Sec. 3. LAND CONVEYANCE
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## 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), 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. ###
(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. ####
(3)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 Secretary shall accept written notification from the Henderson Redevelopment Agency that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under subsection (a).
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