IB 

Union Calendar No. 99 

113TH CONGRESS 

1ST SESSION H. R. 697 

[Report No. 113–137] 

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 

JULY 8, 2013 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 14, 2013] 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 697 RH

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. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 697 RH

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 Reme5 diation and Reclamation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 means the approximately 948 acres of Bureau of Rec10 lamation and Bureau of Land Management land 

11 within the Three Kids Mine Project Site, as depicted 

12 on the map. 

13 (2) HAZARDOUS SUBSTANCE; POLLUTANT OR

14 CONTAMINANT; REMEDY.—The terms ‘‘hazardous sub15 stance’’, ‘‘pollutant or contaminant’’, and ‘‘remedy’’ 

16 have the meanings given those terms in section 101 of 

17 the Comprehensive Environmental Response, Com18 pensation, and Liability Act of 1980 (42 U.S.C. 

19 9601). 

20 (3) HENDERSON REDEVELOPMENT AGENCY.—The 

21 term ‘‘Henderson Redevelopment Agency’’ means the 

22 redevelopment agency of the City of Henderson, Ne23 vada, established and authorized to transact business 

24 and exercise the powers of the agency in accordance 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 697 RH

1 with the Nevada Community Redevelopment Law 

2 (Nev. Rev. Stat. 279.382 to 279.685). 

3 (4) MAP.—The term ‘‘map’’ means the map enti4 tled ‘‘Three Kids Mine Project Area’’ and dated Feb5 ruary 6, 2012. 

6 (5) RESPONSIBLE PARTY.—The term ‘‘Respon7 sible Party’’ means the private sector entity des8 ignated by the Henderson Redevelopment Agency, and 

9 approved by the State of Nevada, to complete the as10 sessment, remediation, reclamation and redevelopment 

11 of the Three Kids Mine Project Site). 

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

13 the Secretary of the Interior. 

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

15 of Nevada. 

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

17 ‘‘Three Kids Mine Project Site’’ means the approxi18 mately 1,262 acres of land that is— 

19 (A) comprised of— 

20 (i) the Federal land; and 

21 (ii) the approximately 314 acres of ad22 jacent non-Federal land; and 

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

24 Project Site’’ on the map. 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 697 RH

1 SEC. 3. LAND CONVEYANCE. 

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

3 203 of the Federal Land Policy and Management Act of 

4 1976 (43 U.S.C. 1712, 1713), not later than 90 days after 

5 the date on which the Secretary determines that the condi6 tions described in subsection (b) have been met, and subject 

7 to valid existing rights and applicable law, the Secretary 

8 shall convey to the Henderson Redevelopment Agency all 

9 right, title, and interest of the United States in and to the 

10 Federal land. 

11 (b) CONDITIONS.— 

12 (1) APPRAISAL; FAIR MARKET VALUE.— 

13 (A) IN GENERAL.—As consideration for the 

14 conveyance under subsection (a), the Henderson 

15 Redevelopment Agency shall pay the fair market 

16 value of the Federal land, if any, as determined 

17 under subparagraph (B) and as adjusted under 

18 subparagraph (F). 

19 (B) APPRAISAL.—The Secretary shall deter20 mine the fair market value of the Federal land 

21 based on an appraisal— 

22 (i) that is conducted in accordance 

23 with nationally recognized appraisal stand24 ards, including— 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 697 RH

1 (I) the Uniform Appraisal Stand2 ards for Federal Land Acquisitions; 

3 and 

4 (II) the Uniform Standards of 

5 Professional Appraisal Practice; and 

6 (ii) that does not take into account 

7 any existing contamination associated with 

8 historical mining on the Federal land. 

9 (C) REMEDIATION AND RECLAMATION

10 COSTS.— 

11 (i) IN GENERAL.—The Secretary shall 

12 prepare a reasonable estimate of the costs to 

13 assess, remediate, and reclaim the Three 

14 Kids Mine Project Site. 

15 (ii) CONSIDERATIONS.—The estimate 

16 prepared under clause (i) shall be— 

17 (I) based on the results of a com18 prehensive Phase II environmental site 

19 assessment of the Three Kids Mine 

20 Project Site prepared by the Henderson 

21 Redevelopment Agency or a Respon22 sible Party that has been approved by 

23 the State; and 

24 (II) prepared in accordance with 

25 the current version of the ASTM InterVerDate Mar 15 2010 21:12 Jul 08, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H697.RH H697

emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 697 RH

1 national Standard E–2137–06 (2011) 

2 entitled ‘‘Standard Guide for Esti3 mating Monetary Costs and Liabilities 

4 for Environmental Matters’’. 

5 (iii) ASSESSMENT REQUIREMENTS.— 

6 The Phase II environmental site assessment 

7 prepared under clause (ii)(I) shall, without 

8 limiting any additional requirements that 

9 may be required by the State, be conducted 

10 in accordance with the procedures of— 

11 (I) the most recent version of 

12 ASTM International Standard E– 

13 1527–05 entitled ‘‘Standard Practice 

14 for Environmental Site Assessments: 

15 Phase I Environmental Site Assess16 ment Process’’; and 

17 (II) the most recent version of 

18 ASTM International Standard E– 

19 1903–11 entitled ‘‘Standard Guide for 

20 Environmental Site Assessments: Phase 

21 II Environmental Site Assessment 

22 Process’’. 

23 (iv) REVIEW OF CERTAIN INFORMA24 TION.— 


emcdonald on DSK67QTVN1PROD with BILLS
8 

•HR 697 RH

1 (I) IN GENERAL.—The Secretary 

2 shall review and consider cost informa3 tion proffered by the Henderson Rede4 velopment Agency, the Responsible 

5 Party, and the State in the prepara6 tion of the estimate under this sub7 paragraph. 

8 (II) FINAL DETERMINATION.—If 

9 there is a disagreement among the Sec10 retary, Henderson Redevelopment 

11 Agency, and the State over the reason12 able estimate of costs under this sub13 paragraph, the parties shall jointly se14 lect 1 or more experts to assist the Sec15 retary in making the final estimate of 

16 the costs. 

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

18 after the date of enactment of this Act, the Sec19 retary shall begin the appraisal and cost esti20 mates under subparagraphs (B) and (C), respec21 tively. 

22 (E) APPRAISAL COSTS.—The Henderson Re23 development Agency or the Responsible Party 

24 shall reimburse the Secretary for the costs inVerDate Mar 15 2010 21:12 Jul 08, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H697.RH H697

emcdonald on DSK67QTVN1PROD with BILLS
9 

•HR 697 RH

1 curred in performing the appraisal under sub2 paragraph (B). 

3 (F) ADJUSTMENT.—The Secretary shall ad4 ministratively adjust the fair market value of the 

5 Federal land, as determined under subparagraph 

6 (B), based on the estimate of remediation, and 

7 reclamation costs, as determined under subpara8 graph (C). 

9 (2) MINE REMEDIATION AND RECLAMATION

10 AGREEMENT EXECUTED.— 

11 (A) IN GENERAL.—The conveyance under 

12 subsection (a) shall be contingent on— 

13 (i) the Secretary receiving from the 

14 State written notification that a mine reme15 diation and reclamation agreement has been 

16 executed in accordance with subparagraph 

17 (B); and 

18 (ii) the Secretary concurring, not later 

19 than 30 days after the date of receipt of the 

20 written notification under clause (i), that 

21 the requirements under subparagraph (B) 

22 have been met. 

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

25 subparagraph (A) shall be an enforceable consent 


emcdonald on DSK67QTVN1PROD with BILLS
10 

•HR 697 RH

1 order or agreement between the State and the Re2 sponsible Party who will be obligated to perform 

3 under the consent order or agreement adminis4 tered by the State that— 

5 (i) obligates the Responsible Party to 

6 perform, after the conveyance of the Federal 

7 land under this Act, the remediation and 

8 reclamation work at the Three Kids Mine 

9 Project Site necessary to ensure all remedial 

10 actions necessary to protect human health 

11 and the environment with respect to any 

12 hazardous substances, pollutant, or con13 taminant will be taken, in accordance with 

14 all Federal, State, and local requirements; 

15 and 

16 (ii) contains provisions determined to 

17 be necessary by the State and the Hender18 son Redevelopment Agency, including finan19 cial assurance provisions to ensure the com20 pletion of the remedy. 

