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Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intermodal Safe Container 
Transportation Act Amendments of 1996''.

SEC. 2. REFERENCES TO TITLE 49.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 49, United States 
Code.

SEC. 3. DEFINITIONS.

    Section 5901 is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) except as otherwise provided in this chapter, the 
        definitions in sections 10102 and 13102 of this title apply.'';
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (3) by inserting after paragraph (5) the following new 
        paragraph:
            ``(6) `gross cargo weight' means the weight of the cargo, 
        packaging materials (including ice), pallets, and dunnage.''.

SEC. 4. NOTIFICATIONS AND CERTIFICATIONS.

    Section 5902 is amended to read as follows:
``Sec. 5902. Notifications and certifications
    ``(a) Prior Notification.--
            ``(1) In general.--If the first carrier to which any loaded 
        container or trailer having a projected gross cargo weight of 
        more than 29,000 pounds is tendered for intermodal 
        transportation is a motor carrier, the person tendering the 
        container or trailer shall give the motor carrier a 
        notification of the projected gross cargo weight and a 
        reasonable description of the contents of the container or 
        trailer before the tendering of the container or trailer. The 
        notification may be transmitted electronically or by telephone.
            ``(2) Applicability.--This subsection applies to any person 
        within the United States who tenders a container or trailer 
        subject to this chapter for intermodal transportation if the 
        first carrier is a motor carrier.
    ``(b) Certification.--
            ``(1) In general.--A person who tenders a loaded container 
        or trailer with an actual gross cargo weight of more than 
        29,000 pounds, to a first carrier for intermodal transportation 
        shall provide a certification of the contents of the container 
        or trailer in writing, or electronically, before or when the 
        container or trailer is so tendered.
            ``(2) Contents of certification.--The certification 
        required by paragraph (1) shall include the following:
                    ``(A) The actual gross cargo weight.
                    ``(B) A reasonable description of the contents of 
                the container or trailer.
                    ``(C) The identity of the certifying party.
                    ``(D) The container or trailer number.
                    ``(E) The date of certification or transfer of data 
                to another document, as provided for in paragraph (3).
            ``(3) Transfer of certification data.--A carrier who 
        receives a certification may transfer the information contained 
        in the certification to another document or to electronic 
        format for forwarding to a subsequent carrier. The person 
        transferring the information shall state on the forwarded 
        document the date on which the data was transferred and the 
        identity of the party who performed the transfer.
            ``(4) Shipping documents.--For purposes of this chapter, a 
        shipping document, prepared by the person tendering a container 
        or trailer to a first carrier, that contains the information 
        required by paragraph (2) meets the requirements of paragraph 
        (1).
            ``(5) Use of `freight all kinds' term.--The term `Freight 
        All Kinds' or `FAK' may not be used for the purpose of 
        certification under this subsection after December 31, 2000, as 
        a description required under paragraph (2)(B) for a trailer or 
        container if the weight of any commodity in the trailer or 
        container equals or exceeds 20 percent of the total weight of 
the contents of the trailer or container. This subsection does not 
prohibit the use of such term after December 31, 2000, for rating 
purposes.
            ``(6) Separate document marking.--If a separate document is 
        used to meet the requirements of paragraph (1), it shall be 
        conspicuously marked `INTERMODAL CERTIFICATION'.
            ``(7) Applicability.--This subsection applies to any 
        person, domestic or foreign, who first tenders a container or 
        trailer subject to this chapter for intermodal transportation 
        within the United States.
    ``(c) Forwarding Certifications to Subsequent Carriers.--
            ``(1) General rule.--A carrier, agent of a carrier, broker, 
        customs broker, freight forwarder, warehouser, or terminal 
        operator shall forward the certification provided under 
        subsection (b) to a subsequent carrier transporting the 
        container or trailer in intermodal transportation before or 
        when the container or trailer is tendered to the subsequent 
        carrier.
            ``(2) Presumption of no certification required.--If no 
        certification is received by the subsequent carrier before or 
        when the container or trailer is being tendered to it, the 
        subsequent carrier may presume that no certification is 
        required.
            ``(3) Limitation on construction of forwarding.--The act of 
        forwarding the certification may not be construed as a 
        verification or affirmation of the accuracy or completeness of 
        the information in the certification.
            ``(4) Liability.--
