[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 697 Reported in House (RH)]

                                                  Union Calendar No. 99
113th CONGRESS
  1st Session
                                H. R. 697

                          [Report No. 113-137]

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

                              July 8, 2013

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 14, 2013]


_______________________________________________________________________

                                 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; 
        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.
                                                  Union Calendar No. 99

113th CONGRESS

  1st Session

                               H. R. 697

                          [Report No. 113-137]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              July 8, 2013

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed