[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 203 Reported in Senate (RS)]






                                                       Calendar No. 675
108th CONGRESS
  2d Session
                                 S. 203

                          [Report No. 108-319]

    To open certain withdrawn land in Big Horn County, Wyoming, to 
          locatable mineral development for bentonite mining.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2003

   Mr. Enzi introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                            August 25, 2004

 Reported under authority of the order of the Senate of July 22, 2004, 
    by Mr. Domenici, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To open certain withdrawn land in Big Horn County, Wyoming, to 
          locatable mineral development for bentonite mining.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. OPENING OF CERTAIN WITHDRAWN LAND IN WYOMING TO 
              LOCATABLE MINERAL DEVELOPMENT FOR BENTONITE 
              MINING.</DELETED>

<DELETED>    (a) In General.--Notwithstanding any other provision of 
law and subject to subsection (c), the land described in subsection (b) 
shall be open to locatable mineral development for bentonite 
mining.</DELETED>
<DELETED>    (b) Covered Land.--The land referred to in subsection (a) 
is approximately 40 acres of previously withdrawn land located in Big 
Horn County, Wyoming, at the sixth principal meridian, T. 56 N., R. 95 
W., Sec. 32. E</DELETED>\<DELETED>1/
2</DELETED>\<DELETED>E</DELETED>\<DELETED>1/
2</DELETED>\<DELETED>SE</DELETED>\<DELETED>1/4</DELETED>\<DELETED>, 
adjacent to Pit No. 144L covered by State of Wyoming Mining Permit No. 
321C.</DELETED>
<DELETED>    (c) Closure.--The Secretary of the Army may close the land 
opened by subsection (a) at any time if the Secretary determines that 
the closure of the land is required by reason of a national emergency 
or for the purpose of national defense or security.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Big Horn Bentonite Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered land.--The term ``covered land'' means the 
        approximately 20 acres of previously withdrawn land located in 
        the E\1/2\ NE\1/4\ SE\1/4\ of sec. 32, T. 56N., R. 95W., sixth 
        principal meridian, Big Horn County, Wyoming.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. AUTHORIZATION OF MINING AND REMOVAL OF BENTONITE.

    (a) In General.--Notwithstanding the withdrawal of the covered land 
for military purposes, the Secretary may, with the consent of the 
Secretary of the Army, permit the mining and removal of bentonite on 
the covered land.
    (b) Sole-Source Contract.--The Secretary shall enter into a sole-
source contract for the mining and removal of the bentonite from the 
covered land that provides for the payment to the Secretary of $1.00 
per ton of bentonite removed from the covered land.
    (c) Terms and Conditions.--
            (1) In general.--Mining and removal of bentonite under this 
        Act shall be subject to such terms and conditions as the 
        Secretary may prescribe for--
                    (A) the prevention of unnecessary or undue 
                degradation of the covered land; and
                    (B) the reclamation of the covered land after the 
                bentonite is removed.
            (2) Requirements.--The terms and conditions prescribed 
        under paragraph (1) shall be at least as protective of the 
        covered land as the terms and conditions established for Pit 
        No. 144L (BLM Case File WYW136110).
            (3) Land use plan.--In carrying out the provisions of this 
        Act, the Secretary is not required to amend any land use plan 
        under section 202 of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1712).
            (4) Termination of interest.--On completion of the mining 
        and reclamation authorized under this Act, any party that has 
        entered into the sole-source contract with the Secretary under 
        subsection (b) shall have no remaining interest in the covered 
        land.

SEC. 4. CLOSURE.

    (a) In General.--If the Secretary of the Army notifies the 
Secretary that closure of the covered land is required because of a 
national emergency or for the purpose of national defense or national 
security, the Secretary shall--
            (1) order the suspension of any activity authorized by this 
        Act on the covered land; and
            (2) close the covered land until the Secretary of the Army 
        notifies the Secretary that the closure is no longer necessary.
    (b) Liability.--Neither the Secretary nor the Secretary of the Army 
shall be liable for damages from a closure of the covered land under 
subsection (a).
            Amend the title so as to read: ``A bill to provide for the 
        sale of bentonite in Big Horn County, Wyoming.''.




                                                       Calendar No. 675

108th CONGRESS

  2d Session

                                 S. 203

                          [Report No. 108-319]

_______________________________________________________________________

                                 A BILL

    To open certain withdrawn land in Big Horn County, Wyoming, to 
          locatable mineral development for bentonite mining.

_______________________________________________________________________

                            August 25, 2004

        Reported with an amendment and an amendment to the title