[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5347 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 783
115th CONGRESS
  2d Session
                                H. R. 5347

                         [Report No. 115-1002]

To facilitate resolution of environmental remediation and reclamation, 
resolve potential liability of the United States, and promote economic 
      development in Lyon County, Nevada, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2018

  Mr. Amodei introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                            November 2, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               20, 2018]


_______________________________________________________________________

                                 A BILL


 
To facilitate resolution of environmental remediation and reclamation, 
resolve potential liability of the United States, and promote economic 
      development in Lyon County, Nevada, 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 ``Lyon County 
Economic Development and Environmental Remediation Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Conveyance of land; resolution of Federal liability.
Sec. 5. General provisions relating to the conveyance.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Atlantic richfield.--The term ``Atlantic Richfield'' 
        means the Atlantic Richfield Company, a Delaware corporation, 
        or its successors or assigns.
            (2) BLM.--The term ``BLM'' means the Bureau of Land 
        Management.
            (3) CERCLA.--The term ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (4) County.--The term ``County'' means Lyon County, Nevada.
            (5) Federal selected lands.--The term ``Federal selected 
        lands'' means the approximately 2,062 acres of land managed by 
        the BLM, located in five distinct parcels in Lyon County, 
        Nevada, and generally depicted on the map entitled ``Anaconda 
        Copper Mine Site--Federal Parcels Proposed to be Acquired'' and 
        dated September 7, 2017.
            (6) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (7) Map.--The term ``Map'' means the map entitled 
        ``Anaconda Copper Mine Site--Federal Parcels Proposed to be 
        Acquired'' and dated September 7, 2017.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) Site.--The term ``Site'' means the Anaconda Copper Mine 
        Site located in Lyon County, Nevada.
            (10) State.--The term ``State'' means the State of Nevada.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) Atlantic Richfield is performing environmental response 
        actions under CERCLA at the Site with the State's Division of 
        Environmental Protection in the lead oversight role;
            (2) to comprehensively and efficiently facilitate the 
        environmental remediation and reclamation at the Site, Atlantic 
        Richfield requires access to land that is owned by the Federal 
        Government;
            (3) more than half of the acreage located within the Site's 
        boundaries is owned by the Federal Government and managed by 
        the BLM, and, therefore, attempting to implement a CERCLA 
        remedy on BLM-managed lands requires extensive coordination and 
        can involve substantial delays and increased costs;
            (4) because the historic releases and elements of the 
        remedy do not follow existing property boundaries, reducing any 
        inconsistent treatment based on land ownership will benefit 
        cost management, efficiency of operations and maintenance, and 
        long-term protectiveness;
            (5) the United States may be designated as a potentially 
        responsible party under CERCLA and accordingly could be 
        assigned a significant liability share for CERCLA response 
        costs;
            (6) at the time of conveyance, the Federal selected lands 
        will be unburdened by mining claims;
            (7) the conveyance of the Federal selected lands will 
        promote economic development within the County by consolidating 
        private land for future mining activities;
            (8) the BLM has routinely conveyed lands to potentially 
        responsible parties to facilitate remedial actions;
            (9) a legislated land conveyance is necessary to meet the 
        remediation goals of the Site, promote economic development in 
        the County, and for BLM and the United States to receive a 
        covenant not to sue and indemnity for certain potential 
        liabilities relating to the Site;
            (10) the Federal selected lands contain contamination and 
        hazardous waste, and therefore the fair market value of such 
        lands is minimal;
            (11) the United States potential CERCLA liability at the 
        Site is substantially greater than the fair market value of the 
        Federal selected lands; and
            (12) the BLM and Atlantic Richfield have concluded that 
        conveyance of the Federal selected lands to Atlantic Richfield 
        in exchange for resolution of certain United States liabilities 
        is reasonable, logical, advisable, and in the public interest.

SEC. 4. CONVEYANCE OF LAND; RESOLUTION OF FEDERAL LIABILITY.

