The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“THREE KIDS MINE REMEDIATION AND RECLAMATION ACT” mentioning the Department of Interior was published in the House of Representatives section on pages H3434-H3437 on June 5, 2012.
The publication is reproduced in full below:
THREE KIDS MINE REMEDIATION AND RECLAMATION ACT
Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules and pass the bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2512
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 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) 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) 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.--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 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 11 entitled ``Standard Practice 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 advise 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, 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 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 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 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.
(c) Existing Reclamation Project and Permitted Facilities.--Without limiting the general applicability of section 3(a), nothing in this Act shall diminish, hinder, or interfere with the exclusive and perpetual use by 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 that were constructed or permitted by the Bureau of Reclamation prior to 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), 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 Area'' and dated February 6, 2012.
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Washington (Mr. Hastings) and the gentleman from Arizona (Mr. Grijalva) each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous materials on this bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Washington?
There was no objection.
Mr. HASTINGS of Washington. I yield myself such time as I may consume.
Mr. Speaker, I want to start this debate by defining clearly what H.R. 2512, the Three Kids Mine Remediation and Reclamation Act, does. This bill will create jobs, clean up an abandoned mine that is the responsibility of the United States Government, and represents a tremendous win-win for all the parties involved in this effort.
The Three Kids Mine is located in Clark County, Nevada, adjacent to the City of Henderson. The mine was operated from 1916 until 1961. From 1942 to 1955, the United States Government, through the Defense Plant Corporation, owned 446 acres of the Three Kids Mine Project site. The mine site was used to produce federally owned manganese ore for national defense purposes and was leased to the U.S. until 2003 to stockpile those nodules.
The total Three Kids Mine Project area is approximately 1,262 acres and includes 948 acres of Federal lands managed by the Bureau of Land Management and the Bureau of Reclamation, and 314 acres of private lands that include the mill site and the former processing site.
The City of Henderson, the Henderson Redevelopment Agency, Nevada Department of Environmental Protection, Lakemoor Development, LLC, and the Bureau of Land Management have negotiated a plan to clean up and redevelop the Three Kids Mine Project site that includes the purchase of 948 acres of Federal lands. The site is contaminated with arsenic, lead, and other heavy metals and petroleum hydrocarbons. Cost estimates for cleanup and reclamation at the site range from $300 million to over
$1 billion. The lower cost estimates apply to onsite remediation and disposal of tailings and other minerals in the open pits if it can be accomplished without contaminating groundwater. The higher cost estimate is associated with offsite disposal of the contaminated material.
The purchase price of the Federal lands would be adjusted to reflect the actual cleanup costs of the Federal and non-Federal land where the Federal Government has environmental liability resulting from the mill, the processing facilities, and the storage of Federal-owned manganese nodules. The City of Henderson and the developer would absolve the Federal Government if any liability arises for this site.
All in all, Mr. Speaker, this is a win-win for everyone involved. The environmental problems are addressed, the abandoned mine site is reclaimed and the land redeveloped for a beneficial use--all at no cost to the American taxpayer. This should provide a framework for other abandoned mine sites that are near or adjacent to small towns in larger urban areas.
That's why this legislation is needed and that's why I urge my colleagues to support this, and I reserve the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
(Mr. GRIJALVA asked and was given permission to revise and extend his remarks.)
Mr. GRIJALVA. Mr. Speaker, H.R. 2512 would seek to address the abandoned Three Kids Mine in Nevada. The Three Kids Mine site is an abandoned manganese mine and mill near Las Vegas. Today, the abandoned mine has open mine pits and significant volumes of toxic manganese tailings containing arsenic, lead, and diesel fuel, which the BLM has said pose significant risks to public health, safety, and the environment. H.R. 2512 would direct the BLM to convey the Federal portions of the Three Kids Mine site to the Redevelopment Agency of the City of Henderson, Nevada, and require remediation and reclamation of the site.
We support the goals of H.R. 2512 to clean up the toxic abandoned mine site and commend the sponsors of the legislation on their innovative thinking with respect to addressing this problem; however, the estimates of the cost addressing this abandoned mine site are large and uncertain. According to the Bureau of Land Management, the cost of reclaiming and remediating this abandoned mine site is estimated to be between $300 million and $1.3 billion.
