I 

112TH CONGRESS 

1ST SESSION H. R. 2512 

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 

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 03:18 Jul 14, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.IH H2512

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

3 llllll 2011. 

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 Site 

10 Map’’ and dated llll 2011. 

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) and any other provision of 

15 law, as soon as practicable after fulfillment of the condi16 tions in subsection (b), and subject to valid existing rights, 

17 the Secretary shall convey to the Henderson Redevelop18 ment Agency all right, title, and interest of the United 

19 States in the Three Kids Mine Federal 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 based on the reasonable approximate assessment, reVerDate Mar 15 2010 03:18 Jul 14, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.IH H2512

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1 mediation and reclamation costs as determined pur2 suant to paragraph (3). The Secretary shall begin 

3 the appraisal and cost determination under para4 graphs (2) and (3), respectively, not later than 30 

5 days after the date of the enactment of this Act. 

6 (2) APPRAISAL.—The Secretary shall determine 

7 the fair market value of the Three Kids Mine Fed8 eral Land based on an appraisal without regard to 

9 any existing contamination associated with historical 

10 mining on the property and in accordance with na11 tionally recognized appraisal standards including the 

12 Uniform Appraisal Standards for Federal Land Ac13 quisitions and the Uniform Standards of Profes14 sional Appraisal Practice. 

15 (3) REMEDIATION AND RECLAMATION COSTS.— 

16 The Secretary shall prepare a reasonable approxi17 mate estimation of the costs to assess, remediate, 

18 and reclaim the Three Kids Mine Project Site. This 

19 estimation shall be based upon the results of a com20 prehensive assessment Phase II environmental site 

21 assessment of the Three Kids Mine Project Site pre22 pared by the Henderson Redevelopment Agency or 

23 its designee that has been approved by the State, 

24 and shall be prepared in accordance with the current 

25 version of ASTM International Standard E–2137– 


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1 06 entitled ‘‘Standard Guide for Estimating Mone2 tary Costs and Liabilities for Environmental Mat3 ters’’. The Phase II environmental site assessment 

4 shall, without limiting any additional requirements 

5 that may be required by the State, be conducted in 

6 accordance with the procedures of the current 

7 versions of ASTM International Standard E–1527– 

8 05 entitled ‘‘Standard Practice for Environmental 

9 Site Assessments: Phase I Environmental Site As10 sessment Process’’ and ASTM International Stand11 ard E–1903–97 (2002) entitled ‘‘Standard Guide for 

12 Environmental Site Assessments: Phase II Environ13 mental Site Assessment Process’’. The Secretary 

14 shall review and consider cost information proffered 

15 by the Henderson Redevelopment Agency and the 

16 State. In the event of a disagreement among the 

17 Secretary, Henderson Redevelopment Agency, and 

18 the State over the reasonable approximate estimate 

19 of costs, the parties shall jointly select one or more 

20 experts to assist the Secretary in making the final 

21 determination of such costs. 

22 (4) CONSIDERATION.—The Henderson Redevel23 opment Agency shall pay the fair market value, if 

24 any, as determined under this subsection. 


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1 (5) MINE REMEDIATION AND RECLAMATION

2 AGREEMENT EXECUTED.—The Secretary receives 

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

4 Remediation and Reclamation Agreement has been 

5 executed. The Mine Remediation and Reclamation 

6 Agreement shall be an enforceable consent order or 

7 agreement administered by the State that— 

8 (A) obligates a party to perform the reme9 diation and reclamation work at the Three Kids 

10 Mine Project Site necessary to complete a per11 manent and appropriately protective remedy to 

12 existing environmental contamination and haz13 ardous conditions; and 

14 (B) contains provisions determined to be 

15 necessary by the State, including financial as16 surance provisions to ensure the completion of 

17 such remedy. 

18 (6) NOTIFICATION.—The Secretary receives 

19 from the Henderson Redevelopment Agency notifica20 tion, in writing, that the Henderson Redevelopment 

21 Agency is prepared to accept conveyance of the 

22 Three Kids Mine Federal Land under this Act. 

23 SEC. 4. WITHDRAWAL. 

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

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


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

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

3 Land is withdrawn from all forms of— 

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

5 under the public land laws; 

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

7 laws; and 

8 (3) disposition under the mineral leasing, min9 eral materials, and the geothermal leasing laws. 

10 (b) EXISTING RECLAMATION WITHDRAWALS.—Sub11 ject to valid existing rights, any withdrawal under the pub12 lic land laws that includes all or any portion of the Three 

13 Kids Mine Federal Land for which the Bureau of Rec14 lamation has determined that it has no further need under 

15 applicable law is hereby relinquished and revoked solely 

16 to the extent necessary to exclude from the withdrawal the 

17 no longer needed property and to allow for the immediate 

18 conveyance of the Three Kids Mine Federal Land as re19 quired under this Act. 

20 SEC. 5. ACEC BOUNDARY ADJUSTMENT. 

21 Notwithstanding section 203 of the Federal Land 

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

23 the boundary of the River Mountains Area of Critical En24 vironmental Concern (NVN 76884) is hereby adjusted 


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

2 Site Map’’ and dated lllll 2011. 

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. 

Æ 


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