[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 697 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 697
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
February 14, 2013
Mr. Heck of Nevada (for himself, Mr. Amodei, Mr. Horsford, and Ms.
Titus) 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 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),
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.
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