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Text of the Three Kids Mine Remediation and Reclamation Act

This bill was introduced on August 2, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Aug 2, 2011 (Introduced).

Source: GPO

II

112th CONGRESS

1st Session

S. 1492

IN THE SENATE OF THE UNITED STATES

August 2, 2011

(for himself and Mr. Heller) introduced the following bill; which was read twice and referred to the Committee on Energy and 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)

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; release; remedy; response

The terms hazardous substance, pollutant or contaminant, release, remedy, and response 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 August 2, 2011.

(5)

Secretary

The term Secretary means the Secretary of the Interior.

(6)

State

The term State means the State of Nevada.

(7)

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) and section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620), and any other provision of law, as soon as practicable after the conditions described in subsection (b) have been met, 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 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 (E).

(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 designee that has been approved by the State; and

(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.

(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)

ASTM International Standard E–1903–97 entitled Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process (2002).

(iv)

Review of certain information

(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.

(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)

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

(B)

Requirements

The mine remediation and reclamation agreement required under subparagraph (A) shall be an enforceable consent order or agreement administered by the State that—

(i)

obligates a party to perform 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

(ii)

contains provisions determined to be necessary by the State, including financial assurance provisions to ensure the completion of the remedy.

(3)

Notification from agency

As a condition of the conveyance under subsection (a), the Secretary shall receive from the Henderson Redevelopment Agency written notification that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under that subsection.

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.

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.

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.