[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5347 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5347
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.
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IN THE HOUSE OF REPRESENTATIVES
March 20, 2018
Mr. Amodei introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
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 90 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.
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