[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:
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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.
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