H.R. 794House108th Congress (2003-2005)In Committee

Coal Leasing Amendments Act of 2003

Introduced February 13, 2003

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Energy and Mineral Resources.

February 24, 2003

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HouseIntro Referral

Introduced in House

February 13, 2003

HouseIntro Referral

Referred to the House Committee on Resources.

February 13, 2003

HouseCommittee

Referred to the Subcommittee on Energy and Mineral Resources.

February 24, 2003

Floor Debate

24 members

What members said about H.R. 794 on the floor

12 Republicans12 Democrats
W. J. (Billy) Tauzin
Rep. W. J. (Billy) TauzinR-LA-3 · Apr 11, 2003

I thank the gentleman for yielding. I, too, will not object, Mr. Chairman; but let me hopefully make some points that are critical as we go forward not only in this conference committee to construct…

Ron Kind
Rep. Ron KindD-WI-3 · Apr 11, 2003

Mr. Chairman, I thank the gentlewoman for yielding me this time. I am the ranking member on the Subcommittee on Energy that has jurisdiction over this provision. I rise in support of the amendment.…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Apr 11, 2003

Mr. Chairman, I rise in support of the amendment being offered by the gentleman from Wisconsin, Ron Kind, the Ranking Member on the Subcommittee on Energy and Mineral Resources. There is no reason,…

Mark Udall
Rep. Mark UdallD-CO-2 · Apr 11, 2003

Mr. Chairman, I regret that I cannot support this legislation. I am glad we have had the opportunity to debate these issues--for the second time in nearly as many years--and I am glad that…

Lois Capps
Rep. Lois CappsD-CA-23 · Apr 11, 2003

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. I understand that Chairman Pombo has agreed to accept this amendment. I want to express my gratitude for…

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Barbara Cubin
Rep. Barbara CubinR-WY · Apr 11, 2003

Mr. Chairman, I rise in strong opposition today to the Kind amendment. This amendment will do nothing to enhance our national energy security. In fact, it will just preserve the insecurity that we…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Apr 11, 2003

Mr. Chairman, I rise in strong support of the Kind amendment and in opposition to H.R. 6. We need an energy policy that takes us forwards, not backwards. The Republican bill is not an energy policy.…

Jim Davis
Rep. Jim DavisD-FL-11 · Apr 11, 2003

Mr. Chairman, will the gentleman yield? I thank the gentleman for yielding, and I thank him for expressing his attention and his cooperation and good faith on this. There are legitimate concerns that…

Dennis Moore
Rep. Dennis MooreD-KS-3 · Apr 11, 2003

Mr. Chairman, we must reduce our nation's dependence on foreign oil. And while I believe our nation needs a comprehensive energy policy as a matter of national security, we also have an obligation to…

John D. Dingell
Rep. John D. DingellD-MI-15 · Apr 11, 2003

Mr. Speaker, I offer a motion to recommit. Most vigorously opposed, Mr. Speaker. Mr. Speaker, the motion to recommit directly addresses major concerns, and that is destruction of fish, wildlife…

Joe Barton
Rep. Joe BartonR-TX-6 · Apr 11, 2003

Mr. Chairman, I thank the gentleman from New York (Mr. Reynolds) for yielding me this time. Obviously, I rise in support of this Reynolds amendment, but I am really standing to just say in closing in…

Charles W. Stenholm
Rep. Charles W. StenholmD-TX-17 · Apr 11, 2003

Mr. Chairman, the time is long overdue for Congress to enact a balanced energy policy that ensures reliable and affordable energy for all Americans. Our nation's citizens deserve a comprehensive…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Apr 11, 2003

Mr. Chairman, will the gentleman yield? Mr. Chairman, the State of Virginia recently enacted a law to delay our utilities from joining a regional transmission organization until July 2004. There is…

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Richard W. Pombo
Rep. Richard W. PomboR-CA-11 · Apr 11, 2003

Yes, I do, Mr. Chairman. Mr. Chairman, I yield myself such time as I may consume. While I will not oppose the amendment by the gentlewoman from California this morning, I do think that there were…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Apr 11, 2003

Mr. Chairman, the Energy Policy Act of 2003 (H.R. 6) falls terribly short in preparing the United States for the future in terms of fiscal responsibility, environmental stewardship, and meeting our…

