I 

113TH CONGRESS 

2D SESSION H. R. 5176 

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 

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. 

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 


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1 for relinquishment of the coal preference right lease appli2 cation, including, notwithstanding any other provision of 

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

4 dollar amount of any bidding right subsequently used in 

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

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

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

8 make payments under subsection (a) from monies that 

9 would otherwise be deposited to miscellaneous receipts 

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

11 191(a)) from revenues received under that section under 

12 Federal mineral leases. 

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

14 State under this section shall be treated for all purposes 

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

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

17 (d) TRANSFERABILITY; LIMITATION.— 

18 (1) TRANSFERABILITY.—A bidding right issued 

19 under this section shall be fully transferable to any 

20 other person. 

21 (2) NOTIFICATION OF SECRETARY.—A person 

22 who transfers such a bidding right shall notify the 

23 Secretary of the transfer by any method determined 

24 to be appropriate by the Secretary. 

25 (3) EFFECTIVE PERIOD.— 


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

2 under this section shall terminate upon the ex3 piration of the 5-year period beginning on the 

4 date it is issued. 

5 (B) TOLLING OF PERIOD.—Such 5-year 

6 period shall be tolled during any period in 

7 which exercise of the bidding right is precluded 

8 by temporary injunctive relief granted under, or 

9 administrative, legislative, or judicial suspension 

10 of, the Federal coal leasing program. 

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

12 term ‘‘bidding right’’ means an appropriate legal instru13 ment or other written documentation, including an entry 

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

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

16 that may be used— 

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

18 bid for a coal lease sale under the Mineral Leasing 

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

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

21 royalty payments due under any Federal coal lease. 

Æ 


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