[House Report 112-512]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-512

======================================================================



 
            THREE KIDS MINE REMEDIATION AND RECLAMATION ACT

                                _______
                                

  June 1, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2512]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2512) to provide for the conveyance of certain 
Federal land in Clark County, Nevada, for the environmental 
remediation and reclamation of the Three Kids Mine Project 
Site, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Three Kids Mine Remediation and 
Reclamation Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Hazardous substance; pollutant or contaminant; release; 
        remedy; response.--The terms ``hazardous substance'', 
        ``pollutant or contaminant'', ``release'', ``remedy'', and 
        ``response'' have the meanings respectively set forth for those 
        terms in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
          (2) Henderson redevelopment agency.--The term ``Henderson 
        Redevelopment Agency'' means the public body, corporate and 
        politic, known as the redevelopment agency of the City of 
        Henderson, Nevada, established and authorized to transact 
        business and exercise its powers in accordance with the Nevada 
        Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 
        279.685, inclusive).
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (4) State.--The term ``State'' means the State of Nevada.
          (5) Three kids mine federal land.--The term ``Three Kids Mine 
        Federal Land'' means the parcel or parcels of Federal land 
        consisting of approximately 948 acres in sections 26, 34, 35, 
        and 36, Township 21 South, Range 63 East, Mount Diablo 
        Meridian, Nevada, as depicted on the map entitled ``Three Kids 
        Mine Project Area'' and dated February 6, 2012.
          (6) Three kids mine project site.--The term ``Three Kids Mine 
        Project Site'' means the Three Kids Mine Federal Land and the 
        adjacent approximately 314 acres of non-Federal land, together 
        comprising approximately 1,262 acres, as depicted on the map 
        entitled ``Three Kids Mine Project Area'' and dated February 6, 
        2012.

SEC. 3. LAND CONVEYANCE.

  (a) In General.--Notwithstanding sections 202 and 203 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713) and any 
other provision of law, as soon as practicable after fulfillment of the 
conditions in subsection (b), and subject to valid existing rights, the 
Secretary shall convey to the Henderson Redevelopment Agency all right, 
title, and interest of the United States in the Three Kids Mine Federal 
Land.
  (b) Conditions.--
          (1) Determination of fair market value.--The Secretary shall 
        administratively adjust the fair market value of the Three Kids 
        Mine Federal Land as determined pursuant to paragraph (2) by 
        deducting from the fair market value of the Three Kids Mine 
        Federal Land the reasonable approximate assessment, remediation 
        and reclamation costs for the Three Kids Mine Project Area as 
        determined pursuant to paragraph (3). The Secretary shall begin 
        the appraisal and cost determination under paragraphs (2) and 
        (3), respectively, not later than 30 days after the date of the 
        enactment of this Act.
          (2) Appraisal.--The Secretary shall determine the fair market 
        value of the Three Kids Mine Federal Land based on an appraisal 
        without regard to any existing contamination associated with 
        historical mining or other uses on the property and in 
        accordance with nationally recognized appraisal standards 
        including the Uniform Appraisal Standards for Federal Land 
        Acquisitions and the Uniform Standards of Professional 
        Appraisal Practice. The Henderson Redevelopment Agency shall 
        reimburse the Secretary for costs incurred in performing the 
        appraisal.
          (3) Remediation and reclamation costs.--The Secretary shall 
        prepare a reasonable approximate estimation of the costs to 
        assess, remediate, and reclaim the Three Kids Mine Project 
        Site. This estimation shall be based upon the results of a 
        comprehensive Phase II environmental site assessment of the 
        Three Kids Mine Project Site prepared by the Henderson 
        Redevelopment Agency or its designee that has been approved by 
        the State, and shall be prepared in accordance with the current 
        version of ASTM International Standard E-2137-06 entitled 
        ``Standard Guide for Estimating Monetary Costs and Liabilities 
        for Environmental Matters''. The Phase II environmental site 
        assessment shall, without limiting any additional requirements 
        that may be required by the State, be conducted in accordance 
        with the procedures of the current versions of ASTM 
        International Standard E-1527-05 entitled ``Standard Practice 
        for Environmental Site Assessments: Phase I Environmental Site 
        Assessment Process'' and ASTM International Standard E-1903-11 
        entitled ``Standard Practice for Environmental Site 
        Assessments: Phase II Environmental Site Assessment Process''. 
        The Secretary shall review and consider cost information 
        proffered by the Henderson Redevelopment Agency and the State. 
        In the event of a disagreement among the Secretary, Henderson 
        Redevelopment Agency, and the State over the reasonable 
        approximate estimate of costs, the parties shall jointly select 
        one or more experts to advise the Secretary in making the final 
        determination of such costs.
          (4) Consideration.--The Henderson Redevelopment Agency shall 
        pay the fair market value, if any, as determined under this 
        subsection.
          (5) Mine remediation and reclamation agreement executed.--The 
        Secretary receives from the State notification, in writing, 
        that the Mine Remediation and Reclamation Agreement has been 
        executed. The Mine Remediation and Reclamation Agreement shall 
        be an enforceable consent order or agreement administered by 
        the State that--
                  (A) obligates a party to perform, after the 
                conveyance of the Three Kids Mine Federal Land under 
                this Act, the remediation and reclamation work at the 
                Three Kids Mine Project Site necessary to complete a 
                permanent and appropriately protective remedy to 
                existing environmental contamination and hazardous 
                conditions; and
                  (B) contains provisions determined to be necessary by 
                the State, including financial assurance provisions to 
                ensure the completion of such remedy.
          (6) Notification.--The Secretary receives from the Henderson 
        Redevelopment Agency notification, in writing, that the 
        Henderson Redevelopment Agency is prepared to accept conveyance 
        of the Three Kids Mine Federal Land under this Act. Such 
        notification must occur not later than 90 days after execution 
        of the Mine Remediation and Reclamation Agreement referred to 
        in paragraph (5).

SEC. 4. WITHDRAWAL.

  (a) In General.--Subject to valid existing rights, for the 10-year 
period following the date of the enactment of this Act or on the date 
of the conveyance required by this Act, whichever is earlier, the Three 
Kids Mine Federal Land is withdrawn from all forms of--
          (1) entry, appropriation, operation, or disposal under the 
        public land laws;
          (2) location, entry, and patent under the mining laws; and
          (3) disposition under the mineral leasing, mineral materials, 
        and the geothermal leasing laws.
  (b) Existing Reclamation Withdrawals.--Subject to valid existing 
rights, any withdrawal of public land for reclamation project purposes 
that includes all or any portion of the Three Kids Mine Federal Land 
for which the Bureau of Reclamation has determined that it has no 
further need under applicable law is hereby relinquished and revoked 
solely to the extent necessary to exclude from the withdrawal the land 
no longer needed and to allow for the immediate conveyance of the Three 
Kids Mine Federal Land as required under this Act.
  (c) Existing Reclamation Project and Permitted Facilities.--Without 
limiting the general applicability of section 3(a), nothing in this Act 
shall diminish, hinder, or interfere with the exclusive and perpetual 
use by existing rights holders for the operation, maintenance, and 
improvement of water conveyance infrastructure and facilities, 
including all necessary ingress and egress, situated on the Three Kids 
Mine Federal Land that were constructed or permitted by the Bureau of 
Reclamation prior to the effective date of this Act.

SEC. 5. ACEC BOUNDARY ADJUSTMENT.

  Notwithstanding section 203 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1717), the boundary of the River Mountains Area 
of Critical Environmental Concern (NVN 76884) is hereby adjusted 
consistent with the map entitled ``Three Kids Mine Project Area'' and 
dated February 6, 2012.

SEC. 6. RELEASE OF THE UNITED STATES.

  Upon making the conveyance under section 3, notwithstanding any other 
provision of law, the United States is released from any and all 
liabilities or claims of any kind or nature arising from the presence, 
release, or threat of release of any hazardous substance, pollutant, 
contaminant, petroleum product (or derivative of a petroleum product of 
any kind), solid waste, mine materials or mining related features 
(including tailings, overburden, waste rock, mill remnants, pits, or 
other hazards resulting from the presence of mining related features) 
at the Three Kids Mine Project Site in existence on or before the date 
of the conveyance.

SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT ACT.

