[Congressional Record Volume 157, Number 120 (Tuesday, August 2, 2011)]
[Senate]
[Pages S5262-S5263]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Heller):
  S. 1492. 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; to the Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, I rise today to introduce the Three Kids 
Mine Reclamation Act of 2011. My legislation transfers approximately 
900 acres of federal land to the city of Henderson to facilitate the 
remediation and redevelopment of a dangerous abandoned mine site near 
Lake Mead.
  The Three Kids mine was originally developed during World War I to 
provide manganese needed to harden steel used by the U.S. military. The 
mine and mill continued to support the building of warships and tanks 
through 1961 after which it was mostly abandoned and used occasionally 
as a storage site for federal manganese reserves. The Three Kids site 
was forgotten for decades until the population explosion in southern 
Nevada put the mine right in people's backyards.
  The Three Kids Mine site is littered with hazards that include three 
large mine pits that are hundreds of feet deep, ruins from the mine 
facility, and a sludge pool of mine tailings made up of arsenic, lead, 
and diesel fuel. As a result of how the mine was developed and managed, 
approximately 75 percent of the area is federal land managed by the 
Bureau of Land Management, BLM, and the Bureau of Reclamation, while 
part of the site is privately owned. Unfortunately, because of the 
complicated land ownership pattern and the immense cost of clean-up, 
the Federal Government was never able to initiate the reclamation 
process.
  To turn the Three Kids Mine site into a job-creating opportunity 
while also cleaning up this public health and safety hazard, my 
legislation directs the BLM to convey the Federal portions of the site 
to the Henderson Redevelopment Agency for the fair market value after 
taking into consideration the cost of cleanup for the whole mine site. 
The city of Henderson will then be able to take advantage of Nevada 
redevelopment laws and work with local developers to finance and 
implement a plan to remediate the abandoned toxic mine site. Local 
officials and developers will finally be able to turn this wasteland 
into safe, productive land for the local community. The project will 
take decades from start to finish, but the city and the developers are 
committed to the effort and worked hard to put together a viable plan 
to fix this old problem without costing taxpayers a dime for cleanup.
  Keeping our communities safe, healthy, and livable is critical. 
Removing this physical and environmental hazard from southern Nevada is 
a high priority for the city of Henderson and our delegation. I 
appreciate your help and I look forward to working with the Senate 
Energy Committee to move this legislation forward in the near future.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1492

       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-1903-97entitled 
     ``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

[[Page S5263]]

     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.
                                 ______