[Congressional Record Volume 159, Number 105 (Monday, July 22, 2013)]
[House]
[Pages H4831-H4833]
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. 697) 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. 697
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
[[Page H4832]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. Hastings) and the gentleman from California (Mr.
Huffman) 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 the 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, H.R. 697, the Three Kids Mine Remediation and
Reclamation Act, was introduced by our colleague from Nevada (Mr. Heck)
on Valentine's Day and was marked up on June 12 of this year.
The Three Kids Mine is located in Clark County, Nevada, adjacent to
the city of Henderson. The mine was operated from 1916 to 1961. The
United States, through the Defense Plant Corporation, owned 446 acres
of the Three Kids Mine Project from 1942 to 1955. The mine site was
used to produce federally owned manganese ore for national defense
purposes and was leased by the U.S. until 2003 to stockpile manganese
nodules.
The 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 where the mill site and processing plant are located.
The site is contaminated with arsenic, lead, and other heavy metals
and petroleum hydrocarbons. Cost estimates for cleanup and reclamation
of the site range from $300 million to $1.2 billion.
The city of Henderson, the Henderson Redevelopment Agency, the Nevada
Department of Environmental Protection, Lakemoor Development, 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 land. The purchase price would be adjusted to
reflect the actual cleanup cost of the Federal and non-Federal lands
where the Federal Government has environmental liability resulting from
the mill, from the processing facilities, and the storage of Federal-
owned manganese nodules.
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 beneficial use--all at no cost
to the American taxpayer.
If successful, this could provide a framework for other abandoned
mine sites that are near or adjacent to small towns and larger urban
areas.
So I urge my colleagues to support this legislation, which passed by
voice vote in the last Congress, and I would hope it would do so again
in this Congress.
I reserve the balance of my time.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. HUFFMAN asked and was given permission to revise and extend his
remarks.)
Mr. HUFFMAN. Mr. Speaker, we agree, the Three Kids Mine is an
abandoned manganese mine and mill site located in Henderson, Nevada.
This bill designates the combined 314 acres of private land and 948
acres of public land as the 1,262-acre Three Kids Mine Project Site and
provides for the conveyance of the public lands to the Henderson
Redevelopment Agency.
The bill requires that standard appraisal practices be used to
determine the fair market value for the Federal lands to be conveyed.
Once that determination has been made, the bill would require the
Secretary of the Interior to determine the ``reasonable approximate
estimation of the costs to assess, remediate, and reclaim the Three
Kids Mine Project Site.'' That cost would then be deducted from the
fair market
[[Page H4833]]
value of the public land that has conveyed. The Henderson Redevelopment
Agency would pay the adjusted fair market value of the conveyed land,
if any, and the Federal Government would be released from any and all
liabilities or claims.
The BLM supports innovative proposals to address the cleanup of the
Three Kids Mine, and we do not oppose this bill.
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 4
minutes to the author of this legislation, who introduced it in the
last Congress and in this Congress, the gentleman from Nevada (Mr.
Heck).
Mr. HECK of Nevada. Mr. Speaker, I rise in support of H.R. 697, the
Three Kids Mine Remediation and Reclamation Act, which is an innovative
solution for restoring our environment, improving safety, and creating
jobs.
H.R. 697 addresses the safety and environmental concerns of the Three
Kids Mine, as was stated, 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 located across
from a busy parkway and an increasing number of homes and businesses.
The site was owned and operated by various parties, including the
United States Government, from approximately 1917 through 1961, and
used as a storage area for Federal manganese ore reserves from the late
1950s through 2003.
Currently, the project site contains numerous large, unstable, sheer-
cliff open pits as deep as 400 feet, huge volumes of mine overburden
and tailings, mill facility remnants, and waste disposal areas. To give
a sense of scale, the site contains mine overburden mounds that are
approximately 10 stories high in some areas and abandoned waste ponds
that are up to 60 feet deep and filled with more than 1 million cubic
yards of gelatinous tailings containing high concentrations of arsenic,
lead, and petroleum compounds.
H.R. 697 provides an innovative public-private partnership solution
to finally clean up the abandoned Three Kids Mine site. In its simplest
form, H.R. 697 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 also includes an additional 314
acres of now-private lands that were used historically in mine
operations.
In return for conveying the land at fair market value, the Federal
Government will also receive a release of liability for cleanup of both
the Federal and private lands.
Under this 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. This 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. Again, this project will be carried out at no
cost to the Federal Government.
H.R. 697 is the result of more than 5 years of work among the city of
Henderson Redevelopment Agency, the Department of the Interior, the
State of Nevada, and private entities. This public-private partnership
solution will finally lead to the cleanup and reclamation of the Three
Kids Mine site, while at the same time providing for economic
development and the creation of as many as 33,000 jobs. Furthermore, I
believe this innovative solution could serve as a viable model for the
cleanup and reclamation of other similar sites across the country.
This bill, which has the support of the entire Nevada delegation, is
nearly identical to H.R. 2512, which passed the House of
Representatives by voice vote during the 112th Congress, but
unfortunately did not receive consideration in the Senate prior to the
adjournment of the last Congress.
I want to thank the chairman and the ranking member of the House
Natural Resources Committee for recognizing the importance of this
legislation to Nevada and the West, and for their efforts in advancing
it, in a bipartisan fashion, through the committee.
H.R. 697 is a win for the economy, a win for the environment, and a
win for the Federal taxpayer. I encourage my colleagues to join me in
supporting this legislation.
Mr. HUFFMAN. I yield such time as she may consume to the gentlelady
from Nevada, Representative Titus.
Ms. TITUS. I thank my friend from California for the time.
Mr. Speaker, I rise in support of H.R. 697, the Three Kids Mine
Remediation and Reclamation Act, and urge my colleagues to support the
bill.
This bipartisan legislation, which has the support of the entire
Nevada delegation, including Senators Reid and Heller, is critical to
the cleanup and revitalization of long-dormant land near Henderson,
Nevada.
H.R. 697 sets up a public-private partnership to address the
remediation of the more than 1,200 acres of former manganese mining and
industrial lands for redevelopment. These activities, as you have
heard, date back nearly a century and were critical to our national
defense during World War II. But over the last 50 years, the already
nasty, polluted site has become increasingly dangerous. Accordingly,
the cleanup of this land is a top priority for the Nevada State
Department of Environmental Protection, the city of Henderson, and for
the thousands of southern Nevada residents who live nearby.
I support this legislation to clean up the Three Kids Mine for both
safety and environmental reasons and to create opportunities for
redevelopment of the site for beneficial use and economic potential. So
I would urge my colleagues to join me and the Nevada delegation in
support of this bill.
Mr. HASTINGS of Washington. I would ask my friend from California, I
have no more requests for time and I'm prepared to yield back if the
gentleman is prepared to yield back.
Mr. HUFFMAN. I would tell the chairman I have no further speakers and
am prepared to yield back if the chairman is prepared to close.
Mr. HASTINGS of Washington. I am prepared to close.
Mr. HUFFMAN. I yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, as was mentioned, this is a
win-win proposition--at no cost to the taxpayer--cleaning up this mine,
and I urge its support. It passed, again, by voice vote in the last
Congress, and I hope it does so again in this Congress.
I urge my colleagues to vote ``yes,'' and I yield back the balance of
my time.
The SPEAKER pro tempore (Mr. Harris). 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. 697, as amended.
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.
____________________