II 

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2024’’. 

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

7 (a) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) APPROPRIATE COMMITTEES OF CON5 GRESS.—The term ‘‘appropriate committees of Con6 gress’’ means— 

7 (A) the Committee on Appropriations of 

8 the Senate; 

9 (B) the Committee on Energy and Natural 

10 Resources of the Senate; 

11 (C) the Committee on Environment and 

12 Public Works of the Senate; 

13 (D) the Committee on Health, Education, 

14 Labor, and Pensions of the Senate; 

15 (E) the Committee on Indian Affairs of the 

16 Senate; 

17 (F) the Committee on Appropriations of 

18 the House of Representatives; 

19 (G) the Committee on Energy and Com20 merce of the House of Representatives; 

21 (H) the Committee on Transportation and 

22 Infrastructure of the House of Representatives; 

23 (I) the Committee on Natural Resources of 

24 the House of Representatives; and 


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1 (J) the Committee on Oversight and Ac2 countability of the House of Representatives. 

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

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

5 watersheds where extraction, beneficiation, or proc6 essing of hardrock ores or minerals occurred, but 

7 has been discontinued, including discontinued tem8 porarily. 

9 (4) INDIAN COUNTRY.—The term ‘‘Indian coun10 try’’ has the meaning given the term in section 1151 

11 of title 18, United States Code. 

12 (5) NAVAJO NATION ABANDONED URANIUM

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

14 uranium mine site’’ means an abandoned uranium 

15 covered mine site on land of the Navajo Nation. 

16 (6) OFFICE.—The term ‘‘Office’’ means the Of17 fice of Mountains, Deserts, and Plains established by 

18 subsection (b)(1). 

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

20 Office’’ means a Regional Office of the Environ21 mental Protection Agency. 

22 (b) ESTABLISHMENT.— 

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

24 the Office of Land and Emergency Management of 


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1 the Environmental Protection Agency the Office of 

2 Mountains, Deserts, and Plains. 

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

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

5 a designee). 

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

7 be— 

8 (1) to coordinate with the headquarters of the 

9 Environmental Protection Agency, Regional Offices, 

10 and stakeholders response actions of the Environ11 mental Protection Agency at a covered mine site, in12 cluding a covered mine site in Indian country (as de13 fined in section 1151 of title 18, United States 

14 Code), in accordance with Federal law; 

15 (2) to establish and disseminate best practices 

16 for covered mine site response actions, including 

17 identifying— 

18 (A) innovative technologies and reuse ap19 proaches that support and make progress to20 ward those response actions; and 

21 (B) waste storage and disposal solutions; 

22 (3) to coordinate with the headquarters of the 

23 Environmental Protection Agency, Regional Offices, 

24 Federal land management agencies, States, and vol25 untary nongovernmental organizations, watershed 


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1 groups, nonliable entities and mining companies, and 

2 other entities voluntary response actions at covered 

3 mine sites, where applicable, including timely 

4 issuance of administrative guidance for nonliable 

5 parties; 

6 (4) to coordinate with the headquarters of the 

7 Environmental Protection Agency and other Federal 

8 Government entities, pursuant to existing authorities 

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

10 hiring practices to support small business concerns 

11 to carry out response actions at covered mine sites; 

12 (5) to coordinate with the Secretary of the Inte13 rior, the Secretary of Energy, the Secretary of 

14 Health and Human Services, the Nuclear Regulatory 

15 Commission, and other Federal agencies, as the Ad16 ministrator determines to be appropriate, to ensure 

17 interagency coordination of covered mine site re18 sponse actions, with priority given to coordinating 

19 response actions at covered mine sites for which 

20 there is no potentially responsible party; and 

21 (6) to coordinate other actions as the Adminis22 trator determines to be appropriate, pursuant to ex23 isting authorities of the Administrator— 

24 (A) to support efforts to investigate, char25 acterize, or clean up a discharge, release, or 


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1 threat of release of a hazardous substance, pol2 lutant, or contaminant into the environment at 

3 or from a covered mine site; or 

4 (B) to establish best practices to protect 

5 and improve human health and the environment 

6 and implement appropriate reuse options, in7 cluding through the use of innovative tech8 nologies to recover valuable resources from cov9 ered mine site features or areas, as applicable. 

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

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

12 (1) PRIORITY MINE LIST.— 

13 (A) IN GENERAL.—Annually, the Adminis14 trator shall identify covered mine sites that are 

15 prioritized for response actions, which may in16 clude covered mine sites that are or are not in17 cluded on the National Priorities List developed 

18 by the President in accordance with section 

19 105(a)(8)(B) of the Comprehensive Environ20 mental Response, Compensation, and Liability 

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

22 (B) CREATION OF LIST; REPORTS.—The 

23 Administrator shall annually— 

24 (i) create a list of covered mine sites 

25 identified under subparagraph (A); and 


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1 (ii) submit to the appropriate commit2 tees of Congress a report describing— 

3 (I) the methodology used to iden4 tify those covered mine sites under 

5 that subparagraph; and 

6 (II) the status of response ac7 tions carried out at covered mine sites 

8 on the list. 

9 (C) COORDINATION.—The Administrator 

10 shall— 

11 (i) regularly coordinate with Regional 

12 Offices, Federal agencies, States, Indian 

13 Tribes, and stakeholders to update the list 

14 of covered mine sites identified under sub15 paragraph (A); and 

16 (ii) regularly coordinate with Regional 

17 Offices on response actions and share best 

18 practices with respect to each covered mine 

19 site identified under subparagraph (A). 

20 (2) PROCESS IMPROVEMENT.— 

21 (A) IN GENERAL.—The Administrator 

22 shall, pursuant to existing authorities of the 

23 Administrator— 

24 (i) identify best practices for devel25 oping, reviewing, and approving site asVerDate Sep 11 2014 00:43 Mar 01, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3858.IS S3858

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1 sessments, remedial investigations, and 

2 feasibility studies for covered mine sites; 

3 (ii) coordinate research relating to 

4 technologies and remedial and removal ap5 proaches that are the most successful in 

6 limiting the acute and chronic risks posted 

7 to human health and the environment by 

8 covered mine sites; and 

9 (iii) support— 

10 (I) government-to-government 

11 consultations with Indian Tribes with 

12 respect to a covered mine site located 

13 within Indian country; and 

14 (II) efforts to provide regular up15 dates to the Tribal governments in16 volved in response actions for a cov17 ered mine site located on Tribal land 

18 under the jurisdiction of the Indian 

19 Tribe. 

20 (B) TRIBAL CONSULTATION.—In sup21 porting consultations with Indian Tribes under 

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

23 action occurs within Indian country, the Admin24 istrator, in addition to existing applicable law 

25 and guidance, shall— 


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1 (i) as appropriate, invite potentially 

2 responsible parties, including Federal 

3 agencies, to participate in government-to4 government consultations with Indian 

5 Tribes; and 

6 (ii) as appropriate, ensure consulta7 tions with Tribal allottees occur pursuant 

8 to section 2 of the Act of February 5, 

9 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 

10 324). 

11 (3) INTERAGENCY PLANS FOR URANIUM CON12 TAMINATION ON THE NAVAJO NATION; REPORTS.— 

13 (A) IN GENERAL.—Not later than Sep14 tember 30, 2027, and not less frequently than 

15 once every 10 years thereafter, the Adminis16 trator, in cooperation with other relevant Fed17 eral agencies, including, at a minimum, the De18 partment of Energy, the Nuclear Energy Regu19 latory Commission, the Department of the Inte20 rior, the Indian Health Service, and the Agency 

21 for Toxic Substances and Disease Registry, and 

22 in consultation with affected Tribal govern23 ments, shall develop a 10-year interagency plan 

24 for the coordination of the Federal Government 

25 with States and Tribal governments to carry 


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1 out response actions at Navajo Nation aban2 doned uranium mine sites, including— 

3 (i) goals for the assessment of, and 

4 response actions at, Navajo Nation aban5 doned uranium mine sites; 

6 (ii) target dates by which goals de7 scribed in clause (i) are anticipated to be 

8 achieved, subject to appropriations; 

9 (iii) the projected appropriations nec10 essary to achieve goals described in clause 

11 (i) by the target dates described in clause 

12 (ii); and 

13 (iv) the activities to be carried out by 

14 each Federal agency under the plan. 

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

16 after the date on which a plan is developed 

17 under subparagraph (A), the Administrator 

18 shall submit to the appropriate committees of 

19 Congress a report describing the applicable 

20 plan. 

21 (4) ADMINISTRATIVE AND TECHNICAL ASSIST22 ANCE.—The Administrator shall, pursuant to exist23 ing authorities of the Administrator, provide to 

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


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1 other entities technical assistance with respect to re2 sponse actions on covered mine sites. 

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

4 this section provides the Administrator with new regu5 latory authority not already established in law. 

Æ 


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