,,ii #aadth ,,congress #b;d ,session ,s4 #bich ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ag1 #bjaf,mr4 ,daines 7for himself1 ,mr4 ,enzi1 and ,mr4 ,barrasso7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to direct the ,secretary of the ,interior to reestablish the ,royalty ,policy ,committee in order to further a more consultative process with key ,federal1 ,state1 tribal1 environmental1 and energy stakeholders1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,certainty for ,states and ,tribes ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,committee ,the term ,committee means the ,royalty ,policy ,committee reestablished under section #c7;a74 7#b7 ,board ,the term ,board means the ,state and ,tribal ,resources ,board established under section #c7;c74 7#c7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #c4 ,reconstitution of the royalty policy 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall reestablish the ,royalty ,policy ,committee in accordance with the charter of the ,secretary dated ,march #bf1 #bjaj1 except as otherwise provided in this ,act4 7b7 ,corrections and updates ,in reestablishing the ,committee1 the ,secretary shall make appropriate technical corrections and updates to the charter of the ,committee1 including by revising-- 7#a7 all references to the ,minerals ,management ,service or the ,minerals ,revenue ,management so as to refer to the ,office of ,natural ,resources ,revenue2 7#b7 the estimated number and frequency of meetings of the ,committee so that the ,committee shall meet not less frequently than once each year2 and 7#c7 the non-,federal membership of the ,committee to include-- 7,a7 not fewer than #e members representing ,governors of ,states that receive more than #aj1jjj1jjj annually in royalty revenues from ,federal leases2 and 7,b7 not more than #e members representing ,indian tribes that are mineral-producing ,indian tribes under-- 7i7 the ,act of ,may #aa1 #aich 7commonly known as the ,indian ,mineral ,leasing ,act of #aich7 7#be ,u4,s4,c4 #cif;a et seq472 7ii7 title ,,xxvi of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja et seq472 7iii7 the ,indian ,mineral ,development ,act of #aihb 7#be ,u4,s4,c4 #baja et seq472 or 7iv7 any other law relating to mineral development that is specific to one or more ,indian tribes4 7c7 ,establishment of subcommittee 7#a7 ,in general ,the ,secretary shall establish a subcommittee of the ,committee1 to be known as the ,state and ,tribal ,resources ,board4 7#b7 ,membership ,the ,board shall be comprised of the non-,federal members of the ,committee described in subsection 7b77#c74 #d4 ,review of regulations and policies 7a7 ,consultation and report 7#a7 ,in general ,with respect to any proposed regulation or policy relating to mineral leasing policy for ,federal land or ,indian land for exploration1 development1 or production of oil1 gas1 or coal 7including valuation methodologies and royalty and lease rates for oil1 gas1 or coal71 not later than #ahj days after the applicable date described in paragraph 7#b71 the ,committee shall-- 7,a7 assess the proposed regulation or policy2 and 7,b7 issue a report that describes the potential impact of the proposed regulation or policy1 including any ,state and tribal budgetary and economic impacts described in subsection 7b74 7#b7 ,date described ,the date referred to in paragraph 7#a7 is1 as applicable-- 7,a7 with respect to a proposed regulation or policy issued on or after the date of enactment of this ,act1 the date of the issuance by the ,secretary of the proposed regulation or policy2 and 7,b7 with respect to a proposed regulation or policy that is pending as of the date of enactment of this ,act1 the date of the enactment of this ,act4 7b7 ,state and tribal impact determination 7#a7 ,in general ,to the maximum extent practicable1 before any proposed regulation described in subsection 7a77#a7 is issued as a final rule1 the ,board shall publish a determination of the impact of the regulation on school funding1 public safety1 and other essential ,state or ,indian tribal government services4 7#b7 ,delay request ,if the ,board determines that a regulation described in paragraph 7#a7 will have a negative ,state or tribal budgetary or economic impact1 the ,board may request a delay in the issuance of the proposed regulation as a final rule for the purposes of further-- 7,a7 stakeholder consultation2 7,b7 budgetary review2 and 7,c7 development of a proposal to mitigate the negative budgetary or economic impact4 7#c7 ,limitation ,a delay under paragraph 7#b7 shall not exceed a #ahj-;day period beginning on the date on which the ,board requested the