[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 97 Reported in Senate (RS)]






                                                        Calendar No. 52
109th CONGRESS
  1st Session
                                 S. 97

                          [Report No. 109-37]

   To provide for the sale of bentonite in Big Horn County, Wyoming.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

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

                             March 14, 2005

              Reported by Mr. Domenici, without amendment

_______________________________________________________________________

                                 A BILL


 
   To provide for the sale of bentonite in Big Horn County, Wyoming.

    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 ``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        approximately 20 acres of previously withdrawn land located in 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).
                                                        Calendar No. 52

109th CONGRESS

  1st Session

                                 S. 97

                          [Report No. 109-37]

_______________________________________________________________________

                                 A BILL

   To provide for the sale of bentonite in Big Horn County, Wyoming.

_______________________________________________________________________

                             March 14, 2005

                       Reported without amendment