[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 697 Enrolled Bill (ENR)]
H.R.697
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
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) 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; remedy.--The
terms ``hazardous substance'', ``pollutant or contaminant'', and
``remedy'' 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 February 6, 2012.
(5) Responsible party.--The term ``Responsible Party'' means
the private sector entity designated by the Henderson Redevelopment
Agency, and approved by the State of Nevada, to complete the
assessment, remediation, reclamation and redevelopment of the Three
Kids Mine Project Site).
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(7) State.--The term ``State'' means the State of Nevada.
(8) 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),
not later than 90 days after the date on which the Secretary determines
that the conditions described in subsection (b) have been met, and
subject to valid existing rights and applicable law, 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 (F).
(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 Responsible Party that has been approved by
the State; and
(II) prepared in accordance with the current
version of the ASTM International Standard E-2137-06
(2011) 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) the most recent version of ASTM International
Standard E-1903-11 entitled ``Standard Guide for
Environmental Site Assessments: Phase II Environmental
Site Assessment Process''.
(iv) Review of certain information.--
(I) In general.--The Secretary shall review and
consider cost information proffered by the Henderson
Redevelopment Agency, the Responsible Party, 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) Appraisal costs.--The Henderson Redevelopment Agency or
the Responsible Party shall reimburse the Secretary for the
costs incurred in performing the appraisal under subparagraph
(B).
(F) 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--
(i) the Secretary receiving from the State written
notification that a mine remediation and reclamation
agreement has been executed in accordance with subparagraph
(B); and
(ii) the Secretary concurring, not later than 30 days
after the date of receipt of the written notification under
clause (i), that the requirements under subparagraph (B)
have been met.
(B) Requirements.--The mine remediation and reclamation
agreement required under subparagraph (A) shall be an
enforceable consent order or agreement between the State and
the Responsible Party who will be obligated to perform under
the consent order or agreement administered by the State that--
(i) obligates the Responsible Party to perform, after
the conveyance of the Federal land under this Act, the
remediation and reclamation work at the Three Kids Mine
Project Site necessary to ensure all remedial actions
necessary to protect human health and the environment with
respect to any hazardous substances, pollutant, or
contaminant will be taken, in accordance with all Federal,
State, and local requirements; and
(ii) contains provisions determined to be necessary by
the State and the Henderson Redevelopment Agency, including
financial assurance provisions to ensure the completion of
the remedy.
(3) Notification from agency.--As a condition of the conveyance
under subsection (a), not later than 90 days after the date of
execution of the mine remediation and reclamation agreement
required under paragraph (2), the Secretary shall accept written
notification from the Henderson Redevelopment Agency that the
Henderson Redevelopment Agency is prepared to accept conveyance of
the Federal land under subsection (a).
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.
(c) Existing Reclamation Project and Permitted Facilities.--Except
as provided in subsection (a), nothing in this Act diminishes, hinders,
or interferes with the exclusive and perpetual use by the existing
rights holders for the operation, maintenance, and improvement of water
conveyance infrastructure and facilities, including all necessary
ingress and egress, situated on the Federal land that were constructed
or permitted by the Bureau of Reclamation before 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. 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. RESPONSIBILITIES OF THE PARTIES.
(a) Responsibility of Parties to Mine Remediation and Reclamation
Agreement.--On completion of the conveyance under section 3, the
responsibility for complying with the mine remediation and reclamation
agreement executed under section 3(b)(2) shall apply to the Responsible
Party and the State of Nevada.
(b) Savings Provision.--If the conveyance under this Act has
occurred, but the terms of the agreement executed under section 3(b)(2)
have not been met, nothing in this Act--
(1) affects the responsibility of the Secretary to take any
additional response action necessary to protect public health and
the environment from a release or the threat of a release of a
hazardous substance, pollutant, or contaminant; or
(2) unless otherwise expressly provided, modifies, limits, or
otherwise affects--
(A) the application of, or obligation to comply with, any
law, including any environmental or public health law; or
(B) the authority of the United States to enforce
compliance with the requirements of any law or the agreement
executed under section 3(b)(2).
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.