Certainty for States and Tribes Act

Summary: Certainty for States and Tribes Act (Sec. 2)This bill directs the Department of the Interior to reestablish the Royalty Policy Committee, which must include members representing states and Indian tribes who produce minerals on federal or tribal land. In addition, Interior must establish a State and Tribal Resources Board, a subcommittee of the Royalty Policy Committee.  (Sec. 3)The board and committee must advise Interior as it formulates policies and regulations regarding mineral production on federal and tribal lands. Interior must delay issuing a final regulation for 180 days if the board determines that such regulation will have a negative state or tribal budgetary or economic impact. (Sec. 4)The Bureau of Land Management (BLM) must complete by January 15, 2019, its programmatic review of the federal coal leasing program as described in Secretarial Order 3338, dated January 15, 2016. Secretarial Order 3338 directed the BLM to prepare a discretionary review of the federal coal program.  The moratorium on the issuance of new federal coal leasesby the BLMshall terminate on January 16, 2019.Additionally, the bill allows leases and modifications to be issued by the BLM for any coalleasing application currently under review. Secretarial Order 3338 prohibited approval of such leases and modifications. (Sec. 6)The bill also directs the BLM toconduct federal coal lease sales and modifications within one year after it completes an environmental analysis of anapplication.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Certainty for States and Tribes 
Act''.

SEC. 2. RECONSTITUTION OF THE ROYALTY POLICY COMMITTEE.

    (a) In General.--The Secretary of the Interior shall, by not later 
than 90 days after the date of the enactment of this Act, reconstitute 
the Royalty Policy Committee as last chartered on March 26, 2010, 
except as otherwise provided in this Act.
    (b) Corrections and Updates.--In reconstituting the Committee, the 
Secretary shall make appropriate technical corrections and updates to 
the charter of the Committee, including the following:
            (1) Revision of all references to the Minerals Management 
        Service or Minerals Revenue Management so as to refer to the 
        Office of Natural Resources Revenue.
            (2) Revision of the estimated number and frequency of 
        meetings of the Committee to not less than once each year.
            (3) Revision of the non-Federal members of the Committee to 
        include--
                    (A) not fewer than 5 members representing Governors 
                of States that each receive more than $10,000,000 
                annually in royalty revenues from Federal leases; and
                    (B) not more than 5 members representing Indian 
                tribes that are mineral-producing Indian tribes under--
                            (i) the Act of May 11, 1938 (commonly known 
                        as the ``Indian Mineral Leasing Act of 1938'') 
                        (25 U.S.C. 396a et seq.);
                            (ii) title XXVI of the Energy Policy Act of 
                        1992 (25 U.S.C. 3501 et seq.);
                            (iii) the Indian Mineral Development Act of 
                        1982 (25 U.S.C. 2101 et seq.); or
                            (iv) any other law relating to mineral 
                        development that is specific to one or more 
                        Indian tribes.
            (4) Creation of a subcommittee of the Committee to be known 
        as the State and Tribal Resources Board, comprised of designees 
        of States' Governors and tribes participating as non-Federal 
        members of the reconstituted Committee.

SEC. 3. REVIEW OF REGULATIONS AND POLICIES THE ROYALTY POLICY COMMITTEE 
              ADVISORY ACTIVITIES SHOULD INCLUDE.

    (a) Consultation and Report.--Not later than 180 days after the 
date of the issuance by the Department of the Interior of any proposed 
regulation or policy related to mineral leasing policy for Federal or 
Indian land for exploration, development, or production of oil, gas, or 
coal (including valuation methodologies and royalty and lease rates for 
oil, gas, or coal), and not later than 180 days after the date of the 
enactment of this Act with respect to any proposed regulation of such 
Department relating to such policy that is pending as of the date of 
the enactment of this Act, the Committee shall--
            (1) assess the proposed regulation or policy; and
            (2) issue a report that describes the potential impact of 
        the proposed regulation or policy, including any State and 
        tribal economic impacts described in subsection (b).
    (b) State and Tribal Impact Determination.--
            (1) In general.--Before the date on which any proposed 
        regulation related to mineral leasing policy on Federal or 
        Indian land (including valuation methodologies and royalty and 
        lease rates for oil, gas, or coal) may be issued as a final 
        rule, the State and Tribal Resources Board shall publish a 
        determination of the impact of the regulation on school 
        funding, public safety, and other essential State or Indian 
        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 Secretary 
        shall, upon request by the Board, grant a delay of 180 days 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.
    (c) Revision of Proposed Regulation.--
            (1) In general.--Before the date on which any proposed 
        regulation related to mineral leasing policy on Federal or 
        Indian land (including valuation methodologies and royalty and 
        lease rates for oil, gas, or coal) is issued as a final rule, 
        the Secretary shall publish in the Federal Register, in the 
        same docket as such proposed regulation, a description of the 
        impacts determined by the Board in the report issued under 
        subsection (a)(2), the recommendations made by the Board (if 
        any) for mitigation of negative impacts determined by the Board 
        under subsection (b)(2), and a clear explanation of why such 
        recommendations of the Board were or were not incorporated in 
        the final regulation.
            (2) Final rule.--Any final regulation subject to paragraph 
        (1) must include--
                    (A) a summary of the report required under 
                subsection (a)(2); and
                    (B) a clear explanation of why the recommendations 
                of that report (including the State and tribal 
                determination) were or were not taken into account in 
                the finalization of the regulation.

SEC. 4. SPECIAL REVIEW OF PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.

    (a) Participants in Programmatic Review.--
            (1) In general.--In carrying out the programmatic review of 
        coal leasing as described in section 4 of the order of the 
        Secretary of the Interior entitled ``Discretionary Programmatic 
        Environmental Impact Statement to Modernize the Federal Coal 
        Program'', numbered 3338 and dated January 15, 2016, 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 Governor of each State in which more 
        than $10,000,000 in revenue is collected annually by the United 
        States as bonus bids, royalties, and rentals, and fees for 
        production of coal under leases of Federal land or Indian land 
        may each appoint not more than 3 representatives to a review 
        board for purposes of paragraph (1), at least one of whom shall 
        be a member of the State and Tribal Resources Board.
            (3) Deadline.--
                    (A) In general.--The Secretary shall complete the 
                programmatic review referred to in paragraph (1) not 
                later than January 15, 2019.
                    (B) Failure to meet deadline.--If the programmatic 
                review is not completed by the deadline described in 
                subparagraph (A), the programmatic review shall be 
                considered to be complete as of that deadline.
    (b) Termination of Other Programmatic Review.--No Federal funds may 
be used to carry out the programmatic review of coal leasing as 
described in subsection (a)(1) after January 15, 2019.
    (c) No Implementation Requirement.--Nothing in this section 
requires the Secretary to conduct or complete the programmatic review 
of coal leasing as described in subsection (a)(1) after January 20, 
2017.
    (d) Termination of Moratorium.--Effective January 16, 2019--
            (1) the pause or moratorium on the issuance of new Federal 
        coal leases under the Secretarial order referred to in 
        subsection (a)(1) is terminated; and
            (2) that Secretarial order shall have no force or effect.

SEC. 5. GRANDFATHERING OF COAL LEASES ON APPLICATION AND COAL LEASE 
              MODIFICATIONS.

    Nothing in the order of the Secretary of the Interior entitled 
``Discretionary Programmatic Environmental Impact Statement to 
Modernize the Federal Coal Program'', numbered 3338 and dated January 
15, 2016, shall be considered to prohibit or restrict any issuance of a 
coal lease on application or coal lease modification, pursuant to 
section 3432 of title 43, Code of Federal Regulations, for which the 
Bureau of Land Management has begun its review under section 102 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332) as of 
January 15, 2016.

SEC. 6. DEADLINE FOR COAL LEASE SALES AND MODIFICATIONS.

    Not later than 1 year after the date on which the Secretary 
completes the analysis required under section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332) for an application 
for a coal lease, or an application for a modification to a coal lease 
pursuant to subpart 3432 of part 3430 of title 43, Code of Federal 
Regulations (or successor regulations), accepted by the Secretary, the 
Secretary shall conduct the lease sale and issue the lease, or approve 
the modification, unless the applicant indicates in writing that the 
applicant no longer seeks the lease or modification to the lease.