562 
by the Secretary of the Interior, within 45 days after the 
claim holder’s receipt of the notice, shall constitute a for-
feiture of the mining claim, mill site, or tunnel site by the 
claim holder by operation of law. 
‘‘(k) FAILURE OF CO-OWNER TO CONTRIBUTE.— 
Upon the failure of any one of several co-owners of a claim 
to contribute the co-owner’s proportion of any claim main-
tenance fee required by this section, the co-owners who 
have paid the claim maintenance fee, at the expiration of 
the year in which any unpaid amount was due, may give 
such delinquent co-owner personal notice in writing or no-
tice by publication in the newspaper of record for the 
county in which the land that is subject to the claim or 
mill site is located, at least once a week for 90 days. If 
at the expiration of such 90-day period such delinquent 
co-owner fails or refuses to contribute the co-owner’s pro-
portion of the claim maintenance fee required by this sec-
tion, the co-owner’s interest in the claim shall become the 
property of the other co-owners who have paid the claim 
maintenance fee. The co-owners who have assumed the in-
terest in the claims shall notify the Secretary of the Inte-
rior within 30 days of the assumption. 
‘‘(l) OIL SHALE CLAIMS SUBJECT TO CLAIM MAIN-
TENANCE FEES UNDER ENERGY POLICY ACT OF 1992.— 
This section shall not apply to any oil shale claim for
563 
which a fee is required to be paid under section 2511(e)(2) 
of the Energy Policy Act of 1992 (30 U.S.C. 242). 
‘‘(m) GENERAL MINING LAW
OF
THE UNITED 
STATES DEFINED; RULE OF CONSTRUCTION.—(1) In this 
section the term ‘general mining law of the United States’ 
means the provisions of law codified in chapters 2, 12, 
12A, 15, and 16 of title 30, United States Code, and in 
sections 161 and 162 of such title. 
‘‘(2) Subsections (b) and (c) shall be construed in ac-
cordance with judicial decisions under section 314 of the 
Federal Land Policy and Management Act of 1976, as in 
effect before the enactment of those subsections.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) The Federal Land Policy and Management 
Act of 1976 is amended— 
(A) by striking section 314 (43 U.S.C. 
1744); 
(B) in the table of contents preceding title 
I by striking the item relating to section 314; 
and 
(C) in section 302(a) by striking ‘‘section 
314, section 603,’’ and inserting ‘‘section 603’’. 
(2) Section 22 of the Alaska Native Claims Set-
tlement Act is amended by striking ‘‘and section 314
564 
of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1744)’’. 
(3) Section 31(f) of the Mineral Leasing Act 
(30 U.S.C. 188(f)) is amended by striking ‘‘section 
314 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1744)’’ and inserting ‘‘sub-
sections (b) and (c) of section 2320 of the Revised 
Statutes (30 U.S.C. 23)’’. 
(4) Section 2511(e) of the Energy Policy Act of 
1992 (30 U.S.C. 242(e)) is amended by striking the 
last sentence. 
SEC. 6202. PATENTS FOR MINING OR MILL SITE CLAIMS. 
(a) REPEAL OF LIMITATION ON USE OF FUNDS FOR 
APPLICATIONS FOR PATENT.—Section 408(a) of the De-
partment of the Interior, Environment, and Related Agen-
cies Appropriations Act, 2006 (Public Law 109–54) is re-
pealed. 
