,i #aafth ,,congress #ast ,session ,h4 ,r4 #ahac ,,in ,,the ,,house ,,of ,,representatives ,march #ah1 #bjai,mr4 ,amodei introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to facilitate resolution of environmental remediation and reclamation1 resolve potential liability of the ,united ,states1 and promote economic development in ,lyon ,county1 ,nevada1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,lyon ,county ,economic ,development and ,environmental ,remediation ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,findings4 ,sec4 #d4 ,conveyance of land2 resolution of ,federal liability4 ,sec4 #e4 ,general provisions relating to the conveyance4 #b4 ,definitions ,in this ,act3 7#a7 ,atlantic ,richfield ,the term ,atlantic ,richfield means the ,atlantic ,richfield ,company1 a ,delaware corporation1 or its successors or assigns4 7#b7 ,,blm ,the term ,,blm means the ,bureau of ,land ,management4 7#c7 ,,cercla ,the term ,,cercla means the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7#d7 ,county ,the term ,county means ,lyon ,county1 ,nevada4 7#e7 ,federal selected lands ,the term ,federal selected lands means the approximately #b1jfb acres of land managed by the ,,blm1 located in five distinct parcels in ,lyon ,county1 ,nevada1 and generally depicted on the map entitled ,anaconda ,copper ,mine ,site--,federal ,parcels ,proposed to be ,acquired and dated ,september #g1 #bjag4 7#f7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#g7 ,map ,the term ,map means the map entitled ,anaconda ,copper ,mine ,site--,federal ,parcels ,proposed to be ,acquired and dated ,september #g1 #bjag4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#i7 ,site ,the term ,site means the ,anaconda ,copper ,mine ,site located in ,lyon ,county1 ,nevada4 7#aj7 ,state ,the term ,state means the ,state of ,nevada4 #c4 ,findings ,congress finds that-- 7#a7 ,atlantic ,richfield is performing environmental response actions under ,,cercla at the ,site with the ,state's ,division of ,environmental ,protection in the lead oversight role2 7#b7 to comprehensively and efficiently facilitate the environmental remediation and reclamation at the ,site1 ,atlantic ,richfield requires access to land that is owned by the ,federal ,government2 7#c7 more than half of the acreage located within the ,site's boundaries is owned by the ,federal ,government and managed by the ,,blm1 and1 therefore1 attempting to implement a ,,cercla remedy on ,,blm-managed lands requires extensive coordination and can involve substantial delays and increased costs2 7#d7 because the historic releases and elements of the remedy do not follow existing property boundaries1 reducing any inconsistent treatment based on land ownership will benefit cost management1 efficiency of operations and maintenance1 and long-term protectiveness2 7#e7 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 costs2 7#f7 at the time of conveyance1 the ,federal selected lands will be unburdened by mining claims2 7#g7 the conveyance of the ,federal selected lands will promote economic development within the ,county by consolidating private land for future mining activities2 7#h7 the ,,blm has routinely conveyed lands to potentially responsible parties to facilitate remedial actions2 7#i7 a legislated land conveyance is necessary to meet the remediation goals of the ,site1 promote economic development in the ,county1 and for ,,blm and the ,united ,states to receive a covenant not to sue and indemnity for certain potential liabilities relating to the ,site2 7#aj7 the ,federal selected lands contain contamination and hazardous waste1 and therefore the fair market value of such lands is minimal2 7#aa7 the ,united ,states potential ,,cercla liability at the ,site is substantially greater than the fair market value of the ,federal selected lands2 and 7#ab7 the ,,blm and ,atlantic ,richfield have concluded that conveyance of the ,federal selected lands to ,atlantic ,richfield in exchange for resolution of certain ,united ,states liabilities is reasonable1 logical1 advisable1 and in the public interest4 #d4 ,conveyance of land2 resolution of ,federal liability 7a7 ,federal selected lands ,notwithstanding section #abj7;h7 of ,,cercla 7#db ,u4,s4,c4 #ifbj7;h771 not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall convey all right1 title1 and interest 7including mineral rights7 of the ,united ,states in and to the ,federal selected lands to ,atlantic ,richfield4 7b7 ,covenant not ,to sue and indemnity ,upon conveyance of the ,federal selected lands under subsection 7a71 and for full and complete compensation for those lands1 ,atlantic ,richfield shall-- 7#a7 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 ,site2 and 7#b7 indemnify the ,united ,states against future liabilities that result from ,atlantic ,richfield's activities on the ,federal selected lands after the conveyance4 7c7 ,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 ,act4 #e4 ,general provisions relating to the conveyance 7a7 ,in general ,the conveyance authorized by this ,act shall be subject to the following terms and conditions3 7#a7 ,existing encumbrances ,in the ,united ,states patent to be issued pursuant to this ,act1 the ,secretary shall describe any existing known encumbrances in the patent4 ,the terms of such encumbrances shall be prescribed by the ,secretary not later than #cj days after the date of the enactment of this ,act4 7#b7 ,right of rescission ,this ,act shall not be binding on either the ,united ,states or ,atlantic ,richfield if1 not later than #de days after the date of the enactment of this ,act1 ,atlantic ,richfield submits to the ,secretary a duly authorized and executed resolution of the ,company stating its intention not to enter into the conveyance authorized by this ,act4 7b7 ,withdrawal ,subject to valid existing rights1 effective on the date of the enactment of this ,act1 the ,federal selected lands are hereby withdrawn from all forms of appropriation under the public land laws 7including the mining laws7 and from disposition under all laws pertaining to mineral leasing4 7c7 ,patent ,the conveyance of the ,federal selected lands under this ,act shall be by ,united ,states patent acceptable to the ,secretary and in conformity with applicable title standards of the ,attorney ,general4 7d7 ,tribal rights ,not later than #cj days after the date of enactment of this ,act1 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 conveyance4 ,such consultation shall conclude within #ij days of its initiation4 ,after the consultation under this subsection1 the ,secretary shall consult with ,atlantic ,richfield and seek to find mutually acceptable measures to address any identified concerns of the affected ,indian ,tribe4 7e7 ,tribal rights unaffected ,nothing in this ,act alters or diminishes the treaty rights of any ,indian ,tribe4 7f7 ,state law unaffected ,nothing in this ,act modifies1 expands1 diminishes1 amends1 or otherwise affects any ,state law relating to the imposition1 application1 timing1 or collection of a ,state tax4 7g7 ,compliance with applicable laws ,the land transfer directed by this ,act1 and all determinations1 authorizations1 and actions taken by the ,secretary pursuant to this ,act1 are deemed to be non-discretionary actions authorized and directed by ,congress1 and to comply with all applicable procedural and other requirements of the laws of the ,united ,states4 7h7 ,use of ,federal selected lands ,notwithstanding the former ownership of the ,federal selected lands by the ,united ,states1 such land shall be treated as non-,federal land after the conveyance of such lands to ,atlantic ,richfield4 7i7 ,environmental compliance ,after the conveyance1 ,atlantic ,richfield shall perform all response actions determined by the ,state ,division of ,environmental ,protection to be necessary to protect human health and the environment with respect to any hazardous substance stored1 released1 or disposed of on the ,federal selected lands4 ,response actions on the ,federal selected lands shall be conducted in accordance with applicable ,federal1 ,state1 and local laws pertaining to response1 mining1 and related activities on land in private ownership4 7j7 ,availability of map ,the ,map shall be on file and available for public inspection in the appropriate offices of the ,,blm4