I 

113TH CONGRESS 

1ST SESSION H. R. 697 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2013 

Mr. HECK of Nevada (for himself, Mr. AMODEI, Mr. HORSFORD, and Ms. 

TITUS) introduced the following bill; which was referred to the Committee 

on 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) HAZARDOUS SUBSTANCE; POLLUTANT OR

2 CONTAMINANT; RELEASE; REMEDY; RESPONSE.— 

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

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

5 have the meanings respectively set forth for those 

6 terms in section 101 of the Comprehensive Environ7 mental Response, Compensation, and Liability Act 

8 of 1980 (42 U.S.C. 9601). 

9 (2) HENDERSON REDEVELOPMENT AGENCY.— 

10 The term ‘‘Henderson Redevelopment Agency’’ 

11 means the public body, corporate and politic, known 

12 as the redevelopment agency of the City of Hender13 son, Nevada, established and authorized to transact 

14 business and exercise its powers in accordance with 

15 the Nevada Community Redevelopment Law (Nev. 

16 Rev. Stat. 279.382 to 279.685, inclusive). 

17 (3) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 (4) STATE.—The term ‘‘State’’ means the State 

20 of Nevada. 

21 (5) THREE KIDS MINE FEDERAL LAND.—The 

22 term ‘‘Three Kids Mine Federal Land’’ means the 

23 parcel or parcels of Federal land consisting of ap24 proximately 948 acres in sections 26, 34, 35, and 

25 36, Township 21 South, Range 63 East, Mount DiaVerDate Mar 15 2010 00:21 Feb 26, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H697.IH H697

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1 blo Meridian, Nevada, as depicted on the map enti2 tled ‘‘Three Kids Mine Project Area’’ and dated 

3 February 6, 2012. 

4 (6) THREE KIDS MINE PROJECT SITE.—The 

5 term ‘‘Three Kids Mine Project Site’’ means the 

6 Three Kids Mine Federal Land and the adjacent ap7 proximately 314 acres of non-Federal land, together 

8 comprising approximately 1,262 acres, as depicted 

9 on the map entitled ‘‘Three Kids Mine Project 

10 Area’’ and dated February 6, 2012. 

11 SEC. 3. LAND CONVEYANCE. 

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

13 203 of the Federal Land Policy and Management Act of 

14 1976 (43 U.S.C. 1712, 1713), as soon as practicable after 

15 fulfillment of the conditions in subsection (b), and subject 

16 to valid existing rights, the Secretary shall convey to the 

17 Henderson Redevelopment Agency all right, title, and in18 terest of the United States in the Three Kids Mine Fed19 eral Land. 

20 (b) CONDITIONS.— 

21 (1) DETERMINATION OF FAIR MARKET

22 VALUE.—The Secretary shall administratively adjust 

23 the fair market value of the Three Kids Mine Fed24 eral Land as determined pursuant to paragraph (2) 

25 by deducting from the fair market value of the 


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1 Three Kids Mine Federal Land the reasonable ap2 proximate assessment, remediation and reclamation 

3 costs for the Three Kids Mine Project Area as deter4 mined pursuant to paragraph (3). The Secretary 

5 shall begin the appraisal and cost determination 

6 under paragraphs (2) and (3), respectively, not later 

7 than 30 days after the date of the enactment of this 

8 Act. 

9 (2) APPRAISAL.—The Secretary shall determine 

10 the fair market value of the Three Kids Mine Fed11 eral Land based on an appraisal without regard to 

12 any existing contamination associated with historical 

13 mining or other uses on the property and in accord14 ance with nationally recognized appraisal standards 

15 including the Uniform Appraisal Standards for Fed16 eral Land Acquisitions and the Uniform Standards 

17 of Professional Appraisal Practice. The Henderson 

18 Redevelopment Agency shall reimburse the Secretary 

19 for costs incurred in performing the appraisal. 

20 (3) REMEDIATION AND RECLAMATION COSTS.— 

21 The Secretary shall prepare a reasonable approxi22 mate estimation of the costs to assess, remediate, 

23 and reclaim the Three Kids Mine Project Site. This 

24 estimation shall be based upon the results of a com25 prehensive Phase II environmental site assessment 


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1 of the Three Kids Mine Project Site prepared by the 

2 Henderson Redevelopment Agency or its designee 

3 that has been approved by the State, and shall be 

4 prepared in accordance with the current version of 

5 ASTM International Standard E–2137–06 entitled 

6 ‘‘Standard Guide for Estimating Monetary Costs 

7 and Liabilities for Environmental Matters’’. The 

8 Phase II environmental site assessment shall, with9 out limiting any additional requirements that may be 

10 required by the State, be conducted in accordance 

11 with the procedures of the current versions of ASTM 

12 International Standard E–1527–05 entitled ‘‘Stand13 ard Practice for Environmental Site Assessments: 

14 Phase I Environmental Site Assessment Process’’ 

15 and ASTM International Standard E–1903–11 enti16 tled ‘‘Standard Practice for Environmental Site As17 sessments: Phase II Environmental Site Assessment 

18 Process’’. The Secretary shall review and consider 

19 cost information proffered by the Henderson Rede20 velopment Agency and the State. In the event of a 

21 disagreement among the Secretary, Henderson Re22 development Agency, and the State over the reason23 able approximate estimate of costs, the parties shall 

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1 retary in making the final determination of such 

2 costs. 

3 (4) CONSIDERATION.—The Henderson Redevel4 opment Agency shall pay the fair market value, if 

5 any, as determined under this subsection. 

6 (5) MINE REMEDIATION AND RECLAMATION

7 AGREEMENT EXECUTED.—The Secretary receives 

8 from the State notification, in writing, that the Mine 

9 Remediation and Reclamation Agreement has been 

10 executed. The Mine Remediation and Reclamation 

11 Agreement shall be an enforceable consent order or 

12 agreement administered by the State that— 

13 (A) obligates a party to perform, after the 

14 conveyance of the Three Kids Mine Federal 

15 Land under this Act, the remediation and rec16 lamation work at the Three Kids Mine Project 

17 Site necessary to complete a permanent and ap18 propriately protective remedy to existing envi19 ronmental contamination and hazardous condi20 tions; and 

21 (B) contains provisions determined to be 

22 necessary by the State, including financial as23 surance provisions to ensure the completion of 

24 such remedy. 


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1 (6) NOTIFICATION.—The Secretary receives 

2 from the Henderson Redevelopment Agency notifica3 tion, in writing, that the Henderson Redevelopment 

4 Agency is prepared to accept conveyance of the 

5 Three Kids Mine Federal Land under this Act. Such 

6 notification must occur not later than 90 days after 

7 execution of the Mine Remediation and Reclamation 

8 Agreement referred to in paragraph (5). 

9 SEC. 4. WITHDRAWAL. 

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

11 for the 10-year period following the date of the enactment 

12 of this Act or on the date of the conveyance required by 

13 this Act, whichever is earlier, the Three Kids Mine Federal 

14 Land is withdrawn from all forms of— 

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

16 under the public land laws; 

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

18 laws; and 

19 (3) disposition under the mineral leasing, min20 eral materials, and the geothermal leasing laws. 

21 (b) EXISTING RECLAMATION WITHDRAWALS.—Sub22 ject to valid existing rights, any withdrawal of public land 

23 for reclamation project purposes that includes all or any 

24 portion of the Three Kids Mine Federal Land for which 

25 the Bureau of Reclamation has determined that it has no 


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1 further need under applicable law is hereby relinquished 

2 and revoked solely to the extent necessary to exclude from 

3 the withdrawal the land no longer needed and to allow for 

4 the immediate conveyance of the Three Kids Mine Federal 

5 Land as required under this Act. 

6 (c) EXISTING RECLAMATION PROJECT AND PER7 MITTED FACILITIES.—Without limiting the general appli8 cability of section 3(a), nothing in this Act shall diminish, 

9 hinder, or interfere with the exclusive and perpetual use 

10 by existing rights holders for the operation, maintenance, 

11 and improvement of water conveyance infrastructure and 

12 facilities, including all necessary ingress and egress, situ13 ated on the Three Kids Mine Federal Land that were con14 structed or permitted by the Bureau of Reclamation prior 

15 to the effective date of this Act. 

16 SEC. 5. ACEC BOUNDARY ADJUSTMENT. 

17 Notwithstanding section 203 of the Federal Land 

18 Policy and Management Act of 1976 (43 U.S.C. 1717), 

19 the boundary of the River Mountains Area of Critical En20 vironmental Concern (NVN 76884) is hereby adjusted 

21 consistent with the map entitled ‘‘Three Kids Mine Project 

22 Area’’ and dated February 6, 2012. 

23 SEC. 6. RELEASE OF THE UNITED STATES. 

24 Upon making the conveyance under section 3, not25 withstanding any other provision of law, the United States 


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

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

3 of release of any hazardous substance, pollutant, contami4 nant, petroleum product (or derivative of a petroleum 

5 product of any kind), solid waste, mine materials or min6 ing related features (including tailings, overburden, waste 

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

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

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

10 the conveyance. 

11 SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT 

12 ACT. 

13 Southern Nevada Public Land Management Act of 

14 1998 (31 U.S.C. 6901 note; Public Law 105–263) shall 

15 not apply to land conveyed under this Act. 

Æ 


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