We continue to have concerns about who would assume responsibility for these costs should the cleanup be abandoned for any reason in the future because this legislation would release the United States from all liabilities related to the Three Kids Mine site, including under environmental laws such as the Comprehensive Environmental Response, Compensation, and Liability Act.
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Such a release of liability for the United States could mean that in the event that the developer is unable to complete the cleanup of the Three Kids mine, there may be no responsible party. We also have concerns about the precedent that could be set by waiving the liability of the United States for the cleanup of the site if we are trying to ensure that private entities are held responsible for cleaning up other sites.
However, while we continue to have some concerns regarding the process outlined by the legislation, we do support the goals of H.R. 2512 to reclaim this abandoned mine site, and we do not oppose the legislation.
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I'm pleased to yield such time as he may consume to the author of this important piece of legislation, the gentleman from Nevada (Mr. Heck).
Mr. HECK. Mr. Speaker, I thank the chairman and ranking member for their assistance in moving forward with this important piece of legislation. I rise in support of H.R. 2512, the Three Kids Mine Remediation and Reclamation Act of 2012, legislation I introduced with the support of the entire Nevada delegation, to address a serious environmental, public safety, and abandoned mine reclamation issue in the city of Henderson, Nevada.
The Three Kids mine is an abandoned manganese mine and mill site consisting of approximately 1,262 acres of both Federal and private lands which lie within the Henderson City limits and is literally across the street from Lake Mead Parkway where there is an increasing number of homes and businesses. The Three Kids mine was owned and operated by various parties over the years, including the United States, from approximately 1917 through 1961, and used as a storage area for Federal manganese ore reserves from the late 1950s through 2003. The project site contains numerous large, unstable sheer-cliff open pits as deep as 400 feet, huge volumes of mine overburden/
tailings, mill facility remnants, and waste disposal areas. To give a sense of scale, mine overburden is 10 stories high in some areas; abandoned waste ponds are up to 60 feet deep and filled with over 1 million cubic yards of gelatinous tailings containing high concentrations of arsenic, lead, and petroleum compounds.
H.R. 2512 provides an innovative solution for cleaning up the Three Kids mine site. In its simplest form, the legislation directs the Secretary of the Interior to convey the Federal lands at the project site--approximately 948 acres--at fair market value, taking into account the costs of investigating and remediating the entire site, which includes an additional 314 acres of now-private lands that were used historically in mine operations.
It is important to note that the government will receive a release of liability for cleanup of both the Federal and private lands. Under the legislation, before the Federal lands are conveyed, the State must enter into a binding consent agreement under which the cleanup of the entire project site will occur. The consent agreement must include financial assurances to ensure the completion of the remediation and reclamation of the site. The cleanup will be financed with private capital and Nevada tax increment financing at no cost to the Federal Government.
The Three Kids Mine Remediation and Reclamation Act is the result of over 4 years of work among the city of Henderson Redevelopment Agency, the Department of the Interior, the State of Nevada, and private entities. This legislation is a unique and complex public-private partnership proposal. It will finally lead to the cleanup of the Three Kids mine site at no cost to the Federal Government, while at the same time providing for economic development and the creation of as many as 3,000 jobs.
I believe that this initiative offers a viable solution for the cleanup and reclamation of the Three Kids mine and could serve as a model for other similar sites across the country.
This legislation is a win for the economy, it is a win for the environment, and it is a win for the Federal taxpayer. I encourage my colleagues to join me in supporting this legislation.
Mr. GRIJALVA. Mr. Speaker, as I indicated, while the precedent of waiving the liability of the United States for the cleanup and reclamation of the site is of concern, of equal concern is the fact that Henderson has grown into the site, and grown closer and closer. BLM has stated they don't have the resources to provide the money to clean the site adequately, so it just sits there.
This developer, and if the consent decree is binding, as has been indicated by the sponsor, is an opportunity. While it is not a perfect opportunity from my perspective, it is indeed an opportunity to deal with that cleanup and not just have the site sit there in perpetuity without any attention as everything else grows around it.
Mr. Speaker, I yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I yield back the balance of my time and urge adoption of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Washington (Mr. Hastings) that the House suspend the rules and pass the bill, H.R. 2512, as amended.
The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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