[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.
____________________