IIB 
113TH CONGRESS 
1ST SESSION 
H. R. 697 
IN THE SENATE OF THE UNITED STATES 
JULY 23, 2013 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS
HR 697 RFS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Three Kids Mine Re-
mediation and Reclamation Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the approximately 948 acres of Bureau of 
Reclamation and Bureau of Land Management land 
within the Three Kids Mine Project Site, as depicted 
on the map. 
(2) HAZARDOUS
SUBSTANCE; POLLUTANT
OR 
CONTAMINANT; REMEDY.—The terms ‘‘hazardous 
substance’’, ‘‘pollutant or contaminant’’, and ‘‘rem-
edy’’ have the meanings given those terms in section 
101 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9601). 
(3) HENDERSON REDEVELOPMENT AGENCY.— 
The term ‘‘Henderson Redevelopment Agency’’ 
means the redevelopment agency of the City of Hen-
derson, Nevada, established and authorized to trans-
act business and exercise the powers of the agency 
in accordance with the Nevada Community Redevel-
opment Law (Nev. Rev. Stat. 279.382 to 279.685). 
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS
HR 697 RFS
(4) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Three Kids Mine Project Area’’ and dated 
February 6, 2012. 
(5) RESPONSIBLE PARTY.—The term ‘‘Respon-
sible Party’’ means the private sector entity des-
ignated by the Henderson Redevelopment Agency, 
and approved by the State of Nevada, to complete 
the assessment, remediation, reclamation and rede-
velopment of the Three Kids Mine Project Site). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) STATE.—The term ‘‘State’’ means the State 
of Nevada. 
(8) THREE
KIDS
MINE
PROJECT
SITE.—The 
term ‘‘Three Kids Mine Project Site’’ means the ap-
proximately 1,262 acres of land that is— 
(A) comprised of— 
(i) the Federal land; and 
(ii) the approximately 314 acres of 
adjacent non-Federal land; and 
(B) depicted as the ‘‘Three Kids Mine 
Project Site’’ on the map. 
SEC. 3. LAND CONVEYANCE. 
(a) IN GENERAL.—Notwithstanding sections 202 and 
203 of the Federal Land Policy and Management Act of 
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS
HR 697 RFS
1976 (43 U.S.C. 1712, 1713), not later than 90 days after 
the date on which the Secretary determines that the condi-
tions described in subsection (b) have been met, and sub-
ject to valid existing rights and applicable law, the Sec-
retary shall convey to the Henderson Redevelopment 
Agency all right, title, and interest of the United States 
in and to the Federal land. 
(b) CONDITIONS.— 
(1) APPRAISAL; FAIR MARKET VALUE.— 
(A) IN
GENERAL.—As consideration for 
the conveyance under subsection (a), the Hen-
derson Redevelopment Agency shall pay the fair 
market value of the Federal land, if any, as de-
termined under subparagraph (B) and as ad-
justed under subparagraph (F). 
(B) APPRAISAL.—The Secretary shall de-
termine the fair market value of the Federal 
land based on an appraisal— 
(i) that is conducted in accordance 
with nationally recognized appraisal stand-
ards, including— 
(I) the Uniform Appraisal Stand-
ards for Federal Land Acquisitions; 
and 
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS
HR 697 RFS
(II) the Uniform Standards of 
Professional Appraisal Practice; and 
(ii) that does not take into account 
any existing contamination associated with 
historical mining on the Federal land. 
(C) 
REMEDIATION
AND
RECLAMATION 
COSTS.— 
(i) IN GENERAL.—The Secretary shall 
prepare a reasonable estimate of the costs 
to assess, remediate, and reclaim the Three 
Kids Mine Project Site. 
(ii) CONSIDERATIONS.—The estimate 
prepared under clause (i) shall be— 
(I) based on the results of a com-
prehensive Phase II environmental 
site assessment of the Three Kids 
Mine Project Site prepared by the 
Henderson Redevelopment Agency or 
a Responsible Party that has been ap-
proved by the State; and 
(II) prepared in accordance with 
the current version of the ASTM 
International Standard E–2137–06 
(2011) entitled ‘‘Standard Guide for 
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS
HR 697 RFS
Estimating Monetary Costs and Li-
abilities for Environmental Matters’’. 
(iii) ASSESSMENT
REQUIREMENTS.— 
The Phase II environmental site assess-
ment prepared under clause (ii)(I) shall, 
without limiting any additional require-
ments that may be required by the State, 
be conducted in accordance with the proce-
dures of— 
(I) the most recent version of 
ASTM International Standard E– 
1527–05 entitled ‘‘Standard Practice 
for Environmental Site Assessments: 
Phase I Environmental Site Assess-
ment Process’’; and 
(II) the most recent version of 
ASTM International Standard E– 
1903–11 entitled ‘‘Standard Guide for 
Environmental 
Site 
Assessments: 
Phase II Environmental Site Assess-
ment Process’’. 
(iv) REVIEW
OF
CERTAIN
INFORMA-
TION.— 
(I) IN GENERAL.—The Secretary 
shall review and consider cost infor-
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS
HR 697 RFS
mation proffered by the Henderson 
Redevelopment Agency, the Respon-
sible Party, and the State in the prep-
aration of the estimate under this 
subparagraph. 
(II) FINAL DETERMINATION.—If 
there is a disagreement among the 
Secretary, Henderson Redevelopment 
Agency, and the State over the rea-
sonable estimate of costs under this 
subparagraph, the parties shall jointly 
select 1 or more experts to assist the 
Secretary in making the final estimate 
of the costs. 
(D) DEADLINE.—Not later than 30 days 
after the date of enactment of this Act, the Sec-
retary shall begin the appraisal and cost esti-
mates under subparagraphs (B) and (C), re-
spectively. 
