IB 

Union Calendar No. 360 

112TH CONGRESS 

2D SESSION H. R. 2512 

[Report No. 112–512] 

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 

JULY 13, 2011 

Mr. HECK (for himself and Ms. BERKLEY) introduced the following bill; which 

was referred to the Committee on Natural Resources 

JUNE 1, 2012 

Additional sponsor: Mr. AMODEI

JUNE 1, 2012 

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 July 13, 2011] 


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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. 


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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) HAZARDOUS SUBSTANCE; POLLUTANT OR

9 CONTAMINANT; RELEASE; REMEDY; RESPONSE.—The 

10 terms ‘‘hazardous substance’’, ‘‘pollutant or contami11 nant’’, ‘‘release’’, ‘‘remedy’’, and ‘‘response’’ have the 

12 meanings respectively set forth for those terms in sec13 tion 101 of the Comprehensive Environmental Re14 sponse, Compensation, and Liability Act of 1980 (42 

15 U.S.C. 9601). 

16 (2) HENDERSON REDEVELOPMENT AGENCY.—The 

17 term ‘‘Henderson Redevelopment Agency’’ means the 

18 public body, corporate and politic, known as the rede19 velopment agency of the City of Henderson, Nevada, 

20 established and authorized to transact business and 

21 exercise its powers in accordance with the Nevada 

22 Community Redevelopment Law (Nev. Rev. Stat. 

23 279.382 to 279.685, inclusive). 

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

25 the Secretary of the Interior. 


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

2 of Nevada. 

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

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

5 parcel or parcels of Federal land consisting of ap6 proximately 948 acres in sections 26, 34, 35, and 36, 

7 Township 21 South, Range 63 East, Mount Diablo 

8 Meridian, Nevada, as depicted on the map entitled 

9 ‘‘Three Kids Mine Project Area’’ and dated February 

10 6, 2012. 

11 (6) THREE KIDS MINE PROJECT SITE.—The term 

12 ‘‘Three Kids Mine Project Site’’ means the Three Kids 

13 Mine Federal Land and the adjacent approximately 

14 314 acres of non-Federal land, together comprising 

15 approximately 1,262 acres, as depicted on the map 

16 entitled ‘‘Three Kids Mine Project Area’’ and dated 

17 February 6, 2012. 

18 SEC. 3. LAND CONVEYANCE. 

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

20 203 of the Federal Land Policy and Management Act of 

21 1976 (43 U.S.C. 1712, 1713) and any other provision of 

22 law, as soon as practicable after fulfillment of the conditions 

23 in subsection (b), and subject to valid existing rights, the 

24 Secretary shall convey to the Henderson Redevelopment 


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1 Agency all right, title, and interest of the United States in 

2 the Three Kids Mine Federal Land. 

3 (b) CONDITIONS.— 

4 (1) DETERMINATION OF FAIR MARKET VALUE.— 

5 The Secretary shall administratively adjust the fair 

6 market value of the Three Kids Mine Federal Land as 

7 determined pursuant to paragraph (2) by deducting 

8 from the fair market value of the Three Kids Mine 

9 Federal Land the reasonable approximate assessment, 

10 remediation and reclamation costs for the Three Kids 

11 Mine Project Area as determined pursuant to para12 graph (3). The Secretary shall begin the appraisal 

13 and cost determination under paragraphs (2) and 

14 (3), respectively, not later than 30 days after the date 

15 of the enactment of this Act. 

16 (2) APPRAISAL.—The Secretary shall determine 

17 the fair market value of the Three Kids Mine Federal 

18 Land based on an appraisal without regard to any 

19 existing contamination associated with historical 

20 mining or other uses on the property and in accord21 ance with nationally recognized appraisal standards 

22 including the Uniform Appraisal Standards for Fed23 eral Land Acquisitions and the Uniform Standards of 

24 Professional Appraisal Practice. The Henderson RedeVerDate Mar 15 2010 21:19 Jun 01, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2512.RH H2512

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1 velopment Agency shall reimburse the Secretary for 

2 costs incurred in performing the appraisal. 

3 (3) REMEDIATION AND RECLAMATION COSTS.— 

4 The Secretary shall prepare a reasonable approximate 

5 estimation of the costs to assess, remediate, and re6 claim the Three Kids Mine Project Site. This esti7 mation shall be based upon the results of a com8 prehensive Phase II environmental site assessment of 

9 the Three Kids Mine Project Site prepared by the 

10 Henderson Redevelopment Agency or its designee that 

11 has been approved by the State, and shall be prepared 

12 in accordance with the current version of ASTM 

13 International Standard E–2137–06 entitled ‘‘Stand14 ard Guide for Estimating Monetary Costs and Liabil15 ities for Environmental Matters’’. The Phase II envi16 ronmental site assessment shall, without limiting any 

17 additional requirements that may be required by the 

18 State, be conducted in accordance with the procedures 

19 of the current versions of ASTM International Stand20 ard E–1527–05 entitled ‘‘Standard Practice for Envi21 ronmental Site Assessments: Phase I Environmental 

22 Site Assessment Process’’ and ASTM International 

23 Standard E–1903–11 entitled ‘‘Standard Practice for 

24 Environmental Site Assessments: Phase II Environ25 mental Site Assessment Process’’. The Secretary shall 


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1 review and consider cost information proffered by the 

2 Henderson Redevelopment Agency and the State. In 

3 the event of a disagreement among the Secretary, 

4 Henderson Redevelopment Agency, and the State over 

5 the reasonable approximate estimate of costs, the par6 ties shall jointly select one or more experts to advise 

7 the Secretary in making the final determination of 

8 such costs. 