(b) PAYMENT AMOUNTS.—The Revised Statutes are 
amended— 
(1) in section 2325 (30 U.S.C. 29) by striking 
‘‘five dollars per acre’’ and inserting ‘‘$1,000 per 
acre or fair market value, whichever is greater’’; 
(2) in section 2326 (30 U.S.C. 30) by striking 
‘‘five dollars per acre’’ and inserting ‘‘$1,000 per 
acre or fair market value, whichever is greater;’’;
565 
(3) in section 2333 (30 U.S.C. 37)— 
(A) by striking ‘‘five dollars per acre’’ and 
inserting ‘‘$1,000 per acre or fair market value, 
whichever is greater;’’; and 
(B) by striking ‘‘two dollars and fifty cents 
per acre’’ and inserting ‘‘$1,000 per acre or fair 
market value, whichever is greater’’; 
(4) in section 2337 (30 U.S.C. 42)— 
(A) in subsection (a) by striking ‘‘made at 
the same rate’’ and all that follows through the 
end of that sentence and inserting ‘‘at the rate 
of $1,000 per acre or fair market value, which-
ever is greater.’’; and 
(B) in subsection (b) by striking ‘‘made at 
the rate’’ and all that follows through the end 
of that sentence and inserting ‘‘at the rate of 
$1,000 per acre or fair market value, whichever 
is greater.’’; and 
(5) in section 2325 (30 U.S.C. 29) by adding 
at the end the following: ‘‘For purposes of this sec-
tion and sections 2326, 2333, and 2337 of the Re-
vised Statutes, fair market value for the patenting 
of mining claims or mill sites shall be determined by 
appraisals prepared by an appraiser certified or 
qualified under applicable professional criteria or
566 
State law, in accordance with the Uniform Appraisal 
Standards for Federal Land Acquisitions and the 
Uniform Standards of Professional Appraisal Prac-
tice, submitted by the applicant for a patent to the 
Secretary of the Interior upon application for patent, 
that is completed within 120 days prior to submis-
sion of the application for patent.’’. 
(c) MINERAL
DEVELOPMENT
WORK
REQUIRE-
MENTS.—Section 2325 of the Revised Statutes (30 U.S.C. 
29) is amended— 
(1) by striking ‘‘five hundred dollars’ ’’ and in-
serting ‘‘$7,500’’; and 
(2) by striking ‘‘labor has been expended’’ and 
inserting ‘‘mineral development work has been per-
formed’’. 
(d) PATENT APPLICANTS IN LIMBO.—If the holder 
of an unpatented mining claim or mill site submitted an 
application for a mineral patent and paid the patent serv-
ice charges required by regulation at the time the applica-
tion was submitted, and the Secretary of the Interior did 
not complete all actions to process the application before 
April 26, 1996, the holder of such claim may, at the hold-
er’s election, have such application processed under rules 
that applied before the date of the enactment of this Act.
567 
(e) ALTERNATIVE VALUABLE MINERAL DEPOSIT 
CRITERIA.—Section 2325 of the Revised Statutes is fur-
ther amended by inserting ‘‘(a) MANNER FOR OBTAINING 
PATENT, GENERALLY.—’’ before the first sentence, and 
by adding at the end the following: 
‘‘(b) ALTERNATIVE VALUABLE MINERAL DEPOSIT 
CRITERIA.— 
‘‘(1) CLAIMS
SUBJECT
TO
ONGOING
ACTIVI-
TIES.—The holder of an unpatented mining claim or 
mill site who is conducting mining activities that 
meet the definition of a mine under section 3(h) of 
the Federal Mine Safety and Health Act of 1972 
(30 U.S.C. 802(h)) and whose activities with respect 
to that claim or site are described in section 4 of 
such Act (30 U.S.C. 803) may receive a patent for 
any unpatented mining claims on which mining ac-
tivities are occurring or any mill sites, within the 
boundaries of an approved plan of operations or a 
comparable State or county approval. Upon con-
firmation by the Secretary that minerals being 
mined are locatable in accordance with Federal law 
and that actual sales of minerals have taken place, 
all Federal lands within those boundaries are eligible 
for patent upon compliance with this section and
568 
sections 2327 and 2329 of the Revised Statutes (30 
U.S.C. 34, 35). 
‘‘(2) DISCLOSED
CLAIMS
AND
MILL
SITES.— 
The holder of an unpatented mining claim or mill 
site whose proven and probable reserves are publicly 
disclosed in compliance with the Securities Act of 
1933 (15 U.S.C. 77a) or the Securities Exchange 
Act of 1934 (15 U.S.C. 78a) may receive a patent 
for any such unpatented mining claim containing 
such reserves or for any mill site within the bound-
aries of a plan of operations or a comparable State 
or county approval for such reserves. All Federal 
lands within those boundaries are eligible for patent 
upon compliance with this section and sections 2327 
and 2329 of the Revised Statutes (30 U.S.C. 34, 
35). 
‘‘(c) MINERAL EXAMINATIONS.— 
‘‘(1) IN GENERAL.—In order to process patent 
applications in a timely and responsible manner, 
upon the request of a patent applicant, the Sec-
retary of the Interior shall allow the applicant to 
fund a qualified third-party examiner from a list 
maintained by the Bureau of Land Management to 
conduct a mineral examination of the mining claims 
or mill sites contained in a patent application as set
569 
forth in this section and sections 2333 and 2337 of 
the Revised Statutes (30 U.S.C. 37, 42). The Bu-
reau of Land Management shall have the sole re-
sponsibility to maintain the list of qualified third- 
party examiners. 
‘‘(2) TRAINING.—The Director of the Bureau 
of Land Management shall provide training in the 
conduct of mineral examinations to qualified individ-
uals. The Director may charge fees to cover the 
costs of the training. 
‘‘(3) QUALIFIED THIRD-PARTY EXAMINER DE-
FINED.—In this subsection the term ‘qualified third- 
party examiner’ means a person who is a registered 
geologist or registered professional mining engineer 
licensed to practice within the State in which the 
claims are located. 
‘‘(d) DISPOSITION OF PROCEEDS.—The gross pro-
ceeds of conveyances of land under this section and sec-
tions 2319, 2330, 2332, 2333, and 2337 of the Revised 
Statutes (30 U.S.C. 22, 36, 37, 38, 42) shall be used as 
follows: 
‘‘(1) 10 percent shall be deposited into the Fed-
eral Energy and Mineral Resource Professional De-
velopment Fund.
570 
‘‘(2) 20 percent shall be available to the Sec-
retary of the Army for use, through the Corps of 
Engineers, for the Restoration of Abandoned Mine 
Sites Program and section 560 of the Water Re-
sources Development Act of 1999. 
‘‘(3) 70 percent shall be deposited into the Gen-
eral Fund of the Treasury. 
‘‘(e) ISSUING PATENTS.—If no adverse claim has 
been filed with the register and the receiver of the proper 
land office at the expiration of the 60-day period begin-
ning on the date of publication of the notice that an appli-
cation for mineral patent has been filed under section 
2325, 2333 and 2337 of the Revised Statutes (30 U.S.C. 
29, 37, 42), the Secretary shall issue the patent not later 
than 24 months after the date on which the application 
for patent was filed. 
‘‘(f) SMALL MINER PATENT ADJUDICATION
AND 
MINERAL DEVELOPMENT WORK REQUIREMENTS.—The 
holder of 10 claims or less who applies for a mineral pat-
ent under this section or a direct purchase under section 
2319 of the Revised Statutes (30 U.S.C. 22) shall pay 
one-fifth of the processing fees and perform one-fifth of 
the mineral development work required under this section 
and section 2319 (30 U.S.C. 22).’’.
571 
SEC. 6203. MINERAL EXAMINATIONS FOR MINING ON CER-
TAIN LANDS. 
Section 302 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1732) is amended by adding 
at the end the following: 
‘‘(e) The Secretary shall not require a mineral exam-
ination report, otherwise required to be prepared under 
regulations promulgated pursuant to this Act, to approve 
a plan of operations under such regulations for mining 
claims and mill sites located on withdrawn lands if such 
mining claims, mill sites, and blocks of such mining claims 
and mill sites are contiguous to patented or unpatented 
mining claims or mill sites where mineral development ac-
tivities, including mining, have been conducted as author-
ized by law or regulation.’’. 
SEC. 6204. MINERAL DEVELOPMENT LANDS AVAILABLE 
FOR PURCHASE. 
Section 2319 of the Revised Statutes (30 U.S.C. 22) 
is amended— 
(1) by inserting ‘‘(a) LANDS OPEN TO PUR-
CHASE BY CITIZENS.—’’ before the first sentence; 
and 
(2) by adding at the end the following: 
‘‘(b) 
AVAILABILITY
FOR
PURCHASE.—Notwith-
standing any other provision of law and in compliance with 
subsection (c), the Secretary of the Interior shall make
572 
mineral deposits and the lands that contain them, includ-
ing lands in which the valuable mineral deposit has been 
depleted, available for purchase to facilitate sustainable 
economic development. This subsection shall not apply 
with respect to any unit of the National Park System, Na-
tional Wildlife Refuge System, National Wild and Scenic 
Rivers System, or National Trails System, or to any Na-
tional Conservation Area, any National Recreation Area, 
any National Monument, or any unit of the National Wil-
derness Preservation System. 
