[Congressional Record Volume 159, Number 24 (Thursday, February 14, 2013)]
[Senate]
[Pages S778-S779]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Heller):
  S. 343. 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 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. 343

       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) 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), 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 
     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) 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 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 
     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, by the date that is 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 
     a party obligated to perform under the consent order or 
     agreement administered by the State that--
       (i) obligates a 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, 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),

[[Page S779]]

     the Henderson Redevelopment Agency shall submit to the 
     Secretary written notification 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 parties to the agreement.
       (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).
                                 ______