II 

113TH CONGRESS 

1ST SESSION S. 343 

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 SENATE OF THE UNITED STATES 

FEBRUARY 14, 2013 

Mr. REID (for himself and Mr. HELLER) introduced the following bill; which 

was read twice and referred to the Committee on Energy and 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) 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) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior. 


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

2 of Nevada. 

3 (7) THREE KIDS MINE PROJECT SITE.—The 

4 term ‘‘Three Kids Mine Project Site’’ means the ap5 proximately 1,262 acres of land that is— 

6 (A) comprised of— 

7 (i) the Federal land; and 

8 (ii) the approximately 314 acres of 

9 adjacent non-Federal land; and 

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

11 Project Site’’ on the map. 

12 SEC. 3. LAND CONVEYANCE. 

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

14 203 of the Federal Land Policy and Management Act of 

15 1976 (43 U.S.C. 1712, 1713), not later than 90 days after 

16 the date on which the Secretary determines that the condi17 tions described in subsection (b) have been met, and sub18 ject to valid existing rights and applicable law, the Sec19 retary shall convey to the Henderson Redevelopment 

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

21 in and to the Federal land. 

22 (b) CONDITIONS.— 

23 (1) APPRAISAL; FAIR MARKET VALUE.— 

24 (A) IN GENERAL.—As consideration for 

25 the conveyance under subsection (a), the HenVerDate Mar 15 2010 01:28 Feb 27, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S343.IS S343

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1 derson Redevelopment Agency shall pay the fair 

2 market value of the Federal land, if any, as de3 termined under subparagraph (B) and as ad4 justed under subparagraph (F). 

5 (B) APPRAISAL.—The Secretary shall de6 termine the fair market value of the Federal 

7 land based on an appraisal— 

8 (i) that is conducted in accordance 

9 with nationally recognized appraisal stand10 ards, including— 

11 (I) the Uniform Appraisal Stand12 ards for Federal Land Acquisitions; 

13 and 

14 (II) the Uniform Standards of 

15 Professional Appraisal Practice; and 

16 (ii) that does not take into account 

17 any existing contamination associated with 

18 historical mining on the Federal land. 

19 (C) REMEDIATION AND RECLAMATION

20 COSTS.— 

21 (i) IN GENERAL.—The Secretary shall 

22 prepare a reasonable estimate of the costs 

23 to assess, remediate, and reclaim the Three 

24 Kids Mine Project Site. 


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1 (ii) CONSIDERATIONS.—The estimate 

2 prepared under clause (i) shall be— 

3 (I) based on the results of a com4 prehensive Phase II environmental 

5 site assessment of the Three Kids 

6 Mine Project Site prepared by the 

7 Henderson Redevelopment Agency or 

8 a designee that has been approved by 

9 the State; and 

10 (II) prepared in accordance with 

11 the current version of the ASTM 

12 International Standard E–2137–06 

13 entitled ‘‘Standard Guide for Esti14 mating Monetary Costs and Liabilities 

15 for Environmental Matters’’. 

16 (iii) ASSESSMENT REQUIREMENTS.— 

17 The Phase II environmental site assess18 ment prepared under clause (ii)(I) shall, 

19 without limiting any additional require20 ments that may be required by the State, 

21 be conducted in accordance with the proce22 dures of— 

23 (I) the most recent version of 

24 ASTM International Standard E– 

25 1527–05 entitled ‘‘Standard Practice 


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1 for Environmental Site Assessments: 

2 Phase I Environmental Site Assess3 ment Process’’; and 

4 (II) the most recent version of 

5 ASTM International Standard E– 

6 1903–11 entitled ‘‘Standard Guide for 

7 Environmental Site Assessments: 

8 Phase II Environmental Site Assess9 ment Process’’. 

10 (iv) REVIEW OF CERTAIN INFORMA11 TION.— 

12 (I) IN GENERAL.—The Secretary 

13 shall review and consider cost infor14 mation proffered by the Henderson 

15 Redevelopment Agency and the State 

16 in the preparation of the estimate 

17 under this subparagraph. 

18 (II) FINAL DETERMINATION.—If 

19 there is a disagreement among the 

20 Secretary, Henderson Redevelopment 

21 Agency, and the State over the rea22 sonable estimate of costs under this 

23 subparagraph, the parties shall jointly 

24 select 1 or more experts to assist the 


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1 Secretary in making the final estimate 

2 of the costs. 

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

4 after the date of enactment of this Act, the Sec5 retary shall begin the appraisal and cost esti6 mates under subparagraphs (B) and (C), re7 spectively. 

8 (E) APPRAISAL COSTS.—The Henderson 

9 Redevelopment Agency shall reimburse the Sec10 retary for the costs incurred in performing the 

11 appraisal under subparagraph (B). 

