,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bich  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ah1 
#bjad,mrs4 ,boxer 7for herself and ,mrs4
 ,feinstein7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,energy and        
,natural ,resources  ,a ,,bill  ,to     
provide to the ,secretary of the        
,interior a mechanism to cancel         
contracts for the sale of materials     
,,ca-#bjaci and ,,ca-#bbija1 and for    
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,soledad       
,canyon ,settlement ,act4  #b4          
,definitions ,in this ,act3 7#a7 ,city  
of ,santa ,clarita ,the term ,city of   
,santa ,clarita means the ,city of      
,santa ,clarita1 ,california4  7#b7     
,city of ,victorville ,the term ,city of
 ,victorville means the ,city of        
,victorville1 ,california4  7#c7        
,contracts ,the term contracts means the
 ,bureau of ,land ,management mineral   
contracts numbered ,,ca-#bjaci and      

,,ca-#bbija4  7#d7 ,contract holder ,the
 term contract holder means the private 
party to the contracts1 and any         
successors that hold legal interests in 
the contracts4  7#e7 ,county of ,san    
,bernardino ,the term ,county of ,san   
,bernardino means the ,county of ,san   
,bernardino1 ,california4  7#f7 ,map    
,the term ,map means the map entitled   
,victorville disposal area1 ,california 
and dated ,march #bjaa4  7#g7 ,secretary
 ,the term ,secretary means the         
,secretary of the ,interior4  7#h7      
,victorville disposal area ,the term    
,victorville disposal area means the    
#aj1bjf4je acres of land identified for 
disposal in the ,west ,mojave ,land     
,management ,plan 7#bjjf7 of the ,bureau
 of ,land ,management and depicted on   
the ,map4  #c4 ,appraisal2 compensation 
to contract holder  7a7 ,appraisals     
7#a7 ,contract appraisal  7,a7 ,in      
general ,not later than #ij days after  
the date of enactment of this ,act1 the 
,secretary shall determine by mineral   

appraisal1 using the discounted cash    
flow method of appraisal 7in accordance 
with the appraisal guidelines for       
appraisals of large quantities of       
mineral materials contained in section  
,,iv7,e7 of ,,blm ,mineral ,material    
,appraisal ,handbook ,h-#cfcj7-- 7i7 the
 fair market value of the contracts2 and
  7ii7 the amount of royalties the      
,federal ,government would receive under
 the contracts over the #aj-year period 
beginning on the date of enactment of   
this ,act4  7,b7 ,considerations ,in    
making the determination under          
subparagraph 7,a71 the ,secretary shall 
assume that-- 7i7 the contract holder   
has obtained all the permits and        
entitlements necessary to mine1 produce1
 and sell sand and gravel under the     
contract2 and  7ii7 mining operations   
under the contract have commenced at the
 time of the determination1 with maximum
 annual production volumes that-- 7,i7  
are based on the projected supply and   
demand outlook at the time of           

determination2 and  7,,ii7 reflect      
depletion of the reserves that are      
subject to the contract within the      
effective periods of the contract4  7,c7
 ,donation ,the ,secretary shall provide
 to the contract holder and the ,city of
 ,santa ,clarita a list of approved     
appraisers from which the parties shall 
select and provide the funding to cover 
the costs of the appraisal under        
subparagraph 7,a74  7#b7 ,land appraisal
  7,a7 ,in general ,not later than #ij  
days after the date of enactment of this
 ,act1 the ,secretary shall determine by
 appraisal standards under existing laws
 and regulations1 the fair market value 
of the ,victorville disposal area on a  
net present value basis4  7,b7 ,donation
 ,the ,secretary shall provide to the   
contract holder and the ,city of ,santa 
,clarita a list of approved appraisers  
from which the parties shall select and 
provide the funding to cover the costs  
of the appraisal under subparagraph     
7,a74  7b7 ,compensation  7#a7 ,in      

