Three Kids Mine Remediation and Reclamation Act

Bill: 113-hr-697
Sponsor: full_name: Rep. Heck, Joseph J. [R-NV-3]
Introduced: 2013-02-14
Policy area: Public Lands and Natural Resources
Subjects: Environmental assessment, monitoring, research

Hazardous wastes and toxic substances

Land transfers

Mining

Nevada
Latest action: action_date: 2014-07-25
text: Became Public Law No: 113-135.

Summaries:
action_date: 2013-02-14
action_desc: Introduced in House
text: <p>Three Kids Mine Remediation and Reclamation Act - Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, the Three Kids Mine Federal Land (the parcel or parcels of federal land consisting of approximately 948 specified acres) for the environmental remediation and reclamation of the Three Kids Mine Project Site. </p> <p>Directs the Secretary to administratively adjust the fair market value of the Three Kids Mine Federal Land based on the reasonable approximate assessment, remediation, and reclamation costs for the Three Kids Mine Project Area. </p> <p> Requires the Henderson Redevelopment Agency to pay the fair market value, if any for the Three Kids Mine Federal Land. </p> <p> Adjusts the boundary of the River Mountains Area of Critical Environmental Concern. </p> <p> Releases the United States, upon making the conveyance, from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance or mining related materials at the Three Kids Mine Project Site. </p> <p> Makes the provisions of the Southern Nevada Public Land Management Act of 1998 inapplicable to land conveyed under this Act. </p>

action_date: 2013-07-08
action_desc: Reported to House with amendment(s)
text: <p>Three Kids Mine Remediation and Reclamation Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, all right, title, and interest of the United States of the approximately 948 identified acres of Bureau of Reclamation and Bureau of Land Management (BLM) land within the Three Kids Mine Project Site (the federal land). </p> <p>Requires the Henderson Redevelopment Agency to pay the fair market value, if any, for the federal land. </p> <p>Directs the Secretary to determine the fair market value of the federal land based on an appraisal that does not take into account any existing contamination. Requires the Henderson Redevelopment Agency to reimburse the Secretary for appraisal costs.</p> <p>Directs the Secretary to prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. </p> <p>Requires the Mine Remediation and Reclamation Agreement to be an enforceable consent order or agreement administered by the state. </p>  <p>(Sec. 4) Withdraws the federal land, for a 10-year period, beginning on the earlier of enactment, or on the date of conveyance, from: (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, mineral materials, and the geothermal leasing laws. </p> <p>Relinquishes and revokes, subject to valid existing rights, any withdrawal that includes any portion of the federal land for which the Bureau of Reclamation has no further need. </p> <p>Declares that nothing in this Act diminishes, hinders, or interferes with the exclusive and perpetual use by existing rights holders of the operation, maintenance, and improvement of water conveyance infrastructure and facilities situated on the federal land constructed or permitted by the Bureau of Reclamation before the effective date of this Act.</p> <p>(Sec. 5) Adjusts the boundary of the River Mountains Area of Critical Environmental Concern to exclude any portion of the Three Kids Mine Project Site.</p> <p>(Sec. 6) Applies the responsibility for complying with the mine remediation and reclamation agreement executed under section 3, upon completion of the conveyance, to the responsible party and the state of Nevada. (Defines &quot;responsible party&quot; as the private sector entity designated by the Henderson Redevelopment Agency, and approved by the state, to complete the assessment, remediation, reclamation, and redevelopment of the Three Kids Mine Project Site.)</p>  <p> (Sec. 7) Makes the Southern Nevada Public Land Management Act of 1998 inapplicable to land conveyed under this Act.</p>

