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 com-
mercial 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) intro-
duced 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 Sec-
retary has made an affirmative commercial quantities 
determination, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. EXCHANGE OF COAL PREFERENCE RIGHT 
LEASE APPLICATIONS. 
(a) IN GENERAL.—The Secretary of the Interior may 
retire any coal preference right lease application for which 
the Secretary has made an affirmative commercial quan-
tities determination, by issuing bidding rights in exchange 
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for relinquishment of the coal preference right lease appli-
cation, including, notwithstanding any other provision of 
law, payment to the relevant State of 50 percent of the 
dollar amount of any bidding right subsequently used in 
lieu of any monetary payment of a bonus in a coal lease 
sale or of rental or royalty under a Federal coal lease. 
(b) SOURCE
OF PAYMENTS.—The Secretary shall 
make payments under subsection (a) from monies that 
would otherwise be deposited to miscellaneous receipts 
under section 35(a) of the Mineral Leasing Act (30 U.S.C. 
191(a)) from revenues received under that section under 
Federal mineral leases. 
(c) TREATMENT OF PAYMENTS.—A payment to a 
State under this section shall be treated for all purposes 
as if it were a payment under section 35(a) of the Mineral 
Leasing Act (30 U.S.C. 191(a)). 
(d) TRANSFERABILITY; LIMITATION.— 
(1) TRANSFERABILITY.—A bidding right issued 
under this section shall be fully transferable to any 
other person. 
(2) NOTIFICATION OF SECRETARY.—A person 
who transfers such a bidding right shall notify the 
Secretary of the transfer by any method determined 
to be appropriate by the Secretary. 
(3) EFFECTIVE PERIOD.— 
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(A) IN GENERAL.—A bidding right issued 
under this section shall terminate upon the ex-
piration of the 5-year period beginning on the 
date it is issued. 
(B) TOLLING
OF
PERIOD.—Such 5-year 
period shall be tolled during any period in 
which exercise of the bidding right is precluded 
by temporary injunctive relief granted under, or 
administrative, legislative, or judicial suspension 
of, the Federal coal leasing program. 
(e) BIDDING RIGHT DEFINED.—In this section the 
term ‘‘bidding right’’ means an appropriate legal instru-
ment or other written documentation, including an entry 
in an account managed by the Secretary, issued or created 
under part 3435 of title 43, Code of Federal Regulations, 
that may be used— 
(1) in lieu of a monetary payment for a bonus 
bid for a coal lease sale under the Mineral Leasing 
Act (30 U.S.C. 181 et seq,); or 
(2) as a monetary credit against any rental or 
royalty payments due under any Federal coal lease. 
Æ 
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