                    ``(A) In general.--If a person inaccurately 
                transfers the information on the certification or fails 
                to forward the certification to a subsequent carrier, 
                then that person is liable to any person who incurs any 
                bond, fine, penalty, cost (including storage), or 
                interest charge incurred as a result of the inaccurate 
                transfer of information or failure to forward the 
                certification.
                    ``(B) Lien.--A subsequent carrier incurring a bond, 
                fine, penalty, or cost (including storage), or interest 
                charge as a result of the inaccurate transfer of the 
                information or the failure to forward the certification 
                shall have a lien against the contents of the container 
                or trailer under section 5905 in the amount of the 
                bond, fine, penalty, or cost (including storage), or 
                interest charge and all court costs and legal fees 
                incurred by the carrier as a result of such inaccurate 
                transfer or failure.
            ``(5) Notice to leased operators.--If a motor carrier knows 
        that the gross cargo weight of an intermodal container or 
        trailer subject to the certification requirements of subsection 
        (b) would result in a violation of applicable State gross 
        vehicle weight laws--
                    ``(A) a motor carrier must inform the operator of a 
                vehicle which is leased by the vehicle operator to a 
                motor carrier which transports an intermodal container 
                or trailer of the gross cargo weight of the container 
                or trailer as certified to the motor carrier pursuant 
                to subsection (b);
                    ``(B) the notice must be provided to the operator 
                prior to the operator being tendered the container or 
                trailer;
                    ``(C) the notice required by this subsection must 
                be in writing, but may be transmitted electronically;
                    ``(D) the motor carrier shall bear the burden of 
                proof to establish that it tendered the required notice 
                to the operator; and
                    ``(E) if the operator of a leased vehicle 
                transporting a container or trailer subject to this 
                chapter should receive a fine because of a violation of 
                a State's gross vehicle weight laws or regulations and 
                lessee motor carrier cannot establish that it tendered 
                to the operator the notice required by this section, 
                the operator shall be entitled to reimbursement from 
                the motor carrier of the amount of any fine and court 
                costs resulting from the failure of the motor carrier 
                to tender the notice to the operator.
    ``(d) Liability to Owner or Beneficial Owner.--If--
            ``(1) a person inaccurately transfers information on a 
        certification required by subsection (b)(1) or fails to forward 
        a certification to the subsequent carrier;
            ``(2) as a result of the inaccurate transfer of such 
        information or a failure to forward a certification, the 
        subsequent carrier incurs a bond, fine, penalty, or cost 
        (including storage), or interest charge; and
            ``(3) a subsequent carrier exercises its rights to a lien 
        under section 5905,
then that person is liable to the owner or beneficial owner or to any 
other person paying the amount of the lien to the subsequent carrier 
for the amount of the lien and all costs related to the imposition of 
the lien, including court costs and legal fees incurred in connection 
with imposition of the lien.
    ``(e) Nonapplicability.--
            ``(1) Consolidated shipments.--The notification and 
        certification requirements of subsections (a) and (b) do not 
        apply to any intermodal container or trailer containing 
        consolidated shipments loaded by a motor carrier if that motor 
        carrier--
                    ``(A) performs the highway portion of the 
                intermodal movement; or
                    ``(B) assumes the responsibility for any weight-
                related fine or penalty incurred by any other motor 
                carrier that performs a part of the highway 
                transportation.
            ``(2) Intermodal transportation of loaded containers.--
                    ``(A) In general.--Subsections (a) and (b) and 
                section 5903(c) do not apply to a carrier when the 
                carrier is transferring a loaded container or trailer 
                to another carrier during intermodal transportation, 
                unless the carrier is also the person tendering the 
                loaded container or trailer to the first carrier.
                    ``(B) Special rule.--A carrier, agent of a carrier, 
                broker, customs broker, freight forwarder, warehouser, 
                or terminal operator is deemed not to be a person 
                tendering a loaded container or trailer to a first 
                carrier under this section, unless the carrier, agent, 
                broker, customs broker, freight forwarder, warehouser, 
                or terminal operator assumes legal responsibility for 
                loading property into the container or trailer.''.

