II 

112TH CONGRESS 

1ST SESSION S. 1492 

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. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2011 

Mr. REID (for himself and Mr. HELLER) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Three Kids Mine Re5 mediation and Reclamation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

2 means the approximately 948 acres of Bureau of 

3 Reclamation and Bureau of Land Management land 

4 within the Three Kids Mine Project Site, as depicted 

5 on the map. 

6 (2) HAZARDOUS SUBSTANCE; POLLUTANT OR

7 CONTAMINANT; RELEASE; REMEDY; RESPONSE.— 

8 The terms ‘‘hazardous substance’’, ‘‘pollutant or 

9 contaminant’’, ‘‘release’’, ‘‘remedy’’, and ‘‘response’’ 

10 have the meanings given those terms in section 101 

11 of the Comprehensive Environmental Response, 

12 Compensation, and Liability Act of 1980 (42 U.S.C. 

13 9601). 

14 (3) HENDERSON REDEVELOPMENT AGENCY.— 

15 The term ‘‘Henderson Redevelopment Agency’’ 

16 means the redevelopment agency of the City of Hen17 derson, Nevada, established and authorized to trans18 act business and exercise the powers of the agency 

19 in accordance with the Nevada Community Redevel20 opment Law (Nev. Rev. Stat. 279.382 to 279.685). 

21 (4) MAP.—The term ‘‘map’’ means the map en22 titled ‘‘Three Kids Mine Project Area’’ and dated 

23 August 2, 2011. 

24 (5) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 


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1 (6) STATE.—The term ‘‘State’’ means the State 

2 of Nevada. 

3 (7) THREE KIDS MINE PROJECT SITE.—The 

4 term ‘‘Three Kids Mine Project Site’’ means the ap5 proximately 1,262 acres of land that is— 

6 (A) comprised of— 

7 (i) the Federal land; and 

8 (ii) the approximately 314 acres of 

9 adjacent non-Federal land; and 

10 (B) depicted as the ‘‘Three Kids Mine 

11 Project Site’’ on the map. 

12 SEC. 3. LAND CONVEYANCE. 

13 (a) IN GENERAL.—Notwithstanding sections 202 and 

14 203 of the Federal Land Policy and Management Act of 

15 1976 (43 U.S.C. 1712, 1713) and section 120 of the Com16 prehensive Environmental Response, Compensation, and 

17 Liability Act of 1980 (42 U.S.C. 9620), and any other 

18 provision of law, as soon as practicable after the conditions 

19 described in subsection (b) have been met, and subject to 

20 valid existing rights, the Secretary shall convey to the 

21 Henderson Redevelopment Agency all right, title, and in22 terest of the United States in and to the Federal land. 

23 (b) CONDITIONS.— 

24 (1) APPRAISAL; FAIR MARKET VALUE.— 


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1 (A) IN GENERAL.—As consideration for 

2 the conveyance under subsection (a), the Hen3 derson Redevelopment Agency shall pay the fair 

4 market value of the Federal land, if any, as de5 termined under subparagraph (B) and as ad6 justed under subparagraph (E). 

7 (B) APPRAISAL.—The Secretary shall de8 termine the fair market value of the Federal 

9 land based on an appraisal— 

10 (i) that is conducted in accordance 

11 with nationally recognized appraisal stand12 ards, including— 

13 (I) the Uniform Appraisal Stand14 ards for Federal Land Acquisitions; 

15 and 

16 (II) the Uniform Standards of 

17 Professional Appraisal Practice; and 

18 (ii) that does not take into account 

19 any existing contamination associated with 

20 historical mining on the Federal land. 

21 (C) REMEDIATION AND RECLAMATION

22 COSTS.— 

23 (i) IN GENERAL.—The Secretary shall 

24 prepare a reasonable estimate of the costs 


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1 to assess, remediate, and reclaim the Three 

2 Kids Mine Project Site. 

3 (ii) CONSIDERATIONS.—The estimate 

4 prepared under clause (i) shall be— 

5 (I) based on the results of a com6 prehensive Phase II environmental 

7 site assessment of the Three Kids 

8 Mine Project Site prepared by the 

9 Henderson Redevelopment Agency or 

10 a designee that has been approved by 

11 the State; and 

12 (II) prepared in accordance with 

13 the current version of the ASTM 

14 International Standard E–2137–06 

15 entitled ‘‘Standard Guide for Esti16 mating Monetary Costs and Liabilities 

17 for Environmental Matters.’’ 