general ,subject to paragraph 7#b71 not 
later than #cj days after completion of 
the appraisals under subsection 7a71 the
 ,secretary shall offer the contract    
holder compensation for the cancellation
 of the contracts4  7#b7 ,conditions on 
offer ,an offer made by the ,secretary  
under paragraph 7#a7 shall be subject to
 the following conditions3 7,a7 ,the    
cancellation of the contracts and the   
provision of compensation shall be      
contingent on the availability of funds 
from the sale of the ,victorville       
disposal area under section #d1 and any 
additional compensation provided under  
subparagraph 7,d71 as determined        
necessary by the ,secretary4  7,b7 ,the 
amount of compensation offered by the   
,secretary under this subsection shall  
be equal to or less than the fair market
 value of the contracts1 as determined  
under subsection 7a77#a77;,a77i74  7,c7 
,the amount of compensation offered by  
the ,secretary under this subsection    
shall be equal to or less than the      

projected revenues generated by the sale
 of the ,victorville disposal area under
 section #d1 less the projected lost    
royalties to the ,federal ,government   
over the #aj-year period beginning on   
the date of enactment of this ,act1 as  
determined under subsection             
7a77#a77;,a77ii74  7,d7 ,if the amount  
of projected revenues described in      
subparagraph 7,c7 is less than the fair 
market value determined under subsection
 7a77#a77;,a77i71 the ,secretary shall1 
not later than #fj days after the date  
on which the ,director of the ,bureau of
 ,land ,management determines the       
projected revenues under subparagraph   
7,c71 negotiate an agreement with the   
contract holder and the ,city of ,santa 
,clarita to provide to the ,secretary   
amounts equal to the difference1 in the 
form of-- 7i7 compensation to be        
received by the contract holder2 and    
7ii7 compensation in a form acceptable  
to the ,secretary to be provided by the 
,city of ,santa ,clarita4  7#c7         

,acceptance of offer  7,a7 ,in general  
,the contract holder shall have #fj days
 from the later of the date on which the
 ,secretary makes the offer under       
paragraph 7#a7 or an agreement is       
negotiated under paragraph 7#b77;,d7 to 
accept the offer or agreement4  7,b7    
,failure to accept offer ,if the        
contract holder does not accept the     
offer under paragraph 7#a7 or if an     
agreement is not negotiated under       
paragraph 7#b77;,d7 within the time     
period described in subparagraph 7,a71  
the contracts shall remain in effect and
 no further actions shall taken be taken
 pursuant to this ,act4  #d4 ,sale of   
land near ,victorville1 ,california  7a7
 ,in general ,notwithstanding sections  
#bjb and #bjc of the ,federal ,land     
,policy and ,management ,act of #aigf   
7#dc ,u4,s4,c4 #agab1 #agac7 and subject
 to subsections 7b7 through 7f71 not    
later than #b years after the date of   
enactment of this ,act1 the ,secretary  
shall place on the market and offer for 

sale by competitive bidding and in a    
manner designed to obtain the highest   
price possible1 all right1 title1 and   
interest of the ,united ,states in and  
to the ,victorville disposal area4  7b7 
,availability of ,map ,the ,secretary   
shall keep the ,map on file and         
available for public inspection in--    
7#a7 the office of the ,director of the 
,bureau of ,land ,management2 and  7#b7 
the district office of the ,bureau of   
,land ,management located in ,barstow1  
,california4  7c7 ,right of ,local ,land
 ,use ,authority ,to ,purchase ,certain 
,land  7#a7 ,in general ,before a sale  
of land under subsection 7a71 the       
,secretary shall provide to the         
applicable local land use authority an  
exclusive preemptive right1 as          
determined under ,state law1 to purchase
 any right1 title1 or interest of the   
,united ,states in and to any portion of
 the parcels of land identified as ,area
 ,a and ,area ,b on the ,map that is    
located within the jurisdiction of the  

