[Congressional Record Volume 151, Number 140 (Friday, October 28, 2005)]
[Extensions of Remarks]
[Pages E2219-E2220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTRODUCTION OF ROCKY FLATS MINERALS ACQUISITION ACT

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                        Friday, October 28, 2005

  Mr. UDALL of Colorado. Mr. Speaker, I am today introducing a new bill 
to facilitate the acquisition by the United States of certain mineral 
rights associated with the Rocky Flats site, in Colorado.
  This bill combines the key features of a bill that I introduced 
earlier this year, cosponsored by Representative Beauprez, and 
legislation more recently proposed by Colorado's two Senators.
  Thus, it combines elements that have bipartisan support and that, 
together, can lay the basis for answering one of the final questions 
about the future management of the lands at Rocky Flats.


                               BACKGROUND

  In the 1950s, the Federal Government bought land at Rocky Flats, near 
Denver, Colorado, for use as a production facility for nuclear-weapon 
components. However, the purchase did not include all the mineral 
rights, some of which remained in private ownership.
  Production at Rocky Flats ended more than a decade ago. Since then, 
the Department of Energy, DOE, through its contractors, has been 
working to have the site cleaned up and closed. As recently as this 
month, the contractor has indicated that it has completed the cleanup 
of the site. The regulatory certification of cleanup and closure is now 
imminent, and when that happens, most of the site will be transferred 
to the Interior Department for management as a national wildlife refuge 
pursuant to the Rocky Flats Wildlife Refuge Act.


                    ROCKY FLATS WILDLIFE REFUGE ACT

  In 2001, Congress passed legislation I sponsored with Senator Wayne 
Allard to guide the future of Rocky Flats. Under that legislation--the 
Rocky Flats National Wildlife Refuge Act of 2001--once the cleanup and 
closure are accomplished, most of the land at Rocky Flats will be 
transferred from the Department of Energy to the Department of the 
Interior and will be managed as a unit of the National Wildlife Refuge 
System.
  The refuge act includes some provisions related to the non-Federal 
minerals--primarily sand and gravel--at Rocky Flats. It says ``nothing 
in this [law] limits any valid, existing . . . mineral right'' except 
for ``such reasonable conditions on access . . . as are appropriate for 
the cleanup and closure of Rocky Flats and for the management of the 
refuge.'' And it says that a Memorandum of Understanding, MOU, between 
DOE and Interior is to ``address the impacts'' mineral rights ``may 
have on the management of the refuge, and provide strategies for 
resolving or mitigating these impacts.''
  These provisions were included in the refuge act in order to make 
clear that while these mineral rights are to be respected as private 
property, future development of the minerals could have adverse effects 
on the land, wildlife habitat, and other values of the future wildlife 
refuge. That is why Congress directed the agencies to consider these 
potential future effects and work to find ways to mitigate those 
impacts. So far, however, the Energy and Interior Departments have not 
been able to agree on what to do about the minerals.
  I think the best way to resolve this situation would be for the 
Federal Government to acquire the minerals. This bill is intended to 
facilitate that result.


                         WHAT THE BILL WOULD DO

  The bill would--
  (1) Authorize DOE to expend funds to acquire some or all of the 
minerals, including $10 million from its appropriation for fiscal year 
2006.
  (2) Provide that DOE's expenditure of $10 million for that purpose 
(or, under certain circumstances, an appropriate payment to specified 
Federal and State officials for acquisition of Rocky Flats minerals or 
for habitat restoration at Rocky Flats) will satisfy certain claims

[[Page E2220]]

the State of Colorado might bring for natural resources damages 
resulting from past discharges of hazardous substances at or from Rocky 
Flats; and
  (3) Give the Interior Department two additional methods (either 
instead of or in addition to purchase for cash) for completing such 
acquisitions--namely: by giving ``credits'' that could be used instead 
of cash to pay for oil and gas leases on the Outer Continental Shelf; 
and/or by allowing federal lands or minerals anywhere in the country to 
be exchanged for the Rocky Flats minerals (under current law, such 
exchanges can only occur within the same state--Colorado lands/minerals 
for other Colorado lands/minerals).
  The bill has no compulsory provisions. It would not require that any 
of the non-Federal interests at Rocky Flats be acquired by the 
government. It also would not require the owners of any mineral rights 
to sell any of those rights or to accept anything other than cash for 
any interests that they decide to sell. Any purchase of mineral rights, 
any transaction involving the new ``credits,'' or any exchange could 
take place only with the concurrence of the party selling minerals to 
the United States.
  In addition, the bill includes a provision to make clear that the 
Federal Government cannot expand the Rocky Flats site by obtaining any 
non-Federal lands or interests in lands that are outside the site's 
boundaries except with the consent of the owners of those lands or 
interests.
  In developing earlier bills on this subject, I sought and obtained 
technical assistance from the Interior Department, gave careful 
consideration to comments from local governments and others in 
Colorado, and made revisions to earlier drafts of the legislation in 
response to points raised in those comments.
  The additional provisions in the bill I am introducing today reflect 
not only the legislation introduced in the Senate but also helpful 
suggestions by the Rocky Flats Coalition of Local Governments (RFCLOG) 
and others.
  Mr. Speaker, this bill--the ``Rocky Flats Minerals Acquisition 
Act''--is intended to assist in successful implementation of something 
that is very important for all Coloradans--the establishment of the 
Rocky Flats National Wildlife Refuge. I think it deserves the support 
of every Member of the House.
  For the information of our colleagues, here is a section-by-section 
outline of the bill:


                       SECTION-BY-SECTION OUTLINE

  Section 1--
  (1) provides a short title: ``Rocky Flats Minerals Acquisition Act;''
  (2) includes findings regarding the status of Rocky Flats and the 
desirability of federal acquisition of mineral interests within its 
boundaries; and
  (3) states the bill's purpose as being to facilitate acquisition of 
mineral and other rights associated with Rocky Flats.
  Section 2 provides definitions of key terms used in the bill.
  Section 3--
  (1) authorizes the Department of Energy (DOE) to purchase Rocky Flats 
minerals for fair market value from willing sellers;
  (2) requires DOE to consult with the Interior Department in order to 
determine which mineral rights should be given priority for 
acquisition; and
  (3) provides that acquired mineral rights will be retained in Federal 
ownership and will not be subject to disposal under the mining or 
mineral leasing laws.
  Section 4--
  (1) authorizes DOE to use $10 million of the FY 2006 funds 
appropriated for Rocky Flats (and any other funds appropriated for the 
purpose) to purchase mineral rights;
  (2) provides that any claims the State of Colorado might bring under 
specified provisions of federal law for natural resources damages 
resulting from past discharges of hazardous substances at or from Rocky 
Flats will be satisfied by either--(a) DOE's expenditure of $10 million 
to purchase mineral rights at the site or, alternatively, (b) DOE's 
payment to specified Federal and State officials (``Trustees'') of 
either $10 million or the difference between amounts expended to buy 
minerals at Rocky Flats and $10 million; and
  (3) specifies that any funds the Trustees receive from DOE are to be 
used for purchasing Rocky Flats mineral rights or for habitat 
restoration projects at Rocky Flats, and spells out how this is to be 
done.
  Section 5--provides DOE will retain administrative jurisdiction over 
any Rocky Flats lands where active mining is taking place and will not 
transfer those lands to the Interior Department until completion of 
reclamation under state law.
  Section 6--
  (1) authorizes the Interior Department to use appropriated funds, 
credits (with the concurrence of the party transferring lands or 
interests to the United States), exchanged lands or interests therein, 
or any combination of these, to acquire mineral interests or other non-
Federal interests at Rocky Flats;
  (2) defines ``credits,'' making clear that they can only be used for 
bonus bids or royalty payments for oil or gas leases on the Outer 
Continental Shelf, can be transferred, and must be used within 10 years 
of their issuance;
  (3) specifies that while exchanges can involve BLM lands or interests 
in any State, only lands or interests identified as suitable for 
disposal under current law can be transferred to private ownership 
through such an exchange;
  (4) specifies that no lands or interests therein outside the exterior 
boundaries of Rocky Flats can be acquired by the United States for the 
purposes of the Rocky Flats National Wildlife Refuge Act except with 
the consent of the owners of such lands or interests;
  (5) provides that interests acquired by the United States under the 
bill will be managed as part of the wildlife refuge and cannot be 
developed or transferred out of Federal ownership; and
  (6) specifies that the bill adds to the Interior Department's 
existing authority and does not reduce any authority the Department 
already has.

                          ____________________