II Calendar No. 52 109th CONGRESS 1st Session S. 97 [Report No. 109–37] 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.

1.

Short title

This Act may be cited as the Big Horn Bentonite Act.

2.

Definitions

In this Act: (1)

Covered land

The term covered land means the approximately 20 acres of previously withdrawn land located in the E1/2 NE1/4 SE1/4 of sec. 32, T. 56N., R. 95W., sixth principal meridian, Big Horn County, Wyoming.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.

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.

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).

March 14, 2005 Reported without amendment