Legislation

Bill Introduced Description
S.841 Apr-25-13
STATUS: April 25, 2013.--Introduced S.841 Hermosa Creek Watershed Protection Act of 2013 (Introduced in Senate - IS) S 841 IS 113th CONGRESS1st SessionS. 841 To designate certain Federal land in the San Juan National Forest in the State of Colorado as wilderness, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 25, 2013 Mr. BENNET (for himself and Mr. UDALL of Colorado) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate certain Federal land in the San Juan National Forest in the State of Colorado as wilderness, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Hermosa Creek Watershed Protection Act of 2013'. SEC. 2. FINDINGS. Congress finds that-- (1) the ecological health and integrity of the Hermosa Creek Watershed and the economic health of the surrounding communities that rely on the Watershed are connected; (2) the Watershed-- (A) is the only area in the State that is not a unit of National Wilderness Preservation System to achieve a designation of outstanding waters by the State; (B) provides a crucial source of clean drinking water for the residents of the Animas River Valley and the city of Durango, Colorado; and (C) provides high quality agricultural water supplies from Hermosa Creek and the Animas River; (3) the Watershed helps ensure the economic prosperity of local communities in the area that depend on the Watershed for water supplies, recreation, hunting, fishing, hiking, biking, camping, skiing and related winter activities, off-road vehicle travel, scientific research, mineral extraction, and sustainable natural resource development; (4) the world-class Hermosa Creek trail network contains outstanding single track mountain bike riding, backcountry hiking, equestrian riding, and motorcycle riding; (5) the Watershed provides visitors the opportunity to enjoy the tremendous scenic, natural, cultural, and recreational resources of the area; (6) ecologically sustainable grazing has been conducted in a manner that has preserved the high quality of the Watershed; (7) the native Colorado River cutthroat trout fishery located in the Watershed-- (A) is one of the most important fisheries in the State; (B) is crucial for the long-term survival of the cutthroat trout; and (C) provides an opportunity for anglers to have a catch and release fishery for the cutthroat trout; (8) the work of Colorado Parks and Wildlife to enhance the fishery referred to in paragraph (7) has been a tremendous success and a great example of cooperative conservation efforts to recover an imperiled species of fish; (9) the Watershed-- (A) provides some of the best backcountry elk habitat in the State; and (B) supports outstanding hunting opportunities; (10) the large areas of undisturbed forest in the Watershed (including some of the best stands of old growth ponderosa pine in the State) provide excellent wildlife habitat and excellent opportunities for solitude and backcountry recreation; and (11) designation of the Hermosa Creek Wilderness Area, Watershed Protection Area, and Special Management Area would protect those areas in perpetuity for the benefit of the people of the United States. SEC. 3. DEFINITIONS. In this Act: (1) COUNTY- The term `County' means La Plata County, Colorado. (2) MAP- The term `Map' means the map entitled `Hermosa Creek Proposed Watershed Protection Area, 2012' and dated March 28, 2012. (3) SECRETARY- The term `Secretary' means the Secretary of Agriculture. (4) SPECIAL MANAGEMENT AREA- The term `Special Management Area' means the Hermosa Creek Special Management Area designated by section 5(a). (5) STATE- The term `State' means the State of Colorado. (6) WATERSHED PROTECTION AREA- The term `Watershed Protection Area' means the Hermosa Creek Watershed Protection Area designated by section 4(a). SEC. 4. DESIGNATION OF HERMOSA CREEK WATERSHED PROTECTION AREA. (a) Designation- Certain Federal land in the San Juan National Forest comprising approximately 107,886 acres, as generally depicted on the Map, is designated as the `Hermosa Creek Watershed Protection Area'. (b) Purposes- The purposes of the Watershed Protection Area are-- (1) to maintain the cultural, economic, and ecological health of the Hermosa Creek Watershed and the surrounding communities that rely on the Watershed; (2) to protect the purity of water that comes from the Hermosa Creek Watershed and supplies residents of the Animas River Valley and the city of Durango, Colorado, with clean drinking water; (3) to protect the purity of, and water supply from, the Hermosa Creek Watershed for agricultural purposes, including irrigation and stockwater uses; (4) to enhance the economic prosperity of local communities in the area who depend on the area for water, recreation, and sustainable natural resource uses; (5) to protect and provide visitors the opportunity to enjoy the recreational, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, educational, and scenic resources of the Watershed; (6) to provide world class opportunities for skiing, biking, hiking, fishing, hunting, horseback riding, snowmobiling, motorcycle riding, snowshoeing, and camping; (7) to provide for economic and natural resource development (including sustainable grazing, vegetation management, beneficial uses of water, and mineral extraction) in a manner consistent with protecting the overall integrity of the Watershed; (8) to protect the native Colorado River cutthroat trout fishery located in the Watershed; (9) to designate the Hermosa Creek Wilderness Area and the Special Management Area; and (10) to conserve, protect, and manage for a healthy Hermosa Creek Watershed for the long-term ecological integrity of the Watershed and the long-term economic health of surrounding communities by allowing sustainable economic development and traditional natural resource development in a matter consistent with the purposes described in paragraphs (1) through (9). SEC. 5. DESIGNATION OF HERMOSA CREEK SPECIAL MANAGEMENT AREA. (a) Designation- Subject to valid existing rights, certain Federal land in the San Juan National Forest comprising approximately 68,289 acres, as generally depicted on the Map, is designated as the `Hermosa Creek Special Management Area'. (b) Purpose- The purpose of the Special Management Area is to conserve and protect for the benefit of present and future generations the watershed, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, educational, and scenic resources and values of the Special Management Area. (c) Administration- (1) IN GENERAL- The Secretary shall administer the Special Management Area-- (A) in a manner that-- (i) conserves, protects, and enhances the resources and values of the Special Management Area described in subsection (b); and (ii) protects a viable population of Colorado River Cutthroat Trout; and (B) in accordance with-- (i) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); (ii) this Act; and (iii) any other applicable laws. (2) USES- (A) IN GENERAL- The Secretary shall allow only such uses of the Special Management Area that the Secretary determines would further the purposes described in subsection (b). (B) MOTORIZED VEHICLES- (i) IN GENERAL- Except as provided in clause (ii) and as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Special Management Area shall be permitted only on roads and trails designated for use by such vehicles by the Secretary. (ii) OVER-SNOW VEHICLES- The Secretary may authorize the use of snowmobiles and other over-snow vehicles within the Special Management Area-- (I) during periods of adequate snow cover during the winter season; and (II) subject to such terms and conditions as the Secretary may require. (C) GRAZING- The Secretary shall permit grazing within the Special Management Area, where established before the date of enactment of this Act subject to all applicable laws (including regulations) and Executive orders. (D) PROHIBITED ACTIVITIES- Within the area of the Special Management Area identified on the Map as `East Hermosa Area' the following activities shall be prohibited: (i) New permanent or temporary road construction or the renovation of existing nonsystem roads, except as allowed under the final rule entitled `Special Areas; Roadless Area Conservation; Applicability to the National Forests in Colorado' (77 Fed. Reg. 39576 (July 3, 2012)). (ii) Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted for ecological restoration or to further the purposes described in this Act). (d) Map and Legal Description- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and a legal description of the Special Management Area. (2) FORCE OF LAW- The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) PUBLIC AVAILABILITY- The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (e) Incorporation of Acquired Land and Interests in Land- Any land or interest in land that is acquired by the United States within the boundary of the Special Management Area shall-- (1) become part of the Special Management Area; (2) be withdrawn in accordance with subsection (h); and (3) be managed in accordance with-- (A) this Act; and (B) any other applicable laws. (f) Fish and Wildlife- Nothing in this Act affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (g) State and Federal Water Management- Nothing in this section affects the potential for development, operation, or maintenance of a water storage reservoir at the site in the Special Management Area that is identified in-- (1) pages 17 through 20 of the Statewide Water Supply Initiative studies prepared by the Colorado Water Conservation Board and issued by the State in November 2004; and (2) page 27 of the Colorado Dam Site Inventory prepared by the Colorado Water Conservation Board and dated August 1996. (h) Withdrawal- Subject to valid rights in existence on the date of enactment of this Act, the Federal land within the Special Management Area is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (i) Adjacent Management- (1) IN GENERAL- The Special Management Area designated by subsection (a) or the wilderness designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by section 6(a)) shall not create a protective perimeter or buffer zone around the Special Management Area or wilderness. (2) NONWILDERNESS ACTIVITIES- The fact that nonwilderness activities or uses can be seen or heard from areas within the wilderness designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by section 6(a)) shall not preclude the conduct of the activities or uses outside the boundary of the wilderness. (j) Winter Skiing and Related Winter Activities- Nothing in this Act alters or limits-- (1) a permit held by a ski area; (2) the implementation of the activities governed by a ski area permit; or (3) the authority of the Secretary to modify or expand an existing ski area permit. (k) Vegetation Management- Nothing in this section prevents the Secretary from conducting vegetation management projects within the Special Management Area-- (1) subject to-- (A) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (B) all applicable laws (including regulations); and (2) in a manner consistent with-- (A) the purposes described in subsection (b); and (B) this section. (l) Wildfire, Insect, and Disease Management- Consistent with this section, the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases in the Special Management Area, including, as the Secretary determines to be appropriate, the coordination of the measures with the State or a local agency. (m) Management Plan- Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection and management of the Special Management Area that-- (1) takes into account public input; and (2) includes a certification by the Secretary that there are adequate opportunities in the Special Management Area for each of the recreational opportunities referred to in section 4(b)(6). SEC. 6. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Designation of Wilderness- Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) is amended by adding at the end the following: `(22) Certain land within the San Juan National Forest which comprise approximately 37,236 acres, as generally depicted on the map entitled `Hermosa Creek Proposed Watershed Protection Area, 2012' and dated March 28, 2012, and which shall be known as the `Hermosa Creek Wilderness'.'. (b) Effective Date- Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering the wilderness area designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by subsection (a)). (c) Fire, Insects, and Diseases- As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness areas designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by subsection (a)), the Secretary may take any measure that the Secretary determines to be necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate. SEC. 7. DURANGO AREA MINERAL WITHDRAWAL. (a) Withdrawal- Subject to valid existing rights, the land and mineral interests described in subsection (b) are withdrawn from all forms of-- (1) entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral leasing, geothermal leasing, or mineral materials. (b) Description of Land and Mineral Interests- The land and mineral interests referred to in subsection (a) are-- (1) the approximately 13,086 acres of Federal land depicted on the map entitled `Perins Peak & Animas City Mountain, Horse Gulch and Lake Nighthorse mineral withdrawal' and dated April 5, 2013; and (2) all Federal mineral interests contained within the boundaries of the map described in paragraph (1). (c) Buffer- Nothing in this section may require-- (1) the creation of a protective perimeter or buffer area outside the boundaries of the withdrawal area described in subsection (b); or (2) any prohibition on activities outside of the boundaries of the withdrawal area described in subsection (b) that can be seen or heard from within the boundaries of the withdrawal area. SEC. 8. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO LA PLATA COUNTY. (a) In General- On the expiration of the permit numbered COC 64651 (09) and dated February 24, 2009, the Secretary of the Interior shall convey to the County, without consideration and subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of Land- The land referred to in subsection (a) consists of approximately 111 acres of land managed by the Bureau of Land Management, Tres Rios District, Colorado, as generally depicted on the map entitled `La Plata County Grandview Conveyance' and dated March 27, 2013. (c) Map and Legal Description- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall finalize the legal description of the parcel to be conveyed under this section. (2) MINOR ERRORS- The Secretary of the Interior may correct any minor error in-- (A) the map; or (B) the legal description. (3) AVAILABILITY- The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of Conveyed Land- The land conveyed under this section shall be used only for any public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (e) Administrative Costs- The Secretary of the Interior shall require the County to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Conditions- As a condition of the conveyance under subsection (a), the County shall agree in writing to pay any administrative costs associated with the conveyance including the costs of any environmental, wildlife, cultural, or historical resources studies. SEC. 9. RELEASE OF WILDERNESS STUDY AREAS. (a) Finding- Congress finds that the land described in subsection (c) has been adequately studied for wilderness designation under section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782). (b) Release- The land described in subsection (c)-- (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (2) shall be managed in accordance with land management plans adopted under section 202 of that Act (43 U.S.C. 1712). (c) Description of Land- The land referred to in subsections (a) and (b) is the approximately 461 acres of land in the West Needles Contiguous Wilderness Study Area of San Juan County, Colorado, that is depicted on the map entitled `West Needles Contiguous Wilderness Study Area Release Area' and dated April 5, 2013.
S.831 May-13-13
STATUS: April 25, 2013.--Introduced. May 9, 2013.--Mr. Blunt added as cosponsor. May 23, 2013.--Mr. Cochran added as cosponsor. June 19, 2013.--Mr. Toomey added as cosponsor. S.831 Coal Miner Employment and Domestic Energy Infrastructure Protection Act of 2013 (Introduced in Senate - IS) S 831 IS 113th CONGRESS1st SessionS. 831 To limit the authority of the Secretary of the Interior to issue regulations before December 31, 2017, under the Surface Mining Control and Reclamation Act of 1977. IN THE SENATE OF THE UNITED STATESApril 25, 2013 Mr. COATS (for himself, Mr. LEE, Mr. BARRASSO, Mr. CHAMBLISS, Mr. COBURN, Mr. CRAPO, Mr. ENZI, Mr. HOEVEN, Mr. ISAKSON, Mr. RISCH, Mr. VITTER, Mr. WICKER, Mr. SESSIONS, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To limit the authority of the Secretary of the Interior to issue regulations before December 31, 2017, under the Surface Mining Control and Reclamation Act of 1977. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Coal Miner Employment and Domestic Energy Infrastructure Protection Act of 2013'. SEC. 2. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977. The Secretary of the Interior may not, before December 31, 2017, issue or approve any proposed or final regulation under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) that would-- (1) adversely impact employment in coal mines in the United States; (2) cause a reduction in revenue received by the Federal Government or any State, tribal, or local government, by reducing through regulation the quantity of coal in the United States that is available for mining; (3) reduce the quantity of coal available for domestic consumption or for export; (4) designate any area as unsuitable for surface coal mining and reclamation operations; (5) expose the United States to liability for taking the value of privately owned coal through regulation; or (6) cause further time delays to permitting or increase costs.