9 (4) CONSIDERATION.—The Henderson Redevelop10 ment Agency shall pay the fair market value, if any, 

11 as determined under this subsection. 

12 (5) MINE REMEDIATION AND RECLAMATION

13 AGREEMENT EXECUTED.—The Secretary receives from 

14 the State notification, in writing, that the Mine Re15 mediation and Reclamation Agreement has been exe16 cuted. The Mine Remediation and Reclamation 

17 Agreement shall be an enforceable consent order or 

18 agreement administered by the State that— 

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

20 conveyance of the Three Kids Mine Federal Land 

21 under this Act, the remediation and reclamation 

22 work at the Three Kids Mine Project Site nec23 essary to complete a permanent and appro24 priately protective remedy to existing environVerDate Mar 15 2010 21:19 Jun 01, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2512.RH H2512

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1 mental contamination and hazardous conditions; 

2 and 

3 (B) contains provisions determined to be 

4 necessary by the State, including financial as5 surance provisions to ensure the completion of 

6 such remedy. 

7 (6) NOTIFICATION.—The Secretary receives from 

8 the Henderson Redevelopment Agency notification, in 

9 writing, that the Henderson Redevelopment Agency is 

10 prepared to accept conveyance of the Three Kids Mine 

11 Federal Land under this Act. Such notification must 

12 occur not later than 90 days after execution of the 

13 Mine Remediation and Reclamation Agreement re14 ferred to in paragraph (5). 

15 SEC. 4. WITHDRAWAL. 

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

17 the 10-year period following the date of the enactment of 

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

19 Act, whichever is earlier, the Three Kids Mine Federal Land 

20 is withdrawn from all forms of— 

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

22 under the public land laws; 

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

24 laws; and 


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1 (3) disposition under the mineral leasing, min2 eral materials, and the geothermal leasing laws. 

3 (b) EXISTING RECLAMATION WITHDRAWALS.—Subject 

4 to valid existing rights, any withdrawal of public land for 

5 reclamation project purposes that includes all or any por6 tion of the Three Kids Mine Federal Land for which the 

7 Bureau of Reclamation has determined that it has no fur8 ther need under applicable law is hereby relinquished and 

9 revoked solely to the extent necessary to exclude from the 

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

11 immediate conveyance of the Three Kids Mine Federal 

12 Land as required under this Act. 

13 (c) EXISTING RECLAMATION PROJECT AND PER14 MITTED FACILITIES.—Without limiting the general appli15 cability of section 3(a), nothing in this Act shall diminish, 

16 hinder, or interfere with the exclusive and perpetual use by 

17 existing rights holders for the operation, maintenance, and 

18 improvement of water conveyance infrastructure and facili19 ties, including all necessary ingress and egress, situated on 

20 the Three Kids Mine Federal Land that were constructed 

21 or permitted by the Bureau of Reclamation prior to the ef22 fective date of this Act. 

23 SEC. 5. ACEC BOUNDARY ADJUSTMENT. 

24 Notwithstanding section 203 of the Federal Land Pol25 icy and Management Act of 1976 (43 U.S.C. 1717), the 


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1 boundary of the River Mountains Area of Critical Environ2 mental Concern (NVN 76884) is hereby adjusted consistent 

3 with the map entitled ‘‘Three Kids Mine Project Area’’ and 

4 dated February 6, 2012. 

5 SEC. 6. RELEASE OF THE UNITED STATES. 

6 Upon making the conveyance under section 3, notwith7 standing any other provision of law, the United States is 

8 released from any and all liabilities or claims of any kind 

9 or nature arising from the presence, release, or threat of 

10 release of any hazardous substance, pollutant, contaminant, 

11 petroleum product (or derivative of a petroleum product of 

12 any kind), solid waste, mine materials or mining related 

13 features (including tailings, overburden, waste rock, mill 

14 remnants, pits, or other hazards resulting from the presence 

15 of mining related features) at the Three Kids Mine Project 

16 Site in existence on or before the date of the conveyance. 

17 SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT 

18 ACT. 

19 Southern Nevada Public Land Management Act of 

20 1998 (31 U.S.C. 6901 note; Public Law 105–263) shall not 

21 apply to land conveyed under this Act. 


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Union Calendar No. 360 

112TH CONGRESS 

2D SESSION H. R. 2512 

[Report No. 112–512] 

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 environJUNE 1, 2012 

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


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