SEC. 5. PROHIBITIONS.

    (a) Providing Erroneous Information.--Section 5903(a) is amended by 
inserting ``, to whom section 5902(b) applies,'' after ``A person''.
    (b) Transporting Prior To Receiving Certification.--Section 5903(b) 
is amended to read as follows:
    ``(b) Transporting Prior To Receiving Certification.--
            ``(1) Presumption.--If no certification is received by a 
        motor carrier before or when a loaded intermodal container or 
        trailer is tendered to it, the motor carrier may presume that 
        the gross cargo weight of the container or trailer is less than 
        29,001 pounds.
            ``(2) Copy of certification not required to accompany 
        container or trailer.--Notwithstanding any other provision of 
        this chapter, if a certification is required by section 
        5902(b), a copy of the certification is not required to 
        accompany the intermodal container or trailer.''.
    (c) Unlawful Coercion.--Section 5903(c)(1) is amended by striking 
``10,000 pounds (including packing materials and pallets)'' and 
inserting ``29,000 pounds''.

SEC. 6. LIENS.

    (a) General Rule.--Section 5905(a) is amended to read as follows:
    ``(a) General Rule.--If a person involved in the intermodal 
transportation of a loaded container or trailer for which a 
certification is required by section 5902(b) of this title is required, 
because of a violation of a State's gross vehicle weight laws or 
regulations, to post a bond or pay a fine, penalty, cost (including 
storage), or interest charge resulting from--
            ``(1) erroneous information provided by the certifying 
        party in the certification to the first carrier in violation of 
        section 5903(a),
            ``(2) the failure of the party required to provide the 
        certification to the first carrier to provide it,
            ``(3) the failure of a person required under section 
        5902(c) to forward the certification to forward it, or
            ``(4) an error occurring in the transfer of information on 
        the certification to another document under section 5902(b)(3) 
        or 5902(c),
then the person posting the bond, or paying any fine, penalty, cost 
(including storage), or interest charge has a lien against the contents 
equal to the amount of the bond, fine, penalty, cost (including 
storage), or interest charge incurred, until the person receives a 
payment of that amount from the owner or beneficial owner of the 
contents or from the person responsible for making or forwarding the 
certification or transferring the information from the certification to 
another document.''.
    (b) Limitations.--Section 5905(b)(1) is amended--
            (1) by inserting after ``the first carrier'' the following: 
        ``or the owner or beneficial owner of the contents''; and
            (2) by striking ``cost, or interest.'' and inserting ``cost 
        (including storage), or interest charge. The lien shall remain 
        in effect until the lien holder has received payment for all 
        costs and expenses as described in subsection (a).''.

SEC. 7. PERISHABLE AGRICULTURAL COMMODITIES.

    Section 5906 is amended by striking ``Sections 5904(a)(2) and 5905 
of this title do'' and insert ``Section 5905 does''.

SEC. 8. EFFECTIVE DATE.

    Section 5907 is amended to read as follows:
``Sec. 5907. Effective date
    ``This chapter, as amended by the Intermodal Safe Container 
Transportation Act Amendments of 1996, is effective on the date of the 
enactment of such Act. The provisions of this chapter shall be 
implemented 180 days after such date of enactment.''.

SEC. 9. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Chapter 59 is amended by adding at the end the 
following new section:
``Sec. 5908. Relationship to other laws
    ``Nothing in this chapter affects--
            ``(1) chapter 51 (relating to transportation of hazardous 
        material) or the regulations issued under that chapter; or
            ``(2) any State highway weight or size law or regulation 
        applicable to tractor-trailer combinations.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by striking the item relating to section 5907 and inserting the 
following:

``5907. Effective date.
``5908. Relationship to other laws.''.

