IIB 

113TH CONGRESS 

1ST SESSION H. R. 697 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2013 

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

Resources 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Three Kids Mine Re3 mediation and Reclamation Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 means the approximately 948 acres of Bureau of 

8 Reclamation and Bureau of Land Management land 

9 within the Three Kids Mine Project Site, as depicted 

10 on the map. 

11 (2) HAZARDOUS SUBSTANCE; POLLUTANT OR

12 CONTAMINANT; REMEDY.—The terms ‘‘hazardous 

13 substance’’, ‘‘pollutant or contaminant’’, and ‘‘rem14 edy’’ have the meanings given those terms in section 

15 101 of the Comprehensive Environmental Response, 

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

17 9601). 

18 (3) HENDERSON REDEVELOPMENT AGENCY.— 

19 The term ‘‘Henderson Redevelopment Agency’’ 

20 means the redevelopment agency of the City of Hen21 derson, Nevada, established and authorized to trans22 act business and exercise the powers of the agency 

23 in accordance with the Nevada Community Redevel24 opment Law (Nev. Rev. Stat. 279.382 to 279.685). 


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1 (4) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘Three Kids Mine Project Area’’ and dated 

3 February 6, 2012. 

4 (5) RESPONSIBLE PARTY.—The term ‘‘Respon5 sible Party’’ means the private sector entity des6 ignated by the Henderson Redevelopment Agency, 

7 and approved by the State of Nevada, to complete 

8 the assessment, remediation, reclamation and rede9 velopment of the Three Kids Mine Project Site). 

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

11 the Secretary of the Interior. 

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

13 of Nevada. 

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

15 term ‘‘Three Kids Mine Project Site’’ means the ap16 proximately 1,262 acres of land that is— 

17 (A) comprised of— 

18 (i) the Federal land; and 

19 (ii) the approximately 314 acres of 

20 adjacent non-Federal land; and 

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

22 Project Site’’ on the map. 

23 SEC. 3. LAND CONVEYANCE. 

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

25 203 of the Federal Land Policy and Management Act of 


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1 1976 (43 U.S.C. 1712, 1713), not later than 90 days after 

2 the date on which the Secretary determines that the condi3 tions described in subsection (b) have been met, and sub4 ject to valid existing rights and applicable law, the Sec5 retary shall convey to the Henderson Redevelopment 

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

7 in and to the Federal land. 

8 (b) CONDITIONS.— 

9 (1) APPRAISAL; FAIR MARKET VALUE.— 

10 (A) IN GENERAL.—As consideration for 

11 the conveyance under subsection (a), the Hen12 derson Redevelopment Agency shall pay the fair 

13 market value of the Federal land, if any, as de14 termined under subparagraph (B) and as ad15 justed under subparagraph (F). 

16 (B) APPRAISAL.—The Secretary shall de17 termine the fair market value of the Federal 

18 land based on an appraisal— 

19 (i) that is conducted in accordance 

20 with nationally recognized appraisal stand21 ards, including— 

22 (I) the Uniform Appraisal Stand23 ards for Federal Land Acquisitions; 

24 and 


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1 (II) the Uniform Standards of 

2 Professional Appraisal Practice; and 

3 (ii) that does not take into account 

4 any existing contamination associated with 

5 historical mining on the Federal land. 

6 (C) REMEDIATION AND RECLAMATION

7 COSTS.— 

8 (i) IN GENERAL.—The Secretary shall 

9 prepare a reasonable estimate of the costs 

10 to assess, remediate, and reclaim the Three 

11 Kids Mine Project Site. 

12 (ii) CONSIDERATIONS.—The estimate 

13 prepared under clause (i) shall be— 

14 (I) based on the results of a com15 prehensive Phase II environmental 

16 site assessment of the Three Kids 

17 Mine Project Site prepared by the 

18 Henderson Redevelopment Agency or 

19 a Responsible Party that has been ap20 proved by the State; and 

21 (II) prepared in accordance with 

22 the current version of the ASTM 

23 International Standard E–2137–06 

24 (2011) entitled ‘‘Standard Guide for 


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1 Estimating Monetary Costs and Li2 abilities for Environmental Matters’’. 

3 (iii) ASSESSMENT REQUIREMENTS.— 

4 The Phase II environmental site assess5 ment prepared under clause (ii)(I) shall, 

6 without limiting any additional require7 ments that may be required by the State, 

8 be conducted in accordance with the proce9 dures of— 

10 (I) the most recent version of 

11 ASTM International Standard E– 

12 1527–05 entitled ‘‘Standard Practice 

13 for Environmental Site Assessments: 

14 Phase I Environmental Site Assess15 ment Process’’; and 

16 (II) the most recent version of 

17 ASTM International Standard E– 

18 1903–11 entitled ‘‘Standard Guide for 

19 Environmental Site Assessments: 

20 Phase II Environmental Site Assess21 ment Process’’. 

22 (iv) REVIEW OF CERTAIN INFORMA23 TION.— 

24 (I) IN GENERAL.—The Secretary 

25 shall review and consider cost inforVerDate Mar 15 2010 23:11 Jul 23, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H697.RFS H697

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1 mation proffered by the Henderson 

2 Redevelopment Agency, the Respon3 sible Party, and the State in the prep4 aration of the estimate under this 

5 subparagraph. 

6 (II) FINAL DETERMINATION.—If 

7 there is a disagreement among the 

8 Secretary, Henderson Redevelopment 

9 Agency, and the State over the rea10 sonable estimate of costs under this 

11 subparagraph, the parties shall jointly 

12 select 1 or more experts to assist the 

13 Secretary in making the final estimate 

14 of the costs. 

