II
109th CONGRESS
1st Session
S. 692
IN THE SENATE OF THE UNITED STATES
April 4, 2005
Mr. Domenici introduced the following bill; which was read twice and referred to the Committee on Indian Affairs
A BILL
To provide for the conveyance of certain public land in northwestern New Mexico by resolving a dispute associated with coal preference right lease interests on the land.
Short title
This Act may be cited as the
Bisti PRLA Dispute Resolution
Act
.
Withdrawal of coal preference right lease applications
In general
Notwithstanding any other provision of law, if any of the coal preference right lease applications captioned NMNM 3752, NMNM 3753, NMNM 3754, NMNM 3755, NMNM 3835, NMNM 3837, NMNM 3918, NMNM 3919, NMNM 6802, NMNM 7235, and NMNM 8745 are withdrawn by the holder or holders of the applications, the Secretary of the Interior, acting through the Bureau of Land Management (referred to in this Act as the Secretary), shall issue under section 4(a)(2) to each such holder or holders a certificate of bidding rights (in such form and manner as provided for under regulations promulgated by the Secretary under the Mineral Leasing Act (30 U.S.C. 181 et seq.)) that constitutes the combined fair market value, as determined under section 3, of the coal reserves for each coal preference right lease application withdrawn by the holder.
Relinquishment
The relinquishment of all rights associated with the coal preference lease applications withdrawn shall be effective on the date of the issuance of the certificate of bidding rights under section 4(a)(2).
No adjudication
The withdrawals and issuances required under subsection (a) shall occur without any further adjudication of coal preference right lease applications by the Secretary.
Method for determining fair market value
In general
Notwithstanding any other provision of law, this section shall apply to the issuance of a certificate of bidding rights under section 4(a)(2).
Value of coal reserves
In general
The fair market value of the coal reserves of any coal preference right lease application withdrawn under section 2(a) shall be determined by the panel established under paragraph (2).
Panel
Establishment
Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a panel to determine the fair market value of the coal reserves of any coal preference right lease applications withdrawn under section 2(a).
Membership
The panel shall be composed of 3 representatives, of whom—
1 representative shall be appointed by the Secretary;
1 representative shall be appointed by the holder of the preference right lease application; and
1 representative shall be appointed by the Governor of the State of New Mexico.
Mineral appraiser
The Secretary shall contract with a qualified coal reserve appraiser to assist the panel established under paragraph (2)(A) in determining the fair market value of a coal reserve.
Supplemental information
In determining the fair market value of a coal reserve, the panel may supplement any information provided to the panel, as the panel determines to be appropriate.
Determination
Not later than 75 days after the date on which the panel is established under paragraph (2)(A), the panel shall submit to the Secretary the determination of the panel with respect to the fair market value of a coal reserve of any coal preference right lease application withdrawn by the holder.
Issuance of bidding rights to holders of relinquished preference right lease applications
In general
Notwithstanding any other provision of law, not later than 120 days after the withdrawal of a coal preference right lease application, the Secretary shall—
accept the relinquishment of the rights associated with the coal preference right lease application; and
issue a certificate of bidding rights in the amount of the fair market value determined under section 3.
Enforcement
The duties of the Secretary under this section shall be considered nondiscretionary and enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code.
Use of exchange bidding rights
In general
Notwithstanding any other provision of law—
a certificate of bidding rights issued under section 4(a)(2) shall—
be subject to such procedures as the Secretary may establish pertaining to notice of transfer and accountings of holders and their balances;
be transferable by the holder or holders of the certificate of bidding rights in whole or in part; and
constitute a monetary credit that, subject to paragraph (2), may be applied, at the election of the holder or holders of the certificate of bidding rights, against—
rentals, advance royalties, or production royalties payable to the Secretary under Federal coal leases; and
bonus payments payable to the Secretary in the issuance of a Federal coal lease or Federal coal lease modification under the coal leasing provisions of the Mineral Leasing Act (30 U.S.C. 181 et seq.); and
in a case in which a certificate of bidding rights issued under section 4(a)(2) is applied by the holder or holders of the certificate of bidding rights as a monetary credit against a payment obligation under a Federal coal lease, the holder or holders—
may apply the bidding rights only against 50 percent of the amount payable under the lease; and
shall pay the remaining 50 percent as provided for under the lease in cash or cash equivalent.
Payment under lease obligations
Any payment of a Federal coal lease obligation by the holder or holders of a certificate of bidding rights issued under section 4(a)(2)—
shall be treated as money received under section 35 of the Mineral Leasing Act (30 U.S.C. 191); but
shall be credited and redistributed by the Secretary only as follows:
50 percent of the amount paid in cash or its equivalent shall be—
distributed to the State in which the lease is located; and
treated as a redistribution under section 35 of the Mineral Leasing Act (30 U.S.C. 191).
50 percent of the amount paid through a crediting of the bidding rights involved shall be treated as a payment that is subject to redistribution under that section to the Reclamation and Miscellaneous Receipts accounts in the Treasury.