            Passed the House of Representatives September 18, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

Answer: Intermodal Safe Container Transportation Act Amendments of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation. 
Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier. 
Allows such notification to be made by telephone, and allows the required certification of the container or trailer contents to be electronic.  Sets forth administrative and civil penalties for persons who inaccurately transfer certification information.  Makes such a person liable to the owner or beneficial owner for any lien filed by a subsequent carrier that incurred a bond, fine, or other penalty as a result of an inaccurate information transfer or a failure to forward a certification. 
Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items.  Requires the motor carrier to reimburse the operator of the leased vehicle that are fined because of a violation of a State's gross vehicle weight laws. 
Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it.  Declares that a copy of a certification is not required to accompany the intermodal container or trailer. 
Prohibits a person from coercing a person transporting a loaded container or trailer having a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing materials and pallets) before the required certification is provided. 
Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws.  Includes among such circumstances:  (1) failure of the party required to provide certification off gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Soledad Canyon Mine Act''.

SEC. 2. FINDING AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Transit Mix Concrete Corporation holds two valid 
        Federal contracts, numbered CA-20139 and CA-22901, issued under 
        the Materials Act of 1947, for the extraction of approximately 
        56,000,000 tons of sand and gravel from the Federal mineral 
        estate in lands located in Soledad Canyon adjacent to the city 
        of Santa Clarita, California.
            (2) It is in the best interest of the citizens of 
        California and the Federal Government to cancel the Contracts 
        and prohibit future mining in the Soledad Canyon area of 
        California.
            (3) TMC should receive as just compensation for such 
        cancellation the fair market value of the Contracts and all 
        costs, fees, and covered liabilities incurred by TMC in good 
        faith in its efforts to develop the Contracts.
            (4) A site-specific solution that is fair to TMC and that 
        seeks to protect the environment and minimize impacts on local 
        transportation systems is in the best interest of the Nation.
            (5) Considerable sums of money have been expended by TMC 
        and the city of Santa Clarita on legal and other services in 
        trying to ensure their interests are protected with respect to 
        Contracts CA-20139 and CA-22901.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To provide to the Bureau of Land Management the 
        authority to cancel contracts CA-20139 and CA-22901 and 
        prohibit future mining in the Soledad Canyon.
            (2) To provide a means for TMC to recover as just 
        compensation for the cancellation of the Contracts the fair 
        market value of, and TMC's expenditures and covered liabilities 
        pursuing the development of, the Contracts.
            (3) To provide the Bureau of Land Management tools to 
        verify expenses incurred by TMC and provide relief.
            (4) To provide timelines for the verification of costs 
        incurred by TMC and the determination of just compensation, and 
        to provide a dispute resolution process.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Contracts.--The term ``Contracts'' means Bureau of Land 
        Management mineral contracts numbered CA-20139 and CA-22901.
            (2) Covered liabilities.--The term ``covered liabilities'' 
        includes any court-ordered or court-approved payment, 
        settlement, or other liability on the part of TMC for damages, 
        costs, compensation, or reimbursement to any third party for 
        agreements entered into by TMC in good faith prior to January 
        1, 2008, in order to exercise rights under the Contracts.
            (3) Materials act of 1947.--The term ``Materials Act of 
        1947'' means the Act of July 31, 1947, (chapter 406; 61 Stat. 
        681; 30 U.S.C. 601-604).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) TMC.--The term ``TMC'' means the Transit Mixed Concrete 
        Corporation and its successors in interest, including CEMEX 
        USA.

SEC. 4. CANCELLATION OF THE CONTRACTS.

