--- kind: "diff" citation: "H.R. 697" bill: "113-hr-697" heading: "Three Kids Mine Remediation and Reclamation Act" from: "ih" from_label: "Introduced in House" to: "rh" to_label: "Reported in House" sections_amended: 5 sections_added: 0 sections_removed: 0 url: "https://uscodex.org/bills/113/hr/697/changes/rh" --- # H.R. 697 — what changed H.R. 697, Three Kids Mine Remediation and Reclamation Act — 5 sections amended between Introduced in House and Reported in House. Edits are marked `struck` and `inserted`. ## Sec. 2 Definitions - In this Act: - (1) Hazardous substance; pollutant or contaminant; release; remedy; response—Federal land— The terms hazardous substance, pollutant or contaminant, release, remedy, and response have term Federal land means the meanings respectively set forth for those terms in section 101 approximately 948 acres of the Comprehensive Environmental Response, Compensation, Bureau of Reclamation and Liability Act Bureau of 1980 (42 U.S.C. 9601).Land Management land within the Three Kids Mine Project Site, as depicted on the map. - (2) Henderson redevelopment agency—Hazardous substance; pollutant or contaminant; remedy— The term Henderson Redevelopment Agency means the public body, corporate terms hazardous substance, pollutant or contaminant, and politic, known as remedy have the redevelopment agency meanings given those terms in section 101 of the City of Henderson, Nevada, established and authorized to transact business Comprehensive Environmental Response, Compensation, and exercise its powers in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685, inclusive).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) [was (5)] Secretary— The term Secretary means the Secretary of the Interior. - (7) [was (6)] 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 - (ii) the approximately 314 acres of adjacent non-Federal land; and - (B) depicted as the Three Kids Mine Project Site on the map. - (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 Area and dated February 6, 2012. - (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 Area and dated February 6, 2012. ## 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), as soon as practicable not later than 90 days after fulfillment of the date on which the Secretary determines that the conditions described in subsection (b), (b) have been met, and subject to valid existing rights, 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 Three Kids Mine Federal Land.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) 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: 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) 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, 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. - (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) 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 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 or other uses 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. The Henderson Redevelopment Agency shall reimburse the Secretary for costs incurred in performing the appraisal. - (3) Remediation and reclamation costs—Notification from agency— The Secretary shall prepare As a reasonable approximate estimation condition of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. This estimation shall be based upon conveyance under subsection (a), not later than 90 days after the results date of a comprehensive Phase II environmental site assessment execution 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 mine remediation and Liabilities for Environmental Matters. The Phase II environmental site assessment shall, without limiting any additional requirements that may be reclamation agreement required by the State, be conducted in accordance with the procedures of under paragraph (2), 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–1903–11 entitled Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process. The Secretary shall review and consider cost information proffered by accept written notification from the Henderson Redevelopment Agency and the State. In the event of a disagreement among that the Secretary, Henderson Redevelopment Agency, and the State over the reasonable approximate estimate of costs, the parties shall jointly select one or more experts Agency is prepared to advise the Secretary in making the final determination accept conveyance of such costs.the Federal land under subsection (a). - (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, after the conveyance of the Three Kids Mine Federal Land under this Act, 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. Such notification must occur not later than 90 days after execution of the Mine Remediation and Reclamation Agreement referred to in paragraph (5). ## Sec. 4 Withdrawal - (a) In general— Subject to valid existing rights, for the 10-year period following beginning on the date earlier of the date of enactment of this Act or on the date of the conveyance required by this Act, whichever is earlier, the Three Kids Mine Federal Land 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 of under the public land for reclamation project purposes laws that includes all or any portion of the Three Kids Mine Federal Land land for which the Bureau of Reclamation has determined that it the Bureau of Reclamation has no further need under applicable law is hereby relinquished and revoked solely 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 as required under this Act.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 Reclamation Project and permitted facilities—Permitted Facilities— Without limiting the general applicability of section 3(a), Except as provided in subsection (a), nothing in this Act shall diminish, hinder, diminishes, hinders, or interfere 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 Three Kids Mine Federal Land land that were constructed or permitted by the Bureau of Reclamation prior to 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. 1717), 1713), the boundary of the River Mountains Area of Critical Environmental Concern (NVN 76884) is hereby adjusted consistent with to exclude any portion of the map entitled Three Kids Mine Project Area and dated February 6, 2012.Site consistent with the map. ## 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 Responsible Party and the State of Nevada. - (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). - 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.