[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2512 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2512

To provide for the conveyance of certain Federal land in Clark County, 
Nevada, for the environmental remediation and reclamation of the Three 
            Kids Mine Project Site, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2011

 Mr. Heck (for himself and Ms. Berkley) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the conveyance of certain Federal land in Clark County, 
Nevada, for the environmental remediation and reclamation of the Three 
            Kids Mine Project Site, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Three Kids Mine Remediation and 
Reclamation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Hazardous substance; pollutant or contaminant; release; 
        remedy; response.--The terms ``hazardous substance'', 
        ``pollutant or contaminant'', ``release'', ``remedy'', and 
        ``response'' have the meanings respectively set forth for those 
        terms in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
            (2) Henderson redevelopment agency.--The term ``Henderson 
        Redevelopment Agency'' means the public body, corporate and 
        politic, known as the redevelopment agency of the City of 
        Henderson, Nevada, established and authorized to transact 
        business and exercise its powers in accordance with the Nevada 
        Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 
        279.685, inclusive).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Nevada.
            (5) Three kids mine federal land.--The term ``Three Kids 
        Mine Federal Land'' means the parcel or parcels of Federal land 
        consisting of approximately 948 acres in sections 26, 34, 35, 
        and 36, Township 21 South, Range 63 East, Mount Diablo 
        Meridian, Nevada, as depicted on the map entitled ``Three Kids 
        Mine Project Site Map'' and dated ______ 2011.
            (6) Three kids mine project site.--The term ``Three Kids 
        Mine Project Site'' means the Three Kids Mine Federal Land and 
        the adjacent approximately 314 acres of non-Federal land, 
        together comprising approximately 1,262 acres, as depicted on 
        the map entitled ``Three Kids Mine Project Site Map'' and dated 
        ____ 2011.

SEC. 3. LAND CONVEYANCE.

    (a) In General.--Notwithstanding sections 202 and 203 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713) 
and any other provision of law, as soon as practicable after 
fulfillment of the conditions in subsection (b), and subject to valid 
existing rights, the Secretary shall convey to the Henderson 
Redevelopment Agency all right, title, and interest of the United 
States in the Three Kids Mine Federal Land.
    (b) Conditions.--
            (1) Determination of fair market value.--The Secretary 
        shall administratively adjust the fair market value of the 
        Three Kids Mine Federal Land as determined pursuant to 
        paragraph (2) based on the reasonable approximate assessment, 
        remediation and reclamation costs as determined pursuant to 
        paragraph (3). The Secretary shall begin the appraisal and cost 
        determination under paragraphs (2) and (3), respectively, not 
        later than 30 days after the date of the enactment of this Act.
            (2) Appraisal.--The Secretary shall determine the fair 
        market value of the Three Kids Mine Federal Land based on an 
        appraisal without regard to any existing contamination 
        associated with historical mining on the property and in 
        accordance with nationally recognized appraisal standards 
        including the Uniform Appraisal Standards for Federal Land 
        Acquisitions and the Uniform Standards of Professional 
        Appraisal Practice.
            (3) Remediation and reclamation costs.--The Secretary shall 
        prepare a reasonable approximate estimation of the costs to 
        assess, remediate, and reclaim the Three Kids Mine Project 
        Site. This estimation shall be based upon the results of a 
        comprehensive assessment Phase II environmental site assessment 
        of the Three Kids Mine Project Site prepared by the Henderson 
        Redevelopment Agency or its designee that has been approved by 
        the State, and shall be prepared in accordance with the current 
        version of ASTM International Standard E-2137-06 entitled 
        ``Standard Guide for Estimating Monetary Costs and Liabilities 
        for Environmental Matters''. The Phase II environmental site 
        assessment shall, without limiting any additional requirements 
        that may be required by the State, be conducted in accordance 
        with the procedures of the current versions of ASTM 
        International Standard E-1527-05 entitled ``Standard Practice 
        for Environmental Site Assessments: Phase I Environmental Site 
        Assessment Process'' and ASTM International Standard E-1903-97 
        (2002) entitled ``Standard Guide for Environmental Site 
        Assessments: Phase II Environmental Site Assessment Process''. 
        The Secretary shall review and consider cost information 
        proffered by the Henderson Redevelopment Agency and the State. 
        In the event of a disagreement among the Secretary, Henderson 
        Redevelopment Agency, and the State over the reasonable 
        approximate estimate of costs, the parties shall jointly select 
        one or more experts to assist the Secretary in making the final 
        determination of such costs.
            (4) Consideration.--The Henderson Redevelopment Agency 
        shall pay the fair market value, if any, as determined under 
        this subsection.
            (5) Mine remediation and reclamation agreement executed.--
        The Secretary receives from the State notification, in writing, 
        that the Mine Remediation and Reclamation Agreement has been 
        executed. The Mine Remediation and Reclamation Agreement shall 
        be an enforceable consent order or agreement administered by 
        the State that--
                    (A) obligates a party to perform the remediation 
                and reclamation work at the Three Kids Mine Project 
                Site necessary to complete a permanent and 
                appropriately protective remedy to existing 
                environmental contamination and hazardous conditions; 
                and
                    (B) contains provisions determined to be necessary 
                by the State, including financial assurance provisions 
                to ensure the completion of such remedy.
            (6) Notification.--The Secretary receives from the 
        Henderson Redevelopment Agency notification, in writing, that 
        the Henderson Redevelopment Agency is prepared to accept 
        conveyance of the Three Kids Mine Federal Land under this Act.

SEC. 4. WITHDRAWAL.

    (a) In General.--Subject to valid existing rights, for the 10-year 
period following the date of the enactment of this Act or on the date 
of the conveyance required by this Act, whichever is earlier, the Three 
Kids Mine Federal Land is withdrawn from all forms of--
            (1) entry, appropriation, operation, or disposal under the 
        public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under the mineral leasing, mineral 
        materials, and the geothermal leasing laws.
    (b) Existing Reclamation Withdrawals.--Subject to valid existing 
rights, any withdrawal under the public land laws that includes all or 
any portion of the Three Kids Mine Federal Land for which the Bureau of 
Reclamation has determined that it has no further need under applicable 
law is hereby relinquished and revoked solely to the extent necessary 
to exclude from the withdrawal the no longer needed property and to 
allow for the immediate conveyance of the Three Kids Mine Federal Land 
as required under this Act.

SEC. 5. ACEC BOUNDARY ADJUSTMENT.

    Notwithstanding section 203 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1717), the boundary of the River 
Mountains Area of Critical Environmental Concern (NVN 76884) is hereby 
adjusted consistent with the map entitled ``Three Kids Mine Project 
Site Map'' and dated _____ 2011.

SEC. 6. RELEASE OF THE UNITED STATES.

    Upon making the conveyance under section 3, notwithstanding any 
other provision of law, the United States is released from any and all 
liabilities or claims of any kind or nature arising from the presence, 
release, or threat of release of any hazardous substance, pollutant, 
contaminant, petroleum product (or derivative of a petroleum product of 
any kind), solid waste, mine materials or mining related features 
(including tailings, overburden, waste rock, mill remnants, pits, or 
other hazards resulting from the presence of mining related features) 
at the Three Kids Mine Project Site in existence on or before the date 
of the conveyance.

SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT ACT.

    Southern Nevada Public Land Management Act of 1998 (31 U.S.C. 6901 
note; Public Law 105-263) shall not apply to land conveyed under this 
Act.
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