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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 697 Enrolled Bill (ENR)]

        H.R.697

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen

                                 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
                (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: 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, 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.
    (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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