delay4 7c7 ,revision of proposed regulation 7#a7 ,in general ,before any proposed regulation described in subsection 7a77#a7 may be issued as a final rule1 the ,secretary shall take into account any negative ,state or tribal budgetary or economic impact determined by the ,committee under subsection 7a77#a7 and revise the proposed regulation to avoid the negative impact4 7#b7 ,final rule ,any final regulation subject to paragraph 7#a7 shall include-- 7,a7 a summary of the report required under subsection 7a77#a77;,b72 and 7,b7 a clear explanation of why the recommendations of that report 7including the ,state and tribal determination under subsection 7b77#a77 were or were not taken into account in the finalization of the regulation4 7d7 ,report to ,congress ,the ,secretary shall submit to the ,chairmen and ,ranking ,members of the ,committee on ,energy and ,natural ,resources and the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report regarding the explanation under subsection 7c77#b77;,b7 of why the recommendations of the report under subsection 7a77#a77;,b7 7including the ,state and tribal determination under subsection 7b77#a77 were or were not taken into account in the finalization of the regulation4 #e4 ,special review of programmatic environmental impact statement 7a7 ,participants in programmatic review 7#a7 ,in general ,in carrying out the programmatic review of coal leasing on ,federal land as described in section #d of ,secretarial ,order #ccch1 issued by the ,secretary on ,january #ae1 #bjaf1 and entitled ,discretionary ,programmatic ,environmental ,impact ,statement to ,modernize the ,federal ,coal ,program1 the ,secretary shall confer with1 and take into consideration the views of1 representatives appointed to the review board described in paragraph 7#b74 7#b7 ,review board ,each ,governor of a ,state in which more than #aj1jjj1jjj in revenue is collected annually by the ,united ,states as bonus bids1 royalties1 and rentals1 and fees for production of coal under leases of ,federal land1 may appoint not more than #c representatives to a review board to carry out the programmatic review described in paragraph 7#a71 not fewer than one of whom shall be a member of the ,board4 7#c7 ,deadline 7,a7 ,in general ,the ,secretary shall complete the programmatic review described in paragraph 7#a7 not later than ,january #ae1 #bjai4 7,b7 ,failure to meet deadline ,if the programmatic review is not completed by the deadline described in subparagraph 7,a71 the programmatic review shall be considered to be complete as of that deadline4 7b7 ,termination of other programmatic review ,beginning on ,january #af1 #bjai1 no ,federal funds may be used to carry out the programmatic review described in subsection 7a77#a74 7c7 ,no implementation requirement ,nothing in this section requires the ,secretary to conduct or complete the programmatic review or keep in effect the pause or moratorium on the issuance of new ,federal coal leases under the ,secretarial order described in subsection 7a77#a7 after ,january #bj1 #bjag4 7d7 ,termination of moratorium ,effective ,january #af1 #bjai-- 7#a7 the pause or moratorium on the issuance of new ,federal coal leases under the ,secretarial order referred to in subsection 7a77#a7 is terminated2 and 7#b7 that ,secretarial order shall have no force or effect4 #f4 ,grandfathering of coal leases on application and coal lease modifications ,nothing in ,secretarial ,order #ccch1 issued by the ,secretary on ,january #ae1 #bjaf1 and entitled ,discretionary ,programmatic ,environmental ,impact ,statement to ,modernize the ,federal ,coal ,program shall be considered to prohibit or restrict any issuance of a coal lease on application1 or modification to a coal lease on application pursuant to subpart #cdcb of part #cdcj of title #dc1 ,code of ,federal ,regulations 7or successor regulations71 for which the ,bureau of ,land ,management has begun a review under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7 as of ,january #ae1 #bjaf4 #g4 ,deadline for coal lease sales and modifications ,not later than #a year after the date on which the ,secretary completes the analysis required under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7 for an application for a coal lease1 or an application for a modification to a coal lease pursuant to subpart #cdcb of part #cdcj of title #dc1 ,code of ,federal ,regulations 7or successor regulations71 accepted by the ,secretary1 the ,secretary shall conduct the lease sale and issue the lease1 or approve the modification1 unless the applicant indicates in writing that the applicant no longer seeks the lease or modification to the lease4