action_date: 2013-07-22
action_desc: Passed House amended
text: <p><b>(This measure has not been amended since it was reported to the House on July 8, 2013. The summary of that version is repeated here.)</b></p> <p>Three Kids Mine Remediation and Reclamation Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, all right, title, and interest of the United States of the approximately 948 identified acres of Bureau of Reclamation and Bureau of Land Management (BLM) land within the Three Kids Mine Project Site (the federal land). </p> <p>Requires the Henderson Redevelopment Agency to pay the fair market value, if any, for the federal land. </p> <p>Directs the Secretary to determine the fair market value of the federal land based on an appraisal that does not take into account any existing contamination. Requires the Henderson Redevelopment Agency to reimburse the Secretary for appraisal costs.</p> <p>Directs the Secretary to prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. </p> <p>Requires the Mine Remediation and Reclamation Agreement to be an enforceable consent order or agreement administered by the state. </p>  <p>(Sec. 4) Withdraws the federal land, for a 10-year period, beginning on the earlier of enactment, or on the date of conveyance, from: (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, mineral materials, and the geothermal leasing laws. </p> <p>Relinquishes and revokes, subject to valid existing rights, any withdrawal that includes any portion of the federal land for which the Bureau of Reclamation has no further need. </p> <p>Declares that nothing in this Act diminishes, hinders, or interferes with the exclusive and perpetual use by existing rights holders of the operation, maintenance, and improvement of water conveyance infrastructure and facilities situated on the federal land constructed or permitted by the Bureau of Reclamation before the effective date of this Act.</p> <p>(Sec. 5) Adjusts the boundary of the River Mountains Area of Critical Environmental Concern to exclude any portion of the Three Kids Mine Project Site.</p> <p>(Sec. 6) Applies the responsibility for complying with the mine remediation and reclamation agreement executed under section 3, upon completion of the conveyance, to the responsible party and the state of Nevada. (Defines &quot;responsible party&quot; as the private sector entity designated by the Henderson Redevelopment Agency, and approved by the state, to complete the assessment, remediation, reclamation, and redevelopment of the Three Kids Mine Project Site.)</p>  <p> (Sec. 7) Makes the Southern Nevada Public Land Management Act of 1998 inapplicable to land conveyed under this Act.</p>

action_date: 2014-04-08
action_desc: Reported to Senate without amendment
text: <p><b>(This measure has not been amended since it was reported to the House on July 8, 2013. The summary of that version is repeated here.)</b></p> <p>Three Kids Mine Remediation and Reclamation Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, all right, title, and interest of the United States of the approximately 948 identified acres of Bureau of Reclamation and Bureau of Land Management (BLM) land within the Three Kids Mine Project Site (the federal land). </p> <p>Requires the Henderson Redevelopment Agency to pay the fair market value, if any, for the federal land. </p> <p>Directs the Secretary to determine the fair market value of the federal land based on an appraisal that does not take into account any existing contamination. Requires the Henderson Redevelopment Agency to reimburse the Secretary for appraisal costs.</p> <p>Directs the Secretary to prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. </p> <p>Requires the Mine Remediation and Reclamation Agreement to be an enforceable consent order or agreement administered by the state. </p> <p>(Sec. 4) Withdraws the federal land, for a 10-year period, beginning on the earlier of enactment, or on the date of conveyance, from: (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, mineral materials, and the geothermal leasing laws. </p> <p>Relinquishes and revokes, subject to valid existing rights, any withdrawal that includes any portion of the federal land for which the Bureau of Reclamation has no further need. </p> <p>Declares that nothing in this Act diminishes, hinders, or interferes with the exclusive and perpetual use by existing rights holders of the operation, maintenance, and improvement of water conveyance infrastructure and facilities situated on the federal land constructed or permitted by the Bureau of Reclamation before the effective date of this Act.</p> <p>(Sec. 5) Adjusts the boundary of the River Mountains Area of Critical Environmental Concern to exclude any portion of the Three Kids Mine Project Site.</p> <p>(Sec. 6) Applies the responsibility for complying with the mine remediation and reclamation agreement executed under section 3, upon completion of the conveyance, to the responsible party and the state of Nevada. (Defines &quot;responsible party&quot; as the private sector entity designated by the Henderson Redevelopment Agency, and approved by the state, to complete the assessment, remediation, reclamation, and redevelopment of the Three Kids Mine Project Site.)</p> <p> (Sec. 7) Makes the Southern Nevada Public Land Management Act of 1998 inapplicable to land conveyed under this Act.</p>

