IB 

Union Calendar No. 535 

113TH CONGRESS 

2D SESSION H. R. 5176 

[Report No. 113–704] 

To authorize the Secretary of the Interior to retire coal preference right 

lease applications for which the Secretary has made an affirmative commercial quantities determination, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2014 

Mr. BEN RAY LUJA ́N of New Mexico (for himself and Mrs. LUMMIS) introduced the following bill; which was referred to the Committee on Natural 

Resources 

DECEMBER 22, 2014 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 5176 RH

A BILL 

To authorize the Secretary of the Interior to retire coal 

preference right lease applications for which the Secretary has made an affirmative commercial quantities 

determination, and for other purposes. 


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•HR 5176 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXCHANGE OF COAL PREFERENCE RIGHT 

4 LEASE APPLICATIONS. 

5 (a) IN GENERAL.—The Secretary of the Interior may 

6 retire any coal preference right lease application for which 

7 the Secretary has made an affirmative commercial quan8 tities determination, by issuing bidding rights in exchange 

9 for relinquishment of the coal preference right lease appli10 cation, including, notwithstanding any other provision of 

11 law, payment to the relevant State of 50 percent of the 

12 dollar amount of any bidding right subsequently used in 

13 lieu of any monetary payment of a bonus in a coal lease 

14 sale or of rental or royalty under a Federal coal lease. 

15 (b) SOURCE OF PAYMENTS.—The Secretary shall 

16 make payments under subsection (a) from monies that 

17 would otherwise be deposited to miscellaneous receipts 

18 under section 35(a) of the Mineral Leasing Act (30 U.S.C. 

19 191(a)) from revenues received under that section under 

20 Federal mineral leases. 

21 (c) TREATMENT OF PAYMENTS.—A payment to a 

22 State under this section shall be treated for all purposes 

23 as if it were a payment under section 35(a) of the Mineral 

24 Leasing Act (30 U.S.C. 191(a)). 

25 (d) TRANSFERABILITY; LIMITATION.— 


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•HR 5176 RH

1 (1) TRANSFERABILITY.—A bidding right issued 

2 under this section shall be fully transferable to any 

3 other person. 

4 (2) NOTIFICATION OF SECRETARY.—A person 

5 who transfers such a bidding right shall notify the 

6 Secretary of the transfer by any method determined 

7 to be appropriate by the Secretary. 

8 (3) EFFECTIVE PERIOD.— 

9 (A) IN GENERAL.—A bidding right issued 

10 under this section shall terminate upon the ex11 piration of the 5-year period beginning on the 

12 date it is issued. 

13 (B) TOLLING OF PERIOD.—Such 5-year 

14 period shall be tolled during any period in 

15 which exercise of the bidding right is precluded 

16 by temporary injunctive relief granted under, or 

17 administrative, legislative, or judicial suspension 

18 of, the Federal coal leasing program. 

19 (e) BIDDING RIGHT DEFINED.—In this section the 

20 term ‘‘bidding right’’ means an appropriate legal instru21 ment or other written documentation, including an entry 

22 in an account managed by the Secretary, issued or created 

23 under part 3435 of title 43, Code of Federal Regulations, 

24 that may be used— 


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•HR 5176 RH

1 (1) in lieu of a monetary payment for a bonus 

2 bid for a coal lease sale under the Mineral Leasing 

3 Act (30 U.S.C. 181 et seq,); or 

4 (2) as a monetary credit against any rental or 

5 royalty payments due under any Federal coal lease. 


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Union Calendar No. 535 

113TH CONGRESS 

2D SESSION H. R. 5176 

[Report No. 113–704] 

A BILL 

To authorize the Secretary of the Interior to retire 

poses. cial quantities determination, and for other purthe Secretary has made an affirmative commercoal preference right lease applications for which 

DECEMBER 22, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


smartinez on DSK4TPTVN1PROD with BILLS