What This Bill Does
This bill requires the Secretary of the Interior to approve certain coal lease applications that are pending review. The bill also eliminates a 2016 order that governed federal coal leasing practices. The bill aims to move pending coal lease applications forward promptly.
Who It Affects
People or companies who have applied for coal leases through the Bureau of Land Management, the Department of the Interior and its bureaus and agencies, and the general public who may be affected by coal mining on federal lands.
Key Provisions
• The Secretary must publish a draft environmental assessment (a document analyzing environmental impacts) for any pending coal lease application that has not already been published for public comment. (Sec. 2(b)(1)(A))
• The Secretary must determine the fair market value of the coal land being leased. (Sec. 2(b)(1)(B))
• The Secretary must take all necessary steps to approve each pending coal lease application and then grant the application. (Sec. 2(b)(1)(C) and (D))
• The Secretary must grant any additional approvals needed from the Department of the Interior for mining activities to begin on previously awarded coal leases. (Sec. 2(b)(2))
• A 2016 departmental order about federal coal leasing is eliminated and has no legal effect. (Sec. 3)
What Changes
If this law passes, the Secretary of the Interior must quickly approve all coal lease applications that have begun the environmental review process. Previously awarded coal leases will receive any remaining approvals needed to start mining operations.
Important Definitions
"Coal lease" means an agreement between the United States and an applicant to lease land for coal extraction, entered through the Bureau of Land Management.
"Qualified application" means a pending coal lease application where the environmental review process has already started under federal environmental law.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1457
To require the Secretary of the Interior to take certain actions with respect
to certain qualified coal applications, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 8, 2023
Ms. HAGEMAN introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To require the Secretary of the Interior to take certain
actions with respect to certain qualified coal applications,
and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Combating Obstruction
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Against Leasing Act’’ or the ‘‘COAL Act’’.
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SEC. 2. LEASING FOR CERTAIN QUALIFIED COAL APPLICA-
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TIONS.
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(a) DEFINITIONS.—In this section:
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(1) COAL
LEASE.—The term ‘‘coal lease’’
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means a lease entered into by the United States as
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lessor, through the Bureau of Land Management,
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and the applicant on Bureau of Land Management
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Form 3400–012.
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(2)
QUALIFIED
APPLICATION.—The
term
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‘‘qualified application’’ means any application pend-
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ing under the lease by application program adminis-
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tered by the Bureau of Land Management pursuant
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to the Mineral Leasing Act (30 U.S.C. 181 et seq.)
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and subpart 3425 of title 43, Code of Federal Regu-
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lations (as in effect on the date of the enactment of
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this Act), for which the environmental review proc-
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ess under the National Environmental Policy Act of
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1969 (42 U.S.C. 4321 et seq.) has commenced.
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(b) MANDATORY LEASING AND OTHER REQUIRED
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APPROVALS.—As soon as practicable after the date of the
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enactment of this Act, the Secretary shall promptly—
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(1) with respect to each qualified application—
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(A) if not previously published for public
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comment, publish a draft environmental assess-
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ment, as required under the National Environ-
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mental Policy Act of 1969 (42 U.S.C. 4321 et
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seq.) and any applicable implementing regula-
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tions;
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(B) finalize the fair market value of the
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coal tract for which a lease by application is
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pending;
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(C) take all intermediate actions necessary
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to grant the qualified application; and
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(D) grant the qualified application; and
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(2) with respect to previously awarded coal
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leases, grant any additional approvals of the Depart-
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ment of the Interior or any bureau, agency, or divi-
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sion of the Department of the Interior required for
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mining activities to commence.
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SEC. 3. FUTURE COAL LEASING.
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Notwithstanding any judicial decision to the contrary
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or a departmental review of the Federal coal leasing pro-
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gram, Secretarial Order 3338, issued by the Secretary of
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the Interior on January 15, 2016, shall have no force or
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effect.
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Æ
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