S.816 Apr-25-13
Status: April 25, 2013.--Introduced. S.816 Stewardship End Result Contracting Project Act (Introduced in Senate - IS) S 816 IS 113th CONGRESS1st SessionS. 816 To amend the Omnibus Public Land Management Act of 2009 to provide for the conduct of stewardship end result contracting projects. IN THE SENATE OF THE UNITED STATESApril 25, 2013 Mr. UDALL of Colorado (for himself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Omnibus Public Land Management Act of 2009 to provide for the conduct of stewardship end result contracting projects. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Stewardship End Result Contracting Project Act'. SEC. 2. STEWARDSHIP END RESULT CONTRACTING PROJECTS. (a) In General- Title IV of the Omnibus Public Land Management Act of 2009 is amended-- (1) by redesignating section 4004 (16 U.S.C. 7304) as section 4005; (2) by inserting after section 4003 (16 U.S.C. 7303) the following: `SEC. 4004. STEWARDSHIP END RESULT CONTRACTING PROJECTS. `(a) Definitions- In this section: `(1) CHIEF- The term `Chief' means the Chief of the Forest Service. `(2) DIRECTOR- The term `Director' means the Director of the Bureau of Land Management. `(3) ELIGIBLE LAND- The term `eligible land' means land located on National Forest System land or Bureau of Land Management land located west of the 100th meridian. `(b) Projects- The Chief and the Director, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for eligible land that meets local and rural community needs. `(c) Land Management Goals- The land management goals of a project under subsection (b) may include-- `(1) road and trail maintenance or obliteration to restore or maintain water quality; `(2) soil productivity, habitat for wildlife and fisheries, or other resource values; `(3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; `(4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; `(5) watershed restoration and maintenance; `(6) restoration and maintenance of wildlife and fish; or `(7) control of noxious and exotic weeds and reestablishing native plant species. `(d) Agreements or Contracts- `(1) PROCUREMENT PROCEDURE- A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts. `(2) CONTRACT FOR SALE OF PROPERTY- A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law. `(3) TERM- `(A) IN GENERAL- Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with section 3903 of title 41, United States Code. `(B) MAXIMUM- The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years. `(4) OFFSETS- `(A) IN GENERAL- The Chief and the Director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection (b). `(B) METHODS OF APPRAISAL- The value of timber or other forest products used as an offset under subparagraph (A)-- `(i) shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and `(ii) may-- `(I) be determined using a unit of measure appropriate to the contracts; and `(II) may include valuing products on a per-acre basis. `(5) RELATION TO OTHER LAWS- Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Chief may enter into an agreement or contract under subsection (b). `(6) CONTRACTING OFFICER- Notwithstanding any other provision of law, the Secretary or the Secretary of the Interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection (b). `(e) Receipts- `(1) IN GENERAL- The Chief and the Director may collect monies from an agreement or contract under subsection (b) if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section. `(2) USE- Monies from an agreement or contract under subsection (b)-- `(A) may be retained by the Chief and the Director; and `(B) shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site. `(3) RELATION TO OTHER LAWS- `(A) IN GENERAL- Notwithstanding any other provision of law, the value of services received by the Chief or the Director under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor, Chief, or Director shall not be considered monies received from the National Forest System or the public lands. `(B) KNUTSON-VANDERBERG ACT- The Act of June 9, 1930 (commonly known as the `Knutson-Vanderberg Act') (16 U.S.C. 576 et seq.) shall not apply to any agreement or contract under subsection (b). `(f) Costs of Removal- Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under-- `(1) the Act of August 11, 1916 (16 U.S.C. 490); and `(2) and the Act of June 30, 1914 (16 U.S.C. 498). `(g) Performance and Payment Guarantees- `(1) IN GENERAL- The Chief and the Director may require performance and payment bonds under sections 28.103-2 and 28.103-3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection (b). `(2) EXCESS OFFSET VALUE- If the offset value of the forest products exceeds the value of the resource improvement treatments, the Chief and the Director may-- `(A) collect any residual receipts under the Act of June 9, 1930 (commonly known as the `Knutson-Vanderberg Act') (16 U.S.C. 576 et seq.); and `(B) apply the excess to other authorized stewardship projects. `(h) Monitoring and Evaluation- `(1) IN GENERAL- The Chief and the Director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section. `(2) PARTICIPANTS- Other than the Chief and Director, participants in the process described in paragraph (1) may include-- `(A) any cooperating governmental agencies, including tribal governments; and `(B) any other interested groups or individuals. `(i) Reporting- Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chief and the Director shall report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives on-- `(1) the status of development, execution, and administration of agreements or contracts under subsection (b); `(2) the specific accomplishments that have resulted; and `(3) the role of local communities in the development of agreements or contract plans.'; and (3) in section 4005 (as so redesignated), by inserting `, other than section 4004' after `title'. (b) Conforming Amendment- Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277) is repealed.
S.812 Apr-25-13
STATUS: April 25, 2013.--Introduced. October 1, 2013.--Full committee hearing held. (31) October 12, 2013.--Senate Committee on Energy and Natural Resources discharged by Unanimous Consent. Passed Senate without amendment by Unanimous Consent. October 14, 2013.--Held at desk. S.812 To authorize the Secretary of the Interior to take actions to implement the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon... (Introduced in Senate - IS) S 812 IS 113th CONGRESS1st SessionS. 812 To authorize the Secretary of the Interior to take actions to implement the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico. IN THE SENATE OF THE UNITED STATESApril 25, 2013 Mr. WYDEN (for himself and Ms. MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to take actions to implement the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES CONCERNING TRANSBOUNDARY HYDROCARBON RESERVOIRS IN THE GULF OF MEXICO. The Secretary of the Interior is authorized to take actions necessary to implement the terms of the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, which is hereby approved, including-- (1) to approve unitization agreements and related arrangements for the exploration of, and development or production of oil or gas from, transboundary reservoirs and geological structures; (2) to disclose as necessary under the Agreement information related to the exploration, development, and production of a transboundary reservoir or geological structure that may be considered confidential, privileged, or proprietary information under law; and (3) to accept and take action not inconsistent with an expert determination under the Agreement.
S.797 Apr-24-13
STATUS: April 24, 2013.--Introduced. S.797 To extend the authorization for the Coastal Heritage Trail in the State of New Jersey. (Introduced in Senate - IS) S 797 IS 113th CONGRESS1st SessionS. 797 To extend the authorization for the Coastal Heritage Trail in the State of New Jersey. IN THE SENATE OF THE UNITED STATESApril 24, 2013 Mr. REID (for Mr. LAUTENBERG (for himself and Mr. MENENDEZ)) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To extend the authorization for the Coastal Heritage Trail in the State of New Jersey. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COASTAL HERITAGE TRAIL REAUTHORIZATION. Section 6(c) of Public Law 100-515 (16 U.S.C. 1244 note; 122 Stat. 827) is amended by striking `2011' and inserting `2018'.
