Three Kids Mine Remediation and Reclamation Act
PL 113-135 (H.R.697), enacted 07/25/2014

[113th Congress Public Law 135]
[From the U.S. Government Publishing Office]



[[Page 1733]]

             THREE KIDS MINE REMEDIATION AND RECLAMATION ACT

[[Page 128 STAT. 1734]]

Public Law 113-135
113th Congress

                                 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. <<NOTE: July 25, 
                          2014 -  [H.R. 697]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Three Kids Mine 
Remediation and Reclamation Act.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Three Kids Mine Remediation 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 ``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

[[Page 128 STAT. 1735]]

                          (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. <<NOTE: Deadlines. Determinations.>> 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) <<NOTE: Cost estimate.>>  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:

[[Page 128 STAT. 1736]]

                                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) <<NOTE: Notification.>>  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,

[[Page 128 STAT. 1737]]

                      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).
SEC. 4. WITHDRAWAL.

    (a) In General.-- <<NOTE: Effective date. Time period.>> 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.
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 Environmental 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 Remediation and Reclamation 
Agreement. <<NOTE: Applicability.>> --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.

[[Page 128 STAT. 1738]]

    (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).
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.

    Approved July 25, 2014.

LEGISLATIVE HISTORY--H.R. 697:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 113-137 (Comm. on Natural Resources).
SENATE REPORTS: No. 113-147 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 159 (2013):
                                    July 22, considered and passed 
                                        House.
                                                        Vol. 160 (2014):
                                    July 9, considered and passed 
                                        Senate.

                                  <all>