    (a) Contract Cancellations.--The Secretary shall cancel Bureau of 
Land Management mineral contracts CA-20139 and CA-22901 and withdraw 
those areas that were subject to the Contracts from further mineral 
entry under all mineral leasing and sales authorities available to the 
Secretary, effective on the date of the enactment of this Act.
    (b) Compensation.--
            (1) In general.--As compensation for the cancellation of 
        the Contracts, TMC shall receive fair market value of the 
        Contracts and TMC's expenditures and covered liabilities in 
        trying to bring the Contracts into commercial production. As 
        such compensation, the Secretary shall provide to TMC surface 
        and mineral interests and additional value in accordance with 
        subsection (d) having a total value equal to the amount 
        described in paragraph (3). All such expenditures must have 
        been incurred by TMC in good faith in connection with its 
        efforts to bring the Contracts into commercial production: 
        Provided, however, that compensation for covered liabilities 
        may be paid to TMC under this section for up to 15 years 
        following the effective date of this Act.
            (2) Increase in adjusted basis of contract upon 
        cancellation.--For purposes of the Internal Revenue Code of 
        1986, the adjusted basis of any contract to which section 4(a) 
        applies shall be increased (immediately before the cancellation 
        of such contract under such section) by the excess (if any) 
        of--
                    (A) the fair market value of such contract 
                (determined immediately before such cancellation), over
                    (B) the adjusted basis of such contract (as 
                determined immediately before the application of this 
                section).
            (3) Value described.--The compensation provided for in 
        paragraph (1) is equal to the sum of the following:
                    (A) All amounts paid to the United States by TMC 
                with respect to the Contracts as bonus bids or other 
                prepayments.
                    (B) Interest on amounts referred to in subparagraph 
                (A), from the date of payment of such amounts to the 
                United States, at a rate determined by the Secretary.
                    (C) Amounts expended by TMC in securing the 
                contracts and trying to bring them into production, 
                including--
                            (i) all actual costs, including fees, 
                        associated with the engineering and 
                        environmental studies, and permitting 
                        proceedings, that were incurred in good faith 
                        in TMC's efforts to exercise the rights granted 
                        under the Contract terms; and
                            (ii) all actual legal costs, including fees 
                        and covered liabilities, incurred in good faith 
                        in TMC's efforts to exercise the rights granted 
                        in the Contracts, including all fees and costs 
                        associated with securing permits and 
                        entitlements, litigation to compel, secure, or 
                        defend permits or entitlements, and litigation 
                        in connection with disputes relating to mineral 
                        and surface estate rights to the property that 
                        is the subject of the Contracts.
                    (D) The fair market value of the Contracts.
            (4) Determination of fair market value.--The Secretary 
        shall, within six months after the date of enactment of this 
        Act, determine by mineral appraisal the fair market value of 
        the contracts at the time of such determination for purposes of 
        paragraph (3)(D), determine by mineral appraisal or other 
        generally accepted applicable appraisal techniques the fair 
        market value of the surface and mineral estate identified in 
        the map referred to in subsection (d), and notify TMC of those 
        determinations. In determining the fair market value of the 
        Contracts, the Secretary shall assume that--
                    (A) TMC has obtained all permits and entitlements 
                necessary to mine, produce, process, and sell sand and 
                gravel from the Contracts;
                    (B) mining operations under the Contracts have 
                commenced at the time of the determination, with 
                maximum annual production volumes that--
                            (i) are based on the projected supply and 
                        demand outlook at the time of determination; 
                        and
                            (ii) reflect depletion of the reserves of 
                        the Contracts within the effective periods of 
                        the Contract;
                    (C) the fair market value of the Contracts includes 
                the present value of expected future net cash flows to 
                be derived from the mining, producing, processing, and 
                sale of the sand and gravel contained in the Contracts 
                over the minimum time necessary to mine, produce, 
                process, and sell such sand and gravel, taking into 
                consideration--
                            (i) the material deposit contained in the 
                        contract sites and its quality, volume, 
                        minability, and reclamation requirements;
                            (ii) the proximity of the contract sites to 
                        markets;
                            (iii) the type of market that could be 
                        served from the contract sites, including 
                        future supply, demand, and probable price 
                        increases based upon construction material data 
                        developed by the State of California;
                            (iv) the cost of mining, producing, 
                        processing, and selling the material reserved 
                        in the contract sites;
                            (v) the types and costs of transportation 
                        for such production from the contract sites to 
                        markets;
                            (vi) royalties, taxes, and fees to mine and 
                        sell the production from the contract sites;
                            (vii) similar market sales of materials the 
