PUBLIC LAW 113–135—JULY 25, 2014 

THREE KIDS MINE REMEDIATION AND 

RECLAMATION ACT 


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128 STAT. 1734 PUBLIC LAW 113–135—JULY 25, 2014 

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 

Three Kids Mine 

Remediation and 

Reclamation Act. 

July 25, 2014 

[H.R. 697] 


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PUBLIC LAW 113–135—JULY 25, 2014 128 STAT. 1735 

(ii) the approximately 314 acres of adjacent nonFederal 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: 

Cost estimate. 

Deadlines. 

Determinations. 


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128 STAT. 1736 PUBLIC LAW 113–135—JULY 25, 2014 

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, 

Notification. 


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PUBLIC LAW 113–135—JULY 25, 2014 128 STAT. 1737 

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. 

Applicability. 

Effective date. 

Time period. 


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128 STAT. 1738 PUBLIC LAW 113–135—JULY 25, 2014 

LEGISLATIVE HISTORY—H.R. 697: 

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. 

Æ 

(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. 


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