S.783 Apr-23-13
STATUS: April 23, 2013.-- Introduced. April 25, 2013.--Mr. King added as cosponsor. May 7, 2013.--Full committee hearing held. May 13, 2013.--Mr. Schumer added as cosponsor. May 15, 2013.--Mr. Flake and Mr. Blumenthal added as cosponsors. May 20, 2013.--Mr. Risch added as cosponsor. June 3, 2013.--Mr. Heinrich added as cosponsor. June 4, 2013.--Mr. Crapo added as cosponsor. June 18, 2013.--Full committee markup; Ordered to be reported with an amendment in the nature of a substitute favorably. June 18, 2013.--Mr. Merkley added as cosponsor. June 27, 2013.--Mr. Casey added as cosponsor. July 9, 2013.--Mr. Whitehouse added as cosponsor. July 11, 2013.--Mrs. Gillibrand added as cosponsor. July 29, 2013.--Mr. Tester added as cosponsor. July 29, 2013.--Reported to Senate with an amendment; S. Rpt 113-83 and placed on Senate Calender No. 152. August 1, 2013.--Mrs. Hagan added as cosponsor. S.783 Helium Stewardship Act of 2013 (Introduced in Senate - IS) S 783 IS 113th CONGRESS1st SessionS. 783 To amend the Helium Act to improve helium stewardship, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 23, 2013 Mr. WYDEN (for himself and Ms. MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Helium Act to improve helium stewardship, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Helium Stewardship Act of 2013'. SEC. 2. DEFINITIONS. Section 2 of the Helium Act (50 U.S.C. 167) is amended to read as follows: `SEC. 2. DEFINITIONS. `In this Act: `(1) CLIFFSIDE FIELD- The term `Cliffside Field' means the helium storage reservoir in which the Federal Helium Reserve is stored. `(2) FEDERAL HELIUM PIPELINE- The term `Federal Helium Pipeline' means the federally owned pipeline system through which the Federal Helium Reserve may be transported. `(3) FEDERAL HELIUM RESERVE- The term `Federal Helium Reserve' means helium reserves owned by the United States. `(4) FEDERAL HELIUM SYSTEM- The term `Federal Helium System' means-- `(A) the Federal Helium Reserve; `(B) the Cliffside Field; `(C) the Federal Helium Pipeline; and `(D) all other infrastructure owned, leased, or managed under contract by the Secretary for the storage, transportation, withdrawal, purification, or management of helium. `(5) FEDERAL USER- The term `Federal user' means a Federal agency or extramural holder of one or more Federal research grants using helium. `(6) LOW-BTU GAS- The term `low-Btu gas' means a fuel gas with a heating value of less than 250 Btu per standard cubic foot measured as the higher heating value resulting from the inclusion of noncombustible gases, including nitrogen, helium, argon, and carbon dioxide. `(7) PERSON- The term `person' means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, or State or political subdivision. `(8) PRIORITY PIPELINE ACCESS- The term `priority pipeline access' means the first priority of delivery of crude helium under which the Secretary schedules and ensures the delivery of crude helium to a helium refinery through the Federal Helium System. `(9) QUALIFIED BIDDER- `(A) IN GENERAL- The term `qualified bidder' means a person the Secretary determines is seeking to purchase helium for their own use, refining, or redelivery to users. `(B) EXCLUSION- The term `qualified bidder' does not include a person who was previously determined to be a qualified bidder if the Secretary determines that the person did not meet the requirements of a qualified bidder under this Act. `(10) QUALIFYING DOMESTIC HELIUM TRANSACTION- The term `qualifying domestic helium transaction' means any agreement entered into or renegotiated agreement during the preceding 1-year period in the United States for the purchase or sale of at least 20,000,000 standard cubic feet of crude or pure helium to which any holder of a contract with the Secretary for the acceptance, storage, delivery, or redelivery of crude helium from the Federal Helium System is a party. `(11) REFINER- The term `refiner' means a person with the ability to take delivery of crude helium from the Federal Helium Pipeline and refine the crude helium into pure helium. `(12) SECRETARY- The term `Secretary' means the Secretary of the Interior.'. SEC. 3. AUTHORITY OF SECRETARY. Section 3 of the Helium Act (50 U.S.C. 167a) is amended by adding at the end the following: `(c) Extraction of Helium From Deposits on Federal Land- All amounts received by the Secretary from the sale or disposition of helium on Federal land shall be credited to the Helium Production Fund established under section 6(d).'. SEC. 4. STORAGE, WITHDRAWAL AND TRANSPORTATION. Section 5 of the Helium Act (50 U.S.C. 167c) is amended to read as follows: `SEC. 5. STORAGE, WITHDRAWAL AND TRANSPORTATION. `(a) In General- If the Secretary provides helium storage, withdrawal, or transportation services to any person, the Secretary shall impose a fee on the person that accurately reflects the economic value of those services. `(b) Minimum Fees- The fees charged under subsection (a) shall be not less than the amount required to reimburse the Secretary for the full costs of providing storage, withdrawal, or transportation services. `(c) Schedule of Fees- Prior to sale or auction under subsection (a), (b), or (c) of section 6, the Secretary shall annually publish a standardized schedule of fees that the Secretary will charge under this section. `(d) Treatment- All fees received by the Secretary under this section shall be credited to the Helium Production Fund established under section 6(d). `(e) New Storage- In accordance with this section, the Secretary shall allow any person or qualified bidder to which crude helium is sold or auctioned under section 6 to store that helium in the Federal Helium Reserve.'. SEC. 5. SALE OF CRUDE HELIUM. Section 6 of the Helium Act (50 U.S.C. 167d) is amended to read as follows: `SEC. 6. SALE OF CRUDE HELIUM. `(a) Phase A: Allocation Transition- `(1) IN GENERAL- The Secretary shall offer crude helium for sale in such quantities, at such times, at not less than the minimum price established under subsection (b)(7), and under such terms and conditions as the Secretary determines necessary to carry out this subsection with minimum market disruption. `(2) FEDERAL PURCHASES- Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. `(3) DURATION- This subsection applies during the period-- `(A) beginning on the date of enactment of the Helium Stewardship Act of 2013; and `(B) ending on September 30, 2014. `(b) Phase B: Auction Implementation- `(1) IN GENERAL- The Secretary shall offer crude helium for sale in quantities not subject to auction under paragraph (2), at such times, at not less than the minimum price established under paragraph (7), and under such terms and conditions as the Secretary determines necessary-- `(A) to maximize total recovery of helium from the Federal Helium Reserve over the long term; `(B) to maximize the total financial return to the taxpayer; `(C) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve; `(D) to give priority to meeting the helium demand of Federal users in the event of any disruption to the Federal Helium Reserve; and `(E) to carry out this subsection with minimum market disruption. `(2) AUCTION QUANTITIES- For the period described in paragraph (4) and consistent with the conditions described in paragraph (8), the Secretary shall annually auction to any qualified bidder a quantity of crude helium in the Federal Helium Reserve equal to-- `(A) for fiscal year 2015, 10 percent of the total volume of crude helium made available for that fiscal year; and `(B) for each subsequent fiscal year, a percentage of the total volume of crude helium that is 10 percentage points greater than the percentage available for the previous fiscal year, but not to exceed 100 percent. `(3) FEDERAL PURCHASES- Federal users may purchase refined helium-with priority pipeline access and at the in-kind price under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. `(4) DURATION- This subsection applies during the period-- `(A) beginning on October 1, 2014; and `(B) ending on the date on which the volume of recoverable crude helium at the Federal Helium Reserve (other than privately owned quantities of crude helium stored temporarily at the Federal Helium Reserve under section 5 and this section) is 3,000,000,000 standard cubic feet. `(5) SAFETY VALVE- The Secretary may adjust the quantities specified in paragraph (2)-- `(A) downward, if the Secretary determines the adjustment necessary-- `(i) to minimize market disruptions that pose a threat to the economic well-being of the United States; and `(ii) only after submitting a written justification of the adjustment to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; or `(B) upward, if the Secretary determines the adjustment necessary to increase participation in crude helium auctions or returns to the taxpayer. `(6) AUCTION FORMAT- The Secretary shall conduct each auction using a method that maximizes revenue to the Federal Government. `(7) PRICES- The Secretary shall annually establish, as applicable, sale and minimum auction prices under subsection (a)(1) and paragraphs (1) and (2) using, if applicable and in the following order of priority: `(A) The sale price of crude helium in auctions held by the Secretary under paragraph (2). `(B) Price recommendations and disaggregated data from a qualified, independent third party who has no conflict of interest, who shall conduct a confidential survey of qualifying domestic helium transactions. `(C) The volume-weighted average price of all crude helium and pure helium purchased, sold, or processed by persons in all qualifying domestic helium transactions. `(D) The volume-weighted average cost of converting gaseous crude helium into pure helium. `(8) TERMS AND CONDITIONS- `(A) IN GENERAL- The Secretary shall require all persons that are parties to a contract with the Secretary for the withdrawal, acceptance, storage, transportation, delivery, or redelivery of crude helium to disclose, on a strictly confidential basis-- `(i) the volumes and associated prices in dollars per thousand cubic feet of all crude and pure helium purchased, sold, or processed by persons in qualifying domestic helium transactions; `(ii) the volumes and associated costs in dollars per thousand cubic feet of converting crude helium into pure helium; and `(iii) refinery capacity and future capacity estimates. `(B) CONDITION- As a condition of sale or auction to a refiner under subsection (a)(1) and paragraphs (1) and (2), effective beginning 90 days after the date of enactment of the Helium Stewardship Act of 2013, the refiner shall make excess refining capacity of helium available at commercially reasonable rates to-- `(i) any person prevailing in auctions under paragraph (2); and `(ii) any person that has acquired crude helium from the Secretary from the Federal Helium Reserve by means other than an auction under paragraph (2) after the date of enactment of the Helium Stewardship Act of 2013. `(9) USE OF INFORMATION- The Secretary may use the information collected under this Act-- `(A) to approximate crude helium prices; and `(B) to ensure the recovery of fair value for the taxpayers of the United States from sales of crude helium. `(10) PROTECTION OF CONFIDENTIALITY- The Secretary shall adopt such administrative policies and procedures as the Secretary considers necessary and reasonable to ensure the confidentiality of information submitted pursuant to this Act. `(c) Phase C: Continued Access for Federal Users- `(1) IN GENERAL- The Secretary shall offer crude helium for sale to Federal users in such quantities, at such times, at not less than the minimum price established under subsection (b)(7), and under such terms and conditions as the Secretary determines necessary to carry out this subsection. `(2) FEDERAL PURCHASES- Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. `(3) EFFECTIVE DATE- This subsection applies beginning on the day after the date described in subsection (b)(4)(B). `(d) Helium Production Fund- `(1) IN GENERAL- All amounts received under this Act, including amounts from the sale or auction of crude helium, shall be credited to the Helium Production Fund, which shall be available without fiscal year limitation for purposes considered necessary by the Secretary to carry out this Act (other than sections 16, 17, and 18), including capital investments in upgrades and maintenance at the Federal Helium System, including-- `(A) well head maintenance at the Cliffside Field; `(B) capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Field; `(C) capital investments in maintenance and upgrades of equipment related to the storage, withdrawal, transportation, purification, and sale of crude helium from the Federal Helium Reserve; `(D) entering into purchase, lease, or other agreements to drill new or uncap existing wells to maximize the recovery of crude helium from the Federal Helium System if the Secretary determines the actions to be cost-effective; and `(E) any other scheduled or unscheduled maintenance of the Federal Helium System. `(2) EXCESS FUNDS- Any amounts in the Helium Production Fund described in paragraph (1) that exceed the amounts that the Secretary determines to be necessary to carry out paragraph (1) shall be deposited in the general fund of the Treasury. `(e) Minimum Quantity- The Secretary shall offer for sale or auction during each fiscal year under subsections (a), (b), and (c) a quantity of crude helium that is the lesser of -- `(1) the quantity of crude helium offered for sale by the Secretary during fiscal year 2012; and `(2) the maximum total production capacity of the Federal Helium System. `(f) Maintenance of Helium Supply- The Secretary shall minimize disruption in the supply of helium from the Federal Helium System during the transition between phases of helium sales under subsections (a), (b), and (c).'. SEC. 6. INFORMATION, ASSESSMENT, RESEARCH, AND STRATEGY. The Helium Act (50 U.S.C. 167 et seq.) is amended-- (1) by repealing section 15 (50 U.S.C. 167m); (2) by redesignating section 17 (50 U.S.C. 167 note) as section 20; and (3) by inserting after section 14 (50 U.S.C. 167l) the following: `SEC. 15. INFORMATION. `(a) Transparency- The Secretary, acting through the Bureau of Land Management, shall make available on the Internet information relating to the Federal Helium System that includes-- `(1) continued publication of an open market and in-kind price; `(2) aggregated projections of excess refining capacity; `(3) ownership of helium held in the Federal Helium Reserve; `(4) the volume of helium delivered to persons through the Federal Helium Pipeline; `(5) pressure constraints of the Federal Helium Pipeline; `(6) an estimate of the projected date when 3,000,000,000 standard cubic feet of crude helium will remain in the Federal Helium Reserve and the final phase described in section 6(c) will begin; `(7) the amount of the fees charged under section 5; `(8) the scheduling of crude helium deliveries through the Federal Helium Pipeline; and `(9) other factors that will increase transparency. `(b) Reporting- Not later than 90 days after the date of enactment of the Helium Stewardship Act of 2013, to provide the market with appropriate and timely information affecting the helium resource, the Director of the Bureau of Land Management shall establish a timely and public reporting process to provide data that affects the helium industry, including-- `(1) annual maintenance schedules and quarterly updates, that shall include-- `(A) the date and duration of planned shutdowns of the Federal Helium Pipeline; `(B) the nature of work to be undertaken on the Federal Helium System, whether routine, extended, or extraordinary; `(C) the anticipated impact of the work on the helium supply; `(D) the efforts being made to minimize any impact on the supply chain; and `(E) any concerns regarding maintenance of the Federal Helium Pipeline, including the pressure of the pipeline or deviation from normal operation of the pipeline; `(2) for each unplanned outage, a description of-- `(A) the beginning of the outage; `(B) the expected duration of the outage; `(C) the nature of the problem; `(D) the estimated impact on helium supply; `(E) a plan to correct problems, including an estimate of the potential timeframe for correction and the likelihood of plan success within the timeframe; `(F) efforts to minimize negative impacts on the helium supply chain; and `(G) updates on repair status and the anticipated online date; `(3) monthly summaries of meetings and communications between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including a list of participants and an indication of any actions taken as a result of the meetings or communications; and `(4) current predictions of the lifespan of the Federal Helium System, including how much longer the crude helium supply will be available based on current and forecasted demand and the projected maximum production capacity of the Federal Helium System for the following fiscal year. `SEC. 16. HELIUM GAS RESOURCE ASSESSMENT. `(a) In General- Not later than 2 years after the date of enactment of the Helium Stewardship Act of 2013, the Secretary, acting through the Director of the United States Geological Survey, shall-- `(1) in coordination with appropriate heads of State geological surveys-- `(A) complete a national helium gas assessment that identifies and quantifies the quantity of helium, including the isotope helium-3, in each reservoir, including assessments of the constituent gases found in each helium resource, such as carbon dioxide, nitrogen, and natural gas; and `(B) make available the modern seismic and geophysical log data for characterization of the Bush Dome Reservoir; `(2) in coordination with appropriate international agencies and the global geology community, complete a global helium gas assessment that identifies and quantifies the quantity of the helium, including the isotope helium-3, in each reservoir; `(3) in coordination with the Secretary of Energy, acting through the Administrator of the Energy Information Administration, complete-- `(A) an assessment of trends in global demand for helium, including the isotope helium-3; `(B) a 10-year forecast of domestic demand for helium across all sectors, including scientific and medical research, commercial, manufacturing, space technologies, cryogenics, and national defense; and `(C) an inventory of medical, scientific, industrial, commercial, and other uses of helium in the United States, including Federal uses, that identifies the nature of the helium use, the amounts required, the technical and commercial viability of helium recapture and recycling in that use, and the availability of material substitutes wherever