action_date: 2014-07-09
action_desc: Passed Senate without amendment
text: <p><b>(This measure has not been amended since it was reported to the House on July 8, 2013. The summary of that version is repeated here.)</b></p> <p>Three Kids Mine Remediation and Reclamation Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, all right, title, and interest of the United States of the approximately 948 identified acres of Bureau of Reclamation and Bureau of Land Management (BLM) land within the Three Kids Mine Project Site (the federal land). </p> <p>Requires the Henderson Redevelopment Agency to pay the fair market value, if any, for the federal land. </p> <p>Directs the Secretary to determine the fair market value of the federal land based on an appraisal that does not take into account any existing contamination. Requires the Henderson Redevelopment Agency to reimburse the Secretary for appraisal costs.</p> <p>Directs the Secretary to prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. </p> <p>Requires the Mine Remediation and Reclamation Agreement to be an enforceable consent order or agreement administered by the state. </p> <p>(Sec. 4) Withdraws the federal land, for a 10-year period, beginning on the earlier of enactment, or on the date of conveyance, from: (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, mineral materials, and the geothermal leasing laws. </p> <p>Relinquishes and revokes, subject to valid existing rights, any withdrawal that includes any portion of the federal land for which the Bureau of Reclamation has no further need. </p> <p>Declares that nothing in this Act diminishes, hinders, or interferes with the exclusive and perpetual use by existing rights holders of the operation, maintenance, and improvement of water conveyance infrastructure and facilities situated on the federal land constructed or permitted by the Bureau of Reclamation before the effective date of this Act.</p> <p>(Sec. 5) Adjusts the boundary of the River Mountains Area of Critical Environmental Concern to exclude any portion of the Three Kids Mine Project Site.</p> <p>(Sec. 6) Applies the responsibility for complying with the mine remediation and reclamation agreement executed under section 3, upon completion of the conveyance, to the responsible party and the state of Nevada. (Defines &quot;responsible party&quot; as the private sector entity designated by the Henderson Redevelopment Agency, and approved by the state, to complete the assessment, remediation, reclamation, and redevelopment of the Three Kids Mine Project Site.)</p> <p> (Sec. 7) Makes the Southern Nevada Public Land Management Act of 1998 inapplicable to land conveyed under this Act.</p>