‘‘(c) APPLICATION.—The holder of mining claims, 
mill sites, and blocks of such mining claims and mill sites 
contiguous to patented or unpatented mining claims or 
mill sites where mineral development activities, including 
mining, have been conducted as authorized by law or regu-
lation and on which mineral development work has been 
performed may apply to purchase Federal lands that are 
subject to the claims. The filing of the proper application 
shall include such processing fees as are required by sec-
tion 2325 of the Revised Statutes (30 U.S.C. 29). The 
applicant or applicants, or their predecessors must present 
evidence of mineral development work performed on the 
Federal lands identified and submitted for purchase. Min-
eral development work upon aggregation must average not
573 
less than $7,500 per mining claim or mill site within the 
Federal lands identified and applied for. 
‘‘(d) LAND SURVEYS.—For the purpose of this sec-
tion, and notwithstanding section 2334 of the Revised 
Statutes (30 U.S.C. 39), land surveys of the Federal lands 
applied for shall be paid for by the applicant and shall 
be completed either by a land surveyor registered in the 
State where the land is situated, or by such a surveyor 
also designated by the Bureau of Land Management as 
a mineral surveyor, if such mineral surveyors are avail-
able, willing, and able to complete such surveys without 
delay at a cost comparable to the charges of ordinary reg-
istered land surveyors. 
‘‘(e) DEADLINE
FOR CONVEYANCE; PRICE.—Not-
withstanding any other provision of law, and not later 
than one year after the date of the approval of any survey 
required under subsection (d), the Secretary of the Inte-
rior shall convey to the applicant, in return for a payment 
of $1,000 per acre or fair market value, whichever is 
greater, all right, title, and interest in and to the Federal 
land, subject to valid existing rights and the terms and 
conditions of the Act of August 30, 1890 (26 Stat. 391). 
For purposes of this subsection, fair market value for min-
eral development lands available for purchase shall be de-
termined by appraisals prepared by an appraiser certified
574 
or qualified under applicable professional criteria or State 
law, in accordance with the Uniform Appraisal Standards 
for Federal Land Acquisitions and the Uniform Standards 
of Professional Appraisal Practice, submitted by the appli-
cant to the Secretary of the Interior upon application for 
purchase, that is completed within 120 days prior to sub-
mission of the application. Fair market value for the inter-
est in the land owned by the United States shall be exclu-
sive of, and without regard to, the mineral deposits in the 
land or the use of such land for mineral activities. 
‘‘(f) ENVIRONMENTAL LIABILITY.—Notwithstanding 
any other Federal, State or local law, the United States 
shall not be responsible for— 
‘‘(1) investigating or disclosing the condition of 
any property to be conveyed under this section; and 
‘‘(2) environmental remediation, waste manage-
ment, or environmental compliance activities arising 
from its ownership, occupancy, or management of 
land and interests therein conveyed under this sec-
tion with respect to conditions existing at or on the 
land at the time of the conveyance. 
‘‘(g) MINERAL DEVELOPMENT WORK DEFINED.—In 
this section the term ‘mineral development work’ means 
geologic, geochemical or geophysical surveys; road build-
ing; exploration drilling, trenching, and exploratory sam-
575 
pling by any other means; construction of underground 
workings for the purpose of conducting exploration; mine 
development work; mineral production from underground 
or surface mines; environmental baseline studies; con-
struction of environmental protection and monitoring sys-
tems; environmental reclamation; construction of power 
and water distribution facilities; engineering, metallur-
gical, geotechnical, and economic feasibility studies; land 
surveys; and any other work reasonably incident to min-
eral development.’’. 
SEC. 6205. NATIONAL MINING AND MINERALS POLICY TO 
ENCOURAGE AND PROMOTE THE PRODUC-
TIVE SECOND USE OF LANDS. 
Section 101 of the Mining and Minerals Policy Act 
of 1970 (30 U.S.C. 21a) is amended— 
(1) in the first sentence— 
(A) in clause (2) by inserting ‘‘including 
through remining where appropriate’’ after 
‘‘needs,’’; 
(B) in clause (3) by striking ‘‘and’’ after 
the comma at the end; and 
(C) by striking the period at the end and 
inserting the following: ‘‘, and (5) facilitate the 
productive second use of lands used for mining 
and energy production.’’;
576 
(2) in the second sentence by striking ‘‘oil shale 
and uranium’’ and inserting ‘‘oil shale, and uranium, 
whether located onshore or offshore’’; and 
(3) in the third sentence— 
(A) by striking ‘‘the Secretary of the Inte-
rior’’ and inserting ‘‘the head of each Federal 
department and of each independent agency’’; 
and 
(B) by striking ‘‘his’’. 
