[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1251 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1251

  To authorize the Secretary of Energy to purchase certain essential 
   mineral rights as part of a comprehensive natural resource damage 
                              settlement.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2005

  Mr. Allard introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of Energy to purchase certain essential 
   mineral rights as part of a comprehensive natural resource damage 
                              settlement.

    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 Environmental Technology 
Site Act of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covenant not to sue.--The term ``covenant not to sue'' 
        means--
                    (A) a covenant not to sue under section 122(f) of 
                the Comprehensive Environmental Response, Compensation, 
                and Liability Act of 1980 (42 U.S.C. 9622(f)); and
                    (B) any similar covenant by the State of Colorado.
            (2) Essential mineral right.--
                    (A) In general.--The term ``essential mineral 
                right'' means a right to a mineral identified as 
                necessary to transition Rocky Flats to a National 
                Wildlife Refuge by--
                            (i) the Secretary; and
                            (ii) the Secretary of the Interior.
                    (B) Inclusion.--The term ``essential mineral 
                right'' may include a right to a mineral referred to in 
                section VIII(A) of the draft memorandum of 
                understanding between the Department of the Interior 
                and the Department of Energy, dated March 22, 2005 (70 
                Fed. Reg. 14455).
            (3) 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.
            (4) Natural resource damage liability.--The term ``natural 
        resource damage liability'' means natural resource damage 
        liability under section 107(a)(4)(C) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9607(a)(4)(C)).
            (5) 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''.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (7) 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)).

SEC. 3. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.

    (a) Purchase of Essential Mineral Rights.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall use amounts made 
        available under subsection (b) to purchase essential mineral 
        rights at Rocky Flats.
            (2) Conditions.--The Secretary shall not purchase an 
        essential mineral right under paragraph (1) unless--
                    (A) the owner of the essential mineral right is a 
                willing seller;
                    (B) the Secretary purchases the essential mineral 
                right at fair market value; and
                    (C)(i) the Trustees enter into a natural resources 
                damage settlement providing that the purchase of 
                essential mineral rights satisfies any existing or 
                potential natural resource damage liability claim 
                arising from releases of hazardous substances 
                identified in the administrative record for the site as 
                of the date of enactment of this Act; and
                    (ii) the settlement includes a covenant not to sue.
            (3) Limitation.--The Secretary shall purchase essential 
        mineral rights under paragraph (1) and satisfy any obligation 
        of the Secretary under a settlement of a natural resource 
        damage claim at Rocky Flats under section 122(f) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9622(f)) using only funds made 
        available under subsection (b).
            (4) Unwilling sellers.--If an owner of an essential mineral 
        right refuses to sell the right to the Secretary at fair market 
        value, the Secretary may satisfy any natural resource damage 
        liability obligation of the Secretary to the Trustees by paying 
        to the Trustees an amount equal to the fair market value of the 
        essential mineral right owned by the unwilling seller as part 
        of a settlement of a natural resource damage claim under 
        section 122(f) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9622(f)).
            (5) Release from liability.--Notwithstanding any other law, 
        any claim for damage to a natural resource under section 107(f) 
        of the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9607(f)) shall be considered 
        to be satisfied by--
                    (A) a purchase by the Secretary of an essential 
                mineral right under paragraph (1); or
                    (B) a payment by the Secretary to the Trustees 
                under paragraph (4).
            (6) Exemption from national environmental policy act.--A 
        purchase of an essential mineral right under this subsection 
        shall be exempt from the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 
2006.
                                 <all>