Page:United States Statutes at Large Volume 119.djvu/778

 119 STAT. 760

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary to carry out section 3102(a)(2)— ‘‘(1) $300,000,000 for fiscal year 2007; ‘‘(2) $100,000,000 for fiscal year 2008; ‘‘(3) $40,000,000 for fiscal year 2009; ‘‘(4) $30,000,000 for fiscal year 2010; and ‘‘(5) $30,000,000 for fiscal year 2011. ‘‘(d) APPLICABILITY.—No technology, or level of emission reduction under subsection (a)(2) shall be treated as adequately demonstrated for purpose of Section 111 of the Clean Air Act (42 U.S.C. 7411), achievable for purposes of section 169 of that Act (42 U.S.C. 7479), or achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501) solely by reason of the use of such technology, or the achievement of such emission reduction, by one or more facilities receiving assistance under section 3102(a)(2).’’. (b) TABLE OF CONTENTS AMENDMENT.—The table of contents of the Energy Policy Act of 1992 (42 U.S.C. prec. 13201) is amended by adding at the end the following: ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. Coal Leasing Amendments Act of 2005. 42 USC 15801.

3101. 3102. 3103. 3104.

‘‘TITLE XXXI—CLEAN AIR COAL PROGRAM Purposes. Authorization of program. Generation projects. Air quality enhancement program.’’.

Subtitle D—Federal Coal Leases SEC. 431. SHORT TITLE.

This subtitle may be cited as the ‘‘Coal Leasing Amendments Act of 2005’’. SEC. 432. REPEAL OF THE 160-ACRE LIMITATION FOR COAL LEASES.

Section 3 of the Mineral Leasing Act (30 U.S.C. 203) is amended— (1) in the first sentence, by striking ‘‘Any person’’ and inserting the following: ‘‘(a)(1) Except as provided in paragraph (3), on a finding by the Secretary under paragraph (2), any person’’; (2) in the second sentence, by striking ‘‘The Secretary’’ and inserting the following: ‘‘(b) The Secretary’’; (3) in the third sentence, by striking ‘‘The minimum’’ and inserting the following: ‘‘(c) The minimum’’; (4) in subsection (a) (as designated by paragraph (1))— (A) by striking ‘‘upon’’ and all that follows and inserting the following: ‘‘secure modifications of the original coal lease by including additional coal lands or coal deposits contiguous or cornering to those embraced in the lease.’’; and (B) by adding at the end the following: ‘‘(2) A finding referred to in paragraph (1) is a finding by the Secretary that the modifications— ‘‘(A) would be in the interest of the United States; ‘‘(B) would not displace a competitive interest in the lands; and

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