SEC. 6206. REGULATIONS. 
The Secretary of the Interior shall issue final regula-
tions implementing this subtitle by not later than 180 days 
after the date of the enactment of this Act. 
SEC. 6207. PROTECTION OF NATIONAL PARKS AND WILDER-
NESS AREAS. 
Subject to valid existing rights, nothing in sections 
6202, 6203, 6204, 6205, and 6206 of this subtitle shall 
be construed as affecting any lands within the boundary 
of any unit of the National Park System, National Wildlife 
Refuge System, National Wild and Scenic Rivers System, 
or National Trails System, or any National Conservation 
Area, any National Recreation Area, any National Monu-
ment, or any unit of the National Wilderness Preservation 
System as of the date of the enactment of this Act.
577 
Subtitle C—Disposal of Public 
Lands 
CHAPTER 1—DISPOSAL OF CERTAIN 
PUBLIC LANDS IN NEVADA 
SEC. 6301. SHORT TITLE. 
This chapter may be cited as the ‘‘Northern Nevada 
Sustainable Development in Mining Act’’. 
SEC. 6302. DEFINITIONS. 
In this chapter: 
(1) CLAIMANT.—The term ‘‘Claimant’’ means 
Coeur Rochester, Inc. 
(2) COUNTY.—The term ‘‘County’’ means Per-
shing County, Nevada. 
(3) GENERAL MINING LAW.—The term ‘‘general 
mining law’’ means the provisions of law codified in 
chapters 2, 12, 12A, 15, and 16 of title 30, United 
States Code, and in sections 161 and 162 of such 
title. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 6303. LAND CONVEYANCE. 
(a) CONVEYANCE OF LAND.—Notwithstanding any 
other provision of law, and not later than 90 days after 
the date of the enactment of this Act, the Secretary shall 
convey to the Claimant, in return for a payment of $500
578 
per acre, all right, title, and interest, subject to the terms 
and conditions of subsection (c), in the approximately 
7,000 acres of Federal lands subject to Claimant’s mining 
claims maintained under the general mining law and de-
picted on the Rochester Sustainable Development Project 
map on file with the Committee on Resources of the House 
of Representatives. 
(b) EXEMPTION FROM REVIEW, ETC.—Any convey-
ance of land under this chapter is not subject to review, 
consultation, or approval under any other Federal law. 
(c) TERMS AND CONDITIONS OF CONVEYANCE.— 
(1) NO IMPACT ON LEGAL OBLIGATIONS.—Con-
veyance of the lands pursuant to subsection (a) shall 
not affect Claimant’s legal obligations to comply 
with applicable Federal mine closure or mine land 
reclamation laws, or with any other applicable Fed-
eral or State requirement relating to closure of the 
Rochester Mine and use of the land comprising such 
mine, including any requirement to prepare any en-
vironmental impact statement under the National 
Environmental Policy Act of 1969. Federal reclama-
tion and closure obligations shall not be construed to 
require removal of infrastructure identified by 
Claimant as being usable by a post-mining land use.
579 
(2) TITLE
TO
MATERIALS
AND
MINERALS.— 
Notwithstanding any other provision of law, Claim-
ant shall own and have title to all spent ore, waste 
rock and tailings, and other materials located on 
lands conveyed pursuant to subsection (a). 
(3) VALID EXISTING RIGHTS.—All lands con-
veyed pursuant to subsection (a) shall be subject to 
valid existing rights existing as of the date of trans-
fer of title, and Claimant shall succeed to the rights 
and obligations of the United States with respect to 
any mining claim, mill site claim, lease, right-of-way, 
permit, or other valid existing right to which the 
property is subject. 
(4) 
ENVIRONMENTAL
LIABILITY.—Notwith-
standing any other Federal, State or local law, the 
United States shall not be responsible for— 
(A) investigating or disclosing the condi-
tion of any property to be conveyed under this 
chapter; and 
(B) 
environmental 
remediation, 
waste 
management, or environmental compliance ac-
tivities arising from its ownership, occupancy, 
or management of land and interests therein 
conveyed under this chapter with respect to
580 
conditions existing at or on the land at the time 
of the conveyance. 
