IIB 

112TH CONGRESS 

2D SESSION H. R. 2512 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2012 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Three Kids Mine Re3 mediation and Reclamation Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) HAZARDOUS SUBSTANCE; POLLUTANT OR

7 CONTAMINANT; RELEASE; REMEDY; RESPONSE.— 

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

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

10 have the meanings respectively set forth for those 

11 terms in section 101 of the Comprehensive Environ12 mental Response, Compensation, and Liability Act 

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

14 (2) HENDERSON REDEVELOPMENT AGENCY.— 

15 The term ‘‘Henderson Redevelopment Agency’’ 

16 means the public body, corporate and politic, known 

17 as the redevelopment agency of the City of Hender18 son, Nevada, established and authorized to transact 

19 business and exercise its powers in accordance with 

20 the Nevada Community Redevelopment Law (Nev. 

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

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

23 the Secretary of the Interior. 

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

25 of Nevada. 


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

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

3 parcel or parcels of Federal land consisting of ap4 proximately 948 acres in sections 26, 34, 35, and 

5 36, Township 21 South, Range 63 East, Mount Dia6 blo Meridian, Nevada, as depicted on the map enti7 tled ‘‘Three Kids Mine Project Area’’ and dated 

8 February 6, 2012. 

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

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

11 Three Kids Mine Federal Land and the adjacent ap12 proximately 314 acres of non-Federal land, together 

13 comprising approximately 1,262 acres, as depicted 

14 on the map entitled ‘‘Three Kids Mine Project 

15 Area’’ and dated February 6, 2012. 

16 SEC. 3. LAND CONVEYANCE. 

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

18 203 of the Federal Land Policy and Management Act of 

19 1976 (43 U.S.C. 1712, 1713) and any other provision of 

20 law, as soon as practicable after fulfillment of the condi21 tions in subsection (b), and subject to valid existing rights, 

22 the Secretary shall convey to the Henderson Redevelop23 ment Agency all right, title, and interest of the United 

24 States in the Three Kids Mine Federal Land. 

25 (b) CONDITIONS.— 


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1 (1) DETERMINATION OF FAIR MARKET

2 VALUE.—The Secretary shall administratively adjust 

3 the fair market value of the Three Kids Mine Fed4 eral Land as determined pursuant to paragraph (2) 

5 by deducting from the fair market value of the 

6 Three Kids Mine Federal Land the reasonable ap7 proximate assessment, remediation and reclamation 

8 costs for the Three Kids Mine Project Area as deter9 mined pursuant to paragraph (3). The Secretary 

10 shall begin the appraisal and cost determination 

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

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

13 Act. 

14 (2) APPRAISAL.—The Secretary shall determine 

15 the fair market value of the Three Kids Mine Fed16 eral Land based on an appraisal without regard to 

17 any existing contamination associated with historical 

18 mining or other uses on the property and in accord19 ance with nationally recognized appraisal standards 

20 including the Uniform Appraisal Standards for Fed21 eral Land Acquisitions and the Uniform Standards 

22 of Professional Appraisal Practice. The Henderson 

23 Redevelopment Agency shall reimburse the Secretary 

24 for costs incurred in performing the appraisal. 


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1 (3) REMEDIATION AND RECLAMATION COSTS.— 

2 The Secretary shall prepare a reasonable approxi3 mate estimation of the costs to assess, remediate, 

4 and reclaim the Three Kids Mine Project Site. This 

5 estimation shall be based upon the results of a com6 prehensive Phase II environmental site assessment 

7 of the Three Kids Mine Project Site prepared by the 

8 Henderson Redevelopment Agency or its designee 

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

10 prepared in accordance with the current version of 

11 ASTM International Standard E–2137–06 entitled 

12 ‘‘Standard Guide for Estimating Monetary Costs 

13 and Liabilities for Environmental Matters’’. The 

14 Phase II environmental site assessment shall, with15 out limiting any additional requirements that may be 

16 required by the State, be conducted in accordance 

17 with the procedures of the current versions of ASTM 

18 International Standard E–1527–05 entitled ‘‘Stand19 ard Practice for Environmental Site Assessments: 

20 Phase I Environmental Site Assessment Process’’ 

21 and ASTM International Standard E–1903–11 enti22 tled ‘‘Standard Practice for Environmental Site As23 sessments: Phase II Environmental Site Assessment 

24 Process’’. The Secretary shall review and consider 

25 cost information proffered by the Henderson RedeVerDate Mar 15 2010 01:49 Jun 07, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.RFS H2512

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1 velopment Agency and the State. In the event of a 

2 disagreement among the Secretary, Henderson Re3 development Agency, and the State over the reason4 able approximate estimate of costs, the parties shall 

5 jointly select one or more experts to advise the Sec6 retary in making the final determination of such 

7 costs. 

8 (4) CONSIDERATION.—The Henderson Redevel9 opment Agency shall pay the fair market value, if 

10 any, as determined under this subsection. 

11 (5) MINE REMEDIATION AND RECLAMATION

12 AGREEMENT EXECUTED.—The Secretary receives 

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

14 Remediation and Reclamation Agreement has been 

15 executed. The Mine Remediation and Reclamation 

16 Agreement shall be an enforceable consent order or 

17 agreement administered by the State that— 

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

19 conveyance of the Three Kids Mine Federal 

20 Land under this Act, the remediation and rec21 lamation work at the Three Kids Mine Project 

22 Site necessary to complete a permanent and ap23 propriately protective remedy to existing envi24 ronmental contamination and hazardous condi25 tions; and 


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1 (B) contains provisions determined to be 

2 necessary by the State, including financial as3 surance provisions to ensure the completion of 

4 such remedy. 

5 (6) NOTIFICATION.—The Secretary receives 

6 from the Henderson Redevelopment Agency notifica7 tion, in writing, that the Henderson Redevelopment 

8 Agency is prepared to accept conveyance of the 

9 Three Kids Mine Federal Land under this Act. Such 

10 notification must occur not later than 90 days after 

11 execution of the Mine Remediation and Reclamation 

12 Agreement referred to in paragraph (5). 

13 SEC. 4. WITHDRAWAL. 

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

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

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

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

18 Land is withdrawn from all forms of— 

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

20 under the public land laws; 

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

22 laws; and 

23 (3) disposition under the mineral leasing, min24 eral materials, and the geothermal leasing laws. 


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1 (b) EXISTING RECLAMATION WITHDRAWALS.—Sub2 ject to valid existing rights, any withdrawal of public land 

3 for reclamation project purposes that includes all or any 

4 portion of the Three Kids Mine Federal Land for which 

5 the Bureau of Reclamation has determined that it has no 

6 further need under applicable law is hereby relinquished 

7 and revoked solely to the extent necessary to exclude from 

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

9 the immediate conveyance of the Three Kids Mine Federal 

10 Land as required under this Act. 

11 (c) EXISTING RECLAMATION PROJECT AND PER12 MITTED FACILITIES.—Without limiting the general appli13 cability of section 3(a), nothing in this Act shall diminish, 

14 hinder, or interfere with the exclusive and perpetual use 

15 by existing rights holders for the operation, maintenance, 

16 and improvement of water conveyance infrastructure and 

17 facilities, including all necessary ingress and egress, situ18 ated on the Three Kids Mine Federal Land that were con19 structed or permitted by the Bureau of Reclamation prior 

20 to 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. 1717), 

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


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

2 Area’’ and dated February 6, 2012. 

3 SEC. 6. RELEASE OF THE UNITED STATES. 

4 Upon making the conveyance under section 3, not5 withstanding any other provision of law, the United States 

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

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

8 of release of any hazardous substance, pollutant, contami9 nant, petroleum product (or derivative of a petroleum 

10 product of any kind), solid waste, mine materials or min11 ing related features (including tailings, overburden, waste 

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

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

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

15 the conveyance. 

16 SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT 

17 ACT. 

18 Southern Nevada Public Land Management Act of 

19 1998 (31 U.S.C. 6901 note; Public Law 105–263) shall 

20 not apply to land conveyed under this Act. 

Passed the House of Representatives June 5, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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