PUBLIC LAW 102-402-OCT. 9,1992 106 STAT. 1961



### Public Law 102-402 102d Congress z=AtrAct

To direct theSecretary ofthe Armytotransferjurisdiction over theRocky Mountain Oct.9, 1992 Arsenal. Colorado, to the Secretary ofthe Interior. [H.R. 14351

Be it enacted by the Senate and House ofRepresentatives of die UnitedStatesofAmerica in Congressassembled, Rocky Mountain Arsenal SECTION L SHORTTITIXAND DFIFINITIONS. National Wildlife Refuge (a) SwRT TrMF,.--This Act may be cited as the "Rocky M012n- Actof 1992. tainArsenal National Wildlife Refuge Act of1992". Realproperty. (b) DEFINMONS.-For purposed ofthis Act- 16 USC 669dd (1) The term "Arsenal"means the Rocky Mountain Arsenal note. in the State ofColorado. (2) The term "refuge" means the Rocky Mountain Arsenal National Wildlife Refuge established pursuant to section 4(a). (3) The term 'hazardous substance" has the meaning given such term by section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)). (4) The term "pollutant or contaminant" has the meaning given such term by section 101(.33) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14)). (5) The term 'response action" has the meaning given the term "res nse" by section 101(25) ofthe Comprehensive Envirorunenno=ponse, Compensation, and Liability Act of 1980 (42U.S.C. 9601(25)). (6) The term "-rson" has the meaning given that term by section 101(215-of the Comprehensive Environmental Response, Compensation, and Liability Actof 1980 (42 U.S.C. 9601(21)).
SM 2. 71LANSFER OF MNAGEMENT PtFSMONSEBELITIES AND JURISDIC77ONOVER THEROCKY MOUNTAIN AILSENAr- (a) TRANsFER OF MANAGEMENT RF_sPONSIl3ILrrIES.--(1) Notlater than October 1, 1992, the Secretary ofthe Army and the Secretary of the Interior shall enter into a memorandum of under-standing underwhich- (A) the Secretary of the Anny shall transfer to the Secretary ofthe Interior, without reimbursement, a!l responsibility to manage for wildlife and public use purposes the real property comprising the Rocky Mountain Aft-senal in the State of Colorado, except the property and facilities iýequired to be retained under subsection (c) or designated for disposal under section 5;and (B) the Secretary of the Interior shall manage that real property as if it were a unit of the National Wildlife Refuge System established for the purposes provided in section 4. (2) The management of the property by the Secretary of the Interior shall be subject to (A) any response action at the Arsenal

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### 9704503-1/1-J

00001613106 STAT. 1962 PUBLIC LAW 102-402-OCT. 9,1992

carried out by orunder the authority ofthe Secretary ofthe Army under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and other applicable provisions of law, and (B) any action required under any other statute to remediate petroleum products or their derivatives (includingmotor oil and aviation fuel) carried out by orunder the authority of the Secretary of the Army. In the case of any conflict between management of the property by the Secretary of the Interior and any such res rise action or other action, the response action orotheraction s=take priority. (b) TRANSFER OFJuRLSDICnom-0) Upon receipt ofthe certification described *in paragraph (2), the Secretary ofthe Army shall transfer to the Secretary of the Interior jurisdiction over the real property comprising the ArseriaL except the property and facilities required to be retained under subsection (c) or designated for disposal under section 5. The transfer shall be made without cost totheSecretary oftheInterior andshallinclude suchimprovements
on the roperty as the Secretary of the Interior may request in writingJorrefuge management purposes. (2) The transfer of real property under paragraph (1) may occur only after the Administrator ofthe Environmental Protection Agency certifies to the Secretary ofthe Army that response action required at the Arsenal and any action required under any other statute to remediate petroleum products ortheirderivatives (includingmotor oiland aviation fuel) attheArsenal havebeen completed, except operation and maintenance associated with those actions. (3) The exact acrea#e and legal description ofthereal property subject to transfer under paragraph (1) shall be determined by
a survey mutually satisfactory to the Secretary ofthe Army and the Secretary of the Interior. The Secretary of the Army shall bearany costsrelated tothesurvey. (c) PROPERTY AND FAcmmEs ExcLuDED FRom TRANSFERS.- (1) PROPERTY USED FOR ENVIROMWFNTAL CLEANIM PURPOSE&-The Secretary ofthe Army shall retain jurisdiction. authority, and control over all real property at the Arsenal to be used for water treatment; the treatment, storage, or disposal ofhazardous substances, pollutants, or contaminants;
or other purposes related to response action at the Arsenal and any action required under any other statute to remediate petroleum products or their derivatives (including motor oil and aviation fuel) at the Arsenal. The Secretary ofthe Army shall consult with the Secretary ofthe Interior regarding the identification and rannagement of all real property retained under this paragraph and ensure that activities carried out
on thatproperty are- (A) consistent with the purposes for which the refuge is to be established under section 4(c), to the extent practicable; and (B) consistent with the provisions of sections 2(aX2) and 4(e). (2) PROPERTY USED FOR LEASE OF PUBLJC FACILITIFs.--4A) The Secretary ofthe Army shall retainjurisdiction, authority, and control over the following real property at the Arsenal: M Approximately 12.08 acres containing the South Adams County Water Treatment Plant and described in Department of the Army lease No. DACA 45-1-87-6121.

### PUBLIC LAW 102-402-OCT. 9,1992 106 STAT. 1963
(ii) Approximately 63.04 acres containing a United states Postal Service facility anddescribed in Department oftheArmyleaseNo. DACA 45-4-71-6185. (B)Nothing inthisAf+"I affectthe validityorcontinued operation ofleases ofthe Department ofthe Army in existence

on the date of the enactment of this Act and involving the propertydescribed insubparagraph (A).

jM L CONTDWATION OF RESPONSIBuxff AND LIABUJTY OF THE
SECRETARY OF THEARb1YFOR ENVIRONMXNTAL CLEANUP. 

### (a) piwoNsEBuzm-Notwithstanding the memorandum of mderstanding required under section 2(a), the Secretary of the

trmy all, with respect to the real property at the Arsenal that subdý: to the memorandum, continue to carry out (1) response ution at that property under the Comprehensive Environmental Ptesponse, Compensation, and LiabilityActof1980 (42 U.S.C. 9601
at seq.) and other applicable provisions oflaw, and (2) any action required under any other statute to remediate petroleum products 3r their derivatives (including motor-oil and aviation fuel). The
entby the Secretary ofthe Interior ofsuch real property MýVsubject to any such response action or other action at the pro being earned out by or under the authority of the SecretarvoYtheArmyundersuchprovisions oflaw. (bj7fj"nzrY.--0) Nothing in this Act shall relieve, and no action may be taken under this Act to relieve, the Secretary of theArmy or any other person from any obligation or other liability
at the Aisenal under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) andotherapplicable provisions oflaw. (2) After the transfer ofjurisdiction under section 2(b), the Secretary ofthe Army shall retain any obligation or other liability
attheArsenal under the Comprehensive Environmental Response, Compensation, and-Liability Act of 1980 (42 U.S.C. 9601 et seq.) and other applicable provisions oflaw and shall be accorded all
easements and access as maybe reasonably required to carry out suchobligation orotherliability. (c) DEGREE OF 

### CLEANUP.--ý-Nothing in this Act shall be construed to restrict or lessen the degree of cleanup at the Arsenal . . . . .... . . required tobecarried outunderapplicable provision3 oflaw. (d) PAYMENT OF RESPONSE 

### AcTIONCOSTS.-Amy Federal d artmentor agency thathad orhas operations atthe Arsenal res9ting intherelease orthreatened release ofhazardous substances, pollutants, or contaminants shall paythe cost ofrelated response actions

or related actions under other statutes to remediate petroleum products or their derivatives, including motor oil and aviation fuel. (e) CONSULTATION.-In 

### carrying out response actions at the Arsenal, the Secretary ofthe Armyshall consult withthe Secretary of the Interior to ensure that such actions are carried out in a

manner-(1)to the extent practicable, consistent with the purposes set forth in section 4(c) forwhich therefuge will be established after thecertification required undersection2(bX2); and (2) consistent with the provisions of sections 2(aX2) and 4(e). M EýaS`MG 

