IN THE SENATE OF THE UNITED STATES
February 14, 2013
Mr. Reid (for himself and Mr. Heller) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
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.
This Act may be cited as
Three Kids Mine Remediation and
In this Act:
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.
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).
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).
term map means the map entitled
Three Kids Mine Project
Area and dated February 6, 2012.
The term Secretary means the Secretary of the Interior.
The term State means the State of Nevada.
Three Kids Mine Project Site
The term Three Kids Mine Project Site means the approximately 1,262 acres of land that is—
the Federal land; and
the approximately 314 acres of adjacent non-Federal land; and
depicted as the Three Kids Mine Project Site on the map.
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.
Appraisal; fair market value
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).
The Secretary shall determine the fair market value of the Federal land based on an appraisal—
that is conducted in accordance with nationally recognized appraisal standards, including—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice; and
that does not take into account any existing contamination associated with historical mining on the Federal land.
Remediation and reclamation costs
The Secretary shall prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site.
The estimate prepared under clause (i) shall be—
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
accordance with the current version of the ASTM International Standard
Standard Guide for Estimating Monetary Costs and
Liabilities for Environmental Matters
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—
the most recent
version of ASTM International Standard E–1527–05 entitled
Practice for Environmental Site Assessments: Phase I Environmental Site
the most recent
version of ASTM International Standard E–1903–11 entitled
for Environmental Site Assessments: Phase II Environmental Site Assessment
Review of certain information
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.
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.
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.
The Henderson Redevelopment Agency shall reimburse the Secretary for the costs incurred in performing the appraisal under subparagraph (B).
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).
Mine remediation and reclamation agreement executed
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); and
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.
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—
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; and
contains provisions determined to be necessary by the State, including financial assurance provisions to ensure the completion of the remedy.
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).
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—
entry, appropriation, operation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under the mineral leasing, mineral materials, and the geothermal leasing laws.
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—
to exclude from the withdrawal the property that is no longer needed; and
to allow for the immediate conveyance of the Federal land as required under this Act.
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.
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.
Responsibilities of the parties
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.
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—
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
unless otherwise expressly provided, modifies, limits, or otherwise affects—
the application of, or obligation to comply with, any law, including any environmental or public health law; or
the authority of the United States to enforce compliance with the requirements of any law or the agreement executed under section 3(b)(2).