S.Amdt. 179

SA 179. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 47, to provide for the management of the natural
resources of the United States, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle B of title I, add the following:

SEC. 11__. SAN JUAN COUNTY SETTLEMENT IMPLEMENTATION.

(a) Exchange of Coal Preference Right Lease Applications.--
(1) Definition of bidding right.--In this subsection, the
term ``bidding right'' means an appropriate legal instrument
or other written documentation, including an entry in an
account managed by the Secretary, issued or created under
subpart 3435 of title 43, Code of Federal Regulations, that
may be used--
(A) in lieu of a monetary payment for 50 percent of a bonus
bid for a coal lease sale under the Mineral Leasing Act (30
U.S.C. 181 et seq.); or
(B) as a monetary credit against 50 percent of any rental
or royalty payments due under any Federal coal lease.
(2) Use of bidding right.--
(A) In general.--If the Secretary retires a coal preference
right lease application under the Mineral Leasing Act (30
U.S.C. 181 et seq.) by issuing a bidding right in exchange
for the relinquishment of the coal preference right lease
application, the bidding right subsequently may be used in
lieu of 50 percent of the amount owed for any monetary
payment of--
(i) a bonus in a coal lease sale; or
(ii) rental or royalty under a Federal coal lease.
(B) Payment calculation.--
(i) In general.--The Secretary shall calculate a payment of
amounts owed to a relevant State under section 35(a) of the
Mineral Leasing Act (30 U.S.C. 191(a)) based on the combined
value of the bidding rights and amounts received.
(ii) Amounts received.--Except as provided in this
paragraph, for purposes of calculating the payment of amounts
owed to a relevant State under clause (i) only, a bidding
right shall be considered amounts received.
(C) Requirement.--The total number of bidding rights issued
by the Secretary under subparagraph (A) before October 1,
2029, shall not exceed the number of bidding rights that
reflect a value equivalent to $67,000,000.
(3) Source of payments.--The Secretary shall make payments
to the relevant State under paragraph (2) from monetary
payments received by the Secretary when bidding rights are
exercised under this section.
(4) Treatment of payments.--A payment to a State under this
subsection shall be treated as a payment under section 35(a)
of the Mineral Leasing Act (30 U.S.C. 191(a)).
(5) Transferability; limitation.--
(A) Transferability.--A bidding right issued for a coal
preference right lease application under the Mineral Leasing
Act (30 U.S.C. 181 et seq.) shall be fully transferable to
any other person.
(B) Notification of secretary.--A person who transfers a
bidding right shall notify the Secretary of the transfer by
any method determined to be appropriate by the Secretary.
(C) Effective period.--
(i) In general.--A bidding right issued under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) shall terminate on the
expiration of the 7-year period beginning on the date the
bidding right is issued.
(ii) Tolling of period.--The 7-year period described in
clause (i) shall be tolled during any period in which
exercise of the bidding right is precluded by temporary
injunctive relief granted under, or administrative,
legislative, or judicial suspension of, the Federal coal
leasing program.
(6) Deadline.--
(A) In general.--If an existing settlement of a coal
preference right lease application has not been implemented
as of the date of enactment of this Act, not later than 180
days after that date of enactment, the Secretary shall
complete the bidding rights valuation process in accordance
with the terms of the settlement.
(B) Date of valuation.--For purposes of the valuation
process under subparagraph (A), the market price of coal
shall be determined as of the date of the settlement.
(b) Certain Land Selections of the Navajo Nation.--
(1) Cancellation of certain selections.--The land
selections made by the Navajo Nation pursuant to Public Law
93-531 (commonly known as the ``Navajo-Hopi Land Settlement
Act of 1974'') (25 U.S.C. 640d et seq.) that are depicted on
the map entitled ``Navajo-Hopi Land Settlement Act Selected
Lands'' and dated April 2, 2015, are cancelled.
(2) Authorization for new selection.--
(A) In general.--Subject to subparagraphs (B), (C), and (D)
and paragraph (3), the Navajo Nation may make new land
selections in accordance with the Act referred to in
paragraph (1) to replace the land selections cancelled under
that paragraph.
(B) Acreage cap.--The total acreage of land selected under
subparagraph (A) shall not exceed 15,000 acres of land.
(C) Exclusions.--The following land shall not be eligible
for selection under subparagraph (A):
(i) Land within a unit of the National Landscape
Conservation System.
(ii) Land within--

(I) the Glade Run Recreation Area;
(II) the Fossil Forest Research Natural Area; or
(III) a special management area or area of critical
environmental concern identified in a land use plan developed
under section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712) that is in effect on the date of
enactment of this Act.

(iii) Any land subject to a lease or contract under the
Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Act of
July 31, 1947 (commonly known as the ``Materials Act of
1947'') (30 U.S.C. 601 et seq.) as of the date of the
selection.
(iv) Land not under the jurisdiction of the Bureau of Land
Management.

[[Page S1172]]

(v) Land identified as ``Parcels Excluded from Selection''
on the map entitled ``Parcels excluded for selection under
the San Juan County Settlement Implementation Act'' and dated
December 14, 2018.
(D) Deadline.--Not later than 7 years after the date of
enactment of this Act, the Navajo Nation shall make all
selections under subparagraph (A).
(E) Withdrawal.--Any land selected by the Navajo Nation
under subparagraph (A) shall be withdrawn from disposal,
leasing, and development until the date on which the selected
land is placed into trust for the Navajo Nation.
(3) Equal value.--
(A) In general.--Notwithstanding the acreage limitation in
the second proviso of section 11(c) of Public Law 93-531
(commonly known as the ``Navajo-Hopi Land Settlement Act of
1974'') (25 U.S.C. 640d-10(c)) and subject to paragraph
(2)(B), the value of the land selected under paragraph (2)(A)
and the land subject to selections cancellation under
paragraph (1) shall be equal, based on appraisals conducted
under subparagraph (B).
(B) Appraisals.--
(i) In general.--The value of the land selected under
paragraph (2)(A) and the land subject to selections cancelled
under paragraph (1) shall be determined by appraisals
conducted in accordance with--

(I) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(II) the Uniform Standards of Professional Appraisal
Practice.