action_date: 2014-07-25
action_desc: Public Law
text: <p><b>(This measure has not been amended since it was reported to the House on July 8, 2013. The summary of that version is repeated here.)</b></p> <p>Three Kids Mine Remediation and Reclamation Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, all right, title, and interest of the United States of the approximately 948 identified acres of Bureau of Reclamation and Bureau of Land Management (BLM) land within the Three Kids Mine Project Site (the federal land). </p> <p>Requires the Henderson Redevelopment Agency to pay the fair market value, if any, for the federal land. </p> <p>Directs the Secretary to determine the fair market value of the federal land based on an appraisal that does not take into account any existing contamination. Requires the Henderson Redevelopment Agency to reimburse the Secretary for appraisal costs.</p> <p>Directs the Secretary to prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. </p> <p>Requires the Mine Remediation and Reclamation Agreement to be an enforceable consent order or agreement administered by the state. </p> <p>(Sec. 4) Withdraws the federal land, for a 10-year period, beginning on the earlier of enactment, or on the date of conveyance, from: (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, mineral materials, and the geothermal leasing laws. </p> <p>Relinquishes and revokes, subject to valid existing rights, any withdrawal that includes any portion of the federal land for which the Bureau of Reclamation has no further need. </p> <p>Declares that nothing in this Act diminishes, hinders, or interferes with the exclusive and perpetual use by existing rights holders of the operation, maintenance, and improvement of water conveyance infrastructure and facilities situated on the federal land constructed or permitted by the Bureau of Reclamation before the effective date of this Act.</p> <p>(Sec. 5) Adjusts the boundary of the River Mountains Area of Critical Environmental Concern to exclude any portion of the Three Kids Mine Project Site.</p> <p>(Sec. 6) Applies the responsibility for complying with the mine remediation and reclamation agreement executed under section 3, upon completion of the conveyance, to the responsible party and the state of Nevada. (Defines &quot;responsible party&quot; as the private sector entity designated by the Henderson Redevelopment Agency, and approved by the state, to complete the assessment, remediation, reclamation, and redevelopment of the Three Kids Mine Project Site.)</p> <p> (Sec. 7) Makes the Southern Nevada Public Land Management Act of 1998 inapplicable to land conveyed under this Act.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 697 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Heck of Nevada (for himself, Mr. Amodei , Mr. Horsford , and Ms. Titus ) 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. Short title This Act may be cited as the Three Kids Mine Remediation and Reclamation Act . 2. Definitions In this Act: (1) Hazardous substance; pollutant or contaminant; release; remedy; response The terms hazardous substance , pollutant or contaminant , release , remedy , and response have the meanings respectively set forth for those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (2) Henderson redevelopment agency The term Henderson Redevelopment Agency means the public body, corporate and politic, known as the redevelopment agency of the City of Henderson, Nevada, established and authorized to transact business and exercise its powers in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685, inclusive). (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means the State of Nevada. (5) Three Kids Mine Federal Land The term Three Kids Mine Federal Land means the parcel or parcels of Federal land consisting of approximately 948 acres in sections 26, 34, 35, and 36, Township 21 South, Range 63 East, Mount Diablo Meridian, Nevada, as depicted on the map entitled Three Kids Mine Project Area and dated February 6, 2012. (6) Three Kids Mine Project Site The term Three Kids Mine Project Site means the Three Kids Mine Federal Land and the adjacent approximately 314 acres of non-Federal land, together comprising approximately 1,262 acres, as depicted on the map entitled Three Kids Mine Project Area and dated February 6, 2012. 3. Land conveyance (a) In general Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), as soon as practicable after fulfillment of the conditions in subsection (b), and subject to valid existing rights, the Secretary shall convey to the Henderson Redevelopment Agency all right, title, and interest of the United States in the Three Kids Mine Federal Land. (b) Conditions (1) Determination of fair market value The Secretary shall administratively adjust the fair market value of the Three Kids Mine Federal Land as determined pursuant to paragraph (2) by deducting from the fair market value of the Three Kids Mine Federal Land the reasonable approximate assessment, remediation and reclamation costs for the Three Kids Mine Project Area as determined pursuant to paragraph (3). The Secretary shall begin the appraisal and cost determination under paragraphs (2) and (3), respectively, not later than 30 days after the date of the enactment of this Act. (2) Appraisal The Secretary shall determine the fair market value of the Three Kids Mine Federal Land based on an appraisal without regard to any existing contamination associated with historical mining or other uses on the property and in accordance with nationally recognized appraisal standards including the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. The Henderson Redevelopment Agency shall reimburse the Secretary for costs incurred in performing the appraisal. (3) Remediation and reclamation costs The Secretary shall prepare a reasonable approximate estimation of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. This estimation shall be based upon the results of a comprehensive Phase II environmental site assessment of the Three Kids Mine Project Site prepared by the Henderson Redevelopment Agency or its designee that has been approved by the State, and shall be prepared in accordance with the current version of ASTM International Standard E–2137–06 entitled Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters . The Phase II environmental site assessment shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of the current versions of ASTM International Standard E–1527–05 entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process and ASTM International Standard E–1903–11 entitled Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process . The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency and the State. In the event of a disagreement among the Secretary, Henderson Redevelopment Agency, and the State over the reasonable approximate estimate of costs, the parties shall jointly select one or more experts to advise the Secretary in making the final determination of such costs. (4) Consideration The Henderson Redevelopment Agency shall pay the fair market value, if any, as determined under this subsection. (5) Mine remediation and reclamation agreement executed The Secretary receives from the State notification, in writing, that the Mine Remediation and Reclamation Agreement has been executed. The Mine Remediation and Reclamation Agreement shall be an enforceable consent order or agreement administered by the State that— (A) obligates a party to perform, after the conveyance of the Three Kids Mine Federal Land under this Act, the remediation and reclamation work at the Three Kids Mine Project Site necessary to complete a permanent and appropriately protective remedy to existing environmental contamination and hazardous conditions; and (B) contains provisions determined to be necessary by the State, including financial assurance provisions to ensure the completion of such remedy. (6) Notification The Secretary receives from the Henderson Redevelopment Agency notification, in writing, that the Henderson Redevelopment Agency is prepared to accept conveyance of the Three Kids Mine Federal Land under this Act. Such notification must occur not later than 90 days after execution of the Mine Remediation and Reclamation Agreement referred to in paragraph (5). 4. Withdrawal (a) In general Subject to valid existing rights, for the 10-year period following the date of the enactment of this Act or on the date of the conveyance required by this Act, whichever is earlier, the Three Kids Mine 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, mineral materials, and the geothermal leasing laws. (b) Existing reclamation withdrawals Subject to valid existing rights, any withdrawal of public land for reclamation project purposes that includes all or any portion of the Three Kids Mine Federal Land for which the Bureau of Reclamation has determined that it has no further need under applicable law is hereby relinquished and revoked solely to the extent necessary to exclude from the withdrawal the land no longer needed and to allow for the immediate conveyance of the Three Kids Mine Federal Land as required under this Act. (c) Existing reclamation project and permitted facilities Without limiting the general applicability of section 3(a), nothing in this Act shall diminish, hinder, or interfere with the exclusive and perpetual use by existing rights holders for the operation, maintenance, and improvement of water conveyance infrastructure and facilities, including all necessary ingress and egress, situated on the Three Kids Mine Federal Land that were constructed or permitted by the Bureau of Reclamation prior to the effective date of this Act. 5. ACEC boundary adjustment Notwithstanding section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1717), the boundary of the River Mountains Area of Critical Environmental Concern (NVN 76884) is hereby adjusted consistent with the map entitled Three Kids Mine Project Area and dated February 6, 2012. 6. Release of the United States Upon making the conveyance under section 3, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) at the Three Kids Mine Project Site in existence on or before the date of the conveyance. 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.

tv_txt: IB 113th CONGRESS 1st Session H. R. 697 IN THE HOUSE OF REPRESENTATIVES 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. Short title This Act may be cited as the Three Kids Mine Remediation and Reclamation Act . 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 remedy 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 Henderson, Nevada, established and authorized to transact business and exercise the powers of the agency in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685). (4) Map The term map means the map entitled Three Kids Mine Project Area and dated February 6, 2012. (5) Responsible Party The term Responsible Party means the private sector entity designated by the Henderson Redevelopment Agency, and approved by the State of Nevada, to complete the assessment, remediation, reclamation and redevelopment 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 approximately 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. 3. Land conveyance (a) In general Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), not later than 90 days after the date on which the Secretary determines that the conditions described in subsection (b) have been met, and subject to valid existing rights and applicable law, the Secretary 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 Henderson Redevelopment Agency shall pay the fair market value of the Federal land, if any, as determined under subparagraph (B) and as adjusted under subparagraph (F). (B) Appraisal The Secretary shall determine the fair market value of the Federal land based on an appraisal— (i) that is conducted in accordance with nationally recognized appraisal standards, including— (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (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 comprehensive 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 approved 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 Estimating Monetary Costs and Liabilities for Environmental Matters . (iii) Assessment requirements The Phase II environmental site assessment prepared under clause (ii)(I) shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of— (I) the most recent version of ASTM International Standard E–1527–05 entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment 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 Assessment Process . (iv) Review of certain information (I) In general The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency, the Responsible Party, and the State in the preparation 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 reasonable 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 Secretary shall begin the appraisal and cost estimates under subparagraphs (B) and (C), respectively. (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). (F) Adjustment The Secretary shall administratively adjust the fair market value of the Federal land, as determined under subparagraph (B), based on the estimate of remediation, 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 remediation and reclamation agreement has been executed in accordance with subparagraph (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 remediation 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 to perform under the consent order or agreement administered by the State that— (i) obligates the Responsible Party to perform, after the conveyance of the Federal 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, pollutant, or contaminant will be taken, in accordance with all Federal, State, and local requirements; and (ii) contains provisions determined to be necessary by the State and the Henderson Redevelopment Agency, including financial assurance provisions to ensure the completion of the remedy. (3) Notification from agency As a condition of the conveyance under subsection (a), not later than 90 days after the date of execution of the mine remediation and reclamation agreement required under paragraph (2), the Secretary shall accept written notification from the Henderson Redevelopment Agency that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under subsection (a). 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, mineral materials, and the geothermal leasing laws. (b) Existing reclamation withdrawals Subject to valid existing rights, any withdrawal under the public 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 extent 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. (c) Existing Reclamation Project and Permitted 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. 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 Environmental Concern (NVN 76884) is adjusted to exclude any portion of the Three Kids Mine Project Site consistent with the map. 6. Responsibilities of the parties (a) Responsibility of parties to mine remediation 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 executed 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 protect public health and the environment from a release or the threat of a release of a hazardous substance, pollutant, or contaminant; or (2) unless otherwise expressly provided, modifies, limits, or otherwise affects— (A) the application of, or obligation to comply with, any law, including any environmental 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 section 3(b)(2). 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. Karen L. Haas, Clerk.

tv_txt: 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.

