ernment and managed by the BLM, and, therefore, 
attempting to implement a CERCLA remedy on 
BLM-managed lands requires extensive coordination 
and can involve substantial delays and increased 
costs; 
(4) because the historic releases and elements 
of the remedy do not follow existing property bound-
aries, reducing any inconsistent treatment based on 
land ownership will benefit cost management, effi-
ciency of operations and maintenance, and long-term 
protectiveness; 
(5) the United States may be designated as a 
potentially responsible party under CERCLA and 
accordingly could be assigned a significant liability 
share for CERCLA response costs; 
(6) at the time of conveyance, the Federal se-
lected lands will be unburdened by mining claims; 
(7) the conveyance of the Federal selected lands 
will promote economic development within the Coun-
ty by consolidating private land for future mining 
activities; 
(8) the BLM has routinely conveyed lands to 
potentially responsible parties to facilitate remedial 
actions; 
VerDate Sep 11 2014 
23:17 Apr 01, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1813.IH
H1813
pamtmann on DSKBFK8HB2PROD with BILLS
(9) a legislated land conveyance is necessary to 
meet the remediation goals of the Site, promote eco-
nomic development in the County, and for BLM and 
the United States to receive a covenant not to sue 
and indemnity for certain potential liabilities relat-
ing to the Site; 
(10) the Federal selected lands contain con-
tamination and hazardous waste, and therefore the 
fair market value of such lands is minimal; 
(11) the United States potential CERCLA li-
ability at the Site is substantially greater than the 
fair market value of the Federal selected lands; and 
(12) the BLM and Atlantic Richfield have con-
cluded that conveyance of the Federal selected lands 
to Atlantic Richfield in exchange for resolution of 
certain United States liabilities is reasonable, logical, 
advisable, and in the public interest. 
SEC. 4. CONVEYANCE OF LAND; RESOLUTION OF FEDERAL 
LIABILITY. 
(a) FEDERAL SELECTED LANDS.—Notwithstanding 
section 120(h) of CERCLA (42 U.S.C. 9620(h)), not later 
than 120 days after the date of the enactment of this Act, 
the Secretary shall convey all right, title, and interest (in-
cluding mineral rights) of the United States in and to the 
Federal selected lands to Atlantic Richfield. 
VerDate Sep 11 2014 
23:17 Apr 01, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1813.IH
H1813
pamtmann on DSKBFK8HB2PROD with BILLS
(b) COVENANT NOT TO SUE
AND INDEMNITY.— 
Upon conveyance of the Federal selected lands under sub-
section (a), and for full and complete compensation for 
those lands, Atlantic Richfield shall— 
(1) covenant not to sue and agree not to assert 
any claims or causes of action against the BLM or 
its contractors or employees with respect to 
CERCLA response costs that Atlantic Richfield has 
incurred or will incur at or relating to the Site; and 
(2) indemnify the United States against future 
liabilities that result from Atlantic Richfield’s activi-
ties on the Federal selected lands after the convey-
ance. 
(c) EQUAL VALUE.—The value of the Federal se-
lected lands is deemed to be equal to or less than the 
United States portion of the CERCLA response costs at 
the Site and no further valuation is required for the pur-
poses of this Act or the conveyance of the Federal selected 
lands under this Act. 
SEC. 5. GENERAL PROVISIONS RELATING TO THE CONVEY-
ANCE. 
(a) IN GENERAL.—The conveyance authorized by 
this Act shall be subject to the following terms and condi-
tions: 
VerDate Sep 11 2014 
23:17 Apr 01, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1813.IH
H1813
pamtmann on DSKBFK8HB2PROD with BILLS
(1) EXISTING ENCUMBRANCES.—In the United 
States patent to be issued pursuant to this Act, the 
Secretary shall describe any existing known encum-
brances in the patent. The terms of such encum-
brances shall be prescribed by the Secretary not 
later than 30 days after the date of the enactment 
of this Act. 
(2) RIGHT OF RESCISSION.—This Act shall not 
be binding on either the United States or Atlantic 
Richfield if, not later than 45 days after the date of 
the enactment of this Act, Atlantic Richfield submits 
to the Secretary a duly authorized and executed res-
olution of the Company stating its intention not to 
enter into the conveyance authorized by this Act. 
(b) WITHDRAWAL.—Subject to valid existing rights, 
effective on the date of the enactment of this Act, the Fed-
eral selected lands are hereby withdrawn from all forms 
of appropriation under the public land laws (including the 
mining laws) and from disposition under all laws per-
taining to mineral leasing. 
(c) PATENT.—The conveyance of the Federal selected 
lands under this Act shall be by United States patent ac-
ceptable to the Secretary and in conformity with applica-
ble title standards of the Attorney General. 
VerDate Sep 11 2014 
23:17 Apr 01, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1813.IH
H1813
pamtmann on DSKBFK8HB2PROD with BILLS
(d) TRIBAL RIGHTS.—Not later than 30 days after 
the date of enactment of this Act, the Secretary shall ini-
tiate in government-to-government consultation with any 
Indian Tribe affected by the conveyance of the Federal 
selected lands regarding issues of concern to the affected 
Indian Tribe related to the land conveyance. Such con-
sultation shall conclude within 90 days of its initiation. 
After the consultation under this subsection, the Secretary 
shall consult with Atlantic Richfield and seek to find mu-
tually acceptable measures to address any identified con-
cerns of the affected Indian Tribe. 
(e) TRIBAL RIGHTS UNAFFECTED.—Nothing in this 
Act alters or diminishes the treaty rights of any Indian 
Tribe. 
(f) STATE LAW UNAFFECTED.—Nothing in this Act 
modifies, expands, diminishes, amends, or otherwise af-
fects any State law relating to the imposition, application, 
timing, or collection of a State tax. 
(g) COMPLIANCE WITH APPLICABLE LAWS.—The 
land transfer directed by this Act, and all determinations, 
authorizations, and actions taken by the Secretary pursu-
ant to this Act, are deemed to be non-discretionary actions 
authorized and directed by Congress, and to comply with 
all applicable procedural and other requirements of the 
laws of the United States. 
VerDate Sep 11 2014 
23:17 Apr 01, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1813.IH
H1813
pamtmann on DSKBFK8HB2PROD with BILLS
(h) USE OF FEDERAL SELECTED LANDS.—Notwith-
standing the former ownership of the Federal selected 
lands by the United States, such land shall be treated as 
non-Federal land after the conveyance of such lands to 
Atlantic Richfield. 
(i) ENVIRONMENTAL COMPLIANCE.—After the con-
veyance, Atlantic Richfield shall perform all response ac-
tions determined by the State Division of Environmental 
Protection to be necessary to protect human health and 
the environment with respect to any hazardous substance 
stored, released, or disposed of on the Federal selected 
lands. Response actions on the Federal selected lands shall 
be conducted in accordance with applicable Federal, State, 
and local laws pertaining to response, mining, and related 
activities on land in private ownership. 
(j) AVAILABILITY OF MAP.—The Map shall be on file 
and available for public inspection in the appropriate of-
fices of the BLM. 
Æ 
VerDate Sep 11 2014 
23:17 Apr 01, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H1813.IH
H1813
pamtmann on DSKBFK8HB2PROD with BILLS