Three Kids Mine Remediation and Reclamation Act

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Three Kids Mine Remediation and Reclamation Act
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Full titleTo 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.
Introduced in 113th United States Congress
Introduced onFebruary 14, 2013
Sponsored by Rep. Joseph J. Heck (R, NV-3)
Number of co-sponsors3
Citations
Public Law Pub.L.   113–135
Effects and codifications
Act(s) affected Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Federal Land Policy and Management Act of 1976, Southern Nevada Public Land Management Act of 1998
U.S.C. section(s) affected 42 U.S.C.   § 9601 , 43 U.S.C.   § 1712 , 43 U.S.C.   § 1713 , 43 U.S.C.   § 1717 , 31 U.S.C.   § 6901(note)
Agencies affected United States Department of the Interior, United States Bureau of Reclamation,
[H.R. 697 Legislative history]

The Three Kids Mine Remediation and Reclamation Act (H.R. 697; Pub.L.   113–135) is a U.S. public law that authorizes the sale of approximately 950 acres of federal land to the city of Henderson, Nevada. [1] The land used to be a mine and now needs significant environmental remediation and reclamation. [2] The bill was introduced into the United States House of Representatives during the 113th United States Congress; a previous version (H.R. 2512) passed the House during the 112th United States Congress, but never received a vote in the Senate. [3] Cleanup efforts of the land are expected to cost between $300 million and $1.2 billion, depending on various estimates and cleanup targets. [3]

An Act of Congress is a statute enacted by the United States Congress. It can either be a Public Law, relating to the general public, or a Private Law, relating to specific institutions or individuals.

Henderson, Nevada City in Nevada, United States

Henderson is a city in Clark County, Nevada, United States, about 16 miles (26 km) southeast of Las Vegas. It is the second-largest city in Nevada, after Las Vegas, with an estimated population of 310,390 in 2018. The city is part of the Las Vegas metropolitan area, which spans the entire Las Vegas Valley. Henderson occupies the southeastern end of the valley, at an elevation of 1,864 feet (568 m).

United States House of Representatives Lower house of the United States Congress

The United States House of Representatives is the lower house of the United States Congress, the Senate being the upper house. Together they compose the national legislature of the United States.

Contents

Provisions/Elements of the bill

This summary is based largely on the summary provided by the Congressional Research Service, a public domain source. [1]

Congressional Research Service Public think tank

The Congressional Research Service (CRS), known as Congress's think tank, is a public policy research institute of the United States Congress. As a legislative branch agency within the Library of Congress, CRS works primarily and directly for Members of Congress, their Committees and staff on a confidential, nonpartisan basis.

The public domain consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.

The Three Kids Mine Remediation and Reclamation Act would direct the United States Department 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) for the environmental remediation and reclamation of the Three Kids Mine Project Site. [1] The bill also would direct the Secretary of the Interior to administratively adjust the fair market value of the Three Kids Mine Federal Land based on the reasonable approximate assessment, remediation, and reclamation costs for the Three Kids Mine Project Area. [1] The bill would then require the Henderson Redevelopment Agency to pay the fair market value, if any for the Three Kids Mine Federal Land.

United States Department of the Interior Cabinet level department of the United States federal government

The United States Department of the Interior (DOI) is a federal executive department of the U.S. government. It is responsible for the management and conservation of most federal lands and natural resources, and the administration of programs relating to Native Americans, Alaska Natives, Native Hawaiians, territorial affairs, and insular areas of the United States. About 75% of federal public land is managed by the department, with most of the remainder managed by the United States Department of Agriculture's United States Forest Service.

Federal lands are lands in the United States owned by the citizens of the United States. They are held in public trust and managed by the federal government. Pursuant to the Property Clause of the United States Constitution, the Congress has the power to retain, buy, sell, and regulate federal lands, such as by limiting cattle grazing on them. These powers have been recognized in a long line of U.S. Supreme Court decisions.

Environmental remediation deals with the removal of pollution or contaminants from environmental media such as soil, groundwater, sediment, or surface water. This would mean that once requested by the government or a land remediation authority, immediate action should be taken as this can impact negatively on human health and the environment.

