Sec. 10. Coal leasing program
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The Mineral Leasing Act is amended by inserting after section 3 ( 30 U.S.C. 203 ) the following: The Secretary shall prepare, periodically revise, and maintain a coal leasing program to implement this Act. The leasing program shall consist of a schedule of proposed lease sales indicating, as precisely as practicable, the size, timing, and location of leasing activity that the Secretary determines will best meet national needs for the 5-year period following the approval or reapproval of the program.
The leasing program shall be prepared and maintained in a manner consistent with the following principles: Leasing activities for coal subject to this Act shall be conducted— to ensure receipt of fair market value for the land leased and the rights conveyed by the Federal Government; to maximize competition for Federal coal leases; and to maximize the financial return per ton of coal leased for taxpayers of the United States. Management of coal subject to this Act shall be conducted in a manner that considers— the economic, social, and environmental values of Federal land and the coal resource; and the potential impact of coal leasing on other resource values and the natural and human environments.
Timing and location of exploration, development, and production of coal among or within the coal-bearing physiographic regions shall be based on a consideration of— existing information concerning the geographical, geological, and ecological characteristics of the regions; an equitable sharing of developmental benefits and environmental risks among or within the various regions; the location of the regions with respect to, and the relative needs of, regional and national energy markets; the location of the regions with respect to other anticipated uses of the resources and space of the regions; the interest of potential coal producers in the development of coal resources as indicated by exploration or nomination; laws, goals, and policies of affected States that have been specifically identified by the Governors of the States as relevant matters for the consideration of the Secretary; the relative environmental sensitivity and natural productivity of different areas containing the coal; and relevant environmental and predictive information for the different areas.
The Secretary shall select the timing and location of leasing, to the maximum extent practicable, so as to obtain a proper balance between— the potential for environmental damage; the potential for the discovery of coal; and the potential for adverse impact on areas containing the coal. The Secretary shall develop the plan and manage coal leasing and development in a manner that considers the impact of coal leasing and development on climate change. The leasing program shall include estimates of the appropriations and staff required— to obtain resource information and any other information needed to prepare the leasing program required by this section; to analyze and interpret the exploratory data and any other information that may be compiled under this Act; to conduct environmental studies and prepare any environmental impact statement required in accordance with this Act and section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ); and to supervise operations conducted pursuant to each lease in the manner necessary to ensure due diligence in the exploration and development of the lease area and compliance with the requirement of applicable laws (including regulations) and with the terms of the lease.
During the preparation of any proposed leasing program under this section, the Secretary— shall invite and consider suggestions for the program from— any interested Federal agency, including the Department of Justice, in consultation with the Federal Trade Commission; and the Governor of any State that may become an affected State under the proposed program; and may invite or consider any suggestions from— the executive of any affected local government in an affected State, which have been previously submitted to the Governor of the State; and any other person.
After preparation and at least 60 days before publication of a proposed leasing program in the Federal Register pursuant to paragraph (3), the Secretary shall submit a copy of the proposed program to the Governor of each affected State for review and comment. The Governor of a State may solicit comments from the executives of local governments in the State that the Governor, at the discretion of the Governor, determines will be affected by the proposed program. If any comment by a Governor is received by the Secretary at least 15 days before submission to Congress pursuant to such paragraph
(3)and includes a request for any modification of the proposed program, the Secretary shall reply in writing— granting or denying the request in whole or in part; or granting the request in such modified form as the Secretary considers appropriate; and stating the reasons for the actions of the Secretary. All correspondence between the Secretary and Governor of any affected State under this paragraph, together with any additional information and data relating to the correspondence, shall accompany the proposed program when the proposed program is submitted to Congress. Not later than 270 days after the date of enactment of the COAL Reform Act of 2015 , the Secretary shall— submit a proposed leasing program to Congress, the Attorney General, and the Governors of affected States; and publish the proposed program in the Federal Register. A Governor shall, on request, submit a copy of the proposed leasing program to the executive of any local government affected by the proposed program. Not later than 90 days after the date of publication of a proposed leasing program, the Attorney General may, after consultation with the Federal Trade Commission, submit comments on the anticipated effects of the proposed program on competition. Any State, local government, or other person may submit comments and recommendations as to any aspect of the proposed program. At least 60 days before approving a proposed leasing program, the Secretary shall submit the proposed program to the President and Congress, together with any comments received. The submission shall indicate why any specific recommendation of the Attorney General or a State or local government was not accepted. Except as provided in subparagraph (B), after the leasing program has been approved by the Secretary or the date that is 18 months after the date of enactment of the COAL Reform Act of 2015 (whichever first occurs), no lease shall be issued under this Act unless the lease— is for an area included in the approved leasing program; and contains provisions that are consistent with the approved leasing program. Leasing shall be permitted to continue until the program is approved and while the program is under judicial or administrative review pursuant to this Act. The Secretary shall review the leasing program approved under this section at least once each year. The Secretary may revise and reapprove the leasing program at any time. The Secretary shall revise and reapprove the leasing program in the same manner at the original plan unless the revision is not significant, as determined by the Secretary. The Secretary shall, by regulation, establish procedures for— receipt and consideration of nominations for any area to be offered for lease or to be excluded from leasing; public notice of and participation in development of the leasing program; review by State and local governments that may be impacted by the proposed leasing; and periodic consultation with State and local governments, coal lessees and permittees, and representatives of other individuals or organizations engaged in activity in areas covered by leases. The procedures shall be applicable to any significant revision or reapproval of the leasing program. The Secretary may obtain from public sources, or purchase from private sources, any survey, data, report, or other information (including interpretations of such data, survey, report, or other information) that may be necessary to assist the Secretary in preparing any environmental impact statement and in making other evaluations required by this Act. Data of a classified nature provided to the Secretary under this subsection shall remain confidential for such period of time as agreed to by the head of the department or agency from whom the information is requested. The Secretary shall maintain the confidentiality of all privileged or proprietary data or information for such period of time as is provided for in this Act, established by regulation, or agreed to by the parties. The head of a Federal department or agency— shall provide the Secretary with any nonprivileged or nonproprietary information the Secretary requests to assist the Secretary in preparing the leasing program; and may provide the Secretary with any privileged or proprietary information the Secretary requests to assist the Secretary in preparing the leasing program. Privileged or proprietary information provided to the Secretary under this subsection shall remain confidential for such period of time as agreed to by the head of the department or agency from whom the information is requested. In carrying out this subsection, the Secretary may use the existing capabilities and resources of a Federal department or agency by appropriate agreement. Not later than 180 days after the date of enactment of the COAL Reform Act of 2015 , the Secretary shall issue such regulations as are necessary to carry out this section, including regulations that (to the maximum extent practicable)— minimize discretion by State offices of the Department of the Interior in conducting lease sales; and maximize the financial return for taxpayers of the United States. .
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