[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 812 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 812

To establish the Rocky Flats National Wildlife Refuge in Colorado, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2001

   Mr. Udall of Colorado (for himself, Mr. Hefley, Ms. DeGette, Mr. 
 Tancredo, and Mr. Schaffer) introduced the following bill; which was 
    referred to the Committee on Resources, and in addition, to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish the Rocky Flats National Wildlife Refuge in Colorado, 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 ``Rocky Flats National Wildlife Refuge 
Act of 2001''.

 SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The Federal Government, through the Atomic Energy 
        Commission, acquired Rocky Flats in 1951 and began operations 
        there in 1952. The site remains a Department of Energy 
        facility. Since 1992, the mission of Rocky Flats has changed 
        from the production of nuclear weapons components to cleanup 
        and closure in a manner that is safe, environmentally and 
        socially responsible, physically secure, and cost-effective.
            (2) The site has generally remained undisturbed since its 
        acquisition by the Federal Government.
            (3) The State of Colorado is experiencing increasing growth 
        and development, especially in the metropolitan Denver Front 
        Range area in the vicinity of Rocky Flats. This growth and 
        development reduces the amount of open space and thereby 
        diminishes for many metropolitan Denver communities the vistas 
        of the striking Front Range mountain backdrop.
            (4) Some areas of the site currently contain contamination 
        and will require further remediation. The national interest 
        requires that the ongoing cleanup and closure of the entire 
        site be completed safely, effectively, and without unnecessary 
        delay and that the site thereafter be retained by the United 
        States and managed so as to preserve its value for open space 
        and wildlife habitat.
            (5) Rocky Flats provides habitat for many wildlife species, 
        including a number of threatened species and endangered 
        species, and is marked by the presence of rare xeric tallgrass 
        prairie plant communities. Establishing the site as a unit of 
        the National Wildlife Refuge System will promote the 
        preservation and enhancement of these resources for present and 
        future generations.
    (b) Purpose.--The purpose of this Act is to provide for the 
establishment of Rocky Flats as a national wildlife refuge while 
creating a process for public input on refuge management and ensuring 
that the site is thoroughly and completely cleaned up.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Cleanup and closure.--The term ``cleanup and closure'' 
        means the remedial actions and decommissioning activities being 
        undertaken at Rocky Flats by the Department of Energy under the 
        1996 Rocky Flats Cleanup Agreement, the closure plans and 
        baselines, and any other relevant documents or requirements.
            (2) Coalition.--The term ``Coalition'' means the Rocky 
        Flats Coalition of Local Governments established by the 
        Intergovernmental Agreement, dated February 16, 1999, among--
                    (A) the city of Arvada, Colorado;
                    (B) the city of Boulder, Colorado;
                    (C) the city of Broomfield, Colorado;
                    (D) the city of Westminster, Colorado;
                    (E) the town of Superior, Colorado;
                    (F) Boulder County, Colorado;
                    (G) Jefferson County, Colorado.
            (3) Hazardous substance.--The term ``hazardous substance'' 
        has the meaning given the term under section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (4) Pollutant or contaminant.--The term ``pollutant or 
        contaminant'' has the meaning given the term under section 101 
        of the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (5) Refuge.--The term ``refuge'' means the Rocky Flats 
        National Wildlife Refuge established under section 7.
            (6) Response action.--The term ``response action'' has the 
        meaning given the term ``response'' under section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601) or any other similar 
        provision under State law.
            (7) RFCA.--The term ``RFCA'' means the Rocky Flats Cleanup 
        Agreement, an intergovernmental agreement, dated July 19, 1996, 
        among--
                    (A) the Department of Energy;
                    (B) the Environmental Protection Agency; and
                    (C) the Department of Public Health and Environment 
                of the State of Colorado.
            (8) Rocky flats.--The term ``Rocky Flats'' means the Rocky 
        Flats Environmental Technology Site, Colorado, a defense 
        nuclear facility, as depicted on the map entitled ``Rocky Flats 
        Environmental Technology Site'', dated July 15, 1998.
            (9) Rocky flats trustees.--The term ``Rocky Flats 
        Trustees'' means the Federal and State of Colorado entities 
        that have been identified as trustees for the Rocky Flats under 
        section 107(f)(2) of the Comprehensive, Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 4. FUTURE OWNERSHIP AND MANAGEMENT.

