    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-135
    113th Congress

    An Act

    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. <>

    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

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    (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:

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    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,

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    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.

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    (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.

    Approved July 25, 2014.

    LEGISLATIVE HISTORY--H.R. 697:
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    HOUSE REPORTS: No. 113-137 (Comm. on Natural Resources).
    SENATE REPORTS: No. 113-147 (Comm. on Energy and Natural Resources).
    CONGRESSIONAL RECORD:
    Vol. 159 (2013):
    July 22, considered and passed
    House.
    Vol. 160 (2014):
    July 9, considered and passed
    Senate.