IB 
Union Calendar No. 783 
115TH CONGRESS 
2D SESSION 
H. R. 5347 
[Report No. 115–1002] 
To facilitate resolution of environmental remediation and reclamation, resolve 
potential liability of the United States, and promote economic develop-
ment 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 
NOVEMBER 2, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 20, 2018] 
VerDate Sep 11 2014 
21:33 Nov 02, 2018
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H5347.RH
H5347
pbinns on DSK79D2C42PROD with BILLS
A BILL 
To facilitate resolution of environmental remediation and rec-
lamation, resolve potential liability of the United States, 
and promote economic development in Lyon County, Ne-
vada, and for other purposes. 
VerDate Sep 11 2014 
21:33 Nov 02, 2018
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H5347.RH
H5347
pbinns on DSK79D2C42PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Lyon County Economic Development and Environmental 
Remediation Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
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. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ATLANTIC RICHFIELD.—The term ‘‘Atlantic 
Richfield’’ means the Atlantic Richfield Company, a 
Delaware corporation, or its successors or assigns. 
(2) BLM.—The term ‘‘BLM’’ means the Bureau 
of Land Management. 
(3) CERCLA.—The term ‘‘CERCLA’’ means the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.). 
(4) COUNTY.—The term ‘‘County’’ means Lyon 
County, Nevada. 
(5) FEDERAL
SELECTED
LANDS.—The term 
‘‘Federal selected lands’’ means the approximately 
VerDate Sep 11 2014 
21:33 Nov 02, 2018
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H5347.RH
H5347
pbinns on DSK79D2C42PROD with BILLS
2,062 acres of land managed by the BLM, located in 
five distinct parcels in Lyon County, Nevada, and 
generally depicted on the map entitled ‘‘Anaconda 
Copper Mine Site—Federal Parcels Proposed to be 
Acquired’’ and dated September 7, 2017. 
(6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the In-
dian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(7) MAP.—The term ‘‘Map’’ means the map enti-
tled ‘‘Anaconda Copper Mine Site—Federal Parcels 
Proposed to be Acquired’’ and dated September 7, 
2017. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) SITE.—The term ‘‘Site’’ means the Anaconda 
Copper Mine Site located in Lyon County, Nevada. 
(10) STATE.—The term ‘‘State’’ means the State 
of Nevada. 
SEC. 3. FINDINGS. 
Congress finds that— 
(1) Atlantic Richfield is performing environ-
mental response actions under CERCLA at the Site 
with the State’s Division of Environmental Protection 
in the lead oversight role; 
VerDate Sep 11 2014 
21:33 Nov 02, 2018
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H5347.RH
H5347
pbinns on DSK79D2C42PROD with BILLS
(2) to comprehensively and efficiently facilitate 
the environmental remediation and reclamation at 
the Site, Atlantic Richfield requires access to land 
that is owned by the Federal Government; 
(3) more than half of the acreage located within 
the Site’s boundaries is owned by the Federal Govern-
ment and managed by the BLM, and, therefore, at-
tempting 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 po-
tentially responsible party under CERCLA and ac-
cordingly 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 County 
VerDate Sep 11 2014 
21:33 Nov 02, 2018
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H5347.RH
H5347
pbinns on DSK79D2C42PROD with BILLS
by consolidating private land for future mining ac-
tivities; 
(8) the BLM has routinely conveyed lands to po-
tentially responsible parties to facilitate remedial ac-
tions; 
(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 relating to 
the Site; 
(10) the Federal selected lands contain contami-
nation and hazardous waste, and therefore the fair 
market value of such lands is minimal; 
(11) the United States potential CERCLA liabil-
ity 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 cer-
tain United States liabilities is reasonable, logical, 
advisable, and in the public interest. 
VerDate Sep 11 2014 
21:33 Nov 02, 2018
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H5347.RH
H5347
pbinns on DSK79D2C42PROD with BILLS
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. 
(b) COVENANT NOT TO SUE AND INDEMNITY.—Upon 
conveyance of the Federal selected lands under subsection 
(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 conveyance. 
(c) EQUAL VALUE.—The value of the Federal selected 
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 purposes of this Act 
or the conveyance of the Federal selected lands under this 
Act. 
VerDate Sep 11 2014 
21:33 Nov 02, 2018
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H5347.RH
H5347
pbinns on DSK79D2C42PROD with BILLS
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 conditions: 
(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 reso-
lution of the Company stating its intention not to 
enter into the conveyance authorized by this Act. 
(b) WITHDRAWAL.—Subject to valid existing rights, ef-
fective on the date of the enactment of this Act, the Federal 
selected lands are hereby withdrawn from all forms of ap-
propriation under the public land laws (including the min-
ing laws) and from disposition under all laws pertaining 
to mineral leasing. 
(c) PATENT.—The conveyance of the Federal selected 
lands under this Act shall be by United States patent ac-
VerDate Sep 11 2014 
21:33 Nov 02, 2018
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H5347.RH
H5347
pbinns on DSK79D2C42PROD with BILLS
ceptable to the Secretary and in conformity with applicable 
title standards of the Attorney General. 
(d) TRIBAL RIGHTS.—Not later than 30 days after the 
date of enactment of this Act, the Secretary shall initiate 
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 consultation 
shall conclude within 90 days of its initiation. After the 
consultation under this subsection, the Secretary shall con-
sult with Atlantic Richfield and seek to find mutually ac-
ceptable measures to address any identified concerns 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 affects 
any State law relating to the imposition, application, tim-
ing, or collection of a State tax. 
(g) COMPLIANCE WITH APPLICABLE LAWS.—The land 
transfer directed by this Act, and all determinations, au-
thorizations, and actions taken by the Secretary pursuant 
to this Act, are deemed to be non-discretionary actions au-
thorized and directed by Congress, and to comply with all 
VerDate Sep 11 2014 
21:33 Nov 02, 2018
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H5347.RH
H5347
pbinns on DSK79D2C42PROD with BILLS
applicable procedural and other requirements of the laws 
of the United States. 
(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 convey-
ance, Atlantic Richfield shall perform all response actions 
determined by the State Division of Environmental Protec-
tion to be necessary to protect human health and the envi-
ronment with respect to any hazardous substance stored, re-
leased, 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. 
VerDate Sep 11 2014 
21:33 Nov 02, 2018
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H5347.RH
H5347
pbinns on DSK79D2C42PROD with BILLS
VerDate Sep 11 2014 
21:33 Nov 02, 2018
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H5347.RH
H5347
pbinns on DSK79D2C42PROD with BILLS
Union Calendar No. 783 
115TH CONGRESS 
2D SESSION 
H. R. 5347 
[Report No. 115–1002] 
A BILL 
To facilitate resolution of environmental remedi-
ation and reclamation, resolve potential liability 
of the United States, and promote economic de-
velopment in Lyon County, Nevada, and for 
other purposes. 
NOVEMBER 2, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
21:33 Nov 02, 2018
Jkt 089200
PO 00000
Frm 00012
Fmt 6651
Sfmt 6651
E:\BILLS\H5347.RH
H5347
pbinns on DSK79D2C42PROD with BILLS