    (a) Federal Ownership.--Unless the Congress provides otherwise in 
an Act enacted after the date of the enactment of this Act, all right, 
title, and interest of the United States, held on or acquired after the 
date of the enactment of this Act, to lands within the boundaries of 
Rocky Flats shall be retained by the United States.
    (b) Lindsay Ranch.--The structures that comprise the former Lindsay 
Ranch homestead site in the Rock Creek Reserve area of the buffer zone 
as depicted on the map referred to in section 3(8) shall be permanently 
preserved and maintained in accordance with the National Historic 
Preservation Act (16 U.S.C. 470 et seq.).
    (c) Prohibition Against Annexation.--The Secretary of the Interior 
shall not allow the annexation of land within the refuge by any unit of 
local government.
    (d) Prohibition Against Through Roads.--Except as provided in 
subsection (e), no public road shall be constructed through Rocky 
Flats.
    (e) Transportation Right-of-Way.--
            (1) In general.--
                    (A) Availability of land.--On submission of an 
                application meeting each of the conditions specified in 
                paragraph (2), the Secretary and the Secretary of the 
                Interior shall make available land along the eastern 
                boundary of Rocky Flats for the sole purpose of 
                transportation improvements along Indiana Street.
                    (B) Boundaries.--Land made available under this 
                paragraph may not extend more than 300 feet from the 
                west edge of the Indiana Street right-of-way, as that 
                right-of-way exists as of the date of enactment of this 
                Act.
                    (C) Easement or sale.--Land may be made available 
                under this paragraph by easement or sale to 1 or more 
                appropriate entities.
                    (D) Compliance with applicable law.--Any action 
                under this paragraph shall be taken in compliance with 
                applicable law.
            (2) Conditions.--An application for land under this 
        subsection may be submitted by any county, city, or other 
        political subdivision of the State of Colorado and shall 
        include documentation demonstrating that--
                    (A) the transportation project is constructed so as 
                to minimize adverse impacts on the management of Rocky 
                Flats as a wildlife refuge; and
                    (B) the transportation project is included in the 
                Regional Transportation Plan of the Metropolitan 
                Planning Organization for the Denver metropolitan area 
                designated under 49 U.S.C. 5303 et seq.

SEC. 5. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER 
              ROCKY FLATS.

