[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 697 Referred in Senate (RFS)]
113th CONGRESS
1st Session
H. R. 697
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2013
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) 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.
Passed the House of Representatives July 22, 2013.
Attest:
KAREN L. HAAS,
Clerk.