II 

Calendar No. 344 

118TH CONGRESS 

2D SESSION S. 3858 

To establish within the Office of Land and Emergency Management of the 

Environmental Protection Agency the Office of Mountains, Deserts, and 

Plains, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 29, 2024 

Mr. KELLY (for himself and Ms. LUMMIS) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

MARCH 12, 2024 

Reported by Mr. CARPER, with amendments 

[Omit the parts struck through and insert the parts printed in italic] 

A BILL 

To establish within the Office of Land and Emergency Management of the Environmental Protection Agency the 

Office of Mountains, Deserts, and Plains, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Legacy Mine Cleanup 

3 Act of 2024’’. 

4 SEC. 2. OFFICE OF MOUNTAINS, DESERTS, AND PLAINS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (2) APPROPRIATE COMMITTEES OF CON10 GRESS.—The term ‘‘appropriate committees of Con11 gress’’ means— 

12 (A) the Committee on Appropriations of 

13 the Senate; 

14 (B) the Committee on Energy and Natural 

15 Resources of the Senate; 

16 (C) the Committee on Environment and 

17 Public Works of the Senate; 

18 (D) the Committee on Health, Education, 

19 Labor, and Pensions of the Senate; 

20 (E) the Committee on Indian Affairs of the 

21 Senate; 

22 (F) the Committee on Appropriations of 

23 the House of Representatives; 

24 (G) the Committee on Energy and Com25 merce of the House of Representatives; 


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1 (H) the Committee on Transportation and 

2 Infrastructure of the House of Representatives; 

3 (I) the Committee on Natural Resources of 

4 the House of Representatives; and 

5 (J) the Committee on Oversight and Ac6 countability of the House of Representatives. 

7 (3) COVERED MINE SITE.—The term ‘‘covered 

8 mine site’’ means the land, water, and surrounding 

9 watersheds where extraction, beneficiation, or proc10 essing of hardrock ores or minerals occurred, but 

11 has been discontinued, including discontinued tem12 porarily. 

13 (4) INDIAN COUNTRY.—The term ‘‘Indian coun14 try’’ has the meaning given the term in section 1151 

15 of title 18, United States Code. 

16 (5) NAVAJO NATION ABANDONED URANIUM

17 MINE SITE.—The term ‘‘Navajo Nation abandoned 

18 uranium mine site’’ means an abandoned uranium 

19 covered mine site on land of the Navajo Nation. 

20 (6) OFFICE.—The term ‘‘Office’’ means the Of21 fice of Mountains, Deserts, and Plains established by 

22 subsection (b)(1). 

23 (7) REGIONAL OFFICE.—The term ‘‘Regional 

24 Office’’ means a Regional Office of the Environ25 mental Protection Agency. 


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1 (b) ESTABLISHMENT.— 

2 (1) IN GENERAL.—There is established within 

3 the Office of Land and Emergency Management of 

4 the Environmental Protection Agency the Office of 

5 Mountains, Deserts, and Plains. 

6 (2) DIRECTOR.—The Office shall be headed by 

7 a Director, to be appointed by the Administrator (or 

8 a designee). 

9 (c) PURPOSES.—The purposes of the Office shall 

10 be— 

11 (1) to coordinate with the headquarters of the 

12 Environmental Protection Agency, Regional Offices, 

13 and stakeholders response actions of the Environ14 mental Protection Agency at a covered mine site, in15 cluding a covered mine site in Indian country (as de16 fined in section 1151 of title 18, United States 

17 Code), in accordance with Federal law; 

18 (2) to establish and disseminate best practices 

19 for covered mine site response actions, including 

20 identifying— 

21 (A) innovative technologies and reuse ap22 proaches that support and make progress to23 ward those response actions; and 

24 (B) waste storage and disposal solutions; 


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1 (3) to coordinate with the headquarters of the 

2 Environmental Protection Agency, Regional Offices, 

3 Federal land management agencies, States, and vol4 untary nongovernmental organizations, watershed 

5 groups, nonliable entities and mining companies, and 

6 other entities voluntary response actions at covered 

7 mine sites, where applicable, including timely 

8 issuance of administrative guidance for nonliable 

9 parties; 

10 (4) to coordinate with the headquarters of the 

11 Environmental Protection Agency and other Federal 

12 Government entities, pursuant to existing authorities 

13 under section 3303 of title 41, United States Code, 

14 hiring practices to support small business concerns 

15 to carry out response actions at covered mine sites; 

16 (5) to coordinate with the Secretary of the Inte17 rior, the Secretary of Energy, the Secretary of 

18 Health and Human Services, the Nuclear Regulatory 

19 Commission, and other Federal agencies, as the Ad20 ministrator determines to be appropriate, to ensure 

21 interagency coordination of covered mine site re22 sponse actions, with priority given to coordinating 

23 response actions at covered mine sites for which 

24 there is no potentially responsible party; and 


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1 (6) to coordinate other actions as the Adminis2 trator determines to be appropriate, pursuant to ex3 isting authorities of the Administrator— 

4 (A) to support efforts to investigate, char5 acterize, or clean up a discharge, release, or 

6 threat of release of a hazardous substance, pol7 lutant, or contaminant into the environment at 

8 or from a covered mine site; or 

9 (B) to establish best practices to protect 

10 and improve human health and the environment 

11 and implement appropriate reuse options, in12 cluding through the use of innovative tech13 nologies to recover valuable resources from cov14 ered mine site features or areas, as applicable. 

15 (d) DUTIES.—The Administrator shall carry out 

16 through the Office, at a minimum, the following duties: 

17 (1) PRIORITY MINE LIST.— 

18 (A) IN GENERAL.—Annually, the Adminis19 trator shall identify covered mine sites that are 

20 prioritized for response actions, which may in21 clude covered mine sites that are or are not in22 cluded on the National Priorities List developed 

23 by the President in accordance with section 

24 105(a)(8)(B) of the Comprehensive EnvironVerDate Sep 11 2014 00:52 Mar 13, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3858.RS S3858

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1 mental Response, Compensation, and Liability 

2 Act of 1980 (42 U.S.C. 9605(a)(8)(B)). 

3 (B) CREATION OF LIST; REPORTS.—The 

4 Administrator shall annually— 

5 (i) create a list of covered mine sites 

6 identified under subparagraph (A); and 

7 (ii) submit to the appropriate commit8 tees of Congress a report describing— 

9 (I) the methodology used to iden10 tify those covered mine sites under 

11 that subparagraph; and 

12 (II) the status of response ac13 tions carried out at covered mine sites 

14 on the list. 

15 (C) COORDINATION.—The Administrator 

16 shall— 

17 (i) regularly coordinate with Regional 

18 Offices, Federal agencies, States, Indian 

19 Tribes, Alaska Native Corporations, and 

20 stakeholders to update the list of covered 

21 mine sites identified under subparagraph 

22 (A); and 

23 (ii) regularly coordinate with Regional 

24 Offices on response actions and share best 


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1 practices with respect to each covered mine 

2 site identified under subparagraph (A). 

3 (2) PROCESS IMPROVEMENT.— 

4 (A) IN GENERAL.—The Administrator 

5 shall, pursuant to existing authorities of the 

6 Administrator— 

7 (i) identify best practices for devel8 oping, reviewing, and approving site as9 sessments, remedial investigations, and 

10 feasibility studies for covered mine sites; 

11 (ii) coordinate research relating to 

12 technologies and remedial and removal ap13 proaches that are the most successful in 

14 limiting the acute and chronic risks posted 

15 to human health and the environment by 

16 covered mine sites; and 

17 (iii) support— 

18 (I) government-to-government 

19 consultations with Indian Tribes with 

20 respect to a covered mine site located 

21 within Indian country; and 

22 (II) efforts to provide regular up23 dates to the Tribal governments in24 volved in response actions for a cov25 ered mine site located on Tribal land 


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1 under the jurisdiction of the Indian 

2 Tribe. 

3 (B) TRIBAL CONSULTATION.—In sup4 porting consultations with Indian Tribes under 

5 subparagraph (A)(iii)(I), and where a response 

6 action occurs within Indian country, the Admin7 istrator, in addition to existing applicable law 

8 and guidance, shall— 

9 (i) as appropriate, invite potentially 

10 responsible parties, including Federal 

11 agencies, to participate in government-to12 government consultations with Indian 

13 Tribes; and Tribes; 

14 (ii) as appropriate, consult with Alas15 ka Native Corporations in accordance with 

16 section 161 of division H of the Consoli17 dated Appropriations Act, 2004 (25 U.S.C. 

18 5301 note; Public Law 108–199); and 

19 (ii)(iii) as appropriate, ensure con20 sultations with Tribal allottees occur pur21 suant to section 2 of the Act of February 

22 5, 1948 (62 Stat. 18, chapter 45; 25 

23 U.S.C. 324). 

24 (3) INTERAGENCY PLANS FOR URANIUM CON25 TAMINATION ON THE NAVAJO NATION; REPORTS.— 


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1 (A) IN GENERAL.—Not later than Sep2 tember 30, 2027, and not less frequently than 

3 once every 10 years thereafter, the Adminis4 trator, in cooperation with other relevant Fed5 eral agencies, including, at a minimum, the De6 partment of Energy, the Nuclear Energy Regu7 latory Commission, the Department of the Inte8 rior, the Indian Health Service, and the Agency 

9 for Toxic Substances and Disease Registry, and 

10 in consultation with affected Tribal govern11 ments, shall develop a 10-year interagency plan 

12 for the coordination of the Federal Government 

13 with States and Tribal governments to carry 

14 out response actions at Navajo Nation aban15 doned uranium mine sites, including— 

16 (i) goals for the assessment of, and 

17 response actions at, Navajo Nation aban18 doned uranium mine sites; 

19 (ii) target dates by which goals de20 scribed in clause (i) are anticipated to be 

21 achieved, subject to appropriations; 

22 (iii) the projected appropriations nec23 essary to achieve goals described in clause 

24 (i) by the target dates described in clause 

25 (ii); and 


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1 (iv) the activities to be carried out by 

2 each Federal agency under the plan. 

3 (B) REPORTS.—Not later than 90 days 

4 after the date on which a plan is developed 

5 under subparagraph (A), the Administrator 

6 shall submit to the appropriate committees of 

7 Congress a report describing the applicable 

8 plan. 

9 (4) ADMINISTRATIVE AND TECHNICAL ASSIST10 ANCE.—The Administrator shall, pursuant to exist11 ing authorities of the Administrator, provide to 

12 States, units of local government, Indian Tribes, and 

13 other entities technical assistance with respect to re14 sponse actions on covered mine sites. 

15 (e) NO NEW REGULATORY AUTHORITY.—Nothing in 

16 this section provides the Administrator with new regu17 latory authority not already established in law. 


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Calendar No. 344 

118TH CONGRESS 

2D SESSION S. 3858 

A BILL 

To establish within the Office of Land and Emerand Plains, and for other purposes. tion Agency the Office of Mountains, Deserts, gency Management of the Environmental ProtecMARCH 12, 2024 

Reported bwith amendments 


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