1. Short title This Act may be cited as the Three Kids Mine Remediation and Reclamation Act . 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 remedy 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 Henderson, Nevada, established and authorized to transact business and exercise the powers of the agency in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685). (4) Map The term map means the map entitled Three Kids Mine Project Area and dated February 6, 2012. (5) Responsible Party The term Responsible Party means the private sector entity designated by the Henderson Redevelopment Agency, and approved by the State of Nevada, to complete the assessment, remediation, reclamation and redevelopment 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 approximately 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. 3. Land conveyance (a) In general Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), not later than 90 days after the date on which the Secretary determines that the conditions described in subsection (b) have been met, and subject to valid existing rights and applicable law, the Secretary 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 Henderson Redevelopment Agency shall pay the fair market value of the Federal land, if any, as determined under subparagraph (B) and as adjusted under subparagraph (F). (B) Appraisal The Secretary shall determine the fair market value of the Federal land based on an appraisal— (i) that is conducted in accordance with nationally recognized appraisal standards, including— (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (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 comprehensive 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 approved 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 Estimating Monetary Costs and Liabilities for Environmental Matters . (iii) Assessment requirements The Phase II environmental site assessment prepared under clause (ii)(I) shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of— (I) the most recent version of ASTM International Standard E–1527–05 entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment 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 Assessment Process . (iv) Review of certain information (I) In general The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency, the Responsible Party, and the State in the preparation 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 reasonable 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 Secretary shall begin the appraisal and cost estimates under subparagraphs (B) and (C), respectively. (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). (F) Adjustment The Secretary shall administratively adjust the fair market value of the Federal land, as determined under subparagraph (B), based on the estimate of remediation, 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 remediation and reclamation agreement has been executed in accordance with subparagraph (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 remediation 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 to perform under the consent order or agreement administered by the State that— (i) obligates the Responsible Party to perform, after the conveyance of the Federal 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, pollutant, or contaminant will be taken, in accordance with all Federal, State, and local requirements; and (ii) contains provisions determined to be necessary by the State and the Henderson Redevelopment Agency, including financial assurance provisions to ensure the completion of the remedy. (3) Notification from agency As a condition of the conveyance under subsection (a), not later than 90 days after the date of execution of the mine remediation and reclamation agreement required under paragraph (2), the Secretary shall accept written notification from the Henderson Redevelopment Agency that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under subsection (a). 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, mineral materials, and the geothermal leasing laws. (b) Existing reclamation withdrawals Subject to valid existing rights, any withdrawal under the public 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 extent 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. (c) Existing Reclamation Project and Permitted 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. 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 Environmental Concern (NVN 76884) is adjusted to exclude any portion of the Three Kids Mine Project Site consistent with the map. 6. Responsibilities of the parties (a) Responsibility of parties to mine remediation 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 executed 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 protect public health and the environment from a release or the threat of a release of a hazardous substance, pollutant, or contaminant; or (2) unless otherwise expressly provided, modifies, limits, or otherwise affects— (A) the application of, or obligation to comply with, any law, including any environmental 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 section 3(b)(2). 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. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 99 113th CONGRESS 1st Session H. R. 697 [Report No. 113–137] IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Heck of Nevada (for himself, Mr. Amodei , Mr. Horsford , and Ms. Titus ) introduced the following bill; which was referred to the Committee on Natural Resources July 8, 2013 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 February 14, 2013 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. Short title This Act may be cited as the Three Kids Mine Remediation and Reclamation Act . 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 remedy 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 Henderson, Nevada, established and authorized to transact business and exercise the powers of the agency in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685). (4) Map The term map means the map entitled Three Kids Mine Project Area and dated February 6, 2012. (5) Responsible Party The term Responsible Party means the private sector entity designated by the Henderson Redevelopment Agency, and approved by the State of Nevada, to complete the assessment, remediation, reclamation and redevelopment 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 approximately 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. 3. Land conveyance (a) In general Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), not later than 90 days after the date on which the Secretary determines that the conditions described in subsection (b) have been met, and subject to valid existing rights and applicable law, the Secretary 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 Henderson Redevelopment Agency shall pay the fair market value of the Federal land, if any, as determined under subparagraph (B) and as adjusted under subparagraph (F). (B) Appraisal The Secretary shall determine the fair market value of the Federal land based on an appraisal— (i) that is conducted in accordance with nationally recognized appraisal standards, including— (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (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 comprehensive 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 approved 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 Estimating Monetary Costs and Liabilities for Environmental Matters . (iii) Assessment requirements The Phase II environmental site assessment prepared under clause (ii)(I) shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of— (I) the most recent version of ASTM International Standard E–1527–05 entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment 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 Assessment Process . (iv) Review of certain information (I) In general The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency, the Responsible Party, and the State in the preparation 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 reasonable 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 Secretary shall begin the appraisal and cost estimates under subparagraphs (B) and (C), respectively. (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). (F) Adjustment The Secretary shall administratively adjust the fair market value of the Federal land, as determined under subparagraph (B), based on the estimate of remediation, 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 remediation and reclamation agreement has been executed in accordance with subparagraph (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 remediation 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 to perform under the consent order or agreement administered by the State that— (i) obligates the Responsible Party to perform, after the conveyance of the Federal 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, pollutant, or contaminant will be taken, in accordance with all Federal, State, and local requirements; and (ii) contains provisions determined to be necessary by the State and the Henderson Redevelopment Agency, including financial assurance provisions to ensure the completion of the remedy. (3) Notification from agency As a condition of the conveyance under subsection (a), not later than 90 days after the date of execution of the mine remediation and reclamation agreement required under paragraph (2), the Secretary shall accept written notification from the Henderson Redevelopment Agency that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under subsection (a). 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, mineral materials, and the geothermal leasing laws. (b) Existing reclamation withdrawals Subject to valid existing rights, any withdrawal under the public 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 extent 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. (c) Existing Reclamation Project and Permitted 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. 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 Environmental Concern (NVN 76884) is adjusted to exclude any portion of the Three Kids Mine Project Site consistent with the map. 6. Responsibilities of the parties (a) Responsibility of parties to mine remediation 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 executed 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 protect public health and the environment from a release or the threat of a release of a hazardous substance, pollutant, or contaminant; or (2) unless otherwise expressly provided, modifies, limits, or otherwise affects— (A) the application of, or obligation to comply with, any law, including any environmental 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 section 3(b)(2). 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.