21 (3) NOTIFICATION FROM AGENCY.—As a condi22 tion of the conveyance under subsection (a), not later 

23 than 90 days after the date of execution of the mine 

24 remediation and reclamation agreement required 

25 under paragraph (2), the Secretary shall accept writVerDate Mar 15 2010 21:12 Jul 08, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H697.RH H697

emcdonald on DSK67QTVN1PROD with BILLS
11 

•HR 697 RH

1 ten notification from the Henderson Redevelopment 

2 Agency that the Henderson Redevelopment Agency is 

3 prepared to accept conveyance of the Federal land 

4 under subsection (a). 

5 SEC. 4. WITHDRAWAL. 

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

7 the 10-year period beginning on the earlier of the date of 

8 enactment of this Act or the date of the conveyance required 

9 by this Act, the Federal land is withdrawn from all forms 

10 of— 

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

12 under the public land laws; 

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

14 laws; and 

15 (3) disposition under the mineral leasing, min16 eral materials, and the geothermal leasing laws. 

17 (b) EXISTING RECLAMATION WITHDRAWALS.—Subject 

18 to valid existing rights, any withdrawal under the public 

19 land laws that includes all or any portion of the Federal 

20 land for which the Bureau of Reclamation has determined 

21 that the Bureau of Reclamation has no further need under 

22 applicable law is relinquished and revoked solely to the ex23 tent necessary— 

24 (1) to exclude from the withdrawal the property 

25 that is no longer needed; and 


emcdonald on DSK67QTVN1PROD with BILLS
12 

•HR 697 RH

1 (2) to allow for the immediate conveyance of the 

2 Federal land as required under this Act. 

3 (c) EXISTING RECLAMATION PROJECT AND PER4 MITTED FACILITIES.—Except as provided in subsection (a), 

5 nothing in this Act diminishes, hinders, or interferes with 

6 the exclusive and perpetual use by the existing rights holders 

7 for the operation, maintenance, and improvement of water 

8 conveyance infrastructure and facilities, including all nec9 essary ingress and egress, situated on the Federal land that 

10 were constructed or permitted by the Bureau of Reclama11 tion before the effective date of this Act. 

12 SEC. 5. ACEC BOUNDARY ADJUSTMENT. 

13 Notwithstanding section 203 of the Federal Land Pol14 icy and Management Act of 1976 (43 U.S.C. 1713), the 

15 boundary of the River Mountains Area of Critical Environ16 mental Concern (NVN 76884) is adjusted to exclude any 

17 portion of the Three Kids Mine Project Site consistent with 

18 the map. 

19 SEC. 6. RESPONSIBILITIES OF THE PARTIES. 

20 (a) RESPONSIBILITY OF PARTIES TO MINE REMEDI21 ATION AND RECLAMATION AGREEMENT.—On completion of 

22 the conveyance under section 3, the responsibility for com23 plying with the mine remediation and reclamation agree24 ment executed under section 3(b)(2) shall apply to the Re25 sponsible Party and the State of Nevada. 


emcdonald on DSK67QTVN1PROD with BILLS
13 

•HR 697 RH

1 (b) SAVINGS PROVISION.—If the conveyance under this 

2 Act has occurred, but the terms of the agreement executed 

3 under section 3(b)(2) have not been met, nothing in this 

4 Act— 

5 (1) affects the responsibility of the Secretary to 

6 take any additional response action necessary to pro7 tect public health and the environment from a release 

8 or the threat of a release of a hazardous substance, 

9 pollutant, or contaminant; or 

10 (2) unless otherwise expressly provided, modifies, 

11 limits, or otherwise affects— 

12 (A) the application of, or obligation to com13 ply with, any law, including any environmental 

14 or public health law; or 

15 (B) the authority of the United States to en16 force compliance with the requirements of any 

17 law or the agreement executed under section 

18 3(b)(2). 

19 SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT 

20 ACT. 

21 Southern Nevada Public Land Management Act of 

22 1998 (31 U.S.C. 6901 note; Public Law 105–263) shall not 

23 apply to land conveyed under this Act. 


emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 99 

113TH CONGRESS 

1ST SESSION H. R. 697 

[Report No. 113–137] 

A BILL 

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 environJULY 8, 2013 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


emcdonald on DSK67QTVN1PROD with BILLS