(This measure has not been amended since it was reported to the House on June 5, 2012. The summary of that version is repeated here.)
Three Kids Mine Remediation and Reclamation Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, the Three Kids Mine Federal Land (the parcel or parcels of federal land consisting of approximately 948 specified acres, as depicted on the map entitled "Three Kids Mine Project Area").
Directs the Secretary to administratively adjust the fair market value of the Three Kids Mine Federal Land by deducting from the fair market value of the Three Kids Mine Federal Land the reasonable approximate assessment, remediation, and reclamation costs for the Three Kids Mine Project Area.
Directs the Secretary to determine the fair market value of the Three Kids Mine Federal Land based on an appraisal without regard to any existing contamination. Requires the Henderson Redevelopment Agency to reimburse the Secretary for appraisal costs.
Directs the Secretary to prepare a reasonable approximate estimation of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site (the Three Kids Mine Federal Land and the adjacent approximately 314 acres of non-federal land, together comprising approximately 1,262 acres, as depicted on the map entitled "Three Kids Mine Project Area").
Requires the Henderson Redevelopment Agency to pay the fair market value, if any for the Three Kids Mine Federal Land.
Requires the Mine Remediation and Reclamation Agreement to be an enforceable consent order or agreement administered by the state.
Requires the Henderson Redevelopment Agency to notify the Secretary in writing that is prepared to accept conveyance of the Three Kids Mine Federal Land.
(Sec. 4) Withdraws the Three Kids Mine Federal Land, for a 10-year period, following enactment, or on the date of conveyance, from: (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.
Relinquishes and revokes, subject to valid existing rights, any withdrawal of public land for reclamation project purposes that includes all or any portion of the Three Kids Mine Federal Land for which the Bureau of Reclamation has determined that it has no further need to the extent necessary to exclude from the withdrawal the land no longer needed and to allow for the immediate conveyance of the Three Kids Mine Federal Land.
Prohibits anything in this Act from diminishing, hindering, or interfering with the exclusive and perpetual use by existing rights holders of the operation, maintenance, and improvement of water conveyance infrastructure and facilities situated on the Three Kids Mine Federal Land that were constructed or permitted by the Bureau of Reclamation prior to the effective date of this Act.
(Sec. 5) Adjusts the boundary of the River Mountains Area of Critical Environmental Concern.
(Sec. 6) Releases the United States, upon making the conveyance, 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, solid waste, or mining related materials at the Three Kids Mine Project Site.
(Sec. 7) Makes the provisions of the Southern Nevada Public Land Management Act of 1998 non-applicable to land conveyed under this Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2512 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2512
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2011
Mr. Heck (for himself and Ms. Berkley) introduced the following bill;
which was referred to the Committee on 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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) Hazardous substance; pollutant or contaminant; release;
remedy; response.--The terms ``hazardous substance'',
``pollutant or contaminant'', ``release'', ``remedy'', and
``response'' have the meanings respectively set forth for those
terms in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(2) Henderson redevelopment agency.--The term ``Henderson
Redevelopment Agency'' means the public body, corporate and
politic, known as the redevelopment agency of the City of
Henderson, Nevada, established and authorized to transact
business and exercise its powers in accordance with the Nevada
Community Redevelopment Law (Nev. Rev. Stat. 279.382 to
279.685, inclusive).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Nevada.
(5) Three kids mine federal land.--The term ``Three Kids
Mine Federal Land'' means the parcel or parcels of Federal land
consisting of approximately 948 acres in sections 26, 34, 35,
and 36, Township 21 South, Range 63 East, Mount Diablo
Meridian, Nevada, as depicted on the map entitled ``Three Kids
Mine Project Site Map'' and dated ______ 2011.
(6) Three kids mine project site.--The term ``Three Kids
Mine Project Site'' means the Three Kids Mine Federal Land and
the adjacent approximately 314 acres of non-Federal land,
together comprising approximately 1,262 acres, as depicted on
the map entitled ``Three Kids Mine Project Site Map'' and dated
____ 2011.
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)
and any other provision of law, as soon as practicable after
fulfillment of the conditions in subsection (b), 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 the Three Kids Mine Federal Land.
(b) Conditions.--
(1) Determination of fair market value.--The Secretary
shall administratively adjust the fair market value of the
Three Kids Mine Federal Land as determined pursuant to
paragraph (2) based on the reasonable approximate assessment,
remediation and reclamation costs as determined pursuant to
paragraph (3). The Secretary shall begin the appraisal and cost
determination under paragraphs (2) and (3), respectively, not
later than 30 days after the date of the enactment of this Act.
(2) Appraisal.--The Secretary shall determine the fair
market value of the Three Kids Mine Federal Land based on an
appraisal without regard to any existing contamination
associated with historical mining on the property and in
accordance with nationally recognized appraisal standards
including the Uniform Appraisal Standards for Federal Land
Acquisitions and the Uniform Standards of Professional
Appraisal Practice.
(3) Remediation and reclamation costs.--The Secretary shall
prepare a reasonable approximate estimation of the costs to
assess, remediate, and reclaim the Three Kids Mine Project
Site. This estimation shall be based upon the results of a
comprehensive assessment Phase II environmental site assessment
of the Three Kids Mine Project Site prepared by the Henderson
Redevelopment Agency or its designee that has been approved by
the State, and shall be prepared in accordance with the current
version of ASTM International Standard E-2137-06 entitled
``Standard Guide for Estimating Monetary Costs and Liabilities
for Environmental Matters''. The Phase II environmental site
assessment shall, without limiting any additional requirements
that may be required by the State, be conducted in accordance
with the procedures of the current versions of ASTM
International Standard E-1527-05 entitled ``Standard Practice
for Environmental Site Assessments: Phase I Environmental Site
Assessment Process'' and ASTM International Standard E-1903-97
(2002) entitled ``Standard Guide for Environmental Site
Assessments: Phase II Environmental Site Assessment Process''.
The Secretary shall review and consider cost information
proffered by the Henderson Redevelopment Agency and the State.
In the event of a disagreement among the Secretary, Henderson
Redevelopment Agency, and the State over the reasonable
approximate estimate of costs, the parties shall jointly select
one or more experts to assist the Secretary in making the final
determination of such costs.
(4) Consideration.--The Henderson Redevelopment Agency
shall pay the fair market value, if any, as determined under
this subsection.
(5) Mine remediation and reclamation agreement executed.--
The Secretary receives from the State notification, in writing,
that the Mine Remediation and Reclamation Agreement has been
executed. The Mine Remediation and Reclamation Agreement shall
be an enforceable consent order or agreement administered by
the State that--
(A) 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
(B) contains provisions determined to be necessary
by the State, including financial assurance provisions
to ensure the completion of such remedy.
(6) Notification.--The Secretary receives from the
Henderson Redevelopment Agency notification, in writing, that
the Henderson Redevelopment Agency is prepared to accept
conveyance of the Three Kids Mine Federal Land under this Act.
SEC. 4. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, for the 10-year
period following the date of the enactment of this Act or on the date
of the conveyance required by this Act, whichever is earlier, the Three
Kids Mine 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 Three Kids Mine Federal Land for which the Bureau of
Reclamation has determined that it has no further need under applicable
law is hereby relinquished and revoked solely to the extent necessary
to exclude from the withdrawal the no longer needed property and to
allow for the immediate conveyance of the Three Kids Mine Federal Land
as required under this Act.
SEC. 5. ACEC BOUNDARY ADJUSTMENT.
Notwithstanding section 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1717), the boundary of the River
Mountains Area of Critical Environmental Concern (NVN 76884) is hereby
adjusted consistent with the map entitled ``Three Kids Mine Project
Site Map'' and dated _____ 2011.
SEC. 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.
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Referred to the Subcommittee on Energy and Mineral Resources.
Subcommittee Hearings Held.
Subcommittee on National Parks, Forests and Public Lands Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 17.
Subcommittee on Energy and Mineral Resources Discharged.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-512.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-512.
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Placed on the Union Calendar, Calendar No. 360.
Mr. Hastings (WA) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3434-3437)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2512.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3434-3435)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3434-3435)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.