                        area or region of the contract sites; and
                            (viii) the net present values of expected 
                        future cash flows from proposed mining 
                        operations of the Contract sites taking into 
                        consideration, at a minimum, the matters 
                        referred to in clauses (i) through (viii).
    (c) Submission of Expenses Incurred.--
            (1) In general.--To assist in the verification of the 
        amounts expended referred to in subsection (b)(3)(C), TMC shall 
        submit to the Secretary within 60 days after the date of 
        enactment of this Act an itemized list of such amounts, with 
        enough detail and supporting documentation so the Secretary can 
        determine that the expenses are associated with the Contracts.
            (2) Arbitration.--The Secretary shall issue the 
        determination of the amounts expended referred to in subsection 
        (b)(3)(C) within 60 days after receipt of the itemized list 
        required under paragraph (1). If the Secretary disapproves such 
        list, the Secretary shall, upon request of TMC, determine the 
        economic value invested for purposes of subsection (b)(3) 
        through arbitration in accordance with subchapter IV of chapter 
        5 of title 5, United States Code.
    (d) Return of Value Opportunities for TMC.--
            (1) In general.--Within six months after the completion of 
        the requirements of subsections (b) and (c), the Secretary 
        shall provide to TMC the following:
                    (A) Surface and mineral estate interests and 
                additional value under subsection (b)(1) using the 
                surface and mineral estate as described and delineated 
                as Area A on the map entitled ``Cemex USA and City of 
                Victorville, California Land Disposal and Acquisition 
                Agreement'' and on file with the Secretary, consisting 
                of approximately 5,000 acres.
                    (B) If the fair market value of the surface and 
                mineral estate used under subparagraph (A) is less than 
                the sum described in subsection (b)(3), additional 
                mineral or surface estate under subsection (b)(1) using 
                the surface and mineral estate as described and 
                delineated as Area B on the map entitled ``Cemex USA 
                and City of Victorville, California Land Disposal and 
                Acquisition Agreement'' and on file with the Secretary, 
                consisting of approximately 3,000 acres as is necessary 
                so that the sum of the values provided under 
                subparagraph (A) and this subparagraph does not exceed 
                the sum described in subsection (b)(3).
                    (C) If the sum of the fair market values of the 
                surface and mineral estates and additional value 
                provided under subparagraphs (A) and (B) is less that 
                the sum described in subsection (b)(3), additional 
                value as is necessary so that the sum of the values 
                provided under subparagraphs (A) and (B) and this 
                subparagraph does not exceed the sum described in 
                subsection (b)(3), in the form of one or more of the 
                following that are mutually agreed to by the Secretary 
                and TMC:
                            (i) Credits that may be applied against 
                        future royalties, bonus bids, or rental fees 
                        for Federal lands administered by the Secretary 
                        and located within the State of California, 
                        including leases for all submerged lands of the 
                        outer Continental Shelf.
                            (ii) Interest in the mineral estate in 
                        Federal lands in the State of California that 
                        are available for sale under the Mineral 
                        Leasing Act (30 U.S.C. 181 et seq.) or other 
                        law administered by the Secretary.
                            (iii) Interests in the surface estate in 
                        Federal lands in the State of California that 
                        are under the administrative jurisdiction of 
                        the Secretary and that are available for 
                        disposal.
    (e) Treatment of Credits.--
            (1) Term.--Credits provided under subsection (d) shall 
        expire at the end of the 10-year period beginning on the date 
        the credits are issued by the Secretary.
            (2) Assignment.--TMC may assign credits provided to TMC 
        under subsection (d) to any person who satisfies the same 
        requirements to hold the Contracts as those that applied to TMC 
        under the Materials Act of 1947.
    (f) Referral to Court of Claims.--
            (1) Referral.--If within 12 months after the date of 
        enactment of this Act, the Secretary and TMC do not reach 
        agreement under subsections (b), (c), and (d) regarding the 
        financial and mineral production opportunities to be provided 
        by the Secretary to TMC under subsection (b)(1), or, if within 
        3 months after TMC receives notice in accordance with 
        subsection (b)(4) of the fair market value determined by the 
        Secretary of the surface and mineral estate identified in the 
        maps referred to in subsection (d) TMC or the city of 
        Victorville, California, notifies the Secretary that it 
        disagrees with the Secretary's determination, the Secretary 
        shall refer the issues upon which TMC, or the city of 
        Victorville, California, and the Secretary are not in agreement 
        with respect to such an agreement or fair market value to the 
        United States Court of Federal Claims for resolution
            (2) Resolution by court.--In any referral under this 
        subsection, the court shall--
                    (A) determine de novo the values described in 
                subsection (b) and (d), including the fair market 
                values of the surface and mineral estates as described 
                and delineated on the maps referred to in subsection 
                (d)(1); and
                    (B) determine and order the Secretary to provide 
                financial and mineral production opportunities 
                consistent with subparagraph (A), for purposes of 
                subsections (b)(1) and (d).

SEC. 5. LIMITATIONS ON FUTURE LEASING FOR LAND OR MINERAL ESTATE IN THE 
              VICTOR VALLEY AREA OF CALIFORNIA.

    Notwithstanding anything in this Act to the contrary, prior to any 
lease, transfer, or other disposition of land or any mineral or surface 
estate for any area that is located in the city of Victorville, 
California, the city of Victorville's sphere of influence, or the city 
of Victorville's proposed sphere of influence, all as delineated on the 
map entitled ``Cemex USA and City of Victorville, California Land 
Disposal and Acquisition Agreement'' and on file with the Secretary, 
the Secretary shall--
            (1) consult with the city of Victorville, California, and 
        surface owners in that area; and
            (2) prohibit mining in that area.

Answer: Soledad Canyon Mine Act - Instructs the Secretary of the Interior to cancel Bureau of Land Management mineral contracts CA-20139 and CA-22901 and withdraw from further mineral entry the areas subject to them, which are located in Soledad Canyon adjacent to Santa Clarita, California.

Requires Transit Mixed Concrete Corporation to receive, as compensation for cancellation of the contracts, their fair market value and its expenditures and covered liabilities in trying to bring the contracts into commercial production.

Increases the adjusted basis of the contracts upon cancellation for federal tax purposes.

Directs the Secretary, before any disposition of land, mineral or surface estate for any area located in the city of Victorville, California, to: (1) consult with the city and surface owners; and (2) prohibit mining in such area.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Generational Residences and 
Nurturing Dwellings Act'' or the ``GRAND Act''.

SEC. 2. HOUSING FOR ELDERLY CAREGIVERS.

    (a) Establishment.--There is established in the Department of 
Housing and Urban Development a program to provide assistance to 
eligible nonprofit organizations to expand the supply of specialized 
housing for qualified relatives raising a child.
    (b) Application.--To receive assistance under the program under 
this section, an eligible nonprofit organization shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require, which in the 
case of an application for assistance to be provided as described in 
subsection (e)(2) shall include such provisions ensuring coordination 
with a public housing agency that will administer such assistance as 
the Secretary shall require.
    (c) Need-Based; Competition.--Assistance provided under the program 
under this section shall be need-based and made available on a 
competitive basis.
    (d) Limit on Organizations Selected.--For each fiscal year, the 
Secretary may select not more than 5 eligible organizations to receive 
assistance under the program under this section.
    (e) Forms of Assistance.--Under the program under this section, 
assistance shall be made available in the following forms:
            (1) New housing.--Financing for the construction, 
        reconstruction, moderate or substantial rehabilitation, or 
        acquisition of a structure or a portion of a structure to be 
        used as specialized housing in accordance with the program.
            (2) Rental voucher assistance.--To provide tenant-based 
        rental assistance under section 8(o) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437f(o)) for use only by 
        qualified relatives who are raising a child and are eligible 
        for such assistance for rental of a dwelling unit that 
        qualifies as specialized housing.
            (3) Elderly housing project rental assistance.--To provide 
        project rental assistance under section 202(b)(2) of the 
        Housing Act of 1959 (12 U.S.C. 1701q(b)(2)) in connection with 
        dwelling units that qualify as specialized housing and are made 
        available for occupancy only by qualified relatives who are 
        raising a child and are eligible for occupancy in such housing; 
        and notwithstanding any other provision of law, any qualified 
        relative who is raising a child who is otherwise eligible for 
        occupancy in such housing may not be excluded from such 
        occupancy because the household includes such child.
            (4) Operational expenses and supportive services.--
        Assistance for ongoing operational expenses of any specialized 
        housing, including costs of supportive services required for 
        such housing.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Child.--The term ``child'' means an individual who--
                    (A) is not attending school and is not more than 18 
                years of age; or
                    (B) is attending school and is not more than 19 
                years of age.
            (2) Elderly person.--The term ``elderly person'' means a 
        person who is 60 years of age or more.
            (3) Eligible nonprofit organization.--
                    (A) In general.--The term ``eligible nonprofit 
                organization'' means an organization that--
                            (i) provides specialized housing and social 
                        services for qualified relatives who are 
                        raising a child; and
                            (ii) is described in section 501(c)(3) of 
                        the Internal Revenue Code of 1986 and is exempt 
                        from tax under section 501(a) of such Code.
                    (B) Political divisions included.--Such term 
                includes organizations that provide such services in 
                each of the several States, the District of Columbia, 
                and any commonwealth, territory, or possession of the 
                United States.
            (4) Qualified relative.--
                    (A) In general.--The term ``qualified relative'' 
                means, with respect to a child, an individual who is--
                            (i) an elderly person;
                            (ii) is not a parent of the child by blood 
                        or marriage; and
                            (iii) is a relative of the child by blood 
                        or marriage.
                    (B) Adopted children.--In the case of a child who 
                was adopted, the term includes an individual who, by 
                blood or marriage, is a relative of the family who 
                adopted the child.
            (5) Raising a child.--The term ``raising a child'' means, 
        with respect to an individual, that the individual--
                    (A) resides with the child; and
                    (B) is the primary caregiver (or is, together with 
                a spouse or other household member, a primary 
                caregiver) for the child--
                            (i) because the biological or adoptive 
                        parents of the child do not reside with the 
                        child or are unable or unwilling to serve as 
                        the primary caregiver for the child; and
                            (ii) regardless of whether the individual 
                        has a legal relationship to the child (such as 
                        guardianship or legal custody) or is caring for 
                        the child informally and has no such legal 
                        relationship with the child.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (7) Specialized housing.--The term ``specialized housing'' 
        means housing that--
                    (A) is affordable (as the Secretary shall define 
                for purposes of this Act) for low-income families (as 
                such term is defined in section 3(b) of the United 
                States Housing Act of 1937 (42 U.S.C. 1437a(b));
                    (B) is restricted to occupancy only by low-income 
                families;
                    (C) is designed to meet the special physical needs 
                of elderly persons;
                    (D) accommodates the provision of supportive 
                services that are expected to be needed, either 
                initially or over the useful life of the housing, by 
                elderly persons and children that the housing is 
                intended to serve; and
                    (E) provides a range of such services that are 
                tailored to the needs of elderly persons and children 
                occupying such housing.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$20,000,000 for each of fiscal years 2014 through 2018.

Answer:
Generational Residences and Nurturing Dwellings Act or GRAND Act - Establishes in the Department of Housing and Urban Development (HUD) a program to provide need-based assistance for each fiscal year, made available on a competitive basis, to up to five eligible nonprofit organizations to expand the supply of specialized housing and social services for qualified elderly relatives, age 60 or older, who are raising a child of which they are not a parent either by blood or marriage. Provides such assistance in the form of:  financing for the construction, reconstruction, moderate or substantial rehabilitation, or acquisition of a structure or a portion of a structure to be used as specialized housing in accordance with the program; tenant-based rental (voucher) assistance under the United States Housing Act of 1937 for use only by qualified relatives who are raising a child and are eligible for such assistance for rental of a dwelling unit that qualifies as specialized housing; elderly housing project rental assistance under the Housing Act of 1959 in connection with dwelling units that qualify as specialized housing and are made available for occupancy only by qualified relatives who are raising a child and are eligible for occupancy in such housing; and  help with ongoing operational expenses of any specialized housing, including costs of supportive services required for such housing.