(E) APPRAISAL
COSTS.—The Henderson 
Redevelopment Agency or the Responsible 
Party shall reimburse the Secretary for the 
costs incurred in performing the appraisal 
under subparagraph (B). 
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS
HR 697 RFS
(F) ADJUSTMENT.—The Secretary shall 
administratively adjust the fair market value of 
the Federal land, as determined under subpara-
graph (B), based on the estimate of remedi-
ation, and reclamation costs, as determined 
under subparagraph (C). 
(2) MINE
REMEDIATION
AND
RECLAMATION 
AGREEMENT EXECUTED.— 
(A) IN GENERAL.—The conveyance under 
subsection (a) shall be contingent on— 
(i) the Secretary receiving from the 
State written notification that a mine re-
mediation and reclamation agreement has 
been executed in accordance with subpara-
graph (B); and 
(ii) the Secretary concurring, not later 
than 30 days after the date of receipt of 
the written notification under clause (i), 
that the requirements under subparagraph 
(B) have been met. 
(B) REQUIREMENTS.—The mine remedi-
ation and reclamation agreement required 
under subparagraph (A) shall be an enforceable 
consent order or agreement between the State 
and the Responsible Party who will be obligated 
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS
HR 697 RFS
to perform under the consent order or agree-
ment administered by the State that— 
(i) obligates the Responsible Party to 
perform, after the conveyance of the Fed-
eral land under this Act, the remediation 
and reclamation work at the Three Kids 
Mine Project Site necessary to ensure all 
remedial actions necessary to protect 
human health and the environment with 
respect to any hazardous substances, pol-
lutant, or contaminant will be taken, in ac-
cordance with all Federal, State, and local 
requirements; and 
(ii) contains provisions determined to 
be necessary by the State and the Hender-
son Redevelopment Agency, including fi-
nancial assurance provisions to ensure the 
completion of the remedy. 
(3) NOTIFICATION FROM AGENCY.—As a condi-
tion of the conveyance under subsection (a), not 
later than 90 days after the date of execution of the 
mine remediation and reclamation agreement re-
quired under paragraph (2), the Secretary shall ac-
cept written notification from the Henderson Rede-
velopment Agency that the Henderson Redevelop-
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS
HR 697 RFS
ment Agency is prepared to accept conveyance of the 
Federal land under subsection (a). 
SEC. 4. WITHDRAWAL. 
(a) IN GENERAL.—Subject to valid existing rights, 
for the 10-year period beginning on the earlier of the date 
of enactment of this Act or the date of the conveyance 
required by this Act, the Federal land is withdrawn from 
all forms of— 
(1) entry, appropriation, operation, or disposal 
under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) disposition under the mineral leasing, min-
eral materials, and the geothermal leasing laws. 
(b) EXISTING RECLAMATION WITHDRAWALS.—Sub-
ject to valid existing rights, any withdrawal under the pub-
lic land laws that includes all or any portion of the Federal 
land for which the Bureau of Reclamation has determined 
that the Bureau of Reclamation has no further need under 
applicable law is relinquished and revoked solely to the ex-
tent necessary— 
(1) to exclude from the withdrawal the property 
that is no longer needed; and 
(2) to allow for the immediate conveyance of 
the Federal land as required under this Act. 
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS
HR 697 RFS
(c) EXISTING RECLAMATION PROJECT
AND PER-
MITTED FACILITIES.—Except as provided in subsection 
(a), nothing in this Act diminishes, hinders, or interferes 
with the exclusive and perpetual use by the existing rights 
holders for the operation, maintenance, and improvement 
of water conveyance infrastructure and facilities, including 
all necessary ingress and egress, situated on the Federal 
land that were constructed or permitted by the Bureau 
of Reclamation before the effective date of this Act. 
SEC. 5. ACEC BOUNDARY ADJUSTMENT. 
Notwithstanding section 203 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1713), 
the boundary of the River Mountains Area of Critical En-
vironmental Concern (NVN 76884) is adjusted to exclude 
any portion of the Three Kids Mine Project Site consistent 
with the map. 
SEC. 6. RESPONSIBILITIES OF THE PARTIES. 
(a) RESPONSIBILITY OF PARTIES TO MINE REMEDI-
ATION AND RECLAMATION AGREEMENT.—On completion 
of the conveyance under section 3, the responsibility for 
complying with the mine remediation and reclamation 
agreement executed under section 3(b)(2) shall apply to 
the Responsible Party and the State of Nevada. 
(b) SAVINGS PROVISION.—If the conveyance under 
this Act has occurred, but the terms of the agreement exe-
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS
HR 697 RFS
cuted under section 3(b)(2) have not been met, nothing 
in this Act— 
(1) affects the responsibility of the Secretary to 
take any additional response action necessary to pro-
tect public health and the environment from a re-
lease or the threat of a release of a hazardous sub-
stance, pollutant, or contaminant; or 
(2) unless otherwise expressly provided, modi-
fies, limits, or otherwise affects— 
(A) the application of, or obligation to 
comply with, any law, including any environ-
mental or public health law; or 
(B) the authority of the United States to 
enforce compliance with the requirements of 
any law or the agreement executed under sec-
tion 3(b)(2). 
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS
HR 697 RFS
SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT 
ACT. 
Southern Nevada Public Land Management Act of 
1998 (31 U.S.C. 6901 note; Public Law 105–263) shall 
not apply to land conveyed under this Act. 
Passed the House of Representatives July 22, 2013. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Mar 15 2010 
23:11 Jul 23, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H697.RFS
H697
TKELLEY on DSK3SPTVN1PROD with BILLS