[Congressional Record Volume 146, Number 113 (Thursday, September 21, 2000)]
[Extensions of Remarks]
[Pages E1560-E1561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


        INTRODUCTION OF ROCKY FLATS NATIONAL WILDLIFE REFUGE ACT

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                      Thursday, September 21, 2000

  Mr. UDALL of Colorado. Mr. Speaker, I am today introducing a bill to 
designate Rocky Flats as a National Wildlife Refuge once that former 
nuclear-weapons site in Colorado is cleaned up and closed.
  This bill, the ``Rocky Flats National Wildlife Refuge Act of 2000,'' 
was developed through a process of collaboration with Senator Allard, 
who is today introducing corresponding legislation in the Senate, and 
is cosponsored by Representatives DeGette, Tancredo, Schaffer, Hefley, 
and McInnis.
  In shaping this legislation, Senator Allard and I consulted closely 
with local communities, State and Federal agencies, and interested 
members of the public. We received a great deal of very helpful input, 
including many detailed reactions to and comments on related 
legislation that I introduced last year and discussion drafts that 
Senator Allard and I circulated earlier this year.
  Both Senator Allard and I recognize that introduction of legislation 
is only the beginning of the formal legislative process. We welcome and 
will consider any further comments that anyone may have regarding the 
bills we are introducing today. However, we believe that these bills 
address the points raised by the many parties in Colorado who are 
interested in this important matter.
  Here is a brief outline of the main provisions of the bills Senator 
Allard and I are introducing today: The bill--Provides that the 
Federally-owned lands at Rocky Flats site will remain in federal 
ownership; that the Lindsay Ranch homestead facilities will be 
preserved; that no part of Rocky Flats can be annexed by a local 
government; that no through roads can be built through the site; and 
that some portion of the site can be used for transportation 
improvements along Indiana Street along the eastern boundary.
  Requires DOE and the U.S. Fish and Wildlife Service to enter into a 
Memorandum of Understanding within 18 months after enactment to address 
administrative issues and make preparations regarding the future 
transfer of the site to the Fish and Wildlife Service and to divide 
responsibilities between the agencies until the transfer occurs; 
provides that the cleanup funds shall not be used for these activities.
  Specifies when the transfer from DOE to the Fish and Wildlife Service 
will occur--namely when the cleanup is completed and the site is closed 
as a DOE facility.
  Describes the land and facilities that will be transferred to the 
Fish and Wildlife Service (most of the site) and the facilities that 
will be excluded from transfer (any cleanup facilities or structures 
that the DOE must maintain and remain liable for); directs that the 
transfer will not result in any costs to the Fish and Wildlife Service.
  Directs that the DOE will continue to be required to clean up the 
site and that in the event of any conflicts, cleanup shall take 
priority; maintains DOE's continuing liability for cleanup.
  Requires the DOE to continue to clean up and close the site under all 
existing laws, regulations and agreements.
  Requires that establishment of the site as a National Wildlife Refuge 
shall not affect the level of cleanup required.
  Requires the DOE to clean up the site to levels that are established 
in the Rocky Flats Cleanup Agreement as the agreement is revised based 
on input from the public, the regulators and the Rocky Flats Soil 
Action Level Oversight Panel.
  Requires DOE to remain liable for any long-term cleanup obligations 
and requires DOE to pay for this long-term care.
  Establishes the Rocky Flats site as a National Wildlife Refuge 30 
days after transfer of the site to the Fish and Wildlife Service.
  Provides that the refuge is to be managed in accordance with the 
National Wildlife Refuge System Administration Act.
  Provides that the refuge's purposes are to be consistent with the 
National Wildlife Refuge System Administration Act, with specific 
reference to preserving wildlife, enhancing wildlife habitat, 
conserving threatened and endangered species, providing opportunities 
for education, scientific research and recreation.
  Directs the Fish and Wildlife Service to convene a public process to 
develop management plans for the refuge; requires the Fish and Wildlife 
Service to consult with the local communities in the creation of this 
public process.
  Provides that the public involvement process shall make 
recommendations to the Fish and Wildlife Service on management issues--
specifically issues related to the operation of the refuge, any 
transportation improvements, leasing land to the National Renewable 
Energy Laboratory, any perimeter fences, development of a Rocky Flats 
museum and visitors center; requires that a report is to be submitted 
to Congress outlining the recommendations resulting from the public 
involvement process.
  Recognizes the existence of other property rights on the Rocky Flats 
site, such as mineral rights, water rights and utility rights-of-way; 
preserves these rights and allows the rights holders access to their 
rights.
  Allows the DOE and the Fish and Wildlife Service to impose reasonable 
conditions on the access to private property rights for cleanup and 
refuge management purposes.
  Requires the federal government to seek to acquire the underlying 
mineral rights through agreement with the private owners.
  Allows the Public Service Company of Colorado to provide an extension 
from their high-tension line on the site to serve the area around Rocky 
Flats.
  Authorizes the establishment of a Rocky Flats museum to commemorate 
the history of the site, its operations and cleanup.
  Requires the DOE and the Fish and Wildlife Service to inform Congress 
on the costs associated with implementing this Act.
  Let me take a moment to address a few of the more important issues 
that were raised by the local communities and how they are addressed in 
this bill.
  First, transportation issues. Rocky Flats is located in the midst of 
a growing area of the Denver metropolitan region. As this area 
continues to grow, pressure is being put on the existing transportation 
facilities just outside the boarders of the site. In addition, the 
Denver-metropolitan region has been constructing a beltway around the 
city. The last segment of this beltway yet to be completed or approved 
for construction is to be in the northwest section of Denver, the same 
general areas where Rocky Flats is located. The communities that 
surround the site have been considering transportation improvements in 
this area for a number of years--including the potential completion of 
the beltway.
  So, one of the questions on which Senator Allard and I sought 
comments was whether our bills should allow some use of Rocky Flats 
land to assist in addressing the transportation needs and future 
demands. We asked for and received the views of the public and the 
local communities. That input, along with the recent decision by the 
local communities to forego for now the construction of the beltway in 
the northwest region of Denver, overwhelmingly indicated that the bill 
should allow for possible availability of some land along Indiana 
Street along the eastern boundary of Rocky Flats for this purpose, but 
that the bills should not specifically provide for a more far-reaching 
availability of Rocky Flats land for a beltway. So the bills we are 
introducing reflects that position.
  Second, the Rocky Flats Cold War Museum. This section of the bill 
authorizes the establishment of a museum to commemorate the Cold-War 
history of the work done at Rocky Flats. Rocky Flats has been a major 
facility of interest to the Denver area and the communities that 
surround it. Even though this facility will be cleaned up and closed 
down, we should not forget the hard work done here, what role it played 
in our national security and the mixed record of its economic, 
environmental and social impacts. The city of Arvada has been 
particularly interested in this idea, and took the lead in proposing 
inclusion of such a provision in the bill. However, a number of other 
communities have expressed interest in also being considered as a 
possible site for the museum. Accordingly, the bills being introduced 
today provide that Arvada will be the location for the museum unless 
the Secretary of Energy, after consultation with relevant communities, 
decides to select a different location after consideration of all 
appropriate factors such as cost, potential visitorship, and proximity 
to the Rocky Flats site.
  Third, private property rights. Most of the land at Rocky Flats is 
owned by the federal government, but within its boundaries there are a 
number of pre-existing private property rights, including mineral 
rights, water rights, and utility rights-of-way. In response to 
comments from many of their owners, the bills acknowledge the existence 
of these rights, preserve the rights of their owners, including rights 
of access, and allow the Secretaries of Energy and Interior to address 
access issues to continue necessary activities related to cleanup and 
closure of the site and proper management of its resources.
  With regard to water rights, the bills protect existing easements and 
allow water rights holders access to perfect and maintain their rights. 
With regard to mineral rights, the bills