    (a) In General.--
            (1) Memorandum of understanding.--No later than one year 
        after the date of enactment of this Act, the Secretary and the 
        Secretary of the Interior shall publish in the Federal Register 
        a draft Memorandum of Understanding under which the Secretary 
        shall transfer to the Secretary of the Interior administrative 
        jurisdiction over Rocky Flats. This memorandum of understanding 
        shall provide for the timing of the transfer, the division of 
        responsibilities between the Secretary and the Secretary of the 
        Interior for the period ending on the date of the transfer, and 
        an appropriate allocation of costs and personnel to the 
        Secretary of the Interior, except that the Memorandum of 
        Understanding shall not result in any reduction in funds 
        available to the Secretary for cleanup and closure of Rocky 
        Flats. No later than 18 months after the date of enactment of 
        this Act, the Secretary and Secretary of the Interior shall 
        finalize and implement this memorandum of understanding.
            (2) Exclusions.--The transfer under paragraph (1) shall not 
        include any property or facility over which the Secretary 
        retains jurisdiction, authority, and control under subsection 
        (b)(1).
            (3) Condition.--The transfer under paragraph (1) shall 
        occur no sooner than the signing by the Environmental 
        Protection Agency's Regional Administrator for Region VIII of 
        the Final On-site Record of Decision for Rocky Flats and no 
        later than 10 business days after such signing.
            (4) Cost; improvements.--The transfer--
                    (A) shall be completed without cost to the 
                Secretary of the Interior; and
                    (B) may include such buildings or other 
                improvements as the Secretary of the Interior may 
                request in writing for refuge management purposes.
    (b) Property and Facilities Excluded From Transfers.--
            (1) In general.--The Secretary shall retain jurisdiction, 
        authority, and control over all real property and facilities at 
        Rocky Flats that are to be used for--
                    (A) any necessary and appropriate long-term 
                operation and maintenance facilities to intercept, 
                treat, and control any radionuclide or other hazardous 
                substance, pollutant, or other contaminant; or
                    (B) any other purpose related to a response action 
                or any other action that is required to be carried out 
                at Rocky Flats.
            (2) Consultation.--The Secretary shall consult with the 
        Secretary of the Interior, the Administrator of the 
        Environmental Protection Agency, and the State of Colorado on 
        the identification of all property to be retained under this 
        subsection to ensure the continuing effectiveness of response 
        actions. The Secretary shall consult with the Secretary of the 
        Interior on the management of the retained property to minimize 
        any conflict between management of property transferred to the 
        Secretary of the Interior and that retained by the Secretary 
        for response actions. However, in the case of any such 
        conflict, implementation and maintenance of the response action 
        shall take priority.
            (3) Access.--As a condition of the transfer under 
        subsection (a), the Secretary shall be provided such easements 
        and access as may be reasonably required to carry out any 
        obligation or address any other liability.
    (c) Administration.--
            (1) In general.--On completion of the transfer under 
        subsection (a), the Secretary of the Interior shall administer 
        Rocky Flats in accordance with this Act subject to--
                    (A) any response action or institutional control at 
                Rocky Flats carried out by or under the authority of 
                the Secretary under the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.); and
                    (B) any other action required under any other 
                Federal or State law to be carried out by or under the 
                authority of the Secretary.
            (2) Conflict.--In case of any conflict between management 
        of Rocky Flats by the Secretary of the Interior and the conduct 
        of any response action or other action described in 
        subparagraph (A) or (B) of paragraph (1), the response action 
        or other action shall take priority.
            (3) Continuing actions.--Except as provided in paragraph 
        (1), nothing in this subsection affects any response action or 
        other action initiated at Rocky Flats on or before the date of 
        the transfer under subsection (a).
            (4) Liability.--The Secretary shall retain any obligation 
        or other liability under the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601 et seq.), or any other applicable provision of law for 
        land transferred under subsection (a).

SEC. 6. CONTINUATION OF ENVIRONMENTAL CLEANUP AND CLOSURE.

    (a) Ongoing Cleanup and Closure.--The Secretary shall continue to 
carry out to completion cleanup and closure at Rocky Flats. Nothing in 
this Act, and no actions taken under this Act, shall be construed to 
restrict the Secretary from employing new cleanup technologies that may 
become available.
    (b) Rules of Construction.--
            (1) Obligations, liability, and rfca, generally.--Nothing 
        in this Act, and no action taken under this Act, shall relieve 
        the Secretary, the Administrator of the Environmental 
        Protection Agency, or any other person from any obligation or 
        other liability with respect to Rocky Flats under the RFCA or 
        any applicable Federal or State law. Nothing in this Act 
        impairs or alters any provision of the RFCA.
            (2) Degree of cleanup.--Except as provided in paragraph 
        (3), nothing in this Act shall be construed to affect the 
        degree of cleanup and closure at Rocky Flats required under the 
        RFCA or any Federal or State law.
            (3) Level of cleanup.--(A) The requirements of this Act for 
        establishment and management of Rocky Flats as a national 
        wildlife refuge shall not affect the level of cleanup and 
        closure.
            (B) The Secretary is required to conduct cleanup and 
        closure of Rocky Flats to the levels hereafter established for 
        soil, water, and other media following a thorough review by the 
        parties to the RFCA and the public (including the United States 
        Fish and Wildlife Service and other interested government 
        agencies) of the appropriateness of the interim levels in the 
        RFCA.
            (4) Federal obligation to control contamination.--Nothing 
        in this Act, and no actions taken under this Act, shall affect 
        any long-term obligation of the United States for funding, 
        construction, monitoring, or operation and maintenance of any 
        necessary and appropriate intercept and treatment facilities or 
        any other measures to control contamination.
    (c) Payment of Response Action Costs.--Nothing in this Act affects 
the obligation of a Federal department or agency that had or has 
operations at Rocky Flats resulting in the release or threatened 
release of a hazardous substance, pollutant, or contaminant to pay the 
costs of response actions carried out to abate the release of, or clean 
up, the hazardous substance, pollutant, or contaminant.
    (d) Consultation.--In carrying out a response action at Rocky 
Flats, the Secretary shall consult with the Secretary of the Interior 
to ensure that the response action is carried out in a manner that, 
while not impairing attainment of the purpose of the response action, 
minimizes to the extent practicable, adverse impacts on the refuge.