possible; and `(4) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the assessments required under this paragraph. `(b) Authorization of Appropriations- There is authorized to be appropriated to carry out this section such sums as are necessary. `SEC. 17. LOW-BTU GAS SEPARATION AND HELIUM CONSERVATION. `(a) Authorization- The Secretary of Energy shall support programs of research, development, commercial application, and conservation (including the programs described in subsection (b))-- `(1) to expand the domestic production of low-Btu gas and helium resources; `(2) to separate and capture helium from natural gas streams; and `(3) to reduce the venting of helium and helium-bearing low-Btu gas during natural gas exploration and production. `(b) Programs- `(1) MEMBRANE TECHNOLOGY RESEARCH- The Secretary of Energy, in consultation with other appropriate agencies, shall support a civilian research program to develop advanced membrane technology that is used in the separation of low-Btu gases, including technologies that remove helium and other constituent gases that lower the Btu content of natural gas. `(2) HELIUM SEPARATION TECHNOLOGY- The Secretary of Energy shall support a research program to develop technologies for separating, gathering, and processing helium in low concentrations that occur naturally in geological reservoirs or formations, including-- `(A) low-Btu gas production streams; and `(B) technologies that minimize the atmospheric venting of helium gas during natural gas production. `(3) INDUSTRIAL HELIUM PROGRAM- The Secretary of Energy, working through the Advanced Manufacturing Office of the Department of Energy, shall carry out a research program-- `(A) to develop low-cost technologies and technology systems for recycling, reprocessing, and reusing helium for all medical, scientific, industrial, commercial, aerospace, and other uses of helium in the United States, including Federal uses; and `(B) to develop industrial gathering technologies to capture helium from other chemical processing, including ammonia processing. `(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section such sums as are necessary. `SEC. 18. HELIUM-3 SEPARATION. `(a) Interagency Cooperation- The Secretary shall cooperate with the Secretary of Energy, or a designee, on any assessment or research relating to the extraction and refining of the isotope helium-3 from crude helium at the Federal Helium Reserve or along the Federal Helium Pipeline, including-- `(1) gas analysis; `(2) infrastructure studies; and `(3) cooperation with refiners. `(b) Feasibility Study- The Secretary, in consultation with the Secretary of Energy, or a designee, may carry out a study to assess the feasibility of establishing a facility to separate the isotope helium-3 from crude helium at-- `(1) the Federal Helium Reserve; or `(2) an existing helium separation or purification facility connected to the Federal Helium Pipeline. `(c) Report- Not later than 1 year after the date of enactment of the Helium Stewardship Act of 2013, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that contains a description of the results of the assessments conducted under this section. `(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section such sums as are necessary. `SEC. 19. FEDERAL AGENCY HELIUM ACQUISITION STRATEGY. `Not later than 2 years after the date of enactment of the Helium Stewardship Act of 2013, the Secretary (in consultation with the Secretary of Energy, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the National Institutes of Health) shall submit to Congress a report that provides for Federal users-- `(1) an assessment of the consumption of, and projected demand for, crude and refined helium; `(2) a description of a 20-year Federal strategy for securing access to crude helium; `(3) an assessment of the effects of increases in the price of refined helium and methods and policies for mitigating any determined effects; and `(4) a description of a process for prioritization of uses that accounts for diminished availability of helium supplies that may occur over time.'. SEC. 7. CONFORMING AMENDMENTS. (a) Section 4 of the Helium Act (50 U.S.C. 167b) is amended by striking `section 6(f)' each place it appears in subsections (c)(3), (c)(4), and (d)(2) and inserting `section 6(d)'. (b) Section 8 of the Helium Act (50 U.S.C. 167f) is repealed. SEC. 8. EXISTING AGREEMENTS. This Act and the amendments made by this Act shall not in any manner affect or diminish the rights and obligations of the Secretary of the Interior and private parties under agreements in existence on the date of enactment of this Act, except to the extent that the agreements are renewed or extended after that date. SEC. 9. REGULATIONS. The Secretary of the Interior shall promulgate such regulations as are necessary to carry out this Act and the amendments made by this Act, including regulations necessary to prevent unfair acts and practices.
S.782 Apr-23-13
STATUS: April 23, 2013.--Introduced. May 22, 2014.--Reported with an amendment. S.Rept. 113-168. May 22, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 394.] S.782 Gettysburg National Military Park Expansion Act (Introduced in Senate - IS) S 782 IS 113th CONGRESS1st SessionS. 782 To amend Public Law 101-377 to revise the boundaries of the Gettysburg National Military Park to include the Gettysburg Train Station, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 23, 2013 Mr. CASEY (for himself, Mr. TOOMEY, and Mr. KING) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend Public Law 101-377 to revise the boundaries of the Gettysburg National Military Park to include the Gettysburg Train Station, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Gettysburg National Military Park Expansion Act'. SEC. 2. GETTYSBURG NATIONAL MILITARY PARK EXPANSION. (a) Gettysburg National Military Park Boundary Revision- Section 1 of Public Law 101-377 (16 U.S.C. 430g-4) is amended by adding at the end the following: `(d) Additional Land- In addition to the land described in subsections (a) and (b), the park shall include-- `(1) the property commonly known as the `Gettysburg Train Station' (including land located in close proximity to the Gettysburg Train Station) that is-- `(A) located in the Borough of Gettysburg; and `(B) depicted on the map entitled `Gettysburg National Military Park, Proposed Boundary', numbered 305/80,045, and dated September 2008; and `(2) the property that is-- `(A) located adjacent to Plum Run in Cumberland Township; and `(B) depicted on the map entitled `Gettysburg National Military Park, Proposed Boundary Addition', numbered 305/80,046, and dated February 2009.'. (b) Acquisition and Disposal of Land- Section 2(a) of Public Law 101-377 (16 U.S.C. 430g-5(a)) is amended-- (1) by striking `The Secretary' and inserting the following: `(1) IN GENERAL- The Secretary'; and (2) by adding at the end the following: `(2) ACQUISITION OF PUBLICLY OWNED LAND- `(A) IN GENERAL- Subject to subparagraph (B), the Secretary may acquire only by purchase from a willing seller publicly owned property that is located within the property described in section 1(d)(1) if the Secretary determines that efforts to acquire the property without cost have been exhausted. `(B) EMINENT DOMAIN- The Secretary may not acquire by eminent domain property that is located within the property described in section 1(d)(1).'.
S.781 Apr-23-13
STATUS: April 23, 2013.--Introduced. S.781 Yosemite National Park Boundary Expansion Act of 2013 (Introduced in Senate - IS) S 781 IS 113th CONGRESS1st SessionS. 781 To modify the boundary of Yosemite National Park, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 23, 2013 Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the boundary of Yosemite National Park, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Yosemite National Park Boundary Expansion Act of 2013'. SEC. 2. PURPOSE. The purpose of this Act is to modify the boundary of Yosemite National Park to protect from potential development the scenic and biological value of property adjacent to the Park. SEC. 3. DEFINITIONS. In this Act: (1) MAP- The term `map' means the map entitled `Yosemite National Park Location Map for Boundary Line Adjustment (BLA) Areas'. (2) PARK- The term `Park' means the Yosemite National Park in the State of California. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 4. YOSEMITE NATIONAL PARK. (a) Acquisition of Land- (1) IN GENERAL- The Secretary may acquire the land or an interest in the land described in subsections (b) and (c) for addition to the Park. (2) MEANS- An acquisition of land under paragraph (1) may be made by donation, purchase from a willing seller with donated or appropriated funds, or exchange. (b) Description of Land- The land referred to in subsection (a)(1) is the approximately 1,575 acres of land adjacent to the Park, as generally depicted on the map. (c) Availability of Map- The map shall be on file and available for inspection in the appropriate offices of the National Park Service. (d) Boundary Modification- The boundary of the Park shall be revised to reflect the acquisition of the land under subsection (a). (e) Administration- The Secretary shall administer any land or interest in land acquired under subsection (a)(1) as part of the Park in accordance with the laws (including regulations) applicable to the Park.