July 8, 2013 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: II Calendar No. 353 113th CONGRESS 2d Session H. R. 697 [Report No. 113–147] IN THE SENATE OF THE UNITED STATES July 23, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources April 8, 2014 Reported by Ms. Landrieu , without amendment 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. Short title This Act may be cited as the Three Kids Mine Remediation and Reclamation Act . 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 remedy 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 Henderson, Nevada, established and authorized to transact business and exercise the powers of the agency in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685). (4) Map The term map means the map entitled Three Kids Mine Project Area and dated February 6, 2012. (5) Responsible Party The term Responsible Party means the private sector entity designated by the Henderson Redevelopment Agency, and approved by the State of Nevada, to complete the assessment, remediation, reclamation and redevelopment 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 approximately 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. 3. Land conveyance (a) In general Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), not later than 90 days after the date on which the Secretary determines that the conditions described in subsection (b) have been met, and subject to valid existing rights and applicable law, the Secretary 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 Henderson Redevelopment Agency shall pay the fair market value of the Federal land, if any, as determined under subparagraph (B) and as adjusted under subparagraph (F). (B) Appraisal The Secretary shall determine the fair market value of the Federal land based on an appraisal— (i) that is conducted in accordance with nationally recognized appraisal standards, including— (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (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 comprehensive 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 approved 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 Estimating Monetary Costs and Liabilities for Environmental Matters . (iii) Assessment requirements The Phase II environmental site assessment prepared under clause (ii)(I) shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of— (I) the most recent version of ASTM International Standard E–1527–05 entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment 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 Assessment Process . (iv) Review of certain information (I) In general The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency, the Responsible Party, and the State in the preparation 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 reasonable 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 Secretary shall begin the appraisal and cost estimates under subparagraphs (B) and (C), respectively. (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). (F) Adjustment The Secretary shall administratively adjust the fair market value of the Federal land, as determined under subparagraph (B), based on the estimate of remediation, 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 remediation and reclamation agreement has been executed in accordance with subparagraph (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 remediation 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 to perform under the consent order or agreement administered by the State that— (i) obligates the Responsible Party to perform, after the conveyance of the Federal 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, pollutant, or contaminant will be taken, in accordance with all Federal, State, and local requirements; and (ii) contains provisions determined to be necessary by the State and the Henderson Redevelopment Agency, including financial assurance provisions to ensure the completion of the remedy. (3) Notification from agency As a condition of the conveyance under subsection (a), not later than 90 days after the date of execution of the mine remediation and reclamation agreement required under paragraph (2), the Secretary shall accept written notification from the Henderson Redevelopment Agency that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under subsection (a). 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, mineral materials, and the geothermal leasing laws. (b) Existing reclamation withdrawals Subject to valid existing rights, any withdrawal under the public 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 extent 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. (c) Existing Reclamation Project and Permitted 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. 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 Environmental Concern (NVN 76884) is adjusted to exclude any portion of the Three Kids Mine Project Site consistent with the map. 6. Responsibilities of the parties (a) Responsibility of parties to mine remediation 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 executed 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 protect public health and the environment from a release or the threat of a release of a hazardous substance, pollutant, or contaminant; or (2) unless otherwise expressly provided, modifies, limits, or otherwise affects— (A) the application of, or obligation to comply with, any law, including any environmental 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 section 3(b)(2). 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.