### I.Aw.-The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Migratory Bird Treaty Act106 STAT. 1964 PUBLIC LAW 102-402-OCT. 9,1992 (16 U.S.C. 703 et seq.), and the Bald Eagle Protection Act (16 U.S.C. 668 etseq.) shall applytoall actionsat theArsenal. (g) RESPONSE AcrloNs.--41) The future establishment of the reffige shall not restrict or lessen in any way any response action

or clegree of cleanup under the Comprehensive Environmental Rearnse, Compensation, and Liability Act of 1980 or other app cable provisions oflaw, or any response action required under
any other statute to remediate petroleum products or their derivatives (including motor oil and aviation fuel), required to be carried
out by or under the authority of the Secretary of the Army at the Arsenal and surrounding areas, including (but not limited to)-
L (A) the substance or performance ofthe remedial investigationand feasibility study orendangerment assessments; (B) the contents and conclusions ofthe remedial investigation and feasibility study or the endangerment assessment reports; or (C) the selection and implementation of response action and any action required under any other statute to remediate petroleum products or their derivatives (incl,ding motor oil and aviation fuel) fortheArsenal shd surrounding areas. (2) All response action and action required Under any other statute to remediate petroleum products or their derivatives (including motor oil and aviation fuel) carried out at the Arsenal shall attain a degree of cleanup of hazardous substances, pollutants, and conterninants that, at a minimum, is sufficient to fully meet be set forth in section 4(c) for which the refuge will the esp= 8% and to permit access to all real property compnisig the refuge by refuge personnel, wildlife researchers, and visitors.

SEC. 4. ESTABLISEMENT OF THE ROCKY MOUNTAIN ARSENAL NATIONAL WILDLWEE"UGE. (a) ESTABLIsMWXT.-Not later than 30 days after the transfer of jurisdiction under section 2(b), the Secretary of the Interior shall establish a national wildlife refuge that shall be lmown as the Rocky Mountain Arsenal National Wildlife Refuge and consist ofthe real property required to be transferred under such section. Federal The Secretary ofthe Interior shall publish a notice ofthe establishRegister, publication ment ofthe refuge in the Federal Register. (b) ADmunsTRATioN.- (1) IN GENMIA1--The Secretary ofthe Interior shall Tnnnage the refuge in accordance with the National Wildlife Refuge Sxtoem Administration Act of 1966 (16 U.S.C. 668dd et seq.) d her applicable law.

(2) CONSULTATION.-In devel ping, Ian for the management of fish and wildlife at and pu lic use of the refuge, the Secretary ofthe Interior shall- (A) consult with the Colorado Department of Natural Resources and local governments adjacent to the refuge; and (B) provide an opportunity for public comment on such plans. (3) The Secretary of the Interior and the Administrator ofthe Federal Aviation Administration shall confer from time to time as necessary to coordinate the management of the refuge with the operations ofthe Denver International Airport. (C) PURPOSES OF THE REFUGE.-The refuge is establishea 

# for

the following purposes:

### PUBLIC LAW 102-402-OCT. 9,1992 106 STAT. 1965 (1)To conserve and enhance populations offish, wildlife, and plants within the refuge, including populations ofwaterfowl,raptors,passerinespand-marsh andwaterbirds. (2)To conserve species listed asthreatened or endangered under the Endangered Species Act and species that are candidatesforsuchlisting. (3) To provide maximum fish and wildlife oriented public
uses at levels compatible with the conservation and enhancementofwildlife andwildlifehabitat (4) To provide opportunities for compatible scientific researclL (5) To provide opportunities for compatible environmental andlanduseeducation. (6) To conserve and enhance the land and water of the refuge ina manner thatwill conserve and enhance the natural diversityoffish,wildlife,plants,andtheirhabitats. (7) To protect and enhance the quality ofaquatic habitat within therefum (8) To fulfill international treaty obligations ofthe United States with respect to fish and wildlife and their habitats. (d) Ln&TATioNs.- (1) PROHEBMON AGAINST 

### ANNEXATION.-Notwithstanding section4(aX2) ofthe National Wildlife Refuge tem Administration Act of 1966 (16 U.S.C. 668dd(aX2)), Tes Secretary of the Interior shall not allow the annexation of lands within therefugebyanyunitofgenerallocalgovernment. (2) PROMMMON AGAINST THROUGH 

### RoADs.-Public roads maynotbe constructed throughtherefuge.

SEC. & DISPOSAL OF CEBTAIN RKAT PROPERTr AT TBE ARSENAL FOR COMUMCIAL,ECIGHWAY, OROTECER,PUBLICUSIL 

### (a) PRoPERw DESIGNATED FOR DmwAL UNDER 

### Tms SFr, 

### TION.-The following areas of real property at the Arsenal are desitrated for disposal under this section for commercial, highway,
oro erpublicusepurposes: (1) An area of real property consisting of approximately 815acres located attