Pub. L. 116-9, tit. I, subtit. B, sec. 1121 (as amended)
SAN JUAN COUNTY SETTLEMENT IMPLEMENTATION.
SEC. 1121. [30 U.S.C. 201 note] SAN JUAN COUNTY SETTLEMENT IMPLEMENTATION.
(a) Exchange of Coal Preference Right Lease Applications.—
(1) Definition of bidding right.—In this subsection, the term “bidding right” means an appropriate legal instrument or other written documentation, including an entry in an account managed by the Secretary, issued or created under subpart 3435 of title 43, Code of Federal Regulations, that may be used—
(A) in lieu of a monetary payment for 50 percent of a bonus bid for a coal lease sale under the Mineral Leasing Act (30 U.S.C. 181 et seq.); or
(B) as a monetary credit against 50 percent of any rental or royalty payments due under any Federal coal lease.
(2) Use of bidding right.—
(A) In general.—If the Secretary retires a coal preference right lease application under the Mineral Leasing Act (30 U.S.C. 181 et seq.) by issuing a bidding right in exchange for the relinquishment of the coal preference right lease application, the bidding right subsequently may be used in lieu of 50 percent of the amount owed for any monetary payment of—
(i) a bonus in a coal lease sale; or
(ii) rental or royalty under a Federal coal lease.
(B) Payment calculation.—
(i) In general.—The Secretary shall calculate a payment of amounts owed to a relevant State under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) based on the combined value of the bidding rights and amounts received.
(ii) Amounts received.—Except as provided in this paragraph, for purposes of calculating the payment of amounts owed to a relevant State under clause (i) only, a bidding right shall be considered amounts received.
(C) Requirement.—The total number of bidding rights issued by the Secretary under subparagraph (A) before October 1, 2029, shall not exceed the number of bidding rights that reflect a value equivalent to $67,000,000.
(3) Source of payments.—The Secretary shall make payments to the relevant State under paragraph (2) from monetary payments received by the Secretary when bidding rights are exercised under this section.
(4) Treatment of payments.—A payment to a State under this subsection shall be treated as a payment under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)).
(5) Transferability; limitation.—
(A) Transferability.—A bidding right issued for a coal preference right lease application under the Mineral Leasing Act (30 U.S.C. 181 et seq.) shall be fully transferable to any other person.
(B) Notification of secretary.—A person who transfers a bidding right shall notify the Secretary of the transfer by any method determined to be appropriate by the Secretary.
(C) Effective period.—
(i) In general.—A bidding right issued under the Mineral Leasing Act (30 U.S.C. 181 et seq.) shall terminate on the expiration of the 7-year period beginning on the date the bidding right is issued.
(ii) Tolling of period.—The 7-year period described in clause (i) 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.
(6) Deadline.—
(A) In general.—If an existing settlement of a coal preference right lease application has not been implemented as of the date of enactment of this Act, not later than 180 days after that date of enactment, the Secretary shall complete the bidding rights valuation process in accordance with the terms of the settlement.
(B) Date of valuation.—For purposes of the valuation process under subparagraph (A), the market price of coal shall be determined as of the date of the settlement.
(b) Certain Land Selections of the Navajo Nation.—
(1) Cancellation of certain selections.—The land selections made by the Navajo Nation pursuant to Public Law 93-531 (commonly known as the “Navajo-Hopi Land Settlement Act of 1974”) (88 Stat. 1712) that are depicted on the map entitled “Navajo-Hopi Land Settlement Act Selected Lands” and dated April 2, 2015, are cancelled.
(2) Authorization for new selection.—
(A) In general.—Subject to subparagraphs (B), (C), and (D) and paragraph (3), the Navajo Nation may make new land selections in accordance with the Act referred to in paragraph (1) to replace the land selections cancelled under that paragraph.
(B) Acreage cap.—The total acreage of land selected under subparagraph (A) shall not exceed 15,000 acres of land.
(C) Exclusions.—The following land shall not be eligible for selection under subparagraph (A):
(i) Land within a unit of the National Landscape Conservation System.
(ii) Land within—
(I) the Glade Run Recreation Area;
(II) the Fossil Forest Research Natural Area; or
(III) a special management area or area of critical environmental concern identified in a land use plan developed under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) that is in effect on the date of enactment of this Act.
(iii) Any land subject to a lease or contract under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Act of July 31, 1947 (commonly known as the “Materials Act of 1947”) (30 U.S.C. 601 et seq.) as of the date of the selection.
(iv) Land not under the jurisdiction of the Bureau of Land Management.
(v) Land identified as “Parcels Excluded from Selection” on the map entitled “Parcels excluded for selection under the San Juan County Settlement Implementation Act” and dated December 14, 2018.
(D) Deadline.—Not later than 7 years after the date of enactment of this Act, the Navajo Nation shall make all selections under subparagraph (A).
(E) Withdrawal.—Any land selected by the Navajo Nation under subparagraph (A) shall be withdrawn from disposal, leasing, and development until the date on which the selected land is placed into trust for the Navajo Nation.