SEC. 7. ROCKY FLATS NATIONAL WILDLIFE REFUGE.

    (a) Establishment.--Not later than 30 days after the transfer of 
jurisdiction under section 5(a)(3), the Secretary of the Interior shall 
establish at Rocky Flats a national wildlife refuge to be known as the 
``Rocky Flats National Wildlife Refuge''.
    (b) Composition.--The refuge shall consist of the real property 
transferred under section 5(a)(1).
    (c) Notice.--The Secretary of the Interior shall publish in the 
Federal Register a notice of the establishment of the refuge.
    (d) Administration and Purposes.--
            (1) In general.--The Secretary of the Interior shall manage 
        the refuge in accordance with all applicable provisions of law, 
        including this Act and the National Wildlife Refuge System 
        Administration Act of 1966 (16 U.S.C. 668dd et seq.), including 
        the purposes specified in that Act.
            (2) Purposes.--To the extent consistent with applicable 
        provisions of law, the refuge shall be managed for the purposes 
        of--
                    (A) restoring and preserving native ecosystems;
                    (B) providing habitat for and population management 
                of native plants and migratory and resident wildlife;
                    (C) conserving threatened species and endangered 
                species (including species that are candidates for 
listing under the Endangered Species Act of 1973);
                    (D) providing opportunities for compatible 
                environmental scientific research; and
                    (E) providing the public with opportunities for 
                compatible wildlife-dependent outdoor recreational and 
                educational activities.

SEC. 8. PUBLIC INVOLVEMENT.

    (a) In General.--
            (1) Establishment of process.--Not later than 90 days after 
        the date of enactment of this Act, in developing plans for the 
        management of fish and wildlife and public use of the refuge, 
        the Secretary of the Interior, in consultation with the 
        Secretary, the members of the Coalition, the Governor of the 
        State of Colorado, and the Rocky Flats trustees, shall 
        establish a process for involvement of the public and local 
        communities to accomplish the purposes and objectives of this 
        section.
            (2) Other participants.--In addition to the entities 
        identified in paragraph (1), the public involvement process 
        shall include the opportunity for direct involvement of 
        entities not presently members of the Coalition, including the 
        Rocky Flats Citizens' Advisory Board and the cities in Colorado 
        of Thornton, Northglenn, Golden, Louisville, and Lafayette.
            (3) Dissolution of the coalition.--In the event that the 
        Coalition dissolves, or any Coalition member chooses to leave 
        the Coalition during the public involvement process outlined in 
        this section, the public involvement process under this section 
        shall continue and an opportunity shall be provided to each 
        entity comprising the Coalition on September 1, 2000, for 
        direct involvement in the public-participation process.
            (4) Purposes.--The public involvement process developed 
        under paragraph (1) shall provide input and make 
        recommendations to the Secretary and the Secretary of the 
        Interior on the following:
                    (A) The long-term management of the refuge 
                consistent with the refuge purposes identified in 
                section 7(d) of this Act and the National Wildlife 
                Refuge System Administration Act of 1966 (16 U.S.C. 
                668dd et seq.).
                    (B) The identification of any land referred to in 
                section 4(e) that could be made available for 
                transportation purposes.
                    (C) The potential for leasing any land on Rocky 
                Flats for the National Renewable Energy Laboratory to 
                carry out projects related to the National Wind 
                Technology Center.
                    (D) The characteristics and configuration of any 
                perimeter fencing that may be necessary, appropriate or 
                compatible for cleanup and closure, refuge, or other 
                purposes.
                    (E) The feasibility of locating, and potential 
                location for, a visitor and education center at the 
                refuge.
                    (F) The establishment of a Rocky Flats museum 
                described in section 10.
                    (G) Any other issues relevant to the site.
            (5) Report.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        submit to the Congress a report outlining the conclusions of 
        the public involvement process and, to the degree that any 
        input or recommendations from the public involvement process 
        were not accepted, clearly stating the reasons for not 
        accepting such input or recommendations.

