[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1835 Introduced in Senate (IS)]


109th CONGRESS
  1st Session
                                S. 1835

  To authorize the Secretary of Energy to purchase certain essential 
  mineral rights and resolve natural resource damage liability claims.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2005

Mr. Allard (for himself and Mr. Salazar) 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 and resolve natural resource damage liability claims.

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

SECTION 1. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.

    (a) Definitions.--In this Act:
            (1) Essential mineral right.--The term ``essential mineral 
        right'' means a right to mine sand and gravel at Rocky Flats, 
        as depicted on the map.
            (2) Fair market value.--The term ``fair market value'' 
        means the value of an essential mineral right, as determined by 
        an appraisal performed by an independent, certified mineral 
        appraiser under the Uniform Standards of Professional Appraisal 
        Practice.
            (3) Map.--The term ``map'' means the map entitled ``Rocky 
        Flats National Wildlife Refuge'', dated July 25, 2005, and 
        available for inspection in appropriate offices of the United 
        States Fish and Wildlife Service and the Department of Energy.
            (4) 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).
            (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)).
    (b) Purchase of Essential Mineral Rights.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, such amounts authorized to be 
        appropriated under subsection (c) shall be available to the 
        Secretary 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; and
                    (B) the Secretary purchases the essential mineral 
                right for an amount that does not exceed fair market 
                value.
            (3) Limitation.--Only those funds authorized to be 
        appropriated under subsection (c) shall be available for the 
        Secretary to purchase essential mineral rights under paragraph 
        (1).
            (4) Release from liability.--Notwithstanding any other law, 
        any natural resource damage liability claim shall be considered 
        to be satisfied by--
                    (A) the purchase by the Secretary of essential 
                mineral rights under paragraph (1) for consideration in 
                an amount equal to $10,000,000;
                    (B) the payment by the Secretary to the Trustees of 
                $10,000,000; or
                    (C) the purchase by the Secretary of any portion of 
                the mineral rights under paragraph (1) for--
                            (i) consideration in an amount less than 
                        $10,000,000; and
                            (ii) a payment by the Secretary to the 
                        Trustees of an amount equal to the difference 
                        between--
                                    (I) $10,000,000; and
                                    (II) the amount paid under clause 
                                (i).
            (5) Use of funds.--
                    (A) In general.--Any amounts received under 
                paragraph (4) 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--
                            (i) the purchase of additional mineral 
                        rights at Rocky Flats; and
                            (ii) the development of habitat restoration 
                        projects at Rocky Flats.
                    (B) Condition.--Any expenditure of funds under this 
                paragraph shall be made jointly by the Trustees.
                    (C) Additional funds.--The Trustees may use the 
                funds received under paragraph (4) in conjunction with 
                other private and public funds.
            (6) Exemption from national environmental policy act.--Any 
        purchases of mineral rights under this subsection shall be 
        exempt from the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            (7) Rocky flats national wildlife refuge.--
                    (A) Transfer of management responsibilities.--The 
                Rocky Flats National Wildlife Refuge Act of 2001 (16 
                U.S.C. 668dd note; Public Law 107-107) is amended--
                            (i) in section 3175--
                                    (I) by striking subsections (b) and 
                                (f); and
                                    (II) by redesignating subsections 
                                (c), (d), and (e) as subsections (b), 
                                (c), and (d), respectively; and
                            (ii) in section 3176(a)(1), by striking 
                        ``section 3175(d)'' and inserting ``section 
                        3175(c)''.
                    (B) Boundaries.--Section 3177 of the Rocky Flats 
                National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd 
                note; Public Law 107-107) is amended by striking 
                subsection (c) and inserting the following:
    ``(c) Composition.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        refuge shall consist of land within the boundaries of Rocky 
        Flats, as depicted on the map--
                    ``(A) entitled `Rocky Flats National Wildlife 
                Refuge';
                    ``(B) dated July 25, 2005; and
                    ``(C) available for inspection in the appropriate 
                offices of the United States Fish and Wildlife Service 
                and the Department of Energy.
            ``(2) Exclusions.--The refuge does not include--
                    ``(A) any land retained by the Department of Energy 
                for response actions under section 3175(c);
                    ``(B) any land depicted on the map described in 
                paragraph (1) that is subject to 1 or more essential 
                mineral rights described in section 3114(a) of the 
                National Defense Authorization Act for Fiscal Year 2006 
                over which the Secretary shall retain jurisdiction of 
                the surface estate until the essential mineral rights--
                            ``(i) are purchased under subsection (b) of 
                        that Act; or
                            ``(ii) are mined and reclaimed by the 
                        mineral rights holders in accordance with 
                        requirements established by the State of 
                        Colorado; and
                    ``(C) the land depicted on the map described in 
                paragraph (1) on which essential mineral rights are 
                being actively mined as of the date of enactment of 
                this subparagraph until--
                            ``(i) the essential mineral rights are 
                        purchased; or
                            ``(ii) the surface estate is reclaimed by 
                        the mineral rights holder in accordance with 
                        requirements established by the State of 
                        Colorado.
            ``(3) Acquisition of additional land.--Notwithstanding 
        paragraph (2), upon the purchase of the mineral rights or 
        reclamation of the land depicted on the map described in 
        paragraph (1), the Secretary shall--
                    ``(A) transfer the land to the Secretary of the 
                Interior for inclusion in the refuge; and
                    ``(B) the Secretary of the Interior shall--
                            ``(i) accept the transfer of the land; and
                            ``(ii) manage the land as part of the 
                        refuge.''.
    (c) Funding.--Of the amounts authorized to be appropriated to the 
Secretary for the Rocky Flats Environmental Technology Site for fiscal 
year 2006, $10,000,000 shall be made available to the Secretary for the 
purposes described in subsection (b).
                                 <all>