S.776 Apr-22-13
STATUS: April 22, 2013.--Introduced. S.776 Columbine-Hondo Wilderness Act (Introduced in Senate - IS) S 776 IS 113th CONGRESS1st SessionS. 776 To establish the Columbine-Hondo Wilderness in the State of New Mexico, to provide for the conveyance of certain parcels of National Forest System land in the State, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 22, 2013 Mr. UDALL of New Mexico (for himself and Mr. HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Columbine-Hondo Wilderness in the State of New Mexico, to provide for the conveyance of certain parcels of National Forest System land in the State, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Columbine-Hondo Wilderness Act'. (b) Table of Contents- The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--ADDITION TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM Sec. 101. Designation of the Columbine-Hondo Wilderness. Sec. 102. Wheeler Peak Wilderness boundary modification. Sec. 103. Authorization of appropriations. TITLE II--LAND CONVEYANCES AND SALES Sec. 201. Town of Red River land conveyance. Sec. 202. Village of Taos Ski Valley land conveyance. Sec. 203. Authorization of sale of certain National Forest System land. SEC. 2. DEFINITIONS. In this Act: (1) RED RIVER CONVEYANCE MAP- The term `Red River Conveyance Map' means the map entitled `Town of Red River Town Site Act Proposal' and dated April 19, 2012. (2) SECRETARY- The term `Secretary' means the Secretary of Agriculture. (3) STATE- The term `State' means the State of New Mexico. (4) TOWN- The term `Town' means the town of Red River, New Mexico. (5) VILLAGE- The term `Village' means the village of Taos Ski Valley, New Mexico. (6) WILDERNESS- The term `Wilderness' means the Columbine-Hondo Wilderness designated by section 101(a). (7) WILDERNESS MAP- The term `Wilderness Map' means the map entitled `Columbine-Hondo, Wheeler Peak Wilderness' and dated April 25, 2012. TITLE I--ADDITION TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM SEC. 101. DESIGNATION OF THE COLUMBINE-HONDO WILDERNESS. (a) In General- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 45,000 acres of land in the Carson National Forest in the State, as generally depicted on the Wilderness Map, is designated as wilderness and as a component of the National Wilderness Preservation System, which shall be known as the `Columbine-Hondo Wilderness'. (b) Management- Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with this Act 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. (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-- (1) become part of the Wilderness; and (2) be managed in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); (B) this section; and (C) any other applicable laws. (d) Grazing- Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be administered in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) 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) Columbine-Hondo Wilderness Study Area- (1) FINDING- Congress finds that, for purposes of section 103(a)(2) of Public Law 96-550 (16 U.S.C. 1132 note; 94 Stat. 3223), any Federal land in the Columbine-Hondo Wilderness Study Area administered by the Forest Service that is not designated as wilderness by subsection (a) has been adequately reviewed for wilderness designation. (2) APPLICABILITY- The Federal land described in paragraph (1) is no longer subject to subsections (a)(2) and (b) of section 103 of Public Law 96-550 (16 U.S.C. 1132 note; 94 Stat. 3223). (f) Maps and Legal Descriptions- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Wilderness. (2) FORCE OF LAW- The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the maps and legal descriptions. (3) PUBLIC AVAILABILITY- The maps and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (g) Fish and Wildlife- Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may designate zones in which, and establish periods during which, hunting or fishing shall not be allowed for reasons of public safety, administration, the protection for nongame species and associated habitats, or public use and enjoyment. (h) Withdrawals- Subject to valid existing rights, the Federal land described in subsections (a) and (e)(1) and any land or interest in land that is acquired by the United States in the Wilderness after the date of enactment of this Act is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 102. WHEELER PEAK WILDERNESS BOUNDARY MODIFICATION. (a) In General- The boundary of the Wheeler Peak Wilderness in the State is modified as generally depicted in the Wilderness Map. (b) Withdrawal- Subject to valid existing rights, any Federal land added to or excluded from the boundary of the Wheeler Peak Wilderness under subsection (a) is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this title. TITLE II--LAND CONVEYANCES AND SALES SEC. 201. TOWN OF RED RIVER LAND CONVEYANCE. (a) In General- Subject to the provisions of this section, the Secretary shall convey to the Town, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the one or more parcels of Federal land described in subsection (b) for which the Town submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act. (b) Description of Land- The parcels of Federal land referred to in subsection (a) are the parcels of National Forest System land (including any improvements to the land) in Taos County, New Mexico, that are identified as `Parcel 1', `Parcel 2', `Parcel 3', and `Parcel 4' on the Red River Conveyance Map. (c) Conditions- The conveyance under subsection (a) shall be subject to-- (1) valid existing rights; (2) public rights-of-way through `Parcel 1', `Parcel 3', and `Parcel 4'; (3) an administrative right-of-way through `Parcel 2' reserved to the United States; and (4) such additional terms and conditions as the Secretary may require. (d) Use of Land- As a condition of the conveyance under subsection (a), the Town shall use-- (1) `Parcel 1' for a wastewater treatment plant; (2) `Parcel 2' for a cemetery; (3) `Parcel 3' for a public park; and (4) `Parcel 4' for a public road. (e) Reversion- In the quitclaim deed to the Town under subsection (a), the Secretary shall provide that any parcel of Federal land conveyed to the Town under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as required under subsection (d). (f) Survey; Administrative Costs- (1) SURVEY- The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) COSTS- The Town shall pay the reasonable survey and other administrative costs associated with the conveyance. SEC. 202. VILLAGE OF TAOS SKI VALLEY LAND CONVEYANCE. (a) In General- Subject to the provisions of this section, the Secretary shall convey to the Village, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the parcel of Federal land described in subsection (b) for which the Village submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act. (b) Description of Land- The parcel of Federal land referred to in subsection (a) is the parcel comprising approximately 4.6 acres of National Forest System land (including any improvements to the land) in Taos County generally depicted as `Parcel 1' on the map entitled `Village of Taos Ski Valley Town Site Act Proposal' and dated April 19, 2012. (c) Conditions- The conveyance under subsection (a) shall be subject to-- (1) valid existing rights; (2) an administrative right-of-way through the parcel of Federal land described in subsection (b) reserved to the United States; and (3) such additional terms and conditions as the Secretary may require. (d) Use of Land- As a condition of the conveyance under subsection (a), the Village shall use the parcel of Federal land described in subsection (b) for a wastewater treatment plant. (e) Reversion- In the quitclaim deed to the Village, the Secretary shall provide that the parcel of Federal land conveyed to the Village under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as described in subsection (d). (f) Survey; Administrative Costs- (1) SURVEY- The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) COSTS- The Village shall pay the reasonable survey and other administrative costs associated with the conveyance. SEC. 203. AUTHORIZATION OF SALE OF CERTAIN NATIONAL FOREST SYSTEM LAND. (a) In General- Subject to the provisions of this section and in exchange for consideration in an amount that is equal to the fair market value of the applicable parcel of National Forest System land, the Secretary may convey-- (1) to the holder of the permit numbered `QUE302101' for use of the parcel, the parcel of National Forest System land comprising approximately 0.2 acres that is generally depicted as `Parcel 5' on the Red River Conveyance Map; and (2) to the owner of the private property adjacent to the parcel, the parcel of National Forest System land comprising approximately 0.1 acres that is generally depicted as `Parcel 6' on the Red River Conveyance Map. (b) Disposition of Proceeds- Any amounts received by the Secretary as consideration for a conveyance under subsection (a) shall be-- (1) deposited in the fund established under Public Law 90-171 (commonly known as the `Sisk Act') (16 U.S.C. 484a); and (2) available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land in the Carson National Forest. (c) Conditions- The conveyance under subsection (a) shall be subject to-- (1) valid existing rights; and (2) such additional terms and conditions as the Secretary may require. (d) Survey; Administrative Costs- (1) SURVEY- The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) COSTS- The reasonable survey and other administrative costs associated with the conveyance shall be paid by the holder of the permit or the owner of the private property, as applicable.
