S 343 ISCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 343CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

February 14, 2013CommentsClose CommentsPermalink

Mr. REID (for himself and Mr. HELLER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Three Kids Mine Remediation and Reclamation Act’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(4) MAP- The term ‘map’ means the map entitled ‘Three Kids Mine Project Area’ and dated February 6, 2012.CommentsClose CommentsPermalink





(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(6) STATE- The term ‘State’ means the State of Nevada.CommentsClose CommentsPermalink





(7) THREE KIDS MINE PROJECT SITE- The term ‘Three Kids Mine Project Site’ means the approximately 1,262 acres of land that is--CommentsClose CommentsPermalink





(A) comprised of--CommentsClose CommentsPermalink





(i) the Federal land; andCommentsClose CommentsPermalink





(ii) the approximately 314 acres of adjacent non-Federal land; andCommentsClose CommentsPermalink





(B) depicted as the ‘Three Kids Mine Project Site’ on the map.CommentsClose CommentsPermalink

SEC. 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.CommentsClose CommentsPermalink





(b) Conditions-CommentsClose CommentsPermalink





(1) APPRAISAL; FAIR MARKET VALUE-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(B) APPRAISAL- The Secretary shall determine the fair market value of the Federal land based on an appraisal--CommentsClose CommentsPermalink





(i) that is conducted in accordance with nationally recognized appraisal standards, including--CommentsClose CommentsPermalink





(I) the Uniform Appraisal Standards for Federal Land Acquisitions; andCommentsClose CommentsPermalink





(II) the Uniform Standards of Professional Appraisal Practice; andCommentsClose CommentsPermalink





(ii) that does not take into account any existing contamination associated with historical mining on the Federal land.CommentsClose CommentsPermalink





(C) REMEDIATION AND RECLAMATION COSTS-CommentsClose CommentsPermalink





(i) IN GENERAL- The Secretary shall prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site.CommentsClose CommentsPermalink





(ii) CONSIDERATIONS- The estimate prepared under clause (i) shall be--CommentsClose CommentsPermalink





(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 designee that has been approved by the State; andCommentsClose CommentsPermalink





(II) prepared in accordance with the current version of the ASTM International Standard E-2137-06 entitled ‘Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters’.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(iv) REVIEW OF CERTAIN INFORMATION-CommentsClose CommentsPermalink





(I) IN GENERAL- The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency and the State in the preparation of the estimate under this subparagraph.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(E) APPRAISAL COSTS- The Henderson Redevelopment Agency shall reimburse the Secretary for the costs incurred in performing the appraisal under subparagraph (B).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) MINE REMEDIATION AND RECLAMATION AGREEMENT EXECUTED-CommentsClose CommentsPermalink





(A) IN GENERAL- The conveyance under subsection (a) shall be contingent on--CommentsClose CommentsPermalink





(i) the Secretary receiving from the State written notification that a mine remediation and reclamation agreement has been executed in accordance with subparagraph (B); andCommentsClose CommentsPermalink





(ii) the Secretary concurring, by the date that is 30 days after the date of receipt of the written notification under clause (i), that the requirements under subparagraph (B) have been met.CommentsClose CommentsPermalink





(B) REQUIREMENTS- The mine remediation and reclamation agreement required under subparagraph (A) shall be an enforceable consent order or agreement between the State and a party obligated to perform under the consent order or agreement administered by the State that--CommentsClose CommentsPermalink





(i) obligates a 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; andCommentsClose CommentsPermalink





(ii) contains provisions determined to be necessary by the State, including financial assurance provisions to ensure the completion of the remedy.CommentsClose CommentsPermalink





(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 Henderson Redevelopment Agency shall submit to the Secretary written notification that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under subsection (a).CommentsClose CommentsPermalink

SEC. 4. WITHDRAWAL.

(a) In General- Subject to valid existing rights, for the 10-year period beginning on the earlier of the date of enactment of this Act or the date of the conveyance required by this Act, the Federal land is withdrawn from all forms of--CommentsClose CommentsPermalink





(1) entry, appropriation, operation, or disposal under the public land laws;CommentsClose CommentsPermalink





(2) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink





(3) disposition under the mineral leasing, mineral materials, and the geothermal leasing laws.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) to exclude from the withdrawal the property that is no longer needed; andCommentsClose CommentsPermalink





(2) to allow for the immediate conveyance of the Federal land as required under this Act.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 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 parties to the agreement.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(2) unless otherwise expressly provided, modifies, limits, or otherwise affects--CommentsClose CommentsPermalink





(A) the application of, or obligation to comply with, any law, including any environmental or public health law; orCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink