89–010 

Calendar No. 604 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–318 

SLOAN HILLS WITHDRAWAL ACT 

SEPTEMBER 27, 2010.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 3313] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 3313) to withdraw certain land located in Clark 

County, Nevada, from location, entry, and patent under the mining 

laws and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

On page 2, line 6, strike ‘‘May 5, 2010’’ and insert ‘‘June 24, 

2010’’. 

PURPOSE

The purpose of S. 3313 is to withdraw approximately 640 acres 

in Clark County, Nevada, from the mining, mineral and geothermal leasing, and mineral materials laws. 

BACKGROUND AND NEED

In 2006 and 2007, two companies, Service Rock Products of California and CEMEX (formally Rinker Materials) of Mexico, submitted applications to the Bureau of Land Management (BLM) to 

construct and operate an aggregate mine on 640 acres of federal 

land near Henderson, Nevada. The approval of the applications 

would result in two open pit dolomite and limestone quarries to extract construction aggregate material for the Southern Nevada 

area. Approximately 100 million tons of mineral material would be 

mined from the site over the next 20 to 30 years. The proposed 

project, titled ‘‘Sloan Hills Competitive Mineral Material Sales,’’ inVerDate Mar 15 2010 15:58 Sep 29, 2010 Jkt 089010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR318.XXX SR318

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1Different time periods apply in the Senate for its pay-as-you-go rule. CBO estimates that 

enacting S. 3313 would increase direct spending by $1 million over the 2011–2014 period and 

by $9 million over the 2011–2019 period. 

cludes several facilities and related buildings, storage space, and 

employee parking. The project has become controversial as many nearby residents oppose the gravel quarry proposal because of concerns over dirt and 

dust pollution and its potential impact on air quality, as well as the 

noise from blasting, rock-crushing operations, and truck activities. 

The proposed mine is located about three miles from several Henderson neighborhoods, and about five miles from the Sloan Canyon 

National Conservation Area and North McCullough Wilderness. 

The BLM is currently analyzing the potential environmental impacts of the construction, operation, and maintenance of the site. 

Legislation is necessary to stop the development of the proposed 

gravel quarry by withdrawing the proposal’s 640 acres of federal 

land from mining purposes and associated uses. 

LEGISLATIVE HISTORY

S. 3313 was introduced by Senator Reid on May 5, 2010. Senator Ensign is a cosponsor. The Subcommittee on Public Lands and Forests held a hearing on the bill on June 16, 2010. At its business 

meeting on July 21, 2010, the Committee on Energy and Natural 

Resources ordered S. 3313 favorably reported with an amendment. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open busi- ness session on July 21, 2010, by a voice vote of a quorum present, 

recommends that the Senate pass S. 3313, if amended as described 

herein. 

COMMITTEE AMENDMENT

During its consideration of S. 3313, the Committee adopted an amendment to update the map reference for the withdrawal area. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘Sloan Hills Withdrawal 

Act.’’ 

Section 2 withdraws the area depicted as ‘‘Federal land’’ on the 

referenced map from the mining, mineral and geothermal leasing, 

and mineral materials laws. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 3313—Sloan Hills Withdrawal Act 

Summary: S. 3313 would withdraw about 800 acres of federal 

land in southern Nevada from disposal, mining, and mineral-leasing activities. Based on information from the Bureau of Land Management (BLM) and the mining industry, CBO estimates that implementing the legislation would increase direct spending by $11 

million over the 2011–2020 period; therefore, pay-as-you-go procedures apply.1 Enacting the legislation would not affect revenues. 


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S. 3313 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated Cost to the Federal Government: The estimated budgetary impact of S. 3313 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2011– 

2015 

2011– 

2020 

CHANGES IN DIRECT SPENDING 

Estimated Budget Authority 0 0 * 1 1 1 2 2 2 2 2 11 

Estimated Outlays ............... 0 0 * 1 1 1 2 2 2 2 2 11 

Note.—* = less than $500,000. 

Basis of Estimate: S. 3313 would withdraw certain lands near 

Henderson, Nevada, from disposal, mining, and mineral-leasing activities. Currently, BLM is analyzing the environmental impacts of 

two proposed mineral sales on the affected lands. Upon conclusion 

of that analysis, the agency will determine whether to sell the 

rights to extract those materials to private mining companies. 

Under current law, if BLM approved those sales, CBO expects 

that mineral production would begin around 2013 and that the federal government would begin receiving annual payments from mining companies for those mineral materials at that time. Under the 

bill, if firms could not extract minerals from the lands near Henderson, CBO expects that the mining industry would seek mineral 

materials on other BLM lands; however, based on information from 

BLM and the mining industry, we expect that production of those 

materials (and the corresponding payments to the federal government) would begin several years after 2013. In addition, based on 

information from those entities, CBO estimates that BLM would 

receive lower payments for minerals extracted from alternative 

sites than for those extracted from the lands that would be affected 

under the bill because of differences in the quality of the materials 

and the cost of transporting those materials. 

Because production of mineral materials on BLM lands could be 

delayed and proceeds from the sale of those materials could be 

lower under S. 3313, CBO estimates that implementing the legislation would increase direct spending by about $11 million over the 

2011–2020 period. That estimate includes an adjustment for the 

possibility that mineral sales may not occur at the site near Henderson under current law. It also includes an adjustment for the 

possibility that mineral sales may not occur at alternative BLMmanaged sites under the bill. For this estimate, CBO assumes that 

the legislation will be enacted in calendar year 2010. 

Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. S. 3313 would 

delay and reduce offsetting receipts from the sale of mineral materials on federal land. The changes in the deficit that are subject to 

those pay-as-you-go procedures are shown in the following table. 


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CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3313, THE SLOAN HILLS WITHDRAWAL ACT, 

AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES 

ON JULY 21, 2010 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010– 

2015 

2010– 

2020 

NET INCREASE OR DECREASE (·) IN THE DEFICIT 

Statutory Pay-As-You-Go Impact .................... 0 0 0 0 1 1 1 2 2 2 2 2 11 

Intergovernmental and private-sector impact: S. 3313 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Amy Petz. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 3313. 

The Act is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 3313, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 3313, as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff 

benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Bureau of Land Management at 

the subcommittee hearing on S. 3313 on June 16, 2010 follows: 

STATEMENT OF CARL ROUNTREE, DIRECTOR, NATIONAL

LANDSCAPE CONSERVATION SYSTEM, BUREAU OF LAND

MANAGEMENT, DEPARTMENT OF THE INTERIOR

Thank you for the opportunity to testify on S. 3313, the 

Sloan Hills Withdrawal Act. S. 3313 would withdraw approximately 640 acres of BLM-administered public land in 

Clark County, Nevada, from all forms of location, entry, 

and patent under the mining laws, and from disposition 

under all laws pertaining to mineral and geothermal leasing or mineral material sales, subject to valid existing 

rights. The BLM is presently preparing an Environmental 

Impact Statement (EIS) for two proposed competitive minVerDate Mar 15 2010 15:58 Sep 29, 2010 Jkt 089010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6969 E:\HR\OC\SR318.XXX SR318

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eral material sales which would result in two open pit 

limestone quarries in this area, as required by settlement 

agreements between the BLM and two mining companies. 

Since the BLM is still in the process of analyzing the proposed sales, we defer taking a position on this legislation. 

However, if this area is legislatively withdrawn, the BLM 

would recommend a boundary adjustment to include additional acreage to the withdrawal area. 

BACKGROUND

The Sloan Hills area is located approximately 15 miles south of the City of Las Vegas, and consists of approximately 800 acres of BLM-administered public lands. The 

area is surrounded by public lands that are within the 

Southern Nevada Public Land Management Act 

(SNPLMA) boundary. The SNPLMA allows the BLM to 

sell land within this disposal boundary and use the sale 

proceeds to acquire lands elsewhere in Nevada that possess higher natural resource values. When Congress expanded the SNPLMA disposal boundary in 2002 (through 

PL 107–282), the Sloan Hills area was not included. 

The Sloan Hills area has an extensive mineral development history. Separate, but overlapping mining claims 

were filed on the site almost thirty years ago, with little 

development occurring until the early 1990s. The two mining claimants in the area subleased their claims to 

CEMEX (formerly Rinker Materials West, LLC) and Service Rock Products Corp. (Service Rock). CEMEX subsequently filed a mining plan of operations. When the BLM 

receives a plan of operations for materials that may be 

common variety minerals and the mining claims were located on or after July 23, 1955, mining operations may not 

begin until the bureau completes a ‘‘common variety determination’’ to determine whether the materials are 

locatable under the Mining Law of 1872 (43 CFR 

3809.101). 

Since the two mining claims overlapped, the BLM completed a common variety determination in 2004 for both 

sets of claims. The BLM concluded that the claimed materials (limestone and dolomite) were not locatable under the 

Mining Law of 1872. As a result, the BLM contested the 

mining claims. The contests were eventually settled, resulting in the BLM agreeing to analyze two competitive 

mineral materials sales. The settlement agreements do not 

restrict the BLM’s discretion in approving or denying the 

proposed sales and the sales must comply with all applicable statutes and regulations (43 CFR 3600). 

In 2007, the BLM initiated an EIS to analyze the impacts of the two proposed competitive mineral materials 

sales. If approved, the projects would consist of two open 

pit limestone quarries that would operate for approximately 20 to 30 years, eventually merging into one open 

pit. The Draft EIS is planned for release in the summer 

of 2010, at which time the BLM will solicit public comments on whether it should authorize the proposed sales. 


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The Draft EIS will address potential impacts to: air quality, noise, water resources, and socio-economic conditions. 

The area surrounding Sloan Hills (located within the 

SNPLMA disposal boundary) is likely to be developed for 

housing, commercial, and/or industrial uses during the lifetime of the potential sales contracts. During the Draft EIS 

scoping process, a number of Henderson, Nevada residents 

expressed their concerns with the proposed sales. 

S. 3313

S. 3313 would withdraw approximately 640 acres of 

BLM-administered public land in Clark County, Nevada, 

from all forms of location, entry, and patent under the 

mining laws, and of disposition under all laws pertaining 

to mineral and geothermal leasing or mineral material 

sale subject to valid existing rights. 

A withdrawal from the mineral materials laws would 

prohibit the BLM from selling mineral materials in the 

Sloan Hills area, and would prohibit any future mineral 

use of the withdrawn lands, subject to valid existing 

rights. 

The BLM understands the concerns of Senator Reid, the 

Nevada Congressional delegation, Clark County and the 

City of Henderson regarding the proposed mineral materials sales and potential operations and associated air 

quality and noise impacts that would occur in close proximity to many neighborhoods. These and other issues will 

be considered in the Draft EIS. If this area is legislatively 

withdrawn, the BLM would recommend expanding the 

boundary to the entire 800 acres of BLM-administered 

public lands remaining within the Sloan Hills area that 

are excluded from the SNPLMA disposal boundary. 

CONCLUSION

Thank you for the opportunity to testify. In accordance 

with the terms of the settlement agreement, the BLM is 

in the process of analyzing the proposed sales. Consequently, the BLM defers taking a position on the legislation at this time. The Bureau will continue to actively engage the public through an open and transparent EIS process to analyze the potential environmental impacts of the 

proposed mineral materials sales unless Congress chooses 

to legislate this withdrawal. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by S. 3313, as ordered reported. 

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