S.771 Apr-18-13
STATUS: April 18, 2013.--Introduced. S.771 Soledad Canyon Settlement Act (Introduced in Senate - IS) S 771 IS 113th CONGRESS1st SessionS. 771 To provide to the Secretary of the Interior a mechanism to cancel contracts for the sale of materials CA-20139 and CA-22901, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 18, 2013 Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide to the Secretary of the Interior a mechanism to cancel contracts for the sale of materials CA-20139 and CA-22901, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Soledad Canyon Settlement Act'. SEC. 2. DEFINITIONS. In this Act: (1) CITY OF SANTA CLARITA- The term `City of Santa Clarita' means the City of Santa Clarita, California. (2) CITY OF VICTORVILLE- The term `City of Victorville' means the City of Victorville, California. (3) CONTRACTS- The term `contracts' means the Bureau of Land Management mineral contracts numbered CA-20139 and CA-22901. (4) CONTRACT HOLDER- The term `contract holder' means the private party to the contracts, and any successors that hold legal interests in the contracts. (5) COUNTY OF SAN BERNARDINO- The term `County of San Bernardino' means the County of San Bernardino, California. (6) MAP- The term `Map' means the map entitled `Victorville disposal area, California' and dated March 2011. (7) SECRETARY- The term `Secretary' means the Secretary of the Interior. (8) VICTORVILLE DISPOSAL AREA- The term `Victorville disposal area' means the 10,224.32 acres of land identified for disposal in the West Mojave Land Management Plan (2006) of the Bureau of Land Management and depicted on the Map. SEC. 3. APPRAISAL; COMPENSATION TO CONTRACT HOLDER. (a) Contract Suspension- The Secretary shall suspend the contracts until the completion of the processes described in subsections (b) and (c), effective on the date of enactment of this Act. (b) Appraisals- (1) CONTRACT APPRAISAL- (A) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall determine by mineral appraisal, using the discounted cash flow method of appraisal (in accordance with the appraisal guidelines for appraisals of large quantities of mineral materials contained in section IV(E) of BLM Mineral Material Appraisal Handbook H-3630)-- (i) the fair market value of the contracts; and (ii) the amount of royalties the Federal Government would receive under the contracts over the 10-year period beginning on the date of enactment of this Act. (B) CONSIDERATIONS- In making the determination under subparagraph (A), the Secretary shall assume that-- (i) the contract holder has obtained all the permits and entitlements necessary to mine, produce, and sell sand and gravel under the contract; and (ii) mining operations under the contract have commenced at the time of the determination, with maximum annual production volumes that-- (I) are based on the projected supply and demand outlook at the time of determination; and (II) reflect depletion of the reserves that are subject to the contract within the effective periods of the contract. (C) DONATION- The Secretary may accept a donation of non-Federal funds to cover the costs of the appraisal under subparagraph (A). (2) LAND APPRAISAL- (A) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall determine by appraisal standards under existing laws and regulations, the fair market value of the Victorville disposal area on a net present value basis. (B) DONATION- The Secretary may accept a donation of non-Federal funds to cover the costs of the appraisal under subparagraph (A). (c) Compensation- (1) IN GENERAL- Subject to paragraph (2), not later than 30 days after completion of the appraisals under subsection (b), the Secretary shall offer the contract holder compensation for the cancellation of the contracts. (2) CONDITIONS ON OFFER- An offer made by the Secretary under paragraph (1) shall be subject to the following conditions: (A) The cancellation of the contracts and the provision of compensation shall be contingent on the availability of funds from the sale of the Victorville disposal area under section 4, and any additional compensation provided under subparagraph (D), as determined necessary by the Secretary. (B) The amount of compensation offered by the Secretary under this subsection shall be equal to or less than the fair market value of the contracts, as determined under subsection (b)(1)(A)(i). (C) The amount of compensation offered by the Secretary under this subsection shall be equal to or less than the projected revenues generated by the sale of the Victorville disposal area under section 4, less the projected lost royalties to the Federal Government over the 10-year period beginning on the date of enactment of this Act, as determined under subsection (b)(1)(A)(ii). (D) If the amount of projected revenues described in subparagraph (C) is less than the fair market value determined under subsection (b)(1)(A)(i), the Secretary shall, not later than 60 days after the date on which the Director of the Bureau of Land Management determines the projected revenues under subparagraph (C), negotiate an agreement with the contract holder and the City of Santa Clarita to provide to the Secretary amounts equal to the difference, in the form of-- (i) compensation to be received by the contract holder; and (ii) compensation in a form acceptable to the Secretary to be provided by the City of Santa Clarita. (3) ACCEPTANCE OF OFFER- (A) IN GENERAL- The contract holder shall have 60 days from the later of the date on which the Secretary makes the offer under paragraph (1) or an agreement is negotiated under paragraph (2)(D) to accept the offer or agreement. (B) CLAIM- If the contract holder does not accept the offer or agreement under subparagraph (A), the Secretary shall cancel the contracts under paragraph (4) and direct that the contract holder file a claim relating to the issue of compensation in the United States Court of Federal Claims. (4) CANCELLATION- If no agreement can be reached within the timeframe specified in paragraph 2(D), the Secretary shall-- (A) cancel the contracts; (B) withdraw those areas that were subject to the contracts from further mineral entry under all mineral leasing and sales authorities available to the Secretary; and (C) direct that the contract holder file a claim in the United States Court of Federal Claims for relief. SEC. 4. SALE OF LAND NEAR VICTORVILLE, CALIFORNIA. (a) In General- Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713) and subject to subsections (b) through (f), the Secretary shall offer for sale by competitive bidding and in a manner designed to obtain the highest price possible, all right, title, and interest of the United States in and to the Victorville disposal area. (b) Completion Date- The Secretary shall complete the sale under subsection (a) by not later than 2 years after the date of enactment of this Act. (c) Availability of Map- The Secretary shall keep the Map on file and available for public inspection in-- (1) the office of the Director of the Bureau of Land Management; and (2) the district office of the Bureau of Land Management located in Barstow, California. (d) Right of Local Land Use Authority To Purchase Certain Land- (1) IN GENERAL- Before a sale of land under subsection (a), the Secretary shall provide to the applicable local land use authority an exclusive preemptive right, as determined under State law, to purchase any right, title, or interest of the United States in and to any portion of the parcels of land identified as `Area A' and `Area B' on the Map that is located within the jurisdiction of the local land use authority. (2) TIMING- A preemptive right under paragraph (1) shall be in effect for a period of 30 days before the land is sold under subsection (a). (3) AUTHORITY- During the period described in paragraph (2), the local land use authority may purchase some or all of the right, title, and interest of the United States, as provided in subsection (a), in and to the land to be offered for sale at fair market value, as determined by an appraisal conducted by the Secretary. (4) EXERCISING RIGHT- If the local land use authority exercises the preemptive right under paragraph (1), the Secretary shall convey the land to the local land use authority immediately on payment by the local land use authority of the entire purchase price of the applicable parcel of land. (5) FAILURE TO PAY- Failure by the local land use authority to purchase and pay for the right, title, and interest of the United States in and to the land described in paragraph (1) within the time period described in paragraph (2) and to comply with any other terms and conditions as the Secretary may require shall terminate the preemptive right of the local land use authority with respect to the right, title, and interest offered for sale. (e) Withdrawal and Reservation- (1) WITHDRAWAL- Subject to valid existing rights, the land described in subsection (a) is withdrawn from-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) RESERVATION- In any sale or other disposal of land under this section, there shall be reserved by the United States the right of the United States to prospect for, mine, and remove minerals from the conveyed land. (f) Consultation- In addition to any consultation otherwise required by law, before initiating efforts to dispose of land under this section, the Secretary shall consult with the City of Victorville, the County of San Bernardino, and surface owners in the jurisdiction in which the land is located regarding the potential impact of the disposal and other appropriate aspects of the disposal. (g) Account- The gross proceeds of a sale of land under subsection (a) shall be deposited in an account acceptable to the Secretary and available only for the purposes of carrying out this Act. SEC. 5. CANCELLATION OF CONTRACTS. (a) In General- As soon as practicable after the funds received from the sale under section 4 are available and not later than 2 years after the date of enactment of this Act, the Secretary shall cancel the contracts and withdraw those areas that were subject to the contracts from further mineral entry under all mineral leasing and sales authorities available to the Secretary. (b) Compensation; Retention of Funds- On cancellation of the contracts under subsection (a), the Secretary shall-- (1) provide the compensation agreed to under section 3 to the contract holder by disbursement of amounts from the account; and (2) retain sufficient funds to cover the projected lost royalties determined under section 3(b)(1)(A)(ii).