April 8, 2014 Reported without amendment

tv_txt: IB One Hundred Thirteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen H. R. 697 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. Short title This Act may be cited as the Three Kids Mine Remediation and Reclamation Act . 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 remedy 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 Henderson, Nevada, established and authorized to transact business and exercise the powers of the agency in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685). (4) Map The term map means the map entitled Three Kids Mine Project Area and dated February 6, 2012. (5) Responsible Party The term Responsible Party means the private sector entity designated by the Henderson Redevelopment Agency, and approved by the State of Nevada, to complete the assessment, remediation, reclamation and redevelopment 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 approximately 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. 3. Land conveyance (a) In general Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), not later than 90 days after the date on which the Secretary determines that the conditions described in subsection (b) have been met, and subject to valid existing rights and applicable law, the Secretary 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 Henderson Redevelopment Agency shall pay the fair market value of the Federal land, if any, as determined under subparagraph (B) and as adjusted under subparagraph (F). (B) Appraisal The Secretary shall determine the fair market value of the Federal land based on an appraisal— (i) that is conducted in accordance with nationally recognized appraisal standards, including— (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (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 comprehensive 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 approved 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 Estimating Monetary Costs and Liabilities for Environmental Matters . (iii) Assessment requirements The Phase II environmental site assessment prepared under clause (ii)(I) shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of— (I) the most recent version of ASTM International Standard E–1527–05 entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment 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 Assessment Process . (iv) Review of certain information (I) In general The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency, the Responsible Party, and the State in the preparation 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 reasonable 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 Secretary shall begin the appraisal and cost estimates under subparagraphs (B) and (C), respectively. (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). (F) Adjustment The Secretary shall administratively adjust the fair market value of the Federal land, as determined under subparagraph (B), based on the estimate of remediation, 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 remediation and reclamation agreement has been executed in accordance with subparagraph (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 remediation 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 to perform under the consent order or agreement administered by the State that— (i) obligates the Responsible Party to perform, after the conveyance of the Federal 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, pollutant, or contaminant will be taken, in accordance with all Federal, State, and local requirements; and (ii) contains provisions determined to be necessary by the State and the Henderson Redevelopment Agency, including financial assurance provisions to ensure the completion of the remedy. (3) Notification from agency As a condition of the conveyance under subsection (a), not later than 90 days after the date of execution of the mine remediation and reclamation agreement required under paragraph (2), the Secretary shall accept written notification from the Henderson Redevelopment Agency that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under subsection (a). 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, mineral materials, and the geothermal leasing laws. (b) Existing reclamation withdrawals Subject to valid existing rights, any withdrawal under the public 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 extent 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. (c) Existing Reclamation Project and Permitted 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. 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 Environmental Concern (NVN 76884) is adjusted to exclude any portion of the Three Kids Mine Project Site consistent with the map. 6. Responsibilities of the parties (a) Responsibility of parties to mine remediation 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 executed 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 protect public health and the environment from a release or the threat of a release of a hazardous substance, pollutant, or contaminant; or (2) unless otherwise expressly provided, modifies, limits, or otherwise affects— (A) the application of, or obligation to comply with, any law, including any environmental 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 section 3(b)(2). 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.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.