  Southern Nevada Public Land Management Act of 1998 (31 U.S.C. 6901 
note; Public Law 105-263) shall not apply to land conveyed under this 
Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2512, as ordered reported, is to 
provide for the conveyance of certain Federal land in Clark 
County, Nevada, for the environmental remediation and 
reclamation of the Three Kids Mine Project Site.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Three Kids Mine (TKM), located in Clark County, Nevada, 
operated from 1916 until 1961. The United States, through the 
Defense Plant Corporation (DPC), owned 446 acres of the TKM 
Project site from 1942 to 1955. DPC leased the site to U.S. 
Metals Reserve Company (MRC). MRC contracted with the Manganese 
Ore Company to construct and operate a mill from 1942 through 
1944 to produce manganese for national defense purposes. From 
1950 to 1959, the U.S. contracted with Manganese, Inc., to 
beneficiate federally owned ore. The U.S. also leased private 
lands to stockpile manganese nodules as late as 2003.
    The TKM project site is approximately 1,262 acres and 
includes 948 acres of federal lands now managed by the Bureau 
of Land Management (BLM) and Bureau of Reclamation (BOR), and 
314 acres of private lands, where the mill site and processing 
plant is located. The TKM project site is east of the City of 
Henderson, Nevada. The City has annexed the area.
    The site is contaminated with arsenic, lead and other heavy 
metals and petroleum hydrocarbons. Cost estimates for clean up 
and reclamation of the site range from $300 million to $1.2 
billion. The lower cost estimates apply to onsite remediation 
and disposal of tailings and other materials in the open pits 
if it can be accomplished without contaminating ground water. 
The higher cost estimate is associated with offsite disposal of 
the contaminated material.
    The City of Henderson, the Henderson Redevelopment Agency, 
the Nevada Department of Environmental Protection (NDEP), 
Lakemoor Development, LLC, and the BLM negotiated a plan to 
clean up and redevelop the TKM Project site that includes the 
purchase of 948 acres of federal lands and relieves the federal 
government of the environmental liability associated with 
mining, milling and ore-storage activities at the site at no 
cost to the U.S. taxpayer. The Three Kids Mine Remediation and 
Reclamation Act (H.R. 2512) would provide for the conveyance of 
approximately 948 acres of federal land to the City of 
Henderson if certain conditions are met: namely that the NDEP 
is satisfied that the developer has the ability and financial 
security to clean up, remediate and reclaim the TKM project 
site.
    The purchase price would be adjusted to reflect the actual 
cleanup cost of the federal and non-federal lands where the 
federal government has environmental liability resulting from 
the mill, processing facilities and the storage of federal-
owned manganese nodules. In turn, the City of Henderson and the 
developer would absolve the federal government of any 
environmental liability for the site.
    All in all, this is a win-win scenario. The environmental 
problems are addressed, the abandoned mine site is reclaimed 
and the land redeveloped for beneficial use--all at no cost to 
the American taxpayer. If successful, this could provide a 
framework for other abandoned mine sites that are near or 
adjacent to small towns and larger urban areas.
    During Full Committee markup, the Committee adopted an en 
bloc amendment sponsored by Congressman Mark Amodei (R-NV). The 
amendment would amend the title and date of the ``Three Kids 
Mine Project Area'' map (see Appendix I), and provides for 
changes to the American Society for Testing and Materials 
(ASTM) International Standards for environmental site 
assessments that occurred since introduction of the 
legislation. In addition, the amendment provides clarifying 
language to address concerns raised by BLM, BOR, and the 
Southern Nevada Water Authority, including language regarding 
how the ``fair market value'' determination will be made; 
requiring the Henderson Redevelopment Agency to cover the costs 
incurred by the Secretary of the Interior in conducting the 
appraisal; establishing a timeline for notification by the 
Henderson Redevelopment Agency that it is ready to accept 
conveyance of the TKM federal land and clarifies that the 
conveyance will occur prior to reclamation work on the mine 
site starting; and ensuring that existing reclamation project 
and permitted facilities on existing rights-of-way are 
protected.
    Changes and modifications included in the Amodei amendment 
were negotiated and agreed to by the agencies and the other 
parties that will be affected by the legislation.
    In addition, an amendment offered by Congressman Rush Holt 
(D-NJ) during full committee consideration was not agreed to by 
voice vote. The amendment would have obligated the federal 
government, and thereby the U.S. taxpayer, to clean up and 
remediate the site if the parties acquiring the property did 
not complete the task. The amendment would have negated the 
purpose of the legislation, which is to eliminate the 
environmental liability of the federal government and provide a 
mechanism for remediation, cleanup and redevelopment of the TKM 
project area.
    When offering his amendment, Congressman Holt discussed the 
potential for ongoing Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) liability at the site. 
The legislation is not intended to address CERCLA liability in 
general, but to provide a mechanism for parties other than the 
federal government to take ownership of the federal 
environmental liability existing on private and public lands at 
the TKM project area.
    The legislation requires a rigorous environmental 
assessment of the site to prepare an appropriate cleanup and 
remediation plan that will be conducted under a consent order. 
The parties responsible for the remediation and redevelopment 
will be required to have bonds and insurance in place prior to 
commencement of any remediation activities that are sufficient 
for a third party to complete the remediation outlined in the 
consent order in the event the developer is unable to complete 
the task.
    The consent order required in section 3 and administered by 
the State of Nevada ensures that cleanup must be ``CERCLA-
protective'' and meet ``residential'' cleanup standards. In 
addition, reclamation bonds and insurance will be required to 
ensure that the reclamation will be completed if the project 
proponents are somehow unable to complete the cleanup.

                            COMMITTEE ACTION

    H.R. 2512 was introduced on July 13, 2011, by Congressman 
Joseph Heck (R-NV). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the 
Subcommittees on Energy and Mineral Resources and National 
Parks, Forests and Public Lands. On December 13, 2011, the 
Subcommittee on Energy and Mineral Resources held a hearing on 
the bill. On February 29, 2012, the Full Natural Resources 
Committee met to consider the bill. The Subcommittees on Energy 
and Mineral Resources and National Parks, Forests and Public 
Lands were discharged by unanimous consent. Congressman Mark 
Amodei (R-NV) offered en bloc amendment designated .009 to the 
bill; the amendment was approved by voice vote. Congressman 
Rush Holt (D-NJ) offered amendment designated .106 to the bill; 
the amendment was not adopted by voice vote. The bill, as 
amended, was then adopted and ordered favorably reported to the 
House of Representatives by a bipartisan rollcall vote of 27 to 
17, as follows:



                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section cites the short title of the bill as the 
``Three Kids Mine Remediation and Reclamation Act.''

Section 2. Definitions

    This section provides definitions for terms used in the 
bill.

Section 3. Land conveyance

    This section conveys approximately 948 acres of federal 
land managed by the Bureau of Land Management and Bureau of 
Reclamation to the City of Henderson if certain conditions are 
met--namely that the Nevada Department of Environmental 
Protection (NDEP) is satisfied that the developer has the 
ability and financial security to cleanup, remediate and 
reclaim the Three Kids Mine (TKM) project site.
    The section requires the Secretary of the Interior to 
perform a Fair Market Value (FMV) appraisal of the federal 
lands, and that the Secretary adjust the FMV to reflect the 
costs of remediating the entire TKM project site.
    The mine remediation and reclamation agreement is a 
condition for patent issuance (giving title of the federal land 
to the City of Henderson). The consent agreement between NDEP 
and the developer would require cleanup of the entire TKM 
project site, federal lands and private lands, would require 
financial assurance provisions to ensure completion of the 
cleanup, and provides that the cleanup must be ``Comprehensive 
Environmental Response, Compensation, and Liability Act-
protective'' and meet ``residential'' cleanup standards.

Section 4. Withdrawal

    This section withdraws the transferred federal land from 
mineral entry and protects existing transmission, water 
infrastructure and facilities existing in the TKM project area.

Section 5. ACEC boundary adjustment

    This section adjusts the boundary of an existing Area of 
Critical Environmental Concern.

Section 6. Release of the United States

    This section provides that the United States is released 
from environmental liability for the entire project site upon 
patent issuance.

Section 7. Southern Nevada Public Lands Management Act

    This section specifies that land conveyed under the bill is 
not subject to the Southern Nevada Public Land Management Act 
of 1998.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 2512--Three Kids Mine Remediation and Reclamation Act

    H.R. 2512 would require the Bureau of Land Management (BLM) 
to sell 950 acres of federal land, some of which are 
contaminated by hazardous waste, to the city of Henderson, 
Nevada. Under the bill, the agency would determine the sale 
price by estimating the fair market value of the land and 
reducing that amount by the estimated cost of any necessary 
environmental remediation and mining reclamation activities at 
the site. Finally, the bill would release the federal 
government from any future liability stemming from 
environmental contamination at the site.
    Based on information provided by BLM and the Department of 
Justice (DOJ), CBO estimates that implementing the legislation 
would have no significant impact on the federal budget. 
Enacting the bill would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    Roughly 15 percent of the lands that would be sold under 
the bill are contaminated and will require mine reclamation and 
environmental remediation. Based on information provided by BLM 
and the city of Henderson, CBO estimates that the agency is 
unlikely to receive any financial compensation for any of the 
land because remediation and reclamation costs would exceed the 
land's fair market value. Because CBO does not expect that the 
affected lands would generate any receipts over the next 10 
years, we estimate that conveying the lands under the bill 
would have no significant impact on the federal budget.
    H.R. 2512 also would release the federal government from 
any future liability associated with contamination on the 
affected public lands and adjacent private lands. Based on 
information from DOJ, CBO expects that it is unlikely that a 
court would force the federal government to remediate and 
reclaim its own property. However, if a plaintiff successfully 
sued the federal government, under current law, any remediation 
or reclamation costs would be paid using appropriated funds. 
Thus, enacting the legislation could reduce the amount of 
appropriated funds BLM spends on remediation and reclamation 
activities in the future.
    H.R. 2512 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. According to the 
Congressional Budget Office, enactment of the bill ``would have 
no significant impact on the federal budget'' and would not 
affect direct spending or revenues. Therefore, pay-as-you-go 
procedures do not apply.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to provide for 
the conveyance of certain Federal land in Clark County, Nevada, 
for the environmental remediation and reclamation of the Three 
Kids Mine Project Site.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates as defined under 
Public Law 104-4.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any local or tribal 
law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.




                              Appendix II

                            ADDITIONAL VIEWS

    H.R. 2512 would seek to address the abandoned Three Kids 
Mine in Nevada. The roughly 1,260 acre Three Kids Mine site is 
an abandoned manganese mine and mill near Las Vegas. The 
abandoned mine today has open mine pits and significant volumes 
of mine overburden and toxic manganese tailings containing 
arsenic, lead, and diesel fuel, which the BLM has said pose 
significant risks to public health, safety and the environment. 
According to the Bureau of Land Management, costs of 
remediating and reclaiming this abandoned mine site are 
estimated to be between $300 million and $1.3 billion.
    H.R. 2512 would direct the BLM to convey the federal 
portions of the Three Kids Mine site to the Redevelopment 
Agency of the city of Henderson, Nevada and require the 
remediation and reclamation of the site. We support the goals 
of H.R. 2512 to clean up this toxic abandoned mine site and 
commend the sponsors of the legislation on their innovative 
thinking with respect to addressing this problem.
    However, H.R. 2512 raises serious concerns because of the 
remaining questions about whether there will be sufficient 
funds available to complete the cleanup, and who would bear the 
costs should the cleanup be abandoned for any reason in the 
future. In fact, the legislation would release the United 
States from all liability relating to the Three Kids Mine site, 
including under environmental laws such as the Comprehensive 
Environmental Response, Compensation, and Liability Act 
(CERCLA).
    Such a release of liability for the United States could 
mean that in the event that the developer is unable to complete 
the cleanup of the Three Kids Mine, there may be no responsible 
party. The Congressional Research Service, in reviewing the 
legislation, has stated that ``In the event that the recipient 
of the property is unable to perform the cleanup the 
responsibility may fall to the state of Nevada as an `orphan' 
site, if the United States were to be exempt from all 
liabilities and claims under Section 6 [of the bill] and there 
were no other liable non-federal parties to pursue.'' And 
according to technical comments provided by EPA, ``the bill is 
unclear whether the State would be liable if the party is not 
able to perform the cleanup.'' We also have concerns about the 
precedent that could be set by waiving the liability of the 
United States for the cleanup of this site if we are trying to 
ensure that private entities are held responsible for cleaning 
up other sites.
    The Majority rejected an amendment from Energy and Minerals 
Ranking Member Holt that would have ensured that the federal 
government or another party would complete the remediation of 
the land should the developer fail to complete it for any 
reason. That amendment would have been a backstop to ensure 
that we can actually reclaim this site and that it does not 
become orphaned.
    While we support the goals of H.R. 2512 to reclaim this 
abandoned mine land, the legislation creates uncertainty 
surrounding who would bear the costs and complete the cleanup 
of this site should it not be completed as envisioned by the 
bill and the waiver of liability of the United States.

                                   Edward J. Markey.
                                   Niki Tsongas.
                                   Dale E. Kildee.
                                   Madeleine Z. Bordallo.
                                   Rush D. Holt.
                                   Raul M. Grijalva.
                                   Grace F. Napolitano.
                                   Ben Ray Lujan.
                                   Gregorio Kilili Camacho Sablan.
                                   Paul Tonko.

                                  
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