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‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary to carry out section 3102(a)(2)— 
‘‘(1) $300,000,000 for fiscal year 2007; 
‘‘(2) $100,000,000 for fiscal year 2008; 
‘‘(3) $40,000,000 for fiscal year 2009; 
‘‘(4) $30,000,000 for fiscal year 2010; and 
‘‘(5) $30,000,000 for fiscal year 2011. 
‘‘(d) APPLICABILITY.—No technology, or level of emission reduc-
tion under subsection (a)(2) shall be treated as adequately dem-
onstrated for purpose of Section 111 of the Clean Air Act (42 
U.S.C. 7411), achievable for purposes of section 169 of that Act 
(42 U.S.C. 7479), or achievable in practice for purposes of section 
171 of that Act (42 U.S.C. 7501) solely by reason of the use of 
such technology, or the achievement of such emission reduction, 
by one or more facilities receiving assistance under section 
3102(a)(2).’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents 
of the Energy Policy Act of 1992 (42 U.S.C. prec. 13201) is amended 
by adding at the end the following:
‘‘TITLE XXXI—CLEAN AIR COAL PROGRAM 
‘‘Sec. 3101. Purposes. 
‘‘Sec. 3102. Authorization of program. 
‘‘Sec. 3103. Generation projects. 
‘‘Sec. 3104. Air quality enhancement program.’’.
Subtitle D—Federal Coal Leases 
SEC. 431. SHORT TITLE. 
This subtitle may be cited as the ‘‘Coal Leasing Amendments 
Act of 2005’’. 
SEC. 432. REPEAL OF THE 160-ACRE LIMITATION FOR COAL LEASES. 
Section 3 of the Mineral Leasing Act (30 U.S.C. 203) is 
amended— 
(1) in the first sentence, by striking ‘‘Any person’’ and 
inserting the following: ‘‘(a)(1) Except as provided in paragraph 
(3), on a finding by the Secretary under paragraph (2), any 
person’’; 
(2) in the second sentence, by striking ‘‘The Secretary’’ 
and inserting the following: 
‘‘(b) The Secretary’’; 
(3) in the third sentence, by striking ‘‘The minimum’’ and 
inserting the following: 
‘‘(c) The minimum’’; 
(4) in subsection (a) (as designated by paragraph (1))— 
(A) by striking ‘‘upon’’ and all that follows and inserting 
the following: ‘‘secure modifications of the original coal 
lease by including additional coal lands or coal deposits 
contiguous or cornering to those embraced in the lease.’’; 
and 
(B) by adding at the end the following: 
‘‘(2) A finding referred to in paragraph (1) is a finding by 
the Secretary that the modifications— 
‘‘(A) would be in the interest of the United States; 
‘‘(B) would not displace a competitive interest in the lands; 
and
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‘‘(C) would not include lands or deposits that can be devel-
oped as part of another potential or existing operation. 
‘‘(3) In no case shall the total area added by modifications 
to an existing coal lease under paragraph (1)— 
‘‘(A) exceed 960 acres; or 
‘‘(B) add acreage larger than that in the original lease.’’. 
SEC. 433. APPROVAL OF LOGICAL MINING UNITS. 
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. 434. PAYMENT OF ADVANCE ROYALTIES UNDER COAL LEASES. 
Section 7(b) of the Mineral Leasing Act (30 U.S.C. 207(b)) 
is amended— 
(1) in the first sentence, by striking ‘‘Each lease’’ and 
inserting the following: ‘‘(1) Each lease’’; 
(2) in the second sentence, by striking ‘‘The Secretary’’ 
and inserting the following: 
‘‘(2) The Secretary’’; 
(3) in the third sentence, by striking ‘‘Such advance royal-
ties’’ and inserting the following: 
‘‘(3) Advance royalties described in paragraph (2)’’; 
(4) in the seventh sentence, by striking ‘‘The Secretary’’ 
and inserting the following: 
‘‘(6) The Secretary’’; 
(5) in the last sentence, by striking ‘‘Nothing’’ and inserting 
the following: 
‘‘(7) Nothing’’; 
(6) by striking the fourth, fifth, and sixth sentences; and 
(7) by inserting after paragraph (3) (as designated by para-
graph (3)) the following: 
‘‘(4) Advance royalties described in paragraph (2) shall be com-
puted— 
‘‘(A) based on— 
‘‘(i) the average price in the spot market for sales 
of comparable coal from the same region during the last 
month of each applicable continued operation year; or 
‘‘(ii) in the absence of a spot market for comparable 
coal from the same region, by using a comparable method 
established by the Secretary of the Interior to capture 
the commercial value of coal; and 
‘‘(B) based on commercial quantities, as defined by regula-
tion by the Secretary of the Interior. 
‘‘(5) The aggregate number of years during the period of any 
lease for which advance royalties may be accepted in lieu of the 
condition of continued operation shall not exceed 20 years. 
‘‘(6) The amount of any production royalty paid for any year 
shall be reduced (but not below 0) by the amount of any advance 
royalties paid under a lease described in paragraph (5) to the
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extent that the advance royalties have not been used to reduce 
production royalties for a prior year.’’. 
SEC. 435. 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. 436. AMENDMENT RELATING TO FINANCIAL ASSURANCES WITH 
RESPECT TO BONUS BIDS. 
Section 2(a) of the Mineral Leasing Act (30 U.S.C. 201(a)) 
is amended by adding at the end the following: 
‘‘(4)(A) 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 on a cash 
bonus bid to a lessee or successor in interest having a history 
of a timely payment of noncontested coal royalties and advanced 
coal royalties in lieu of production (where applicable) and bonus 
bid installment payments. 
‘‘(B) The Secretary may waive any requirement that a lessee 
provide a surety bond or other financial assurance to guarantee 
payment of deferred bonus bid installment with respect to any 
coal lease issued before the date of the enactment of the Energy 
Policy Act of 2005 only if the Secretary determines that the lessee 
has a history of making timely payments referred to in subpara-
graph (A). 
‘‘(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 the installment is past due— 
‘‘(A) the lease shall automatically terminate; and 
‘‘(B) any bonus payments already made to the United States 
with respect to the lease shall not be returned to the lessee 
or credited in any future lease sale.’’. 
SEC. 437. INVENTORY REQUIREMENT. 
(a) REVIEW OF ASSESSMENTS.— 
(1) IN GENERAL.—The Secretary of the Interior, in consulta-
tion with the Secretary of Agriculture and the Secretary, shall 
review coal assessments and other available data to identify— 
(A) Federal lands with coal resources that are available 
for development; 
(B) the extent and nature of any restrictions on the 
development of coal resources on Federal lands identified 
under paragraph (1); and 
(C) with respect to areas of such lands for which suffi-
cient data exists, resources of compliant coal and super-
compliant 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 Sec-
retary—