12 (F) ADJUSTMENT.—The Secretary shall 

13 administratively adjust the fair market value of 

14 the Federal land, as determined under subpara15 graph (B), based on the estimate of remedi16 ation, and reclamation costs, as determined 

17 under subparagraph (C). 

18 (2) MINE REMEDIATION AND RECLAMATION

19 AGREEMENT EXECUTED.— 

20 (A) IN GENERAL.—The conveyance under 

21 subsection (a) shall be contingent on— 

22 (i) the Secretary receiving from the 

23 State written notification that a mine re24 mediation and reclamation agreement has 


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1 been executed in accordance with subpara2 graph (B); and 

3 (ii) the Secretary concurring, by the 

4 date that is 30 days after the date of re5 ceipt of the written notification under 

6 clause (i), that the requirements under 

7 subparagraph (B) have been met. 

8 (B) REQUIREMENTS.—The mine remedi9 ation and reclamation agreement required 

10 under subparagraph (A) shall be an enforceable 

11 consent order or agreement between the State 

12 and a party obligated to perform under the con13 sent order or agreement administered by the 

14 State that— 

15 (i) obligates a party to perform, after 

16 the conveyance of the Federal land under 

17 this Act, the remediation and reclamation 

18 work at the Three Kids Mine Project Site 

19 necessary to ensure all remedial actions 

20 necessary to protect human health and the 

21 environment with respect to any hazardous 

22 substances, pollutant, or contaminant will 

23 be taken, in accordance with all Federal, 

24 State, and local requirements; and 


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1 (ii) contains provisions determined to 

2 be necessary by the State, including finan3 cial assurance provisions to ensure the 

4 completion of the remedy. 

5 (3) NOTIFICATION FROM AGENCY.—As a condi6 tion of the conveyance under subsection (a), not 

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

8 mine remediation and reclamation agreement re9 quired under paragraph (2), the Henderson Redevel10 opment Agency shall submit to the Secretary written 

11 notification that the Henderson Redevelopment 

12 Agency is prepared to accept conveyance of the Fed13 eral land under subsection (a). 

14 SEC. 4. WITHDRAWAL. 

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

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

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

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

19 all forms of— 

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

21 under the public land laws; 

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

23 laws; and 

24 (3) disposition under the mineral leasing, min25 eral materials, and the geothermal leasing laws. 


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1 (b) EXISTING RECLAMATION WITHDRAWALS.—Sub2 ject to valid existing rights, any withdrawal under the pub3 lic land laws that includes all or any portion of the Federal 

4 land for which the Bureau of Reclamation has determined 

5 that the Bureau of Reclamation has no further need under 

6 applicable law is relinquished and revoked solely to the ex7 tent necessary— 

8 (1) to exclude from the withdrawal the property 

9 that is no longer needed; and 

10 (2) to allow for the immediate conveyance of 

11 the Federal land as required under this Act. 

12 (c) EXISTING RECLAMATION PROJECT AND PER13 MITTED FACILITIES.—Except as provided in subsection 

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

15 with the exclusive and perpetual use by the existing rights 

16 holders for the operation, maintenance, and improvement 

17 of water conveyance infrastructure and facilities, including 

18 all necessary ingress and egress, situated on the Federal 

19 land that were constructed or permitted by the Bureau 

20 of Reclamation before the effective date of this Act. 

21 SEC. 5. ACEC BOUNDARY ADJUSTMENT. 

22 Notwithstanding section 203 of the Federal Land 

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

24 the boundary of the River Mountains Area of Critical En25 vironmental Concern (NVN 76884) is adjusted to exclude 


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1 any portion of the Three Kids Mine Project Site consistent 

2 with the map. 

3 SEC. 6. RESPONSIBILITIES OF THE PARTIES. 

4 (a) RESPONSIBILITY OF PARTIES TO MINE REMEDI5 ATION AND RECLAMATION AGREEMENT.—On completion 

6 of the conveyance under section 3, the responsibility for 

7 complying with the mine remediation and reclamation 

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

9 the parties to the agreement. 

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

11 this Act has occurred, but the terms of the agreement exe12 cuted under section 3(b)(2) have not been met, nothing 

13 in this Act— 

14 (1) affects the responsibility of the Secretary to 

15 take any additional response action necessary to pro16 tect public health and the environment from a re17 lease or the threat of a release of a hazardous sub18 stance, pollutant, or contaminant; or 

19 (2) unless otherwise expressly provided, modi20 fies, limits, or otherwise affects— 

21 (A) the application of, or obligation to 

22 comply with, any law, including any environ23 mental or public health law; or 

24 (B) the authority of the United States to 

25 enforce compliance with the requirements of 


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1 any law or the agreement executed under sec2 tion 3(b)(2). 

Æ 


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