[[Page E1561]]

urge the Secretaries of Energy and Interior to acquire these rights 
from existing owners--but ensure that
  Fourth, the National Renewable Energy Laboratory's (NREL) National 
Wind Technology Center. This research facility, which is located 
northwest of the site, has been conducting important research on wind 
energy technology. As many in the region know, this area of the Front 
Range is subjected to strong winds that spill out over the mountains 
and onto the plains. This creates ideal wind conditions to test new 
wind power turbines. I support this research and believe that the work 
done at this facility can help us be more energy secure as we find ways 
to make wind power more productive and economical. The bills we are 
introducing today preserve this facility. It is outside the boundaries 
of the new wildlife refuge that the bill would create and thus would be 
allowed to continue at its present location. In addition, NREL has been 
considering expanding this facility onto the open lands of Rocky Flats. 
The bill allows NREL to pursue this proposal through the public 
involvement process.
  Finally, cleanup levels. Over the last year, some concerns were 
expressed that the establishment of Rocky Flats as a wildlife refuge 
could result in a less extensive or thorough cleanup of contamination 
that has resulted from its prior mission. Of course, that was not the 
intention of the bill I introduced last year and it is definitely not 
the intention of the bills being introduced today. The language in 
these bills has been drafted to ensure that the cleanup is based on 
sound science, compliance with federal and state environmental laws and 
regulations, and public acceptability. The bills now tie the cleanup 
levels to the levels that will be established in the Rocky Flats 
Cleanup Agreement (RFCA) for soil, water and other media following a 
public process to review and reconsider the cleanup levels in the RFCA. 
In this way, the public will be involved in establishing cleanup levels 
and the Secretary of Energy will be required to conduct a thorough 
cleanup based on that input. In addition, the bills require that the 
establishment of the site as a wildlife refuge cannot be used to affect 
the cleanup levels--removing any possibility of arriving at a lesser 
cleanup due to this ultimate land use.
  Mr. Speaker, I want to express my thanks to Senator Allard for his 
outstanding cooperation in drafting this important legislation. I am 
very appreciative of his contributions and look forward to continuing 
to work closely with him and the other members of Colorado delegation 
in both the House and Senate to achieve enactment of this legislation.
  In the past, Rocky Flats has been off-limits to development because 
it was a weapons plant. That era is over--and its legacy at Rocky Flats 
has been very mixed, to say the least. But it has left us with the 
opportunity to protect and maintain the outstanding natural, cultural, 
and open-space resources and value of this key part of Colorado's Front 
Range area. This bill would accomplish that end, would provide for 
appropriate future management of the lands, and would benefit not just 
the immediate area but all of Colorado and the nation as well.