I 

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. 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Lyon County Economic Development and Environmental 

6 Remediation Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ATLANTIC RICHFIELD.—The term ‘‘Atlantic 

4 Richfield’’ means the Atlantic Richfield Company, a 

5 Delaware corporation, or its successors or assigns. 

6 (2) BLM.—The term ‘‘BLM’’ means the Bu7 reau of Land Management. 

8 (3) CERCLA.—The term ‘‘CERCLA’’ means 

9 the Comprehensive Environmental Response, Com10 pensation, and Liability Act of 1980 (42 U.S.C. 

11 9601 et seq.). 

12 (4) COUNTY.—The term ‘‘County’’ means Lyon 

13 County, Nevada. 

14 (5) FEDERAL SELECTED LANDS.—The term 

15 ‘‘Federal selected lands’’ means the approximately 

16 2,062 acres of land managed by the BLM, located 

17 in five distinct parcels in Lyon County, Nevada, and 

18 generally depicted on the map entitled ‘‘Anaconda 

19 Copper Mine Site—Federal Parcels Proposed to be 

20 Acquired’’ and dated September 7, 2017. 

21 (6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

22 has the meaning given the term in section 4 of the 


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1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 5304). 

3 (7) MAP.—The term ‘‘Map’’ means the map en4 titled ‘‘Anaconda Copper Mine Site—Federal Par5 cels Proposed to be Acquired’’ and dated September 

6 7, 2017. 

7 (8) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (9) SITE.—The term ‘‘Site’’ means the Ana10 conda Copper Mine Site located in Lyon County, 

11 Nevada. 

12 (10) STATE.—The term ‘‘State’’ means the 

13 State of Nevada. 

14 SEC. 3. FINDINGS. 

15 Congress finds that— 

16 (1) Atlantic Richfield is performing environ17 mental response actions under CERCLA at the Site 

18 with the State’s Division of Environmental Protec19 tion in the lead oversight role; 

20 (2) to comprehensively and efficiently facilitate 

21 the environmental remediation and reclamation at 

22 the Site, Atlantic Richfield requires access to land 

23 that is owned by the Federal Government; 

24 (3) more than half of the acreage located within 

25 the Site’s boundaries is owned by the Federal GovVerDate Sep 11 2014 00:43 Mar 29, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5347.IH H5347

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1 ernment and managed by the BLM, and, therefore, 

2 attempting to implement a CERCLA remedy on 

3 BLM-managed lands requires extensive coordination 

4 and can involve substantial delays and increased 

5 costs; 

6 (4) because the historic releases and elements 

7 of the remedy do not follow existing property bound8 aries, reducing any inconsistent treatment based on 

9 land ownership will benefit cost management, effi10 ciency of operations and maintenance, and long-term 

11 protectiveness; 

12 (5) the United States may be designated as a 

13 potentially responsible party under CERCLA and 

14 accordingly could be assigned a significant liability 

15 share for CERCLA response costs; 

16 (6) at the time of conveyance, the Federal se17 lected lands will be unburdened by mining claims; 

18 (7) the conveyance of the Federal selected lands 

19 will promote economic development within the Coun20 ty by consolidating private land for future mining 

21 activities; 

22 (8) the BLM has routinely conveyed lands to 

23 potentially responsible parties to facilitate remedial 

24 actions; 


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1 (9) a legislated land conveyance is necessary to 

2 meet the remediation goals of the Site, promote eco3 nomic development in the County, and for BLM and 

4 the United States to receive a covenant not to sue 

5 and indemnity for certain potential liabilities relat6 ing to the Site; 

7 (10) the Federal selected lands contain con8 tamination and hazardous waste, and therefore the 

9 fair market value of such lands is minimal; 

10 (11) the United States potential CERCLA li11 ability at the Site is substantially greater than the 

12 fair market value of the Federal selected lands; and 

13 (12) the BLM and Atlantic Richfield have con14 cluded that conveyance of the Federal selected lands 

15 to Atlantic Richfield in exchange for resolution of 

16 certain United States liabilities is reasonable, logical, 

17 advisable, and in the public interest. 

18 SEC. 4. CONVEYANCE OF LAND; RESOLUTION OF FEDERAL 

19 LIABILITY. 

20 (a) FEDERAL SELECTED LANDS.—Notwithstanding 

21 section 120(h) of CERCLA (42 U.S.C. 9620(h)), not later 

22 than 90 days after the date of the enactment of this Act, 

23 the Secretary shall convey all right, title, and interest (in24 cluding mineral rights) of the United States in and to the 

25 Federal selected lands to Atlantic Richfield. 


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1 (b) COVENANT NOT TO SUE AND INDEMNITY.— 

2 Upon conveyance of the Federal selected lands under sub3 section (a), and for full and complete compensation for 

4 those lands, Atlantic Richfield shall— 

5 (1) covenant not to sue and agree not to assert 

6 any claims or causes of action against the BLM or 

7 its contractors or employees with respect to 

8 CERCLA response costs that Atlantic Richfield has 

9 incurred or will incur at or relating to the Site; and 

10 (2) indemnify the United States against future 

11 liabilities that result from Atlantic Richfield’s activi12 ties on the Federal selected lands after the convey13 ance. 

14 (c) EQUAL VALUE.—The value of the Federal se15 lected lands is deemed to be equal to or less than the 

16 United States portion of the CERCLA response costs at 

17 the Site and no further valuation is required for the pur18 poses of this Act or the conveyance of the Federal selected 

19 lands under this Act. 

20 SEC. 5. GENERAL PROVISIONS RELATING TO THE CONVEY21 ANCE. 

22 (a) IN GENERAL.—The conveyance authorized by 

23 this Act shall be subject to the following terms and condi24 tions: 


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1 (1) EXISTING ENCUMBRANCES.—In the United 

2 States patent to be issued pursuant to this Act, the 

3 Secretary shall describe any existing known encum4 brances in the patent. The terms of such encum5 brances shall be prescribed by the Secretary not 

6 later than 30 days after the date of the enactment 

7 of this Act. 

8 (2) RIGHT OF RESCISSION.—This Act shall not 

9 be binding on either the United States or Atlantic 

10 Richfield if, not later than 45 days after the date of 

11 the enactment of this Act, Atlantic Richfield submits 

12 to the Secretary a duly authorized and executed res13 olution of the Company stating its intention not to 

14 enter into the conveyance authorized by this Act. 

15 (b) WITHDRAWAL.—Subject to valid existing rights, 

16 effective on the date of the enactment of this Act, the Fed17 eral selected lands are hereby withdrawn from all forms 

18 of appropriation under the public land laws (including the 

19 mining laws) and from disposition under all laws per20 taining to mineral leasing. 

21 (c) PATENT.—The conveyance of the Federal selected 

22 lands under this Act shall be by United States patent ac23 ceptable to the Secretary and in conformity with applica24 ble title standards of the Attorney General. 


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1 (d) TRIBAL RIGHTS.—Not later than 30 days after 

2 the date of enactment of this Act, the Secretary shall ini3 tiate in government-to-government consultation with any 

4 Indian Tribe affected by the conveyance of the Federal 

5 selected lands regarding issues of concern to the affected 

6 Indian Tribe related to the land conveyance. Such con7 sultation shall conclude within 90 days of its initiation. 

8 After the consultation under this subsection, the Secretary 

9 shall consult with Atlantic Richfield and seek to find mu10 tually acceptable measures to address any identified con11 cerns of the affected Indian Tribe. 

12 (e) TRIBAL RIGHTS UNAFFECTED.—Nothing in this 

13 Act alters or diminishes the treaty rights of any Indian 

14 Tribe. 

15 (f) STATE LAW UNAFFECTED.—Nothing in this Act 

16 modifies, expands, diminishes, amends, or otherwise af17 fects any State law relating to the imposition, application, 

18 timing, or collection of a State tax. 

19 (g) COMPLIANCE WITH APPLICABLE LAWS.—The 

20 land transfer directed by this Act, and all determinations, 

21 authorizations, and actions taken by the Secretary pursu22 ant to this Act, are deemed to be non-discretionary actions 

23 authorized and directed by Congress, and to comply with 

24 all applicable procedural and other requirements of the 

25 laws of the United States. 


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1 (h) USE OF FEDERAL SELECTED LANDS.—Notwith2 standing the former ownership of the Federal selected 

3 lands by the United States, such land shall be treated as 

4 non-Federal land after the conveyance of such lands to 

5 Atlantic Richfield. 

6 (i) ENVIRONMENTAL COMPLIANCE.—After the con7 veyance, Atlantic Richfield shall perform all response ac8 tions determined by the State Division of Environmental 

9 Protection to be necessary to protect human health and 

10 the environment with respect to any hazardous substance 

11 stored, released, or disposed of on the Federal selected 

12 lands. Response actions on the Federal selected lands shall 

13 be conducted in accordance with applicable Federal, State, 

14 and local laws pertaining to response, mining, and related 

15 activities on land in private ownership. 

16 (j) AVAILABILITY OF MAP.—The Map shall be on file 

17 and available for public inspection in the appropriate of18 fices of the BLM. 

Æ 


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