The bill would adjust the boundary of the River Mountains Area of Critical Environmental Concern. It also 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 or mining related materials at the Three Kids Mine Project Site. [1]

Finally, it would make the provisions of the Southern Nevada Public Land Management Act of 1998 (Pub.L.   105–273) inapplicable to land conveyed under this Act. [1]

Congressional Budget office report

PD-icon.svg This article incorporates  public domain material from websites or documents ofthe Congressional Budget Office . [2]

Congressional Budget Office Government agency

The Congressional Budget Office (CBO) is a federal agency within the legislative branch of the United States government that provides budget and economic information to Congress. Inspired by California's Legislative Analyst's Office that manages the state budget in a strictly nonpartisan fashion, the CBO was created as a nonpartisan agency by the Congressional Budget and Impoundment Control Act of 1974.

H.R. 697 would require the Bureau of Land Management (BLM) to sell 950 acres of federal land, some of which are contaminated by hazardous waste, to the city of Henderson, Nevada. [2] Under the bill, the agency would determine the sale price by estimating the fair market value of the land and reducing that amount by the estimated cost of any necessary environmental remediation and mining reclamation activities at the site. [2] The city of Henderson would be responsible for those costs following the sale. Based on information from the BLM, the Congressional Budget Office (CBO) estimates that implementing the legislation would have no significant impact on the federal budget. Enacting the bill would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. [2]

Roughly 15 percent of the lands that would be sold under the bill are contaminated and will require mine reclamation and environmental remediation. [2] Based on information provided by the BLM and the city of Henderson, the CBO estimates that the agency is unlikely to receive any financial compensation for any of the land because remediation and reclamation costs would exceed the land’s fair market value. [2] Because the CBO expects that the affected lands would not generate any receipts under current law over the next 10 years, we estimate that conveying the lands under the bill would have no significant impact on the federal budget. [2]

Procedural history

The Three Kids Mine Remediation and Reclamation Act was introduced into the House by Rep. Joe Heck (R-NV) on February 14, 2013. [4] The bill was referred to the United States House Committee on Natural Resources and two of its subcommittees: the United States House Natural Resources Subcommittee on Energy and Mineral Resources and the United States House Natural Resources Subcommittee on Public Lands and Environmental Regulation. [5] On July 8, 2013, it was reported (amended) by the Committee on Natural Resources alongside House Report 113-137. [4] On Friday, July 19, 2013, House Majority Leader Eric Cantor announced that H.R. 697 would be on the schedule for consideration under a suspension of the rules on July 22, 2013. [6] [7] The bill passed by voice vote on July 22, 2013. The bill was received in the United States Senate and referred to the United States Senate Committee on Energy and Natural Resources. On July 9, 2014, the Senate passed the bill by unanimous consent. [4] President Barack Obama signed the bill into law on July 25, 2014. [4]

Debate and discussion

The City of Henderson, NV paid a lobbyist organization $10,000 in 2013, part of which went to fund lobbying activities in favor of the Three Kids Mine Remediation and Reclamation Act. [8]

In 2013, the Las Vegas Sun listed off the Three Kids Mine Remediation and Reclamation Act as item number three in its list of "Top 10 Nevada land swaps stalled in Congress," noting that 87 percent of Nevada's land is federally owned. [9]

See also

Notes/References

  1. 1 2 3 4 5 6 "H.R. 697 - Summary". United States Congress. Retrieved 22 July 2013.
  2. 1 2 3 4 5 6 7 8 "CBO - H.R. 697". Congressional Budget Office. Retrieved 22 July 2013.
  3. 1 2 "Legislative Digest - H.R. 697". House Republicans. Archived from the original on 9 October 2013. Retrieved 22 July 2013.
  4. 1 2 3 4 "H.R. 697 - Actions". United States Congress. Retrieved 1 August 2014.
  5. "H.R. 697 - Committees". United States Congress. Retrieved 1 August 2014.
  6. "Majority Leader's Schedule - July 22, 2013" (PDF). House Majority Leader's Office. Retrieved 22 July 2013.[ permanent dead link ]
  7. Kasperowicz, Pete (July 22, 2013). "Monday: Expanding intelligence activities at DHS". The Hill. Retrieved 22 July 2013.
  8. "Lobbying - City of Henderson, NV - Bills lobbied". Center for Responsive Politics. Retrieved 22 July 2013.
  9. Demirjian, Karoun (February 28, 2013). "Top 10 Nevada land swaps stalled in Congress". Las Vegas Sun. Retrieved 22 July 2013.

PD-icon.svg This article incorporates  public domain material from websites or documents ofthe United States Government .

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