[Congressional Record Volume 158, Number 83 (Tuesday, June 5, 2012)]
[House]
[Pages H3434-H3437]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            THREE KIDS MINE REMEDIATION AND RECLAMATION ACT

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 2512) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2512

       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.--

[[Page H3435]]

     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) and any other provision of law, 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Hastings) and the gentleman from Arizona (Mr. Grijalva) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous materials on this bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. I yield myself such time as I may 
consume.
  Mr. Speaker, I want to start this debate by defining clearly what 
H.R. 2512, the Three Kids Mine Remediation and Reclamation Act, does. 
This bill will create jobs, clean up an abandoned mine that is the 
responsibility of the United States Government, and represents a 
tremendous win-win for all the parties involved in this effort.
  The Three Kids Mine is located in Clark County, Nevada, adjacent to 
the City of Henderson. The mine was operated from 1916 until 1961. From 
1942 to 1955, the United States Government, through the Defense Plant 
Corporation, owned 446 acres of the Three Kids Mine Project site. The 
mine site was used to produce federally owned manganese ore for 
national defense purposes and was leased to the U.S. until 2003 to 
stockpile those nodules.
  The total Three Kids Mine Project area is approximately 1,262 acres 
and includes 948 acres of Federal lands managed by the Bureau of Land 
Management and the Bureau of Reclamation, and 314 acres of private 
lands that include the mill site and the former processing site.
  The City of Henderson, the Henderson Redevelopment Agency, Nevada

[[Page H3436]]

Department of Environmental Protection, Lakemoor Development, LLC, and 
the Bureau of Land Management have negotiated a plan to clean up and 
redevelop the Three Kids Mine Project site that includes the purchase 
of 948 acres of Federal lands. The site is contaminated with arsenic, 
lead, and other heavy metals and petroleum hydrocarbons. Cost estimates 
for cleanup and reclamation at the site range from $300 million to over 
$1 billion. The lower cost estimates apply to onsite remediation and 
disposal of tailings and other minerals in the open pits if it can be 
accomplished without contaminating groundwater. The higher cost 
estimate is associated with offsite disposal of the contaminated 
material.
  The purchase price of the Federal lands would be adjusted to reflect 
the actual cleanup costs of the Federal and non-Federal land where the 
Federal Government has environmental liability resulting from the mill, 
the processing facilities, and the storage of Federal-owned manganese 
nodules. The City of Henderson and the developer would absolve the 
Federal Government if any liability arises for this site.
  All in all, Mr. Speaker, this is a win-win for everyone involved. The 
environmental problems are addressed, the abandoned mine site is 
reclaimed and the land redeveloped for a beneficial use--all at no cost 
to the American taxpayer. This should provide a framework for other 
abandoned mine sites that are near or adjacent to small towns in larger 
urban areas.
  That's why this legislation is needed and that's why I urge my 
colleagues to support this, and I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. GRIJALVA asked and was given permission to revise and extend his 
remarks.)
  Mr. GRIJALVA. Mr. Speaker, H.R. 2512 would seek to address the 
abandoned Three Kids Mine in Nevada. The Three Kids Mine site is an 
abandoned manganese mine and mill near Las Vegas. Today, the abandoned 
mine has open mine pits and significant volumes of toxic manganese 
tailings containing arsenic, lead, and diesel fuel, which the BLM has 
said pose significant risks to public health, safety, and the 
environment. H.R. 2512 would direct the BLM to convey the Federal 
portions of the Three Kids Mine site to the Redevelopment Agency of the 
City of Henderson, Nevada, and require remediation and reclamation of 
the site.
  We support the goals of H.R. 2512 to clean up the toxic abandoned 
mine site and commend the sponsors of the legislation on their 
innovative thinking with respect to addressing this problem; however, 
the estimates of the cost addressing this abandoned mine site are large 
and uncertain. According to the Bureau of Land Management, the cost of 
reclaiming and remediating this abandoned mine site is estimated to be 
between $300 million and $1.3 billion.
  We continue to have concerns about who would assume responsibility 
for these costs should the cleanup be abandoned for any reason in the 
future because this legislation would release the United States from 
all liabilities related to the Three Kids Mine site, including under 
environmental laws such as the Comprehensive Environmental Response, 
Compensation, and Liability Act.

                              {time}  1720

  Such a release of liability for the United States could mean that in 
the event that the developer is unable to complete the cleanup of the 
Three Kids mine, there may be no responsible party. We also have 
concerns about the precedent that could be set by waiving the liability 
of the United States for the cleanup of the site if we are trying to 
ensure that private entities are held responsible for cleaning up other 
sites.
  However, while we continue to have some concerns regarding the 
process outlined by the legislation, we do support the goals of H.R. 
2512 to reclaim this abandoned mine site, and we do not oppose the 
legislation.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I'm pleased to yield such 
time as he may consume to the author of this important piece of 
legislation, the gentleman from Nevada (Mr. Heck).
  Mr. HECK. Mr. Speaker, I thank the chairman and ranking member for 
their assistance in moving forward with this important piece of 
legislation. I rise in support of H.R. 2512, the Three Kids Mine 
Remediation and Reclamation Act of 2012, legislation I introduced with 
the support of the entire Nevada delegation, to address a serious 
environmental, public safety, and abandoned mine reclamation issue in 
the city of Henderson, Nevada.
  The Three Kids mine is an abandoned manganese mine and mill site 
consisting of approximately 1,262 acres of both Federal and private 
lands which lie within the Henderson City limits and is literally 
across the street from Lake Mead Parkway where there is an increasing 
number of homes and businesses. The Three Kids mine was owned and 
operated by various parties over the years, including the United 
States, from approximately 1917 through 1961, and used as a storage 
area for Federal manganese ore reserves from the late 1950s through 
2003. The project site contains numerous large, unstable sheer-cliff 
open pits as deep as 400 feet, huge volumes of mine overburden/
tailings, mill facility remnants, and waste disposal areas. To give a 
sense of scale, mine overburden is 10 stories high in some areas; 
abandoned waste ponds are up to 60 feet deep and filled with over 1 
million cubic yards of gelatinous tailings containing high 
concentrations of arsenic, lead, and petroleum compounds.
  H.R. 2512 provides an innovative solution for cleaning up the Three 
Kids mine site. In its simplest form, the legislation directs the 
Secretary of the Interior to convey the Federal lands at the project 
site--approximately 948 acres--at fair market value, taking into 
account the costs of investigating and remediating the entire site, 
which includes an additional 314 acres of now-private lands that were 
used historically in mine operations.
  It is important to note that the government will receive a release of 
liability for cleanup of both the Federal and private lands. Under the 
legislation, before the Federal lands are conveyed, the State must 
enter into a binding consent agreement under which the cleanup of the 
entire project site will occur. The consent agreement must include 
financial assurances to ensure the completion of the remediation and 
reclamation of the site. The cleanup will be financed with private 
capital and Nevada tax increment financing at no cost to the Federal 
Government.
  The Three Kids Mine Remediation and Reclamation Act is the result of 
over 4 years of work among the city of Henderson Redevelopment Agency, 
the Department of the Interior, the State of Nevada, and private 
entities. This legislation is a unique and complex public-private 
partnership proposal. It will finally lead to the cleanup of the Three 
Kids mine site at no cost to the Federal Government, while at the same 
time providing for economic development and the creation of as many as 
3,000 jobs.
  I believe that this initiative offers a viable solution for the 
cleanup and reclamation of the Three Kids mine and could serve as a 
model for other similar sites across the country.
  This legislation is a win for the economy, it is a win for the 
environment, and it is a win for the Federal taxpayer. I encourage my 
colleagues to join me in supporting this legislation.
  Mr. GRIJALVA. Mr. Speaker, as I indicated, while the precedent of 
waiving the liability of the United States for the cleanup and 
reclamation of the site is of concern, of equal concern is the fact 
that Henderson has grown into the site, and grown closer and closer. 
BLM has stated they don't have the resources to provide the money to 
clean the site adequately, so it just sits there.
  This developer, and if the consent decree is binding, as has been 
indicated by the sponsor, is an opportunity. While it is not a perfect 
opportunity from my perspective, it is indeed an opportunity to deal 
with that cleanup and not just have the site sit there in perpetuity 
without any attention as everything else grows around it.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield back the balance of 
my time and urge adoption of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the 
rules and pass the bill, H.R. 2512, as amended.

[[Page H3437]]

  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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