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

16 after the date of enactment of this Act, the Sec17 retary shall begin the appraisal and cost esti18 mates under subparagraphs (B) and (C), re19 spectively. 

20 (E) APPRAISAL COSTS.—The Henderson 

21 Redevelopment Agency or the Responsible 

22 Party shall reimburse the Secretary for the 

23 costs incurred in performing the appraisal 

24 under subparagraph (B). 


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1 (F) ADJUSTMENT.—The Secretary shall 

2 administratively adjust the fair market value of 

3 the Federal land, as determined under subpara4 graph (B), based on the estimate of remedi5 ation, and reclamation costs, as determined 

6 under subparagraph (C). 

7 (2) MINE REMEDIATION AND RECLAMATION

8 AGREEMENT EXECUTED.— 

9 (A) IN GENERAL.—The conveyance under 

10 subsection (a) shall be contingent on— 

11 (i) the Secretary receiving from the 

12 State written notification that a mine re13 mediation and reclamation agreement has 

14 been executed in accordance with subpara15 graph (B); and 

16 (ii) the Secretary concurring, not later 

17 than 30 days after the date of receipt of 

18 the written notification under clause (i), 

19 that the requirements under subparagraph 

20 (B) have been met. 

21 (B) REQUIREMENTS.—The mine remedi22 ation and reclamation agreement required 

23 under subparagraph (A) shall be an enforceable 

24 consent order or agreement between the State 

25 and the Responsible Party who will be obligated 


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1 to perform under the consent order or agree2 ment administered by the State that— 

3 (i) obligates the Responsible Party to 

4 perform, after the conveyance of the Fed5 eral land under this Act, the remediation 

6 and reclamation work at the Three Kids 

7 Mine Project Site necessary to ensure all 

8 remedial actions necessary to protect 

9 human health and the environment with 

10 respect to any hazardous substances, pol11 lutant, or contaminant will be taken, in ac12 cordance with all Federal, State, and local 

13 requirements; and 

14 (ii) contains provisions determined to 

15 be necessary by the State and the Hender16 son Redevelopment Agency, including fi17 nancial assurance provisions to ensure the 

18 completion of the remedy. 

19 (3) NOTIFICATION FROM AGENCY.—As a condi20 tion of the conveyance under subsection (a), not 

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

22 mine remediation and reclamation agreement re23 quired under paragraph (2), the Secretary shall ac24 cept written notification from the Henderson Rede25 velopment Agency that the Henderson RedevelopVerDate Mar 15 2010 23:11 Jul 23, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H697.RFS H697

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1 ment Agency is prepared to accept conveyance of the 

2 Federal land under subsection (a). 

3 SEC. 4. WITHDRAWAL. 

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

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

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

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

8 all forms of— 

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

10 under the public land laws; 

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

12 laws; and 

13 (3) disposition under the mineral leasing, min14 eral materials, and the geothermal leasing laws. 

15 (b) EXISTING RECLAMATION WITHDRAWALS.—Sub16 ject to valid existing rights, any withdrawal under the pub17 lic land laws that includes all or any portion of the Federal 

18 land for which the Bureau of Reclamation has determined 

19 that the Bureau of Reclamation has no further need under 

20 applicable law is relinquished and revoked solely to the ex21 tent necessary— 

22 (1) to exclude from the withdrawal the property 

23 that is no longer needed; and 

24 (2) to allow for the immediate conveyance of 

25 the Federal land as required under this Act. 


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1 (c) EXISTING RECLAMATION PROJECT AND PER2 MITTED FACILITIES.—Except as provided in subsection 

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

4 with the exclusive and perpetual use by the existing rights 

5 holders for the operation, maintenance, and improvement 

6 of water conveyance infrastructure and facilities, including 

7 all necessary ingress and egress, situated on the Federal 

8 land that were constructed or permitted by the Bureau 

9 of Reclamation before the effective date of this Act. 

10 SEC. 5. ACEC BOUNDARY ADJUSTMENT. 

11 Notwithstanding section 203 of the Federal Land 

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

13 the boundary of the River Mountains Area of Critical En14 vironmental Concern (NVN 76884) is adjusted to exclude 

15 any portion of the Three Kids Mine Project Site consistent 

16 with the map. 

17 SEC. 6. RESPONSIBILITIES OF THE PARTIES. 

18 (a) RESPONSIBILITY OF PARTIES TO MINE REMEDI19 ATION AND RECLAMATION AGREEMENT.—On completion 

20 of the conveyance under section 3, the responsibility for 

21 complying with the mine remediation and reclamation 

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

23 the Responsible Party and the State of Nevada. 

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

25 this Act has occurred, but the terms of the agreement exeVerDate Mar 15 2010 23:11 Jul 23, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H697.RFS H697

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1 cuted under section 3(b)(2) have not been met, nothing 

2 in this Act— 

3 (1) affects the responsibility of the Secretary to 

4 take any additional response action necessary to pro5 tect public health and the environment from a re6 lease or the threat of a release of a hazardous sub7 stance, pollutant, or contaminant; or 

8 (2) unless otherwise expressly provided, modi9 fies, limits, or otherwise affects— 

10 (A) the application of, or obligation to 

11 comply with, any law, including any environ12 mental or public health law; or 

13 (B) the authority of the United States to 

14 enforce compliance with the requirements of 

15 any law or the agreement executed under sec16 tion 3(b)(2). 


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1 SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT 

2 ACT. 

3 Southern Nevada Public Land Management Act of 

4 1998 (31 U.S.C. 6901 note; Public Law 105–263) shall 

5 not apply to land conveyed under this Act. 

Passed the House of Representatives July 22, 2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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