[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2512 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 2512


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2012

    Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
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 Area'' and dated February 6, 2012.
            (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 Area'' and dated 
        February 6, 2012.

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) by deducting from the fair market value of the 
        Three Kids Mine Federal Land the reasonable approximate 
        assessment, remediation and reclamation costs for the Three 
        Kids Mine Project Area 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 or other uses 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. The Henderson Redevelopment Agency shall 
        reimburse the Secretary for costs incurred in performing the 
        appraisal.
            (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 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-1903-11 
        entitled ``Standard Practice 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 advise 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, after the 
                conveyance of the Three Kids Mine Federal Land under 
                this Act, 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. 
        Such notification must occur not later than 90 days after 
        execution of the Mine Remediation and Reclamation Agreement 
        referred to in paragraph (5).

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 of public land for reclamation project purposes 
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 land 
no longer needed and to allow for the immediate conveyance of the Three 
Kids Mine Federal Land as required under this Act.
    (c) Existing Reclamation Project and Permitted Facilities.--Without 
limiting the general applicability of section 3(a), nothing in this Act 
shall diminish, hinder, or interfere with the exclusive and perpetual 
use by existing rights holders for the operation, maintenance, and 
improvement of water conveyance infrastructure and facilities, 
including all necessary ingress and egress, situated on the Three Kids 
Mine Federal Land that were constructed or permitted by the Bureau of 
Reclamation prior to the effective date of 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 
Area'' and dated February 6, 2012.

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.

            Passed the House of Representatives June 5, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.