[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.
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