    (a) Federal Selected Lands.--Notwithstanding section 120(h) of 
CERCLA (42 U.S.C. 9620(h)), not later than 120 days after the date of 
the enactment of this Act, the Secretary shall convey all right, title, 
and interest (including mineral rights) of the United States in and to 
the Federal selected lands to Atlantic Richfield.
    (b) Covenant Not To Sue and Indemnity.--Upon conveyance of the 
Federal selected lands under subsection (a), and for full and complete 
compensation for those lands, Atlantic Richfield shall--
            (1) covenant not to sue and agree not to assert any claims 
        or causes of action against the BLM or its contractors or 
        employees with respect to CERCLA response costs that Atlantic 
        Richfield has incurred or will incur at or relating to the 
        Site; and
            (2) indemnify the United States against future liabilities 
        that result from Atlantic Richfield's activities on the Federal 
        selected lands after the conveyance.
    (c) Equal Value.--The value of the Federal selected lands is deemed 
to be equal to or less than the United States portion of the CERCLA 
response costs at the Site and no further valuation is required for the 
purposes of this Act or the conveyance of the Federal selected lands 
under this Act.

SEC. 5. GENERAL PROVISIONS RELATING TO THE CONVEYANCE.

    (a) In General.--The conveyance authorized by this Act shall be 
subject to the following terms and conditions:
            (1) Existing encumbrances.--In the United States patent to 
        be issued pursuant to this Act, the Secretary shall describe 
        any existing known encumbrances in the patent. The terms of 
        such encumbrances shall be prescribed by the Secretary not 
        later than 30 days after the date of the enactment of this Act.
            (2) Right of rescission.--This Act shall not be binding on 
        either the United States or Atlantic Richfield if, not later 
        than 45 days after the date of the enactment of this Act, 
        Atlantic Richfield submits to the Secretary a duly authorized 
        and executed resolution of the Company stating its intention 
        not to enter into the conveyance authorized by this Act.
    (b) Withdrawal.--Subject to valid existing rights, effective on the 
date of the enactment of this Act, the Federal selected lands are 
hereby withdrawn from all forms of appropriation under the public land 
laws (including the mining laws) and from disposition under all laws 
pertaining to mineral leasing.
    (c) Patent.--The conveyance of the Federal selected lands under 
this Act shall be by United States patent acceptable to the Secretary 
and in conformity with applicable title standards of the Attorney 
General.
    (d) Tribal Rights.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall initiate in government-to-
government consultation with any Indian Tribe affected by the 
conveyance of the Federal selected lands regarding issues of concern to 
the affected Indian Tribe related to the land conveyance. Such 
consultation shall conclude within 90 days of its initiation. After the 
consultation under this subsection, the Secretary shall consult with 
Atlantic Richfield and seek to find mutually acceptable measures to 
address any identified concerns of the affected Indian Tribe.
    (e) Tribal Rights Unaffected.--Nothing in this Act alters or 
diminishes the treaty rights of any Indian Tribe.
    (f) State Law Unaffected.--Nothing in this Act modifies, expands, 
diminishes, amends, or otherwise affects any State law relating to the 
imposition, application, timing, or collection of a State tax.
    (g) Compliance With Applicable Laws.--The land transfer directed by 
this Act, and all determinations, authorizations, and actions taken by 
the Secretary pursuant to this Act, are deemed to be non-discretionary 
actions authorized and directed by Congress, and to comply with all 
applicable procedural and other requirements of the laws of the United 
States.
    (h) Use of Federal Selected Lands.--Notwithstanding the former 
ownership of the Federal selected lands by the United States, such land 
shall be treated as non-Federal land after the conveyance of such lands 
to Atlantic Richfield.
    (i) Environmental Compliance.--After the conveyance, Atlantic 
Richfield shall perform all response actions determined by the State 
Division of Environmental Protection to be necessary to protect human 
health and the environment with respect to any hazardous substance 
stored, released, or disposed of on the Federal selected lands. 
Response actions on the Federal selected lands shall be conducted in 
accordance with applicable Federal, State, and local laws pertaining to 
response, mining, and related activities on land in private ownership.
    (j) Availability of Map.--The Map shall be on file and available 
for public inspection in the appropriate offices of the BLM.
                                                 Union Calendar No. 783

115th CONGRESS

  2d Session

                               H. R. 5347

                         [Report No. 115-1002]

_______________________________________________________________________

                                 A BILL

To facilitate resolution of environmental remediation and reclamation, 
resolve potential liability of the United States, and promote economic 
      development in Lyon County, Nevada, and for other purposes.

_______________________________________________________________________

                            November 2, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed