I 

109TH CONGRESS 

2D SESSION H. R. 5471 

To provide to the Bureau of Land Management a mechanism to cancel 

certain mining leases for lands in the leases CA–20139 and CA–22901 

and provide new leasing opportunities in the Soledad Canyon adjacent 

to the City of Santa Clarita, California, that reflect the historical mining 

levels, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2006 

Mr. MCKEON introduced the following bill; which was referred to the 

Committee on Resources 

A BILL 

To provide to the Bureau of Land Management a mechanism 

to cancel certain mining leases for lands in the leases 

CA–20139 and CA–22901 and provide new leasing opportunities in the Soledad Canyon adjacent to the City 

of Santa Clarita, California, that reflect the historical 

mining levels, 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 ‘‘Soledad Canyon Mine 

5 Leases Adjustment Act’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—The Congress finds the following: 

3 (1) Transit Mixed Concrete Corporation holds 

4 two valid Federal leases for the extraction of sand 

5 and gravel from the Federal mineral estate in lands 

6 located in Soledad Canyon adjacent to the City of 

7 Santa Clarita, California, numbered CA–20139 and 

8 CA–22901. Such lands contain approximately 56 

9 million tons of sand and gravel. 

10 (2) Mining 56 million tons of sand and gravel 

11 under the terms of the leases would produce harm 

12 to the environment and cause major transportation 

13 problems for the City of Santa Clarita, surrounding 

14 areas, and other users of the transportation systems 

15 in the vicinity. 

16 (3) It is in the best interest of the citizens of 

17 California and the Federal Government to cancel 

18 those leases and make available new leases for those 

19 resources that reflect the level of mining that has 

20 historically occurred in the Soledad Canyon area of 

21 California. 

22 (4) TMC should be offered resources extraction 

23 opportunities of similar economic value in other 

24 areas of California that would not impact the envi25 ronment and transportation systems to the degree 


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1 that they would have been impacted in the Soledad 

2 Canyon. 

3 (5) TMC should receive credit for reasonable 

4 and customary costs associated with their efforts to 

5 develop leases CA–20139 and CA–22901. 

6 (6) A site-specific solution that is fair to TMC, 

7 protects the environment, and has minimal impact 

8 on local transportation system is in the best interest 

9 of the Nation. 

10 (7) Considerable sums of money have been ex11 pended by all parties trying to insure their interests 

12 are protected with respect to leases CA–20139 and 

13 CA–22901, with no conclusion foreseen at this time. 

14 (b) PURPOSES.—The purposes of this Act are the fol15 lowing: 

16 (1) To provide to the Bureau of Land Manage17 ment a mechanism that is not available under exist18 ing law to cancel leases CA–20139 and CA–22901 

19 and provide new leasing opportunities in the Soledad 

20 Canyon that reflect the historical production levels. 

21 (2) To provide a means for TMC to recover and 

22 transfer to other Federal resources the amounts ex23 pended trying to develop leases CA–20139 and CA– 

24 22901. 


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1 (3) To provide the Bureau of Land Manage2 ment tools to evaluate expenses incurred by TMC 

3 and provide relief. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (2) TMC.—The term ‘‘TMC’’ means the Tran9 sit Mixed Concrete Corporation. 

10 (3) The term ‘‘historical production levels’’ 

11 means production of 300,000 tons of aggregate pro12 duced for sale per calendar year. 

13 SEC. 4. TMC LEASE CANCELLATIONS AND EXCHANGE OF 

14 VALUES EXPENDED. 

15 (a) LEASES CANCELLATIONS.—The Secretary shall 

16 cancel Bureau of Land Management leases CA–20139 and 

17 CA–22901 effective on the date of the enactment of this 

18 Act. 

19 (b) EXCHANGE FOR ECONOMIC VALUES.— 

20 (1) IN GENERAL.—In exchange for the eco21 nomic value invested in trying to bring leases CA– 

22 20139 and CA–22901 into commercial production 

23 the Secretary shall provide to TMC other financial 

24 and mineral production opportunities in accordance 

25 with subsection (d). 


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1 (2) VALUES ASSIGNED TO LEASES.—For pur2 poses of paragraph (1), the economic value invested 

3 is an amount equal to the sum of the following: 

4 (A) All amounts paid to the United States 

5 with respect to the leases as bonus bids or other 

6 prepayments. 

7 (B) Interest on amounts referred to in 

8 subparagraph (A), from the date of payment of 

9 such amounts to the United States, at a rate 

10 determined by the Secretary. 

11 (C) Amounts expended by TMC in secur12 ing the leases and trying to bring them into 

13 production, including— 

14 (i) reasonable costs associated with 

15 the engineering and environmental studies 

16 associated with the leases; and 

17 (ii) reasonable legal costs associated 

18 with efforts to exercise the rights granted 

19 in the leases. 

20 (c) SUBMISSION OF EXPENSES INCURRED.— 

21 (1) IN GENERAL.—To assist in the determina22 tion of the amounts expended referred to in sub23 section (b)(2)(C), TMC shall submit to the Secretary 

24 within 90 days after the date of the enactment of 

25 this Act an itemized list of such amounts, with 


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1 enough detail and supporting documentation so the 

2 Secretary can determine that the expenses are asso3 ciated with the leases and are reasonable. 

4 (2) ARBITRATION.—The Secretary’s determina5 tion of the amounts expended referred to in sub6 section (b)(2)(C) shall be issued within 90 days of 

7 receipt of the itemized list required under paragraph 

8 (1). If the Secretary disapproves such list, the Sec9 retary shall, upon request of TMC, determine the 

10 economic value invested for purposes of subsection 

11 (b)(2) through arbitration in accordance with sub12 chapter IV of chapter 5 of title 5, United States 

13 Code. 

14 (d) RETURN OF VALUE OPPORTUNITIES FOR

15 TMC.—Financial and mineral production opportunities 

16 provided under subsection (b)(1) may be in the form of 

17 one or a combination of any of the following that is mutu18 ally agreed to by the Secretary and TMC: 

19 (1) Interests in the mineral estate in Federal 

20 lands in the State of California that are available for 

21 leasing under the Mineral Leasing Act (30 U.S.C. 

22 181 et seq.). 

23 (2) Interests in the surface estate in Federal 

24 lands in the State of California that are under the 


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1 administrative jurisdiction of the Secretary and that 

2 are available for disposal. 

3 (e) REFERRALTO COURT OF CLAIMS.— 

4 (1) REFERRAL.—If the Secretary and TMC do 

5 not reach agreement under subsection (b) regarding 

6 the financial and mineral production opportunities to 

7 be provided by the Secretary under subsection (b)(1) 

8 within 24 months after date of the enactment of this 

9 Act, the Secretary shall refer the issue to the United 

10 States Court of Federal Claims for resolution. 

11 (2) RESOLUTION BY COURT.—In any referral 

12 under this subsection, the court shall— 

13 (A) determine the economic value invested 

14 for purposes of subsection (b)(2); and 

15 (B) determine and order the Secretary to 

16 provide financial and mineral production oppor17 tunities for purposes of subsection (b)(1) and 

18 subsection (d). 

19 SEC. 5. LIMITATIONS ON FUTURE LEASING FOR SAND AND 

20 GRAVEL IN SOLEDAD CANYON AREA OF CALI21 FORNIA. 

22 (a) LIMITATION ON RATE OF MINING.—The Sec23 retary may not issue any lease for mining sand and gravel 

24 in the Soledad Canyon area of California as described on 

25 the map titled lll and dated lll on file with the 


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1 Secretary of Interior that in aggregate exceeds the histor2 ical production level. 

3 (b) CONSULTATION AND CONSIDERATIONS.—Before 

4 issuing any lease authorizing the mining of sand or gravel 

5 in the Soledad Canyon area of California, the Secretary 

6 shall— 

7 (1) consult with the City of Santa Clarita, Cali8 fornia, Los Angeles County, California, and surface 

9 owners in that area; and 

10 (2) take into consideration the environmental 

11 and transportation concerns of such mining in that 

12 area. 

Æ 


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