SEC. 6304. DISPOSITION OF PROCEEDS. 
The gross proceeds of conveyances of land under this 
chapter shall be used as follows: 
(1) Such sums as are necessary shall be used 
to cover 100 percent of the administrative costs, not 
to exceed $20,000, incurred by the Nevada State Of-
fice and the Winnemucca Field Office of the Bureau 
of Land Management in conducting the conveyance 
under this chapter. 
(2) $500,000 shall be paid directly to the State 
of Nevada for use in the State’s abandoned mined 
land program. 
(3) $100,000 shall be paid directly to Pershing 
County, Nevada. 
(4) Proceeds remaining after the payments pur-
suant to paragraphs (1) through (3) shall be depos-
ited in the general fund of the Treasury. 
CHAPTER 2—DISPOSAL OF CERTAIN 
PUBLIC LANDS IN IDAHO 
SEC. 6311. SHORT TITLE. 
This chapter may be cited as the ‘‘Central Idaho Sus-
tainable Development in Mining Act’’.
581 
SEC. 6312. DEFINITIONS. 
In this chapter: 
(1) CLAIMANT.—The term ‘‘Claimant’’ means 
TDS LLC, an affiliated company of L&W Stone 
Corporation. 
(2) COUNTY.—The term ‘‘County’’ means Cus-
ter County, Idaho. 
(3) GENERAL MINING LAW.—The term ‘‘general 
mining law’’ means the provisions of law codified in 
chapters 2, 12A, 15, and 16 of title 30, United 
States Code, and in sections 161 and 162 of such 
title. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 6313. LAND CONVEYANCE. 
(a) CONVEYANCE OF LAND.—Notwithstanding any 
other provision of law, and not later than 90 days after 
the date of the enactment of this Act, the Secretary shall 
convey to the Claimant, in return for a payment of $1,000 
per acre, all right, title, and interest, subject to the terms 
and conditions of subsection (c), in the approximately 
519.7 acres of Federal lands subject to Claimant’s mining 
claims maintained under the general mining law and de-
picted as ‘‘proposed land exchange alignment’’ on the Cen-
tral Idaho Sustainable Development Project map on file
582 
with the Committee on Resources of the House of Rep-
resentatives. 
(b) EXEMPTION FROM REVIEW, ETC.—Any convey-
ance of land under this chapter is not subject to review, 
consultation, or approval under any other Federal law. 
(c) TERMS AND CONDITIONS OF CONVEYANCE.— 
(1) TRANSFER
OF
FEE
TITLE
IN
FEDERAL 
LANDS.—Notwithstanding any other provision of 
law, full fee title in approximately 519.7 acres of 
Federal lands described in subsection (a) shall be 
transferred to Claimant as depicted as ‘‘proposed 
land exchange alignment’’ on the Central Idaho Sus-
tainable Development Project map. 
(2) VALID EXISTING RIGHTS.—All lands con-
veyed pursuant to subsection (a) shall be subject to 
valid existing rights existing as of the date of trans-
fer of title, and Claimant shall succeed to the rights 
and obligations of the United States with respect to 
any mining claim, mill site claim, lease, right-of-way, 
permit, or other valid existing right to which the 
property is subject. 
(3) 
ENVIRONMENTAL
LIABILITY.—Notwith-
standing any other Federal, State, or local law, the 
United States shall not be responsible for—
583 
(A) investigating or disclosing the condi-
tion of any property to be conveyed under this 
chapter; and 
(B) 
environmental 
remediation, 
waste 
management, or environmental compliance ac-
tivities arising from its ownership, occupancy, 
or management of land and interests therein 
conveyed under this chapter with respect to 
conditions existing at or on the land at the time 
of the conveyance. 
SEC. 6314. DISPOSITION OF PROCEEDS. 
Within one year of the completion of the conveyance 
under this chapter, the gross proceeds of the conveyance 
shall be used as follows: 
(1) Such sums as are necessary shall be used 
to cover 100 percent of the administrative costs, not 
to exceed $15,000, incurred by the Idaho State Of-
fice and the Challis Field Office of the Bureau of 
Land Management in conducting conveyances under 
this chapter. 