(3) Equal value.—
(A) In general.—Notwithstanding the acreage limitation in the second proviso of section 11(c) of Public Law 93-531 (commonly known as the “Navajo-Hopi Land Settlement Act of 1974”) (25 U.S.C. 640d-10(c)) and subject to paragraph (2)(B), the value of the land selected under paragraph (2)(A) and the land subject to selections cancellation under paragraph (1) shall be equal, based on appraisals conducted under subparagraph (B).
(B) Appraisals.—
(i) In general.—The value of the land selected under paragraph (2)(A) and the land subject to selections cancelled under paragraph (1) shall be determined by appraisals conducted in accordance with—
(I) the Uniform Appraisal Standards for Federal Land Acquisitions; and
(II) the Uniform Standards of Professional Appraisal Practice.
(ii) Timing.—
(I) Land subject to selections cancelled.—Not later than 18 months after the date of enactment of this Act, the appraisal under clause (i) of the land subject to selections cancelled under paragraph (1) shall be completed.
(II) New selections.—The appraisals under clause (i) of the land selected under paragraph (2)(A) shall be completed as the Navajo Nation finalizes those land selections.
(4) Boundary.—For purposes of this subsection and the Act referred to in paragraph (1), the present boundary of the Navajo Reservation is depicted on the map entitled “Navajo Nation Boundary” and dated November 16, 2015.
(c) Designation of Ah-shi-sle-pah Wilderness.—
(1) [16 U.S.C. 1132 note] In general.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 7,242 acres of land as generally depicted on the map entitled “San Juan County Wilderness Designations” and dated April 2, 2015, is designated as wilderness and as a component of the National Wilderness Preservation System, which shall be known as the “Ah-shi-sle-pah Wilderness” (referred to in this subsection as the “Wilderness”).
(2) Management.—
(A) In general.—Subject to valid existing rights, the Wilderness shall be administered by the Director of the Bureau of Land Management in accordance with this subsection and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act.
(B) Adjacent management.—
(i) In general.—Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness.
(ii) Nonwilderness activities.—The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness.
(C) Incorporation of acquired land and interests in land.—Any land or interest in land that is within the boundary of the Wilderness that is acquired by the United States shall—
(i) become part of the Wilderness; and
(ii) be managed in accordance with—
(I) the Wilderness Act (16 U.S.C. 1131 et seq.);
(II) this subsection; and
(III) any other applicable laws.
(D) Grazing.—Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with—
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(ii) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(3) Release of wilderness study areas.—Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Ah-shi-sle-pah Wilderness Study Area not designated as wilderness by this subsection has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
(d) Expansion of Bisti/De-Na-Zin Wilderness.—
(1) [16 U.S.C. 1132 note] In general.—There is designated as wilderness and as a component of the National Wilderness Preservation System certain Federal land comprising approximately 2,250 acres, as generally depicted on the map entitled “San Juan County Wilderness Designations” and dated April 2, 2015, which is incorporated in and shall be considered to be a part of the Bisti/De-Na-Zin Wilderness.
(2) Administration.—Subject to valid existing rights, the land designated as wilderness by paragraph (1) shall be administered by the Director of the Bureau of Land Management (referred to in this subsection as the “Director”), in accordance with—
(A) the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and
(B) the San Juan Basin Wilderness Protection Act of 1984 (Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211).
(3) Adjacent management.—
(A) In general.—Congress does not intend for the designation of the land as wilderness by paragraph (1) to create a protective perimeter or buffer zone around that land.
(B) Nonwilderness activities.—The fact that nonwilderness activities or uses can be seen or heard from areas within the land designated as wilderness by paragraph (1) shall not preclude the conduct of the activities or uses outside the boundary of that land.
(4) Incorporation of acquired land and interests in land.—Any land or interest in land that is within the boundary of the land designated as wilderness by paragraph (1) that is acquired by the United States shall—
(A) become part of the Bisti/De-Na-Zin Wilderness; and
(B) be managed in accordance with—
(i) the Wilderness Act (16 U.S.C. 1131 et seq.);
(ii) the San Juan Basin Wilderness Protection Act of 1984 (Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211);
(iii) this subsection; and
(iv) any other applicable laws.
(5) Grazing.—Grazing of livestock in the land designated as wilderness by paragraph (1), where established before the date of enactment of this Act, shall be allowed to continue in accordance with—
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(B) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(e) Road Maintenance.—
(1) In general.—Subject to paragraph (2), the Secretary, acting through the Director of the Bureau of Indian Affairs, shall ensure that L-54 between I-40 and Alamo, New Mexico, is maintained in a condition that is safe for motorized use.
(2) Use of funds.—In carrying out paragraph (1), the Secretary and the Director of the Bureau of Indian Affairs may not require any Indian Tribe to use any funds—
(A) owned by the Indian Tribe; or
(B) provided to the Indian Tribe pursuant to a contract under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.).
(3) Road upgrade.—
(A) In general.—Nothing in this subsection requires the Secretary or any Indian Tribe to upgrade the condition of L-54 as of the date of enactment of this Act.
(B) Written agreement.—An upgrade to L-54 may not be made without the written agreement of the Pueblo of Laguna.
(4) Inventory.—Nothing in this subsection requires L-54 to be placed on the National Tribal Transportation Facility Inventory.
- Cross-references to the US Code
- 30 U.S.C. 201 note16 U.S.C. 1132 note
- Public laws referenced
- 93-53198-603