[Congressional Record Volume 147, Number 26 (Thursday, March 1, 2001)]
[Senate]
[Pages S1760-S1761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALLARD (for himself and Mr. Campbell):
  S. 425. A bill to establish the Rocky Flats National Wildlife Refuge 
in the State of Colorado, and for other purposes; to the Committee on 
Armed Services.
  Mr. ALLARD. Mr. President, I rise today to introduce legislation, 
along with my good friend and Colorado colleague, Senator Ben 
Nighthorse Campbell, to permanently designate Rocky Flats as a National 
Wildlife Refuge following the cleanup and closure of the site.
  This legislation is the beginning of a new chapter in the history of 
Rocky Flats. The Rocky Flats National Wildlife Refuge Act is the 
product of more than a year's worth of work by citizens, community 
leaders, and local elected officials. Its passage will ensure our 
children and grandchildren will continue to enjoy the wildlife and open 
space that currently exists at Rocky Flats.
  To that end, I have worked in a bi-partisan manner with my Colorado 
colleague from the other body, Congressman Mark Udall, to produce the 
Rocky Flats National Wildlife Refuge Act of 2001. This bill was 
originally introduced in November of 2000, and with a few refinements, 
is being reintroduced today in both the Senate and House. Also, this 
bill could not be possible without the hard work and dedication of the 
local governments and the Rocky Flats stakeholders.
  My vested interest in Rocky Flats began during the 1980's when I was 
the Chairman of the State Senate Committee on Health, Environment, 
Welfare and Institutions. Although I supported the national security 
mission of the Rocky Flats site prior to closure, I believe that the 
Department of Energy must also ensure the safety and health of all 
Coloradans and the environment. When the Rocky Flats site was shut down 
in 1990, cleaning up and closing of the site became one of my top 
legislative priorities and will remain so until this project is 
complete.
  In 1999, I became the Strategic Subcommittee Chairman of the Senate 
Armed Services Committee, which has direct oversight of former DoE 
weapons facilities including Rocky Flats. This is the first site in the 
DoE complex to receive funding for cleanup and closure, and will 
therefore be a role model for other sites in the complex. As Chairman 
of the Subcommittee, I will continue to work closely with my colleagues 
to educate them on the importance of cleaning up and closing down Rocky 
Flats so it can be utilized as a National Wildlife Refuge. This 
education extends beyond the cleanup and closure of Rocky Flats to the 
importance of cleaning up and closing of all the former DoE weapons 
sites and how all closure sites in the DoE complex are closely tied 
together. That is why it is important for everyone in Congress with a 
closure site to work together in a non-partisan manner for the good of 
the country. We also need to work close with our new Secretary of 
Energy, Spencer Abraham, to ensure that cleanup and closure remain a 
priority for DoE.
  As a brief summary of the bill, I would like to bring to your 
attention a few of the following high points of the bill:
  To begin, Rocky Flats will remain in permanent federal ownership 
through a transfer from the Department of Energy to the U.S. Fish and 
Wildlife Service after the cleanup and closure of the site is complete.
  The historic Lindsay Ranch will be preserved for future generations.
  There will be no annexation of land to any local government, nor any 
construction of through roads. The only roads that may be constructed 
on the site would be by the Fish and Wildlife Service for the 
management of the refuge.
  The Secretary of Energy and the Secretary of the Interior are 
authorized to grant a transportation right-of-way on the eastern 
boundary of the site for transportation improvements along Indiana 
Street. Please note, however, that we are aware of the continued 
evaluation of this issue and want this section of the bill to be 
consistent with the needs of the local governments.
  The Department of Energy and the Fish and Wildlife Service are to 
enter into a Memorandum of Understanding addressing administrative 
responsibilities prior to the transfer of the site not later than 1 
year after the enactment of this Act.
  The Department of Energy will not transfer any property to the Fish 
and Wildlife Service that must be retained for future onsite monitoring 
or that must be retained for protection of human health and safety. 
This legislation also clarifies that in the event of future cleanup 
activities, this action will take priority over wildlife management.
  One of the most important directives in this Act and it states that 
``nothing in this Act shall be construed to affect the degree of 
cleanup at the Rocky Flats site required under the Rocky Flats Cleanup 
Agreement or any Federal or State law.'' I believe it is important to 
reiterate that this bill should not be used as a mechanism to drive the 
level of cleanup. As with any cleanup, the future land use is always 
considered in setting cleanup levels, but other important factors will 
play into any decision. For instance, the protection of surface water 
coming off the site, the desire to minimize long-

[[Page S1761]]

term operation and monitoring costs, and the State of Colorado's rules 
for decommissioning nuclear sites which say licensees should reduce 
potential radiation dose levels as low as reasonably achievable.
  Once the site is transferred to the Fish and Wildlife Service, the 
refuge will be managed in accordance with the National Wildlife Refuge 
System Act to preserve wildlife, enhance wildlife habitat, conserve 
threatened and endangered species, provide education opportunities and 
scientific research, as well as wildlife compatible recreation.
  The Fish and Wildlife Service are to convene a public process to 
include input on the management of the site.
  I firmly believe that access rights and property rights must be 
preserved. Therefore, this legislation recognizes and preserves all 
mineral rights, water rights and utility rights-of-way. This Act does, 
however, provide the Secretary of Energy and the Secretary of Interior 
the authority to impose reasonable conditions on the access to private 
property rights for cleanup and refuge management purposes.
  With regard to mineral rights, the Secretary of Energy is required to 
seek to purchase mineral rights from willing sellers.
  As a tribute to the Cold War and the dedicated Rocky Flats workers 
both prior to and after the site closure, the bill authorizes the 
establishment of a Rocky Flats museum to commemorate the site requiring 
that the creation of the museum shall be studied, and a report shall be 
submitted to Congress within three years following the enactment of 
this act.
  Finally, this bill directs the Department of Energy and the Fish and 
Wildlife Service to inform Congress on the costs associated with the 
implementation of this Act.
  Lastly, I want to thank Representative Mark Udall for the bi-partisan 
manner in which he and his staff worked with me and my office. Rocky 
Flats, like all other cleanup sites, is bigger than partisan politics 
and this effort proves it. I would also like to specifically thank the 
Department of Energy for taking the expedited cleanup plan and making 
it work within their budgetary guidelines; Kaiser-Hill for making the 
impossible, possible; and, I would like to say a great big thanks to 
all of the workers at Rocky Flats whose skill and dedication have made 
the reality of cleanup possible. Without the workers, even the best 
laid plans would be for naught.
  Once cleanup and closure is accomplished in 2006, I look forward to 
returning to Rocky Flats for the dedication of the new Rocky Flats 
National Wildlife Refuge.
                                 ______