---
kind: "diff"
citation: "H.R. 5259"
bill: "114-hr-5259"
heading: "Certainty for States and Tribes Act"
from: "ih"
from_label: "Introduced in House"
to: "rh"
to_label: "Reported in House"
sections_amended: 2
sections_added: 0
sections_removed: 0
url: "https://uscodex.org/bills/114/hr/5259/changes/rh"
---

# H.R. 5259 — what changed

H.R. 5259, Certainty for States and Tribes Act — 2 sections amended between Introduced in House and Reported in House.

Edits are marked `<del>struck</del>` and `<ins>inserted</ins>`.

## Sec. 3 Review of regulations and policies the royalty policy committee advisory activities should include

- (a) Consultation and report— Not later than 180 days after the date of the issuance by the Department of the Interior of any proposed regulation or policy related to mineral leasing policy for Federal <ins>or Indian </ins>land for exploration, development, or production of oil, gas, or coal (including valuation methodologies and royalty and lease rates for oil, gas, or coal), and not later than 180 days after the date of the enactment of this Act with respect to any proposed regulation of such Department relating to such policy that is pending as of the date of the enactment of this Act, the Committee shall—
  - (1) assess the proposed regulation or policy; and
  - (2) issue a report that describes the potential impact of the proposed regulation or policy, including any State and tribal economic impacts described in subsection (b).
- (b) State and tribal impact determination—
  - (1) In general— Before the date on which any proposed regulation related to mineral leasing policy on Federal <ins>or Indian </ins>land (including valuation methodologies and royalty and lease rates for oil, gas, or coal) may be issued as a final rule, the State and Tribal Resources Board shall publish a determination of the impact of the regulation on school funding, public safety, and other essential State or Indian tribal government services.
  - (2) Delay request— If the State and Tribal Resources Board determines that a regulation described in paragraph (1) will have a negative State or tribal budgetary impact, the <del>State and Tribal Resources Board may </del><ins>Secretary shall, upon </ins>request <ins>by the Board, grant </ins>a delay <ins>of 180 days </ins>in the finalization of the regulation for the purposes of further—
    - (A) stakeholder consultation;
    - (B) budgetary review; and
    - (C) development of a proposal to mitigate the negative economic impact.
  - (3) <del>Limitation—</del> <del>A delay under paragraph (2) shall not exceed 180 days from the date on which the State and Tribal Resources Board requested the delay in finalization.</del>
- (c) Revision of proposed regulation—
  - (1) In general— Before the date on which any proposed regulation related to mineral leasing policy on Federal <ins>or Indian </ins>land (including valuation methodologies and royalty and lease rates for oil, gas, or coal) is issued as a final rule, the Secretary shall <del>revise </del><ins>publish in </ins>the <ins>Federal Register, in the same docket as such </ins>proposed <del>regulation to avoid any </del><ins>regulation, a description of the impacts determined by the Board in the report issued under subsection (a)(2), the recommendations made by the Board (if any) for mitigation of </ins>negative <del>State or tribal economic impact </del><ins>impacts </ins>determined by the <del>Committee </del><ins>Board </ins>under subsection <del>(a)(2).</del><ins>(b)(2), and a clear explanation of why such recommendations of the Board were or were not incorporated in the final regulation.</ins>
  - (2) Final rule— Any final regulation subject to paragraph (1) must include—
    - (A) a summary of the report required under subsection (a)(2); and
    - (B) a clear explanation of why the recommendations of that report (including the State and tribal determination) were or were not taken into account in the finalization of the regulation.

## Sec. 4 Special review of programmatic environmental impact statement

- (a) Participants in programmatic review—
  - (1) In general— In carrying out the programmatic review of coal leasing <del>on Federal land </del>as described in section 4 of the order of the Secretary of the Interior entitled “Discretionary Programmatic Environmental Impact Statement to Modernize the Federal Coal Program”, numbered 3338 and dated January 15, 2016, the Secretary shall confer with, and take into consideration the views of, representatives appointed to the review board described in paragraph (2).
  - (2) Review board— The Governor of each State in which more than $10,000,000 in revenue is collected annually by the United States as bonus bids, royalties, and rentals, and fees for production of coal under leases of Federal land or Indian land may each appoint not more than 3 representatives to a review board for purposes of paragraph (1), at least one of whom shall be a member of the State and Tribal Resources Board.
  - (3) Deadline—
    - (A) In general— The Secretary shall complete the programmatic review referred to in paragraph (1) not later than January 15, 2019.
    - (B) Failure to meet deadline— If the programmatic review is not completed by the deadline described in subparagraph (A), the programmatic review shall be considered to be complete as of that deadline.
- (b) Termination of other programmatic review— No Federal funds may be used to carry out the programmatic review of coal leasing <del>on Federal land </del><ins>as </ins>described in subsection (a)(1) after January 15, 2019.
- (c) No implementation requirement— Nothing in this section requires the Secretary to conduct or complete the programmatic review of coal leasing <del>on Federal land </del><ins>as </ins>described in subsection (a)(1) after January 20, 2017.
- (d) Termination of moratorium— Effective January 16, 2019—
  - (1) the pause or moratorium on the issuance of new Federal coal leases under the Secretarial order referred to in subsection (a)(1) is terminated; and
  - (2) that Secretarial order shall have no force or effect.