SEC. 9. PROPERTY RIGHTS.

    (a) In General.--Except as provided in subsection (c), nothing in 
this Act limits any valid, existing property rights at Rocky Flats 
which are owned by any party. Such property rights include, but are not 
limited to--
            (1) mineral rights;
            (2) water rights and easements related thereto; and
            (3) facilities and rights-of-way for utilities.
    (b) Access.--Except as provided in subsection (c), nothing in this 
Act shall affect any right of an owner of property rights described in 
subsection (a) to access to the owner's property.
    (c) Reasonable Conditions.--The Secretary or Secretary of the 
Interior may impose such reasonable conditions on access to the 
property rights referred to in this section as may be necessary and 
appropriate for the cleanup and closure of Rocky Flats and for the 
management of the refuge. Nothing in this Act shall affect any other 
applicable Federal, State, or local law or regulation related to the 
use, development, and management of property rights described in 
subsection (a). Nothing in this subsection shall preclude the exercise 
of any existing access right necessary to perfect or maintain an 
existing water right.
    (d) Purchase of Mineral Rights.--The Secretary shall seek to 
acquire any and all mineral rights at Rocky Flats through donation or 
through purchase or exchange for fair market value from willing 
sellers. The Secretary or the Secretary of the Interior is authorized 
to use funds specifically provided by the Congress to acquire such 
mineral rights, but no funds appropriated for cleanup and closure of 
Rocky Flats may be used for such acquisition.
    (e) Utility Extension.--The Secretary or the Secretary of the 
Interior may allow not more than one extension from an existing utility 
right-of-way on Rocky Flats, if necessary. Such extension, if any, 
shall be subject to the conditions in subsection (c).
    (f) Easement Surveys.--
            (1) In general.--Until the date that is 180 days after the 
        date of enactment of this Act, any entity that possesses any 
        decreed water right or prescriptive easement related to lands 
        at Rocky Flats shall be entitled to carry out such surveys at 
        Rocky Flats as may be necessary to perfect any such right or 
        easement.
            (2) Limitation on conditions.--Activities pursuant to 
        paragraph (1)--
                    (A) until the transfer of management 
                responsibilities pursuant to section 5(a)(3), shall be 
                subject only to such conditions as the Secretary of 
                Energy may impose in order to minimize interference 
                with the cleanup and closure of Rocky Flats; and
                    (B) after such transfer, shall be subject only to 
                such conditions as the Secretary of the Interior may 
                impose in order to minimize adverse effects on 
                management of the refuge.

SEC. 10. ROCKY FLATS MUSEUM.

    (a) In General.--In order to commemorate the contribution that 
Rocky Flats and its worker force provided to the winning of the cold 
war and the impact it has had on the nearby communities and the State 
of Colorado, the Secretary is authorized to establish a Rocky Flats 
Museum.
    (b) Location.--The Rocky Flats Museum to be established under 
subsection (a) shall be located in the city of Arvada, unless after 
compliance with subsection (c) the Secretary determines otherwise.
    (c) Study.--The Secretary shall consult with the city of Arvada, 
other local communities, and the Colorado State Historical Society on 
the development of the museum, its siting, and any other issues 
relevant to its development and construction.
    (d) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary, in coordination with the city of Arvada, 
Colorado, shall submit a report to the Congress regarding the costs 
associated with the construction of the museum and any other relevant 
issues to its construction and development.

SEC. 11. FUNDING.

    Beginning at the time of submission of the first Presidential 
budget proposal submitted under section 1105(a) of title 31, United 
States Code, after the date of enactment of this Act, the Secretary and 
the Secretary of the Interior shall annually inform the Committee on 
Appropriations and the Committee on Resources of the House of 
Representatives and appropriate Committees of the Senate as to the 
costs incurred in implementing this Act during the preceding fiscal 
year and the funds required to implement this Act during the current 
and subsequent fiscal years.
                                 <all>