[Congressional Record (Bound Edition), Volume 159 (2013), Part 8]
[House]
[Pages 11979-11981]
[From the U.S. 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 
     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

[[Page 11980]]

     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. 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 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,

[[Page 11981]]

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.

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