local land use authority4  7#b7 ,timing 
,a preemptive right under paragraph 7#a7
 shall be in effect for a period of #cj 
days before the land is sold under      
subsection 7a74  7#c7 ,authority ,during
 the period described in paragraph 7#b71
 the local land use authority may       
purchase some or all of the right1      
title1 and interest of the ,united      
,states1 as provided in subsection 7a71 
in and to the land to be offered for    
sale at fair market value1 as determined
 by an appraisal conducted by the       
,secretary4  7#d7 ,exercising right ,if 
the local land use authority exercises  
the preemptive right under paragraph    
7#a71 the ,secretary shall convey the   
land to the local land use authority    
immediately on payment by the local land
 use authority of the entire purchase   
price of the applicable parcel of land4 
7#e7 ,failure to pay ,failure by the    
local land use authority to purchase and
 pay for the right1 title1 and interest 
of the ,united ,states in and to the    

land described in paragraph 7#a7 within 
the time period described in paragraph  
7#b7 and to comply with any other terms 
and conditions as the ,secretary may    
require shall terminate the preemptive  
right of the local land use authority   
with respect to the right1 title1 and   
interest offered for sale4  7d7         
,withdrawal and ,reservation  7#a7      
,withdrawal ,subject to valid existing  
rights1 the land described in subsection
 7a7 is withdrawn from-- 7,a7 entry1    
appropriation1 or disposal under the    
public land laws2  7,b7 location1 entry1
 and patent under the mining laws2 and  
7,c7 operation of the mineral leasing1  
mineral materials1 and geothermal       
leasing laws4  7#b7 ,reservation ,in any
 sale or other disposal of land under   
this section1 there shall be reserved by
 the ,united ,states the right of the   
,united ,states to prospect for1 mine1  
and remove minerals from the conveyed   
land4  7e7 ,consultation ,in addition to
 any consultation otherwise required by 

law1 before initiating efforts to       
dispose of land under this section1 the 
,secretary shall consult with the ,city 
of ,victorville1 the ,county of ,san    
,bernardino1 and surface owners in the  
jurisdiction in which the land is       
located regarding the potential impact  
of the disposal and other appropriate   
aspects of the disposal4  7f7 ,account  
,the gross proceeds of a sale of land   
under subsection 7a7 shall be deposited 
in an account acceptable to the         
,secretary and available only for the   
purposes of carrying out this ,act4  #e4
 ,cancellation of contracts  7a7 ,in    
general ,on completion of the           
compensation to the contract holder for 
the value of each contract in accordance
 with subsection 7b71 the ,secretary    
shall cancel the contracts and withdraw 
those areas that were subject to the    
contracts from further mineral entry    
under all mineral leasing and sales     
authorities available to the ,secretary4
  7b7 ,compensation2 cancellation2      

retention of funds  7#a7 ,in general    
,subject to paragraph 7#c71 the         
,secretary shall provide to the contract
 holder the compensation agreed to under
 section #c7;b7 by disbursement of      
amounts from the account1 in #d equal   
payments1 as funds are available2  7#b7 
,cancellation  7,a7 ,contract           
,,ca-#bjaci ,on completion of the first 
#b payments to the contract holder under
 paragraph 7#a71 the ,secretary shall   
cancel contract ,,ca-#bjaci4  7,b7      
,contract ,,ca-#bbija ,on completion of 
the remaining #b payments to the        
contract holder under paragraph 7#a71   
the ,secretary shall cancel contract    
,,ca-#bbija4  7#c7 ,retention of funds  
,the ,secretary shall retain sufficient 
funds to cover the projected lost       
royalties determined under section      
#c7;a77#a77;,a77ii74  7c7 ,release and  
waiver ,upon acceptance and receipt of  
compensation under subsection 7b71 the  
contract holder shall waive all claims  
against the ,united ,states arising out 

of1 or relating to1 the cancellation of 
the contracts4