II 

Calendar No. 353 

113TH CONGRESS 

2D SESSION H. R. 697 

[Report No. 113–147] 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2013 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

APRIL 8, 2014 

Reported by Ms. LANDRIEU, without amendment 

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. 

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; REMEDY.—The terms ‘‘hazardous 

8 substance’’, ‘‘pollutant or contaminant’’, and ‘‘rem9 edy’’ have the meanings given those terms in section 

10 101 of the Comprehensive Environmental Response, 

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

12 9601). 

13 (3) HENDERSON REDEVELOPMENT AGENCY.— 

14 The term ‘‘Henderson Redevelopment Agency’’ 

15 means the redevelopment agency of the City of Hen16 derson, Nevada, established and authorized to trans17 act business and exercise the powers of the agency 

18 in accordance with the Nevada Community Redevel19 opment Law (Nev. Rev. Stat. 279.382 to 279.685). 

20 (4) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Three Kids Mine Project Area’’ and dated 

22 February 6, 2012. 

23 (5) RESPONSIBLE PARTY.—The term ‘‘Respon24 sible Party’’ means the private sector entity des25 ignated by the Henderson Redevelopment Agency, 


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1 and approved by the State of Nevada, to complete 

2 the assessment, remediation, reclamation and rede3 velopment of the Three Kids Mine Project Site). 

4 (6) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior. 

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

7 of Nevada. 

8 (8) THREE KIDS MINE PROJECT SITE.—The 

9 term ‘‘Three Kids Mine Project Site’’ means the ap10 proximately 1,262 acres of land that is— 

11 (A) comprised of— 

12 (i) the Federal land; and 

13 (ii) the approximately 314 acres of 

14 adjacent non-Federal land; and 

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

16 Project Site’’ on the map. 

17 SEC. 3. LAND CONVEYANCE. 

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

19 203 of the Federal Land Policy and Management Act of 

20 1976 (43 U.S.C. 1712, 1713), not later than 90 days after 

21 the date on which the Secretary determines that the condi22 tions described in subsection (b) have been met, and sub23 ject to valid existing rights and applicable law, the Sec24 retary shall convey to the Henderson Redevelopment 


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1 Agency all right, title, and interest of the United States 

2 in and to the Federal land. 

3 (b) CONDITIONS.— 

4 (1) APPRAISAL; FAIR MARKET VALUE.— 

5 (A) IN GENERAL.—As consideration for 

6 the conveyance under subsection (a), the Hen7 derson Redevelopment Agency shall pay the fair 

8 market value of the Federal land, if any, as de9 termined under subparagraph (B) and as ad10 justed under subparagraph (F). 

11 (B) APPRAISAL.—The Secretary shall de12 termine the fair market value of the Federal 

13 land based on an appraisal— 

14 (i) that is conducted in accordance 

15 with nationally recognized appraisal stand16 ards, including— 

17 (I) the Uniform Appraisal Stand18 ards for Federal Land Acquisitions; 

19 and 

20 (II) the Uniform Standards of 

21 Professional Appraisal Practice; and 

22 (ii) that does not take into account 

23 any existing contamination associated with 

24 historical mining on the Federal land. 


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1 (C) REMEDIATION AND RECLAMATION

2 COSTS.— 

3 (i) IN GENERAL.—The Secretary shall 

4 prepare a reasonable estimate of the costs 

5 to assess, remediate, and reclaim the Three 

6 Kids Mine Project Site. 

7 (ii) CONSIDERATIONS.—The estimate 

8 prepared under clause (i) shall be— 

9 (I) based on the results of a com10 prehensive Phase II environmental 

11 site assessment of the Three Kids 

12 Mine Project Site prepared by the 

13 Henderson Redevelopment Agency or 

14 a Responsible Party that has been ap15 proved by the State; and 

16 (II) prepared in accordance with 

17 the current version of the ASTM 

18 International Standard E–2137–06 

19 (2011) entitled ‘‘Standard Guide for 

20 Estimating Monetary Costs and Li21 abilities for Environmental Matters’’. 

22 (iii) ASSESSMENT REQUIREMENTS.— 

23 The Phase II environmental site assess24 ment prepared under clause (ii)(I) shall, 

25 without limiting any additional requireVerDate Mar 15 2010 23:52 Apr 09, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H697.RS H697

