[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2111 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2111

 To facilitate acquisition by the Secretary of the Interior of certain 
                mineral rights, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2005

  Mr. Udall of Colorado (for himself and Mr. Beauprez) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To facilitate acquisition by the Secretary of the Interior of certain 
                mineral rights, 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, FINDINGS AND PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Rocky Flats 
Minerals Acquisition Act''.
    (b) Findings.--The Congress finds the following:
            (1) Pursuant to the Rocky Flats Wildlife Refuge Act of 2001 
        (Subtitle F of Public Law 107-107), upon completion of its 
        cleanup and closure, the Rocky Flats Environmental Technology 
        Site, in Colorado, will be transferred to the Department of the 
        Interior and managed as a unit of the National Wildlife Refuge 
        System.
            (2) Acquisition by the United States of certain mineral 
        rights associated with Rocky Flats is desirable in order to--
                    (A) further sound management of the site as a 
                wildlife refuge; and
                    (B) reduce the long-term responsibility of the 
                Department of Energy.
            (3) The likelihood of acquiring such rights will be 
        increased by providing the Secretary of the Interior with 
        additional methods for completion of the acquisition.
    (c) Purpose.--The purpose of this Act is to facilitate acquisition 
of mineral and other rights associated with the Rocky Flats site by 
authorizing the Secretary of the Interior to convey to the owners of 
such rights, with the concurrence of such owners, monetary credits or 
interests in certain public lands, instead of or in addition to making 
cash payments for such rights.

SEC. 2. AUTHORITY TO ACQUIRE MINERAL INTERESTS.

    Section 3174 of Public Law 107-107 (115 Stat. 1381) is amended by 
adding at the end the following:
    ``(g) Acquisition of Mineral Rights.--
            ``(1) In general.--The Secretary of the Interior may 
        acquire mineral interests, including interests in sand and 
        gravel, and any other non-Federal interests in lands or waters, 
        within Rocky Flats by--
                    ``(A) purchase with funds available to the 
                Secretary for such purpose;
                    ``(B) exchange under section 206 of the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 
                1716);
                    ``(C) issuance of credits in an amount equal to 
                some or all of the market value of the mineral or other 
                interests acquired, with the concurrence of the person 
                transferring such interests to the United States; or
                    ``(D) any combination of the means described in 
                subparagraphs (A), (B), and (C).
            ``(2) Definition of credits.--For purposes of this 
        subsection, the term `credits' means appropriate legal 
        instruments or other written documentation, or an entry in an 
        account managed by the Secretary of the Interior, that can be 
        used in lieu of any other monetary payment--
                    ``(A) for bonus bids for lease sales on the Outer 
                Continental Shelf; or
                    ``(B) for royalty due on oil or gas production 
                under any lease of an area located on the Outer 
                Continental Shelf outside the zone described in section 
                8(g)(2) of the Outer Continental Shelf Lands Act (43 
                U.S.C. 1337(g)(2)).
            ``(3) Transferability of credits.--Any credits issued under 
        this subsection shall be freely transferable to any other 
        person, if the transferor notifies the Secretary of the 
        Interior of the transfer by such method as the Secretary may 
        specify.
            ``(4) Expiration.--Any credits issued under this subsection 
        must be used within 10 years after the date on which they are 
        issued.
            ``(5) Acquisition through exchange.--
                    ``(A) Same-state restriction not applicable.--The 
                requirement under section 206(b) of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1716(b)) 
                that lands or interests exchanged under that section 
                must be located in the same State shall not apply to 
                land (or an interest in land) in Rocky Flats that is 
                acquired by the United States in an exchange under that 
                section.
                    ``(B) Limitation.--(i) Nothing in this subsection 
                shall be construed as authorizing disposal of any 
                public land or interest therein that has not been 
                identified as suitable for disposal pursuant to section 
                203 of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1713).
                    ``(ii) No lands or interests therein outside the 
                exterior boundaries of Rocky Flats may be acquired by 
                the Federal Government for the purposes of this Act 
                except with the consent of the owner thereof.
            ``(6) Management of acquired interests.--Any interests 
        acquired by the United States under this subsection shall be 
        managed by the Secretary of the Interior under the standards 
        that apply to the Rocky Flats National Wildlife Refuge. No 
        minerals acquired under this subsection shall be subject to 
        development or disposal by the United States or any other party 
        under any law related to minerals owned by the United States.
            ``(7) Relation to other authority.--The authorities 
        provided to the Secretary of the Interior by this subsection 
        are in addition to any other authority available to the 
        Secretary with regard to acquisition of non-Federal interests 
        located within Rocky Flats.''.
                                 <all>