Page:United States Statutes at Large Volume 119.djvu/780

 119 STAT. 762

PUBLIC LAW 109–58—AUG. 8, 2005

extent that the advance royalties have not been used to reduce production royalties for a prior year.’’. SEC. 435. ELIMINATION OF DEADLINE FOR SUBMISSION OF COAL LEASE OPERATION AND RECLAMATION PLAN.

Section 7(c) of the Mineral Leasing Act (30 U.S.C. 207(c)) is amended by striking ‘‘and not later than three years after a lease is issued,’’. SEC. 436. AMENDMENT RELATING TO FINANCIAL ASSURANCES WITH RESPECT TO BONUS BIDS.

Section 2(a) of the Mineral Leasing Act (30 U.S.C. 201(a)) is amended by adding at the end the following: ‘‘(4)(A) The Secretary shall not require a surety bond or any other financial assurance to guarantee payment of deferred bonus bid installments with respect to any coal lease issued on a cash bonus bid to a lessee or successor in interest having a history of a timely payment of noncontested coal royalties and advanced coal royalties in lieu of production (where applicable) and bonus bid installment payments. ‘‘(B) The Secretary may waive any requirement that a lessee provide a surety bond or other financial assurance to guarantee payment of deferred bonus bid installment with respect to any coal lease issued before the date of the enactment of the Energy Policy Act of 2005 only if the Secretary determines that the lessee has a history of making timely payments referred to in subparagraph (A). ‘‘(5) Notwithstanding any other provision of law, if the lessee under a coal lease fails to pay any installment of a deferred cash bonus bid within 10 days after the Secretary provides written notice that payment of the installment is past due— ‘‘(A) the lease shall automatically terminate; and ‘‘(B) any bonus payments already made to the United States with respect to the lease shall not be returned to the lessee or credited in any future lease sale.’’.

Deadline. Notices.

42 USC 15991.

SEC. 437. INVENTORY REQUIREMENT.

(a) REVIEW OF ASSESSMENTS.— (1) IN GENERAL.—The Secretary of the Interior, in consultation with the Secretary of Agriculture and the Secretary, shall review coal assessments and other available data to identify— (A) Federal lands with coal resources that are available for development; (B) the extent and nature of any restrictions on the development of coal resources on Federal lands identified under paragraph (1); and (C) with respect to areas of such lands for which sufficient data exists, resources of compliant coal and supercompliant coal. (2) DEFINITIONS.—For purposes of this subsection— (A) the term ‘‘compliant coal’’ means coal that contains not less than 1.0 and not more than 1.2 pounds of sulfur dioxide per million Btu; and (B) the term ‘‘supercompliant coal’’ means coal that contains less than 1.0 pounds of sulfur dioxide per million Btu. (b) COMPLETION AND UPDATING OF THE INVENTORY.—The Secretary—

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