(2) $200,000 shall be paid directly to the State 
of Idaho for use in the State Parks program. 
(3) $200,000 shall be paid directly to Custer 
County, Idaho.
584 
(4) Proceeds remaining after the payments pur-
suant to paragraphs (1) through (3) shall be depos-
ited in the general fund of the Treasury. 
Subtitle D—Oil Shale 
SEC. 6401. OIL SHALE AND TAR SANDS AMENDMENTS. 
(a) COMMERCIAL LEASING OF OIL SHALE AND TAR 
SANDS.—Section 369(e) of the Energy Policy Act of 2005 
(Public Law 109–58) is amended to read as follows: 
‘‘(e) COMMENCEMENT OF COMMERCIAL LEASING OF 
OIL SHALE AND TAR SAND.—Not later than 365 days 
after publication of the final regulation required by sub-
section (d), the Secretary shall hold the first oil shale and 
tar sands lease sales under the regulation, offering for 
lease a minimum of 35 percent of the Federal lands that 
are geologically prospective for oil shale and tar sands 
within Colorado, Utah, and Wyoming. The environmental 
impact statement developed in support of the commercial 
leasing program for oil shale and tar sands as required 
by subsection (c) is deemed to provide adequate environ-
mental analysis for all oil shale and tar sands lease sales 
conducted within the first 10 years after promulgation of 
the regulation, and such sales shall not be subject to fur-
ther environmental analysis.’’. 
(b) REPEAL OF REQUIREMENT TO ESTABLISH PAY-
MENTS.—Section 369(o) of the Energy Policy Act of 2005
585 
(Public Law 109–58; 119 Stat. 728; 42 U.S.C. 15927) 
is repealed. 
(c) TREATMENT OF REVENUES.—Section 21 of the 
Mineral Leasing Act (30 U.S.C. 241) is amended by add-
ing at the end the following: 
‘‘(e) REVENUES.— 
‘‘(1) IN GENERAL.—Notwithstanding the provi-
sions of section 35, all revenues received from and 
under an oil shale or tar sands lease shall be dis-
posed of as provided in this subsection. 
‘‘(2) 
ROYALTY
RATES
FOR
COMMERCIAL 
LEASES.— 
‘‘(A) INITIAL PRODUCTION.—For the first 
10 years after initial production under each oil 
shale or tar sands lease issued under the com-
mercial leasing program established under sub-
section (d), the Secretary shall set the royalty 
rate at not less than 1 percent nor more than 
3 percent of the gross value of production. 
However, the initial production period royalty 
rate set by the Secretary shall not apply to pro-
duction occurring more than 15 years after the 
date of issuance of the lease. 
‘‘(B) SUBSEQUENT
PERIODS.—After the 
periods of time specified in subparagraph (A),
586 
the Secretary shall set the royalty rate on each 
oil shale or tar sands lease issued under the 
commercial leasing program established under 
subsection (d) at not less than 6 percent nor 
more than 9 percent of the gross value of pro-
duction. 
‘‘(C) REDUCTION.—The Secretary shall re-
duce any royalty otherwise required to be paid 
under subparagraphs (A) and (B) under any oil 
shale or tar sands lease on a sliding scale based 
upon market price, with a 10 percent reduction 
if the monthly average price of NYMEX West 
Texas Intermediate crude oil at Cushing, Okla-
homa, (WTI) drops below $50 (in 2005 dollars) 
for the month in which the production is sold, 
and an 80 percent reduction if the monthly av-
erage price of WTI drops below $30 (in 2005 
dollars) for the month in which the production 
is sold. 
‘‘(3) DISPOSITION OF REVENUES.— 
‘‘(A) DEPOSIT.—The Secretary shall de-
posit into a separate account in the Treasury 
all revenues derived from any oil shale or tar 
sands lease.
587 
‘‘(B) ALLOCATIONS TO STATES AND LOCAL 
POLITICAL SUBDIVISIONS.—The Secretary shall 
allocate 50 percent of the revenues deposited 
into the account established under subpara-
graph (A) to the State within the boundaries of 
which the leased lands are located, with a por-
tion of that to be paid directly by the Secretary 
to the State’s local political subdivisions as pro-
vided in this paragraph. 
