On or Under Act

I 116TH CONGRESS 1ST SESSION H. R. 3747 To require the Federal Government to acquire mineral rights, and prohibit disturbance, of the subsurface of federally owned sites listed on the National Priorities List to the extent necessary to protect cleanup rem- edies, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 12, 2019 Mr. NEGUSE introduced the following bill; which was referred to the Com- mittee on Natural Resources, and in addition to the Committees on En- ergy and Commerce, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Federal Government to acquire mineral rights, and prohibit disturbance, of the subsurface of federally owned sites listed on the National Priorities List to the extent necessary to protect cleanup remedies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘On or Under Act’’. 4 VerDate Sep 11 2014 02:41 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3747.IH H3747 kjohnson on DSK79L0C42 with BILLS 2 •HR 3747 IH SEC. 2. PROHIBITION ON DISTURBANCE OF THE SUB- 1 SURFACE OF NPL SITES. 2 (a) ACQUISITION OF MINERAL RIGHTS.—Upon the 3 date of enactment of this Act, the Federal Government 4 shall acquire all the current existing mineral rights, in- 5 cluding lease interests, that exist in the subsurface of fed- 6 erally owned sites listed on the National Priorities List 7 under the Comprehensive Environmental Response, Com- 8 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 9 seq.). 10 (b) PROHIBITION.—Upon acquiring such subsurface 11 mineral rights, unless for the purposes of site clean-up, 12 the Administrator of the Environmental Protection Agen- 13 cy shall prohibit, through restrictive covenant or other ap- 14 propriate mechanism, any drilling, excavation, or other 15 disturbance of the federally owned subsurface beneath a 16 site listed on the National Priorities List under the Com- 17 prehensive Environmental Response, Compensation, and 18 Liability Act of 1980 (42 U.S.C. 9601 et seq.). 19 Æ VerDate Sep 11 2014 02:41 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H3747.IH H3747 kjohnson on DSK79L0C42 with BILLS