whom shall be members of the State and Tribal Resources
Board, to a review board that shall confer with the Secretary
in carrying out the programmatic review described in
subsection (a).
(c) Limitation.--No funds may be used to carry out the
programmatic review of coal leasing on Federal land described
in subsection (a) after January 15, 2019.
(d) No Implementation Requirement.--Nothing in this section
requires the Secretary to implement the programmatic review
of coal leasing on Federal land described in subsection (a)
after January 20, 2017.

SEC. __04. EMERGENCY LEASING OF COAL RESERVES ON FEDERAL
LAND.

(a) In General.--In response to an application under
subpart 3425 of part 3420 of subchapter C of chapter II of
subtitle B of title 43, Code of Federal Regulations (or
successor regulation), the Secretary may hold an emergency
lease sale for coal reserves on Federal land if the applicant
demonstrates that--
(1)(A) the coal reserves on Federal land are needed not
later than 5 years after the date on which the application is
submitted to the Secretary--
(i) to maintain an existing mining operation at a rate of
production, as of the date on which the application is
submitted to the Secretary, that is the average of the annual
production rates for the 5 calendar years before the date on
which the application is submitted to the Secretary; or
(ii) to supply coal for any contract signed before January
15, 2016, as substantiated by a complete copy of the supply
or delivery contract; or
(B) if the Secretary--
(i) does not lease the coal deposit on Federal land, that
coal deposit would be bypassed in the reasonably foreseeable
future; or
(ii) leases the coal deposit on Federal land, a portion of
the tract containing the coal deposit would be used not later
than 5 years after the date on which the application is
submitted to the Secretary; and
(2) the need for the coal on Federal land has resulted from
a circumstance--
(A) beyond the control of the applicant; or
(B) that could not have been reasonably foreseen in time to
allow the planning necessary for the consideration of leasing
the tract under section 3420.3 of title 43, Code of Federal
Regulations (or successor regulation).
(b) Length of Lease.--
(1) In general.--If an applicant qualifies for an emergency
lease under only clause (i) of subsection (a)(1)(A), the
emergency lease shall not exceed 8 years of recoverable
reserves at a rate of production not to exceed the average of
the annual production rates for the 5 calendar years before
the date on which the application is submitted to the
Secretary under subpart 3425 of part 3420 of subchapter C of
chapter II of subtitle B of title 43, Code of Federal
Regulations (or successor regulation).
(2) Higher rate of production.--If an applicant qualifies
for an emergency lease under clauses (i) and (ii) of
subsection (a)(1)(A), the higher rate of production shall
apply.
(c) Notice to Governor.--Not later than 90 days after the
date on which the Secretary receives an emergency lease
application, the Secretary shall provide notice of the
emergency lease application to the Governor of the affected
State.
______