18 (iii) ASSESSMENT REQUIREMENTS.— 

19 The Phase II environmental site assess20 ment prepared under clause (ii)(I) shall, 

21 without limiting any additional require22 ments that may be required by the State, 

23 be conducted in accordance with the proce24 dures of— 


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1 (I) the most recent version of 

2 ASTM International Standard E– 

3 1527–05 entitled ‘‘Standard Practice 

4 for Environmental Site Assessments: 

5 Phase I Environmental Site Assess6 ment Process’’; and 

7 (II) ASTM International Stand8 ard E–1903–97 entitled ‘‘Standard 

9 Guide for Environmental Site Assess10 ments: Phase II Environmental Site 

11 Assessment Process’’ (2002). 

12 (iv) REVIEW OF CERTAIN INFORMA13 TION.— 

14 (I) IN GENERAL.—The Secretary 

15 shall review and consider cost infor16 mation proffered by the Henderson 

17 Redevelopment Agency and the State 

18 in the preparation of the estimate 

19 under this subparagraph. 

20 (II) FINAL DETERMINATION.—If 

21 there is a disagreement among the 

22 Secretary, Henderson Redevelopment 

23 Agency, and the State over the rea24 sonable estimate of costs under this 

25 subparagraph, the parties shall jointly 


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1 select 1 or more experts to assist the 

2 Secretary in making the final estimate 

3 of the costs. 

4 (D) DEADLINE.—Not later than 30 days 

5 after the date of enactment of this Act, the Sec6 retary shall begin the appraisal and cost esti7 mates under subparagraphs (B) and (C), re8 spectively. 

9 (E) ADJUSTMENT.—The Secretary shall 

10 administratively adjust the fair market value of 

11 the Federal land, as determined under subpara12 graph (B), based on the estimate of remedi13 ation, and reclamation costs, as determined 

14 under subparagraph (C). 

15 (2) MINE REMEDIATION AND RECLAMATION

16 AGREEMENT EXECUTED.— 

17 (A) IN GENERAL.—The conveyance under 

18 subsection (a) shall be contingent on the Sec19 retary receiving from the State written notifica20 tion that a mine remediation and reclamation 

21 agreement has been executed in accordance 

22 with subparagraph (B). 

23 (B) REQUIREMENTS.—The mine remedi24 ation and reclamation agreement required 

25 under subparagraph (A) shall be an enforceable 


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1 consent order or agreement administered by the 

2 State that— 

3 (i) obligates a party to perform the 

4 remediation and reclamation work at the 

5 Three Kids Mine Project Site necessary to 

6 complete a permanent and appropriately 

7 protective remedy to existing environ8 mental contamination and hazardous con9 ditions; and 

10 (ii) contains provisions determined to 

11 be necessary by the State, including finan12 cial assurance provisions to ensure the 

13 completion of the remedy. 

14 (3) NOTIFICATION FROM AGENCY.—As a condi15 tion of the conveyance under subsection (a), the Sec16 retary shall receive from the Henderson Redevelop17 ment Agency written notification that the Henderson 

18 Redevelopment Agency is prepared to accept convey19 ance of the Federal land under that subsection. 

20 SEC. 4. WITHDRAWAL. 

21 (a) IN GENERAL.—Subject to valid existing rights, 

22 for the 10-year period beginning on the earlier of the date 

23 of enactment of this Act or the date of the conveyance 

24 required by this Act, the Federal land is withdrawn from 

25 all forms of— 


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1 (1) entry, appropriation, operation, or disposal 

2 under the public land laws; 

3 (2) location, entry, and patent under the mining 

4 laws; and 

5 (3) disposition under the mineral leasing, min6 eral materials, and the geothermal leasing laws. 

7 (b) EXISTING RECLAMATION WITHDRAWALS.—Sub8 ject to valid existing rights, any withdrawal under the pub9 lic land laws that includes all or any portion of the Federal 

10 land for which the Bureau of Reclamation has determined 

11 that the Bureau of Reclamation has no further need under 

12 applicable law is relinquished and revoked solely to the ex13 tent necessary— 

14 (1) to exclude from the withdrawal the property 

15 that is no longer needed; and 

16 (2) to allow for the immediate conveyance of 

17 the Federal land as required under this Act. 

18 SEC. 5. ACEC BOUNDARY ADJUSTMENT. 

19 Notwithstanding section 203 of the Federal Land 

20 Policy and Management Act of 1976 (43 U.S.C. 1713), 

21 the boundary of the River Mountains Area of Critical En22 vironmental Concern (NVN 76884) is adjusted to exclude 

23 any portion of the Three Kids Mine Project Site consistent 

24 with the map. 


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1 SEC. 6. RELEASE OF THE UNITED STATES. 

2 Upon making the conveyance under section 3, not3 withstanding any other provision of law, the United States 

4 is released from any and all liabilities or claims of any 

5 kind or nature arising from the presence, release, or threat 

6 of release of any hazardous substance, pollutant, contami7 nant, petroleum product (or derivative of a petroleum 

8 product of any kind), solid waste, mine materials or min9 ing-related features (including tailings, overburden, waste 

10 rock, mill remnants, pits, or other hazards resulting from 

11 the presence of mining related features) at the Three Kids 

12 Mine Project Site in existence on or before the date of 

13 the conveyance. 

Æ 


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