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Miscellaneous Public Land Bills Hearing Committee On S. HRG. 113–85 MISCELLANEOUS PUBLIC LAND BILLS HEARING BEFORE THE SUBCOMMITTEE ON PUBLIC LANDS, FORESTS, AND MINING OF THE COMMITTEE ON ENERGY AND NATURAL RESOURCES UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION ON S. 37 S. 1300 S. 343 S. 1301 S. 364 S. 1309 S. 404 H.R. 507 S. 509 H.R. 862 S. 753 H.R. 876 S. 1169 H.R. 993 JULY 30, 2013 ( Printed for the use of the Committee on Energy and Natural Resources U.S. GOVERNMENT PRINTING OFFICE 82–863 PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 17:44 Feb 04, 2014 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 G:\DOCS\82863.TXT WANDA COMMITTEE ON ENERGY AND NATURAL RESOURCES RON WYDEN, Oregon, Chairman TIM JOHNSON, South Dakota LISA MURKOWSKI, Alaska MARY L. LANDRIEU, Louisiana JOHN BARRASSO, Wyoming MARIA CANTWELL, Washington JAMES E. RISCH, Idaho BERNARD SANDERS, Vermont MIKE LEE, Utah DEBBIE STABENOW, Michigan DEAN HELLER, Nevada MARK UDALL, Colorado JEFF FLAKE, Arizona AL FRANKEN, Minnesota TIM SCOTT, South Carolina JOE MANCHIN, III, West Virginia LAMAR ALEXANDER, Tennessee BRIAN SCHATZ, Hawaii ROB PORTMAN, Ohio MARTIN HEINRICH, New Mexico JOHN HOEVEN, North Dakota TAMMY BALDWIN, Wisconsin JOSHUA SHEINKMAN, Staff Director SAM E. FOWLER, Chief Counsel KAREN K. BILLUPS, Republican Staff Director PATRICK J. MCCORMICK III, Republican Chief Counsel SUBCOMMITTEE ON PUBLIC LANDS, FORESTS, AND MINING JOE MANCHIN, III, West Virginia, Chairman TIM JOHNSON, South Dakota JOHN BARRASSO, Wyoming MARY L. LANDRIEU, Louisiana JAMES E. RISCH, Idaho MARIA CANTWELL, Washington MIKE LEE, Utah MARK UDALL, Colorado DEAN HELLER, Nevada AL FRANKEN, Minnesota JEFF FLAKE, Arizona BRIAN SCHATZ, Hawaii TIM SCOTT, South Carolina MARTIN HEINRICH, New Mexico LAMAR ALEXANDER, Tennessee TAMMY BALDWIN, Wisconsin JOHN HOEVEN, North Dakota RON WYDEN and LISA MURKOWSKI are Ex Officio Members of the Subcommittee (II) VerDate Nov 24 2008 17:44 Feb 04, 2014 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 G:\DOCS\82863.TXT WANDA C O N T E N T S STATEMENTS Page Barrasso, Hon. John, U.S. Senator From Wyoming ............................................. 3 Baucus, Hon. Max, U.S. Senator From Montana .................................................. 7 Cantwell, Hon. Maria, U.S. Senator From Washington ....................................... 6 Farquhar, Ned, Deputy Assistant Secretary, Land and Minerals Management, Department of the Interior .................................................................................. 17 Flake, Hon. Jeff, U.S. Senator From Arizona ....................................................... 6 Hammack, Katherine G., Assistant Secretary of the Army (Installations, En- ergy and Environment) U.S. Army ..................................................................... 12 Heinrich, Hon. Martin, U.S. Senator From New Mexico ..................................... 5 Manchin, Hon. Joe, U.S. Senator From West Virginia ......................................... 1 Natsuhara, Roger M., Acting Assistant Secretary of the Navy (Energy, Instal- lations and Environment) U.S. Navy ................................................................. 15 Reid, Hon. Harry, U.S. Senator From Nevada ...................................................... 2 Risch, Hon. James E., U.S. Senator From Idaho .................................................. 6,11 Tester, Hon. Jon, U.S. Senator From Montana ..................................................... 9 Weldon, Leslie, Deputy Chief, National Forest System, Forest Service, De- partment of Agriculture ....................................................................................... 26 Wyden, Hon. Ron, U.S. Senator From Oregon ...................................................... 2 APPENDIXES APPENDIX I Responses to additional questions .......................................................................... 41 APPENDIX II Additional material submitted for the record ........................................................ 43 (III) VerDate Nov 24 2008 17:44 Feb 04, 2014 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 G:\DOCS\82863.TXT WANDA VerDate Nov 24 2008 17:44 Feb 04, 2014 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 G:\DOCS\82863.TXT WANDA MISCELLANEOUS PUBLIC LANDS BILLS TUESDAY, JULY 30, 2013 U.S. SENATE, SUBCOMMITTEE ON PUBLIC LANDS, FORESTS, AND MINING, COMMITTEE ON ENERGY AND NATURAL RESOURCES, Washington, DC. The subcommittee met, pursuant to notice, at 10:40 a.m. in room SD–366, Dirksen Senate Office Building, Hon. Joe Manchin pre- siding. OPENING STATEMENT OF HON. JOE MANCHIN, U.S. SENATOR FROM WEST VIRGINIA Senator MANCHIN. The Subcommittee on Public Lands and For- ests and Mining will come to order. This afternoon, the sub- committee will consider 13 bills, including several bills that were considered in previous years. We also have 3 bills on the agenda which would extend public land withdrawals for military installations in Montana, New Mex- ico, and California. The current authorizations for these areas ex- pire in the near future, so I hope to have these bills ready for markup at a full committee business meeting as soon as possible. Several bills on today’s agenda are sponsored by members of the committee, and I look forward to working with them to get their bills ready for mark up. In addition, Senator Baucus and Senator Tester have asked to speak in support of their bills relating to Federal land management in Montana. I know both Senators have spent years developing and refining their proposals, and I will work with them to address any remaining issues. In general, I believe the Senators from the affected States know best about how to resolve land management issues in their State, and I think their views should be taken very seriously. I believe many of the bills on today’s agenda are noncontrover- sial. In particular, I want to note my support for H.R. 507, which would allow for the conveyance of 2 small parcels in southern Ari- zona to the Pascua Yaqui Indian Tribe. The chairman has met with me and conveyed the importance of these additions to the reservation. It appears that the tribe has worked closely with the Arizona congressional delegation so that the bill has strong local support. At this time, I’d like to recognize our chairman, Senator Ron Wyden, from Oregon. [The prepared statement of Senator Reid follows:] (1) VerDate Nov 24 2008 17:44 Feb 04, 2014 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 G:\DOCS\82863.TXT WANDA 2 PREPARED STATEMENT OF HON. HARRY REID, U.S. SENATOR FROM NEVADA Thank you Chairman Manchin and Senator Barrasso for the opportunity to ad- dress your subcommittee about this bipartisan proposal to facilitate the remediation and redevelopment of a dangerous abandoned mine site near Lake Mead. This February, I reintroduced the Three Kids Mine Remediation and Reclamation Act of 2013 together with Senator Heller. A companion bill was introduced in the House, where it is backed by all members of the Nevada congressional delegation. Last Monday, the bill passed the House under suspension of the rules. The onset of World War I nearly 100 years ago required the U.S. military to re- place foreign natural resource imports with domestic supplies, including manganese needed for steel production. Therefore, the Three Kids Mine in Henderson, Nevada, began producing manganese in 1917, and continued to support the building of war- ships and tanks through 1961, after which it was mostly abandoned and used occa- sionally as a storage site for federal manganese reserves. The Three Kids site was forgotten for decades, until the population explosion in southern Nevada put the mine right in people’s backyards. Today, the Three Kids Mine site is littered with hazards, including three large mine pits that are hundreds of feet deep, ruins from the mine facility, and a sludge pool of mine tailings made up of arsenic, lead, and diesel fuel. As a result of how the mine was developed and managed, about three-quarters of the site is federal land managed by the Bureau of Land Management (BLM) and the Bureau of Reclamation, while the remaining portion is privately owned. Unfor- tunately, because of the complicated land ownership pattern and the immense cost of cleanup, the federal government was never able to initiate the reclamation proc- ess. To turn the Three Kids Mine site into a job-creating opportunity while also clean- ing up this public health and safety hazard, our legislation directs the BLM to con- vey the 948 acres of federal land on the site to the Henderson Redevelopment Agen- cy at fair market value, after taking into consideration the cost of cleanup for the whole mine site. The City of Henderson will then be able to take advantage of Nevada redevelop- ment laws designed to address blight conditions such as the Three Kids Mine. The land conveyance directed by S. 343 would allow Henderson to work with local devel- opers to finance and implement a plan to remediate the abandoned toxic mine site. The cleanup will be undertaken to meet stringent state and federal standards. Local officials and developers will finally be able to turn this wasteland into safe, produc- tive land for the local community. The project will take decades from start to finish, but the City of Henderson and the developers are committed to the effort, and have worked hard to put together a viable plan
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