(ii) Timing.--

(I) Land subject to selections cancelled.--Not later than
18 months after the date of enactment of this Act, the
appraisal under clause (i) of the land subject to selections
cancelled under paragraph (1) shall be completed.
(II) New selections.--The appraisals under clause (i) of
the land selected under paragraph (2)(A) shall be completed
as the Navajo Nation finalizes those land selections.

(4) Boundary.--For purposes of this subsection and the Act
referred to in paragraph (1), the present boundary of the
Navajo Reservation is depicted on the map entitled ``Navajo
Nation Boundary'' and dated November 16, 2015.
(c) Designation of Ah-shi-sle-pah Wilderness.--
(1) In general.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 7,242 acres of land
as generally depicted on the map entitled ``San Juan County
Wilderness Designations'' and dated April 2, 2015, is
designated as wilderness and as a component of the National
Wilderness Preservation System, which shall be known as the
``Ah-shi-sle-pah Wilderness'' (referred to in this subsection
as the ``Wilderness'').
(2) Management.--
(A) In general.--Subject to valid existing rights, the
Wilderness shall be administered by the Director of the
Bureau of Land Management in accordance with this subsection
and the Wilderness Act (16 U.S.C. 1131 et seq.), except that
any reference in that Act to the effective date of that Act
shall be considered to be a reference to the date of
enactment of this Act.
(B) Adjacent management.--
(i) In general.--Congress does not intend for the
designation of the Wilderness to create a protective
perimeter or buffer zone around the Wilderness.
(ii) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within the
Wilderness shall not preclude the conduct of the activities
or uses outside the boundary of the Wilderness.
(C) Incorporation of acquired land and interests in land.--
Any land or interest in land that is within the boundary of
the Wilderness that is acquired by the United States shall--
(i) become part of the Wilderness; and
(ii) be managed in accordance with--

(I) the Wilderness Act (16 U.S.C. 1131 et seq.);
(II) this subsection; and
(III) any other applicable laws.

(D) Grazing.--Grazing of livestock in the Wilderness, where
established before the date of enactment of this Act, shall
be allowed to continue in accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in the report of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress
(H. Rept. 96-617).
(3) Release of wilderness study areas.--Congress finds
that, for the purposes of section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the
land within the Ah-shi-sle-pah Wilderness Study Area not
designated as wilderness by this subsection has been
adequately studied for wilderness designation and is no
longer subject to section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)).
(d) Expansion of Bisti/De-Na-Zin Wilderness.--
(1) In general.--There is designated as wilderness and as a
component of the National Wilderness Preservation System
certain Federal land comprising approximately 2,250 acres, as
generally depicted on the map entitled ``San Juan County
Wilderness Designations'' and dated April 2, 2015, which is
incorporated in and shall be considered to be a part of the
Bisti/De-Na-Zin Wilderness.
(2) Administration.--Subject to valid existing rights, the
land designated as wilderness by paragraph (1) shall be
administered by the Director of the Bureau of Land Management
(referred to in this subsection as the ``Director''), in
accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.), except
that any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(B) the San Juan Basin Wilderness Protection Act of 1984
(Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211).
(3) Adjacent management.--
(A) In general.--Congress does not intend for the
designation of the land as wilderness by paragraph (1) to
create a protective perimeter or buffer zone around that
land.
(B) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within the
land designated as wilderness by paragraph (1) shall not
preclude the conduct of the activities or uses outside the
boundary of that land.
(4) Incorporation of acquired land and interests in land.--
Any land or interest in land that is within the boundary of
the land designated as wilderness by paragraph (1) that is
acquired by the United States shall--
(A) become part of the Bisti/De-Na-Zin Wilderness; and
(B) be managed in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et seq.);
(ii) the San Juan Basin Wilderness Protection Act of 1984
(Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211);
(iii) this subsection; and
(iv) any other applicable laws.
(5) Grazing.--Grazing of livestock in the land designated
as wilderness by paragraph (1), where established before the
date of enactment of this Act, shall be allowed to continue
in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in the report of the Committee
on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress
(H. Rept. 96-617).
(e) Road Maintenance.--
(1) In general.--Subject to paragraph (2), the Secretary,
acting through the Director of the Bureau of Indian Affairs,
shall ensure that L-54 between I-40 and Alamo, New Mexico, is
maintained in a condition that is safe for motorized use.
(2) Use of funds.--In carrying out paragraph (1), the
Secretary and the Director of the Bureau of Indian Affairs
may not require any Indian Tribe to use any funds--
(A) owned by the Indian Tribe; or
(B) provided to the Indian Tribe pursuant to a contract
under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304 et seq.).
(3) Road upgrade.--
(A) In general.--Nothing in this subsection requires the
Secretary or any Indian Tribe to upgrade the condition of L-
54 as of the date of enactment of this Act.
(B) Written agreement.--An upgrade to L-54 may not be made
without the written agreement of the Pueblo of Laguna.
(4) Inventory.--Nothing in this subsection requires L-54 to
be placed on the National Tribal Transportation Facility
Inventory.
______