States that specified funds authorized to be appropriated to the Secretary of Energy for the Rocky Flats Environmental Technology Site (Colorado) shall be available to the Secretary for the purchase of essential mineral rights at Rocky Flats.
Prescribes related conditions under which any natural resource damage liability claim shall be deemed to be satisfied.
Exempts mineral rights purchased under this Act from the National Environmental Policy Act of 1969.
Amends the Rocky Flats National Wildlife Refuge Act of 2001 to repeal the mandate for a Memorandum of Understanding in connection with the transfer to the Secretary of the Interior of management responsibilities and jurisdiction over Rocky Flats. Repeals, also, the prohibiton against any reduction in funds available to the Secretary of Energy for cleanup and closure of Rocky Flats as a result of such transfer.
Revises the composition of the Rocky Flats National Wildlife Refuge and excludes specified lands subject to certain essential mineral rights.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3978 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3978
To authorize the Secretary of Energy to purchase certain essential
mineral rights and resolve natural resource damage liability claims.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 6, 2005
Mr. Beauprez introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To authorize the Secretary of Energy to purchase certain essential
mineral rights and resolve natural resource damage liability claims.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.
(a) Definitions.--In this Act:
(1) Essential mineral right.--The term ``essential mineral
right'' means a right to mine sand and gravel at Rocky Flats,
as depicted on the map.
(2) Fair market value.--The term ``fair market value''
means the value of an essential mineral right, as determined by
an appraisal performed by an independent, certified mineral
appraiser under the Uniform Standards of Professional Appraisal
Practice.
(3) Map.--The term ``map'' means the map entitled ``Rocky
Flats National Wildlife Refuge'', dated July 25, 2005, and
available for inspection in appropriate offices of the United
States Fish and Wildlife Service and the Department of Energy.
(4) Natural resource damage liability claim.--The term
``natural resource damage liability claim'' means a natural
resource damage liability claim under subsections (a)(4)(C) and
(f) of section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607)
arising from hazardous substances releases at or from Rocky
Flats that, as of the date of enactment of this Act, are
identified in the administrative record for Rocky Flats
required by the National Oil and Hazardous Substances Pollution
Contingency Plan prepared under section 105 of that Act (42
U.S.C. 9605).
(5) Rocky flats.--The term ``Rocky Flats'' means the
Department of Energy facility in the State of Colorado known as
the ``Rocky Flats Environmental Technology Site''.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Trustees.--The term ``Trustees'' means the Federal and
State officials designated as trustees under section 107(f)(2)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(f)(2)).
(b) Purchase of Essential Mineral Rights.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, such amounts authorized to be
appropriated under subsection (c) shall be available to the
Secretary to purchase essential mineral rights at Rocky Flats.
(2) Conditions.--The Secretary shall not purchase an
essential mineral right under paragraph (1) unless--
(A) the owner of the essential mineral right is a
willing seller; and
(B) the Secretary purchases the essential mineral
right for an amount that does not exceed fair market
value.
(3) Limitation.--Only those funds authorized to be
appropriated under subsection (c) shall be available for the
Secretary to purchase essential mineral rights under paragraph
(1).
(4) Release from liability.--Notwithstanding any other law,
any natural resource damage liability claim shall be considered
to be satisfied by--
(A) the purchase by the Secretary of essential
mineral rights under paragraph (1) for consideration in
an amount equal to $10,000,000;
(B) the payment by the Secretary to the Trustees of
$10,000,000; or
(C) the purchase by the Secretary of any portion of
the mineral rights under paragraph (1) for--
(i) consideration in an amount less than
$10,000,000; and
(ii) a payment by the Secretary to the
Trustees of an amount equal to the difference
between--
(I) $10,000,000; and
(II) the amount paid under clause
(i).
(5) Use of funds.--
(A) In general.--Any amounts received under
paragraph (4) shall be used by the Trustees for the
purposes described in section 107(f)(1) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(f)(1)),
including--
(i) the purchase of additional mineral
rights at Rocky Flats; and
(ii) the development of habitat restoration
projects at Rocky Flats.
(B) Condition.--Any expenditure of funds under this
paragraph shall be made jointly by the Trustees.
(C) Additional funds.--The Trustees may use the
funds received under paragraph (4) in conjunction with
other private and public funds.
(6) Exemption from national environmental policy act.--Any
purchases of mineral rights under this subsection shall be
exempt from the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(7) Rocky flats national wildlife refuge.--
(A) Transfer of management responsibilities.--The
Rocky Flats National Wildlife Refuge Act of 2001 (16
U.S.C. 668dd note; Public Law 107-107) is amended--
(i) in section 3175--
(I) by striking subsections (b) and
(f); and
(II) by redesignating subsections
(c), (d), and (e) as subsections (b),
(c), and (d), respectively; and
(ii) in section 3176(a)(1), by striking
``section 3175(d)'' and inserting ``section
3175(c)''.
(B) Boundaries.--Section 3177 of the Rocky Flats
National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd
note; Public Law 107-107) is amended by striking
subsection (c) and inserting the following:
``(c) Composition.--
``(1) In general.--Except as provided in paragraph (2), the
refuge shall consist of land within the boundaries of Rocky
Flats, as depicted on the map--
``(A) entitled `Rocky Flats National Wildlife
Refuge';
``(B) dated July 25, 2005; and
``(C) available for inspection in the appropriate
offices of the United States Fish and Wildlife Service
and the Department of Energy.
``(2) Exclusions.--The refuge does not include--
``(A) any land retained by the Department of Energy
for response actions under section 3175(c);
``(B) any land depicted on the map described in
paragraph (1) that is subject to 1 or more essential
mineral rights described in section 3114(a) of the
National Defense Authorization Act for Fiscal Year 2006
over which the Secretary shall retain jurisdiction of
the surface estate until the essential mineral rights--
``(i) are purchased under subsection (b) of
that Act; or
``(ii) are mined and reclaimed by the
mineral rights holders in accordance with
requirements established by the State of
Colorado; and
``(C) the land depicted on the map described in
paragraph (1) on which essential mineral rights are
being actively mined as of the date of enactment of
this subparagraph until--
``(i) the essential mineral rights are
purchased; or
``(ii) the surface estate is reclaimed by
the mineral rights holder in accordance with
requirements established by the State of
Colorado.
``(3) Acquisition of additional land.--Notwithstanding
paragraph (2), upon the purchase of the mineral rights or
reclamation of the land depicted on the map described in
paragraph (1), the Secretary shall--
``(A) transfer the land to the Secretary of the
Interior for inclusion in the refuge; and
``(B) the Secretary of the Interior shall--
``(i) accept the transfer of the land; and
``(ii) manage the land as part of the
refuge.''.
(c) Funding.--Of the amounts authorized to be appropriated to the
Secretary for the Rocky Flats Environmental Technology Site for fiscal
year 2006, $10,000,000 shall be made available to the Secretary for the
purposes described in subsection (b).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line