[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1492 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1492

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 SENATE OF THE UNITED STATES

                             August 2, 2011

 Mr. Reid (for himself and Mr. Heller) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           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) Federal land.--The term ``Federal land'' means the 
        approximately 948 acres of Bureau of Reclamation and Bureau of 
        Land Management land within the Three Kids Mine Project Site, 
        as depicted on the map.
            (2) Hazardous substance; pollutant or contaminant; release; 
        remedy; response.--The terms ``hazardous substance'', 
        ``pollutant or contaminant'', ``release'', ``remedy'', and 
        ``response'' have the meanings given those terms in section 101 
        of the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (3) Henderson redevelopment agency.--The term ``Henderson 
        Redevelopment Agency'' means the redevelopment agency of the 
        City of Henderson, Nevada, established and authorized to 
        transact business and exercise the powers of the agency in 
        accordance with the Nevada Community Redevelopment Law (Nev. 
        Rev. Stat. 279.382 to 279.685).
            (4) Map.--The term ``map'' means the map entitled ``Three 
        Kids Mine Project Area'' and dated August 2, 2011.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Nevada.
            (7) Three kids mine project site.--The term ``Three Kids 
        Mine Project Site'' means the approximately 1,262 acres of land 
        that is--
                    (A) comprised of--
                            (i) the Federal land; and
                            (ii) the approximately 314 acres of 
                        adjacent non-Federal land; and
                    (B) depicted as the ``Three Kids Mine Project 
                Site'' on the map.

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 section 120 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9620), and any other 
provision of law, as soon as practicable after the conditions described 
in subsection (b) have been met, 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 and to the Federal 
land.
    (b) Conditions.--
            (1) Appraisal; fair market value.--
                    (A) In general.--As consideration for the 
                conveyance under subsection (a), the Henderson 
                Redevelopment Agency shall pay the fair market value of 
                the Federal land, if any, as determined under 
                subparagraph (B) and as adjusted under subparagraph 
                (E).
                    (B) Appraisal.--The Secretary shall determine the 
                fair market value of the Federal land based on an 
                appraisal--
                            (i) that is conducted in accordance with 
                        nationally recognized appraisal standards, 
                        including--
                                    (I) the Uniform Appraisal Standards 
                                for Federal Land Acquisitions; and
                                    (II) the Uniform Standards of 
                                Professional Appraisal Practice; and
                            (ii) that does not take into account any 
                        existing contamination associated with 
                        historical mining on the Federal land.
                    (C) Remediation and reclamation costs.--
                            (i) In general.--The Secretary shall 
                        prepare a reasonable estimate of the costs to 
                        assess, remediate, and reclaim the Three Kids 
                        Mine Project Site.
                            (ii) Considerations.--The estimate prepared 
                        under clause (i) shall be--
                                    (I) based on the results of a 
                                comprehensive Phase II environmental 
                                site assessment of the Three Kids Mine 
                                Project Site prepared by the Henderson 
                                Redevelopment Agency or a designee that 
                                has been approved by the State; and
                                    (II) prepared in accordance with 
                                the current version of the ASTM 
                                International Standard E-2137-06 
                                entitled ``Standard Guide for 
                                Estimating Monetary Costs and 
                                Liabilities for Environmental 
                                Matters.''
                            (iii) Assessment requirements.--The Phase 
                        II environmental site assessment prepared under 
                        clause (ii)(I) shall, without limiting any 
                        additional requirements that may be required by 
                        the State, be conducted in accordance with the 
                        procedures of--
                                    (I) the most recent version of ASTM 
                                International Standard E-1527-05 
                                entitled ``Standard Practice for 
                                Environmental Site Assessments: Phase I 
                                Environmental Site Assessment 
                                Process''; and
                                    (II) ASTM International Standard E-
                                1903-97 entitled ``Standard Guide for 
                                Environmental Site Assessments: Phase 
                                II Environmental Site Assessment 
                                Process'' (2002).
                            (iv) Review of certain information.--
                                    (I) In general.--The Secretary 
                                shall review and consider cost 
                                information proffered by the Henderson 
                                Redevelopment Agency and the State in 
                                the preparation of the estimate under 
                                this subparagraph.
                                    (II) Final determination.--If there 
                                is a disagreement among the Secretary, 
                                Henderson Redevelopment Agency, and the 
                                State over the reasonable estimate of 
                                costs under this subparagraph, the 
                                parties shall jointly select 1 or more 
                                experts to assist the Secretary in 
                                making the final estimate of the costs.
                    (D) Deadline.--Not later than 30 days after the 
                date of enactment of this Act, the Secretary shall 
                begin the appraisal and cost estimates under 
                subparagraphs (B) and (C), respectively.
                    (E) Adjustment.--The Secretary shall 
                administratively adjust the fair market value of the 
                Federal land, as determined under subparagraph (B), 
                based on the estimate of remediation, and reclamation 
                costs, as determined under subparagraph (C).
            (2) Mine remediation and reclamation agreement executed.--
                    (A) In general.--The conveyance under subsection 
                (a) shall be contingent on the Secretary receiving from 
                the State written notification that a mine remediation 
                and reclamation agreement has been executed in 
                accordance with subparagraph (B).
                    (B) Requirements.--The mine remediation and 
                reclamation agreement required under subparagraph (A) 
                shall be an enforceable consent order or agreement 
                administered by the State that--
                            (i) 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
                            (ii) contains provisions determined to be 
                        necessary by the State, including financial 
                        assurance provisions to ensure the completion 
                        of the remedy.
            (3) Notification from agency.--As a condition of the 
        conveyance under subsection (a), the Secretary shall receive 
        from the Henderson Redevelopment Agency written notification 
        that the Henderson Redevelopment Agency is prepared to accept 
        conveyance of the Federal land under that subsection.

SEC. 4. WITHDRAWAL.

    (a) In General.--Subject to valid existing rights, for the 10-year 
period beginning on the earlier of the date of enactment of this Act or 
the date of the conveyance required by this Act, the 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 Federal land for which the Bureau of Reclamation has 
determined that the Bureau of Reclamation has no further need under 
applicable law is relinquished and revoked solely to the extent 
necessary--
            (1) to exclude from the withdrawal the property that is no 
        longer needed; and
            (2) to allow for the immediate conveyance of the 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. 1713), the boundary of the River 
Mountains Area of Critical Environmental Concern (NVN 76884) is 
adjusted to exclude any portion of the Three Kids Mine Project Site 
consistent with the map.

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.
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