[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Pages S9348-S9349]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         BIG HORN BENTONITE ACT

  The Senate proceeded to consider the bill (S. 203) to open certain 
withdrawn land in Big Horn County, Wyoming, to locatable mineral 
development for bentonite mining, which had been reported from the 
Committee on Energy and Natural Resources, with an amendment to strike 
all after the enacting clause and insert in lieu thereof the following:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                                 S. 203

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

     [SECTION 1. OPENING OF CERTAIN WITHDRAWN LAND IN WYOMING TO 
                   LOCATABLE MINERAL DEVELOPMENT FOR BENTONITE 
                   MINING.

       [(a) In General.--Notwithstanding any other provision of 
     law and subject to subsection (c), the land described in 
     subsection (b) shall be open to locatable mineral development 
     for bentonite mining.
       [(b) Covered Land.--The land referred to in subsection (a) 
     is approximately 40 acres of previously withdrawn land 
     located in Big Horn County, Wyoming, at the sixth principal 
     meridian, T. 56 N., R. 95 W., Sec. 32. E\1/2\E\1/2\SE\1/4\, 
     adjacent to Pit No. 144L covered by State of Wyoming Mining 
     Permit No. 321C.
       [(c) Closure.--The Secretary of the Army may close the land 
     opened by subsection (a) at any time if the Secretary 
     determines that the closure of the land is required by reason 
     of a national emergency or for the purpose of national 
     defense or security.]

     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     approximately 20 acres of previously withdrawn land located 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.

[[Page S9349]]

     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).

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 203), as amended, was read the third time and passed.

       (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).

  The title was amended so as to read:

       ``A bill to provide for the sale of bentonite in Big Horn 
     County, Wyoming.''.

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