‘‘(C) TRANSMISSION OF ALLOCATIONS.— 
‘‘(i) IN GENERAL.—Not later than the 
last business day of the month after the 
month in which the revenues were received, 
the Secretary shall transmit— 
‘‘(I) to each State two-thirds of 
such State’s allocations under sub-
paragraph (B), and in accordance 
with clauses (ii) and (iii) to certain 
county-equivalent and municipal polit-
ical subdivisions of such State a total 
of one-third of such State’s allocations 
under subparagraph (B), together 
with all accrued interest thereon; and 
‘‘(II) the remaining balance of 
such revenues deposited into the ac-
588 
count that are not allocated under 
subparagraph (B), together with in-
terest thereon, shall be transmitted to 
the miscellaneous receipts account of 
the Treasury, except that until a lease 
has been in production for 10 years 
80 percent of such remaining balance 
derived from a lease shall be paid in 
accordance with subclause (I). 
‘‘(ii) 
ALLOCATIONS
TO
CERTAIN 
COUNTY-EQUIVALENT POLITICAL SUBDIVI-
SIONS.—The Secretary shall under clause 
(i)(I) make equitable allocations of the rev-
enues to county-equivalent political sub-
divisions that the Secretary determines are 
closely associated with the leasing and pro-
duction of oil shale and tar sands, under a 
formula that the Secretary shall determine 
by regulation. 
‘‘(iii) ALLOCATIONS
TO
MUNICIPAL 
POLITICAL SUBDIVISIONS.—The initial al-
location to each county-equivalent political 
subdivision under clause (ii) shall be fur-
ther allocated to the county-equivalent po-
litical subdivision and any municipal polit-
589 
ical subdivisions located partially or wholly 
within the boundaries of the county-equiva-
lent political subdivision on an equitable 
basis under a formula that the Secretary 
shall determine by regulation. 
‘‘(D) INVESTMENT OF DEPOSITS.—The de-
posits in the Treasury account established 
under this section shall be invested by the Sec-
retary of the Treasury in securities backed by 
the full faith and credit of the United States 
having maturities suitable to the needs of the 
account and yielding the highest reasonably 
available interest rates as determined by the 
Secretary of the Treasury. 
‘‘(E) USE
OF
FUNDS.—A recipient of 
funds under this subsection may use the funds 
for any lawful purpose as determined by State 
law. Funds allocated under this subsection to 
States and local political subdivisions may be 
used as matching funds for other Federal pro-
grams without limitation. Funds allocated to 
local political subdivisions under this subsection 
may not be used in calculation of payments to 
such local political subdivisions under programs
590 
for payments in lieu of taxes or other similar 
programs. 
‘‘(F) NO ACCOUNTING REQUIRED.—No re-
cipient of funds under this subsection shall be 
required to account to the Federal Government 
for the expenditure of such funds, except as 
otherwise may be required by law. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) 
COUNTY-EQUIVALENT
POLITICAL 
SUBDIVISION.—The term ‘county-equivalent po-
litical subdivision’ means a political jurisdiction 
immediately below the level of State govern-
ment, including a county, parish, borough in 
Alaska, independent municipality not part of a 
county, parish, or borough in Alaska, or other 
equivalent subdivision of a State. 
‘‘(B) 
MUNICIPAL
POLITICAL
SUBDIVI-
SION.—The term ‘municipal political subdivi-
sion’ means a municipality located within and 
part of a county, parish, borough in Alaska, or 
other equivalent subdivision of a State.’’.
591 
Subtitle E—Ocean Energy 
Resources 
SEC. 6501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Ocean State Op-
tions Act of 2005’’. 
SEC. 6502. POLICY. 
It is the policy of the United States that— 
(1) Adjacent States are required by the cir-
cumstances to commit significant resources in sup-
port of exploration, development, and production ac-
tivities for mineral resources on the outer Conti-
nental Shelf, and it is fair and proper for a portion 
of the receipts from such activities to be shared with 
Adjacent States and their local coastal governments; 
(2) the existing laws governing the leasing and 
production of the mineral resources of the outer 
Continental Shelf have reduced the production of 
mineral resources, have preempted Adjacent States 
from being sufficiently involved in the decisions re-
garding the allowance of mineral resource develop-
ment, and have been harmful to the national inter-
est; 
(3) the national interest is served by granting 
the Adjacent States more options related to whether