James L. Oberstar
Rep. James L. OberstarD-MN-8 · Apr 11, 2003

Mr. Chairman, I support the amendment offered by my colleagues, the gentleman from New York (Mr. Reynolds) and the gentleman from Michigan (Mr. Rogers). This important ``Sense of the Congress''…

Doug Ose
Rep. Doug OseR-CA-3 · Apr 11, 2003

Mr. Chairman, I regretfully rise to oppose this bill today. When President Bush introduced the National Energy Policy in 2001, I applauded the plan. The President laid out a comprehensive, balanced…

Jim Gibbons
Rep. Jim GibbonsR-NV-2 · Apr 11, 2003

Mr. Chairman, I thank the gentlewoman from Wyoming for yielding me this time, and I rise in opposition to the Rahall amendment. Despite what my colleagues have heard from the sponsor of this…

Thomas M. Reynolds
Rep. Thomas M. ReynoldsR-NY-26 · Apr 11, 2003

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. (Mr. REYNOLDS asked and was given permission to revise and extend his remarks.) Mr. Chairman, along with…

Roger F. Wicker
Rep. Roger F. WickerR-MS-1 · Apr 11, 2003

Mr. Chairman, I rise to specifically support section 16023 of H.R. 6, which clarifies state and federal jurisdiction over the regulation of electricity. When Congress enacted the Federal Power Act in…

Fortney Pete Stark
Rep. Fortney Pete StarkD-CA-13 · Apr 11, 2003

Mr. Chairman, I rise in opposition to this blatantly flawed energy bill. This bill isn't sound policy. It isn't forward thinking. It is a flat-out giveaway to the big energy companies. It puts…

Tom DeLay
Rep. Tom DeLayR-TX-22 · Apr 11, 2003

Mr. Chairman, I rise in support of the Energy Policy Act of 2003 and congratulate the leaders of all the Committees involved for reporting a comprehensive, balanced energy plan. This legislation will…

Chris Cannon
Rep. Chris CannonR-UT-3 · Apr 11, 2003

Mr. Chairman, I thank the gentlewoman for yielding me this time, and I rise in opposition to the Rahall amendment. Few people realize how significant coal is in the everyday lives of Americans. Only…

Jeff Miller
Rep. Jeff MillerR-FL-1 · Apr 11, 2003

Mr. Chairman, I thank my colleague from California for yielding me this time and I do want to associate myself with the chairman of the Committee on Energy and Commerce because I also believe we need…

Bill Text

Latest available legislative text

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Introduced in HouseIssued February 13, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 794 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 794

To amend the Mineral Leasing Act to provide for the development of
Federal coal resources.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 13, 2003

Mrs. Cubin introduced the following bill; which was referred to the
Committee on Resources

_______________________________________________________________________

A BILL

To amend the Mineral Leasing Act to provide for the development of
Federal coal resources.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Coal Leasing Amendments Act of
2003''.

SEC. 2. REPEAL OF THE 160-ACRE LIMITATION FOR COAL LEASES.

Section 3 of the Mineral Leasing Act (30 U.S.C. 203) is amended in
the first sentence by striking ``such lease,'' and all that follows
through the end of the sentence and inserting ``such lease.''.

SEC. 3. MINING PLANS.

Section 2(d)(2) of the Mineral Leasing Act (30 U.S.C. 202a(2)) is
amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) The Secretary may establish a period of more than 40 years if
the Secretary determines that the longer period--
``(i) will ensure the maximum economic recovery of a coal
deposit; or
``(ii) the longer period is in the interest of the orderly,
efficient, or economic development of a coal resource.''.

SEC. 4. PAYMENT OF ADVANCE ROYALTIES UNDER COAL LEASES.

(a) In General.--Section 7(b) of the Mineral Leasing Act of 1920
(30 U.S.C. 207(b)) is amended to read as follows:
``(b)(1) Each lease shall be subjected to the condition of diligent
development and continued operation of the mine or mines, except where
operations under the lease are interrupted by strikes, the elements, or
casualties not attributable to the lessee.
``(2)(A) The Secretary of the Interior, upon determining that the
public interest will be served thereby, may suspend the condition of
continued operation upon the payment of advance royalties.
``(B) Such advance royalties shall be computed based on the average
price for coal sold in the spot market from the same region during the
last month of each applicable continued operation year.
``(C) The aggregate number of years during the initial and any
extended term of any lease for which advance royalties may be accepted
in lieu of the condition of continued operation shall not exceed 20.
``(3) The amount of any production royalty paid for any year shall
be reduced (but not below zero) by the amount of any advance royalties
paid under such lease to the extent that such advance royalties have
not been used to reduce production royalties for a prior year.
``(4) This subsection shall be applicable to any lease or logical
mining unit in existence on the date of the enactment of this paragraph
or issued or approved after such date.
``(5) Nothing in this subsection shall be construed to affect the
requirement contained in the second sentence of subsection (a) relating
to commencement of production at the end of 10 years.''.
(b) Authority To Waive, Suspend, or Reduce Advance Royalties.--
Section 39 of the Mineral Leasing Act (30 U.S.C. 209) is amended by
striking the last sentence.

SEC. 5. ELIMINATION OF DEADLINE FOR SUBMISSION OF COAL LEASE OPERATION
AND RECLAMATION PLAN.

Section 7(c) of the Mineral Leasing Act (30 U.S.C. 207(c)) is
amended by striking ``and not later than three years after a lease is
issued,''.

SEC. 6. AMENDMENTS RELATING TO FINANCIAL ASSURANCES WITH RESPECT TO
BONUS BIDS.

(a) Prohibition on Requiring Surety Bonds.--Section 2(a) of the
Mineral Leasing Act (30 U.S.C. 201(a)) is amended by adding at the end
the following:
``(4) The Secretary shall not require a surety bond or any other
financial assurance to guarantee payment of deferred bonus bid
installments with respect to any coal lease issued based upon a cash
bonus bid.
``(5) Notwithstanding any other provision of law, if the lessee
under a coal lease fails to pay any installment of a deferred cash
bonus bid within 10 days after the Secretary provides written notice
that payment of such installment is past due--
``(A) such lease shall automatically terminate;
``(B) any deferred bonus payments that have not been paid
to the United States with respect to such lease shall no longer
be owed to the United States; and
``(C) any bonus payments already made to the United States
with respect to such lease shall not be returned to the lessee
or credited in any future lease sale.''.
(b) Conforming Amendment.--Section 2(a)(1) of the Mineral Leasing
Act (30 U.S.C. 201(a)(1)) is amended by striking ``Upon default or
cancellation of any coal lease for which bonus payments are due, any
unpaid remainder of the bid shall be immediately payable to the United
States.''.

SEC. 7. INVENTORY REQUIREMENT.

(a) Review of Assessments.--
(1) In general.--The Secretary of the Interior, in
consultation with the Secretary of Agriculture and the
Secretary of Energy, shall review coal assessments and other
available data to identify--
(A) public lands with coal resources;
(B) the extent and nature of any restrictions or
impediments to the development of coal resources on
public lands identified under paragraph (1); and
(C) with respect to areas of such lands for which
sufficient data exists, resources of compliant coal and
supercompliant coal.
(2) Definitions.--For purposes of this subsection--
(A) the term ``compliant coal'' means coal that
contains not less than 1.0 and not more than 1.2 pounds
of sulfur dioxide per million Btu; and
(B) the term ``supercompliant coal'' means coal
that contains less than 1.0 pounds of sulfur dioxide
per million Btu.
(b) Completion and Updating of the Inventory.--The Secretary--
(1) shall complete the inventory under subsection (a) by
not later than 2 years after the date of the enactment of this
Act; and
(2) shall update the inventory as the availability of data
and developments in technology warrant.
(c) Report.--The Secretary shall submit to the Committee on
Resources of the House of Representatives and to the Committee on
Energy and Natural Resources of the Senate and make publicly
available--
(1) a report containing the inventory under this section,
by not later than 2 years after the effective date of this
section; and
(2) each update of such inventory.

SEC. 8. APPLICATION OF AMENDMENTS.

The amendments made by this Act apply with respect to any coal
lease issued before, on, or after the date of the enactment of this
Act.
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