[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4181 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4181

To authorize the acquisition of certain mineral rights in Colorado, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2005

Mr. Udall of Colorado introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the acquisition of certain mineral rights 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, 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, located 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 
                national 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 additional 
        methods for completion of the acquisition.
    (c) Purpose.--The purpose of this Act is to authorize and 
facilitate acquisition of mineral and other rights associated with the 
Rocky Flats site.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Mineral rights.--The term ``mineral rights'' means the 
        right, title, and interest of parties other than the United 
        States with respect to minerals located within the boundary of 
        the Rocky Flats National Wildlife Refuge.
            (2) Fair market value.--The term ``fair market value'' 
        means the value of a mineral right, as determined by an 
        appraisal performed by an independent, certified mineral 
        appraiser under the Uniform Standards of Professional Appraisal 
        Practice.
            (3) Natural resource damage liability claim.--The term 
        ``natural resource damage liability claim'' means a natural 
        resource damage liability claim under subsections (a)(4)(C) and 
        (f) of section 107 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9607) 
        arising from hazardous substances releases at or from Rocky 
        Flats that, as of the date of enactment of this Act, are 
        identified in the administrative record for Rocky Flats 
        required by the National Oil and Hazardous Substances Pollution 
        Contingency Plan prepared under section 105 of that Act (42 
        U.S.C. 9605).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (5) Trustees.--The term ``Trustees'' means the Federal and 
        State officials designated as trustees under section 107(f)(2) 
        of the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9607(f)(2)).
            (6) Rocky flats.--The term ``Rocky Flats'' means the 
        Department of Energy facility in the State of Colorado known as 
        the ``Rocky Flats Environmental Technology Site''.
            (7) Rocky flats national wildlife refuge.--The term ``Rocky 
        Flats National Wildlife Refuge'' has the same meaning as in the 
        Rocky Flats National Wildlife Refuge Act (subtitle F of Public 
        Law 107-107).

SEC. 3. PURCHASE OF MINERAL RIGHTS.

    (a) Purchase of Mineral Rights.--
            (1) In general.--The Secretary may purchase mineral rights.
            (2) Conditions.--The Secretary shall not purchase a mineral 
        right under paragraph (1) unless--
                    (A) the owner of the mineral right is a willing 
                seller; and
                    (B) the Secretary purchases the mineral right at 
                fair market value.
    (b) Consultation Regarding Priority.--The Secretary shall consult 
with the Secretary of the Interior in order to identify which purchases 
of mineral rights should have the highest priority.
    (c) Retention of Minerals.--Mineral rights purchased under this Act 
shall be retained by the United States, and are hereby withdrawn from 
disposal under the mining and mineral leasing laws of the United 
States.

SEC. 4. FUNDING AND RELEASE FROM LIABILITY.

    (a) Funding.--For the purpose of purchasing mineral rights under 
this Act, the Secretary may use--
            (1) of the amounts appropriated to the Secretary for the 
        Rocky Flats Environmental Technology Site during fiscal year 
        2006, $10,000,000; and
            (2) any other funds appropriated for such purpose.
    (b) Release From Liability.--Notwithstanding any other law, any 
natural resource damage liability claim shall be considered to be 
satisfied by--
            (1) the purchase by the Secretary of mineral rights for 
        consideration in an amount equal to $10,000,000;
            (2) the payment by the Secretary to the Trustees of 
        $10,000,000; or
            (3) the purchase by the Secretary of any portion of mineral 
        rights for--
                    (A) consideration in an amount less than 
                $10,000,000; and
                    (B) a payment by the Secretary to the Trustees of 
                an amount equal to the difference between $10,000,000 
                and the amount paid under subparagraph (A).
    (c) Use of Funds.--
            (1) In general.--Any amounts received by the Trustees under 
        subsection (b) shall be used by the Trustees for the purposes 
        described in section 107(f)(1) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9607(f)(1)), including--
                    (A) the purchase of any additional Rocky Flats 
                mineral rights that were not purchased by the Secretary 
                under this subsection; and
                    (B) the development of habitat restoration projects 
                at Rocky Flats.
            (2) Condition.--Any expenditure of funds under this 
        paragraph shall be made jointly by the Trustees.
            (3) Additional funds.--The Trustees may use the funds 
        received under subsection (b)(3) in conjunction with other 
        private and public funds.

SEC. 5. TRANSFER OF MANAGEMENT RESPONSIBILITIES FOR LANDS CONTAINING 
              ROCKY FLATS MINERALS.

    Notwithstanding the Rocky Flats National Wildlife Refuge Act (16 
U.S.C. 668dd note; Public Law 107-107), administrative jurisdiction 
over lands in Rocky Flats where active development of mineral rights is 
occurring shall remain with the Secretary and shall not be transferred 
to the Secretary of the Interior until such time as mining has 
terminated and the lands have been reclaimed by the mineral rights 
holders in accordance with requirements established by the State of 
Colorado.

SEC. 6. ADDITIONAL 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 Interests and Interests in Lands or 
Waters.--
            ``(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 
        shall expire 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) Limitations.--
                            ``(i) Suitability for disposal.--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) Lands outside exterior boundaries.--
                        No lands (or interests therein) located outside 
                        the exterior boundaries of Rocky Flats may be 
                        acquired by the Federal Government for the 
                        purposes of this subtitle 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.''.

SEC. 7. EXEMPTION.

    No acquisition of mineral rights under this Act shall be considered 
to constitute a major Federal action significantly affecting the 
quality of the human environment for purposes of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
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