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1 ments that may be required by the State, 

2 be conducted in accordance with the proce3 dures of— 

4 (I) the most recent version of 

5 ASTM International Standard E– 

6 1527–05 entitled ‘‘Standard Practice 

7 for Environmental Site Assessments: 

8 Phase I Environmental Site Assess9 ment Process’’; and 

10 (II) the most recent version of 

11 ASTM International Standard E– 

12 1903–11 entitled ‘‘Standard Guide for 

13 Environmental Site Assessments: 

14 Phase II Environmental Site Assess15 ment Process’’. 

16 (iv) REVIEW OF CERTAIN INFORMA17 TION.— 

18 (I) IN GENERAL.—The Secretary 

19 shall review and consider cost infor20 mation proffered by the Henderson 

21 Redevelopment Agency, the Respon22 sible Party, and the State in the prep23 aration of the estimate under this 

24 subparagraph. 


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1 (II) FINAL DETERMINATION.—If 

2 there is a disagreement among the 

3 Secretary, Henderson Redevelopment 

4 Agency, and the State over the rea5 sonable estimate of costs under this 

6 subparagraph, the parties shall jointly 

7 select 1 or more experts to assist the 

8 Secretary in making the final estimate 

9 of the costs. 

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

11 after the date of enactment of this Act, the Sec12 retary shall begin the appraisal and cost esti13 mates under subparagraphs (B) and (C), re14 spectively. 

15 (E) APPRAISAL COSTS.—The Henderson 

16 Redevelopment Agency or the Responsible 

17 Party shall reimburse the Secretary for the 

18 costs incurred in performing the appraisal 

19 under subparagraph (B). 

20 (F) ADJUSTMENT.—The Secretary shall 

21 administratively adjust the fair market value of 

22 the Federal land, as determined under subpara23 graph (B), based on the estimate of remedi24 ation, and reclamation costs, as determined 

25 under subparagraph (C). 


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1 (2) MINE REMEDIATION AND RECLAMATION

2 AGREEMENT EXECUTED.— 

3 (A) IN GENERAL.—The conveyance under 

4 subsection (a) shall be contingent on— 

5 (i) the Secretary receiving from the 

6 State written notification that a mine re7 mediation and reclamation agreement has 

8 been executed in accordance with subpara9 graph (B); and 

10 (ii) the Secretary concurring, not later 

11 than 30 days after the date of receipt of 

12 the written notification under clause (i), 

13 that the requirements under subparagraph 

14 (B) have been met. 

15 (B) REQUIREMENTS.—The mine remedi16 ation and reclamation agreement required 

17 under subparagraph (A) shall be an enforceable 

18 consent order or agreement between the State 

19 and the Responsible Party who will be obligated 

20 to perform under the consent order or agree21 ment administered by the State that— 

22 (i) obligates the Responsible Party to 

23 perform, after the conveyance of the Fed24 eral land under this Act, the remediation 

25 and reclamation work at the Three Kids 


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1 Mine Project Site necessary to ensure all 

2 remedial actions necessary to protect 

3 human health and the environment with 

4 respect to any hazardous substances, pol5 lutant, or contaminant will be taken, in ac6 cordance with all Federal, State, and local 

7 requirements; and 

8 (ii) contains provisions determined to 

9 be necessary by the State and the Hender10 son Redevelopment Agency, including fi11 nancial assurance provisions to ensure the 

12 completion of the remedy. 

13 (3) NOTIFICATION FROM AGENCY.—As a condi14 tion of the conveyance under subsection (a), not 

15 later than 90 days after the date of execution of the 

16 mine remediation and reclamation agreement re17 quired under paragraph (2), the Secretary shall ac18 cept written notification from the Henderson Rede19 velopment Agency that the Henderson Redevelop20 ment Agency is prepared to accept conveyance of the 

21 Federal land under subsection (a). 

22 SEC. 4. WITHDRAWAL. 

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

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

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


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

2 all forms of— 

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

4 under the public land laws; 

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

6 laws; and 

7 (3) disposition under the mineral leasing, min8 eral materials, and the geothermal leasing laws. 

9 (b) EXISTING RECLAMATION WITHDRAWALS.—Sub10 ject to valid existing rights, any withdrawal under the pub11 lic land laws that includes all or any portion of the Federal 

12 land for which the Bureau of Reclamation has determined 

13 that the Bureau of Reclamation has no further need under 

14 applicable law is relinquished and revoked solely to the ex15 tent necessary— 

16 (1) to exclude from the withdrawal the property 

17 that is no longer needed; and 

18 (2) to allow for the immediate conveyance of 

19 the Federal land as required under this Act. 

20 (c) EXISTING RECLAMATION PROJECT AND PER21 MITTED FACILITIES.—Except as provided in subsection 

22 (a), nothing in this Act diminishes, hinders, or interferes 

23 with the exclusive and perpetual use by the existing rights 

24 holders for the operation, maintenance, and improvement 

25 of water conveyance infrastructure and facilities, including 


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1 all necessary ingress and egress, situated on the Federal 

2 land that were constructed or permitted by the Bureau 

3 of Reclamation before the effective date of this Act. 

4 SEC. 5. ACEC BOUNDARY ADJUSTMENT. 

5 Notwithstanding section 203 of the Federal Land 

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

7 the boundary of the River Mountains Area of Critical En8 vironmental Concern (NVN 76884) is adjusted to exclude 

9 any portion of the Three Kids Mine Project Site consistent 

10 with the map. 

11 SEC. 6. RESPONSIBILITIES OF THE PARTIES. 

12 (a) RESPONSIBILITY OF PARTIES TO MINE REMEDI13 ATION AND RECLAMATION AGREEMENT.—On completion 

14 of the conveyance under section 3, the responsibility for 

15 complying with the mine remediation and reclamation 

16 agreement executed under section 3(b)(2) shall apply to 

17 the Responsible Party and the State of Nevada. 

18 (b) SAVINGS PROVISION.—If the conveyance under 

19 this Act has occurred, but the terms of the agreement exe20 cuted under section 3(b)(2) have not been met, nothing 

21 in this Act— 

22 (1) affects the responsibility of the Secretary to 

23 take any additional response action necessary to pro24 tect public health and the environment from a reVerDate Mar 15 2010 23:52 Apr 09, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H697.RS H697

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1 lease or the threat of a release of a hazardous sub2 stance, pollutant, or contaminant; or 

3 (2) unless otherwise expressly provided, modi4 fies, limits, or otherwise affects— 

5 (A) the application of, or obligation to 

6 comply with, any law, including any environ7 mental or public health law; or 

8 (B) the authority of the United States to 

9 enforce compliance with the requirements of 

10 any law or the agreement executed under sec11 tion 3(b)(2). 

12 SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT 

13 ACT. 

14 Southern Nevada Public Land Management Act of 

15 1998 (31 U.S.C. 6901 note; Public Law 105–263) shall 

16 not apply to land conveyed under this Act. 


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Calendar No. 353 

113TH CONGRESS 

2D SESSION H. R. 697 

[Report No. 113–147] 

AN ACT 

To provide for the conveyance of certain Federal 

Kids Mine Project Site, and for other purposes. mental remediation and reclamation of the Three land in Clark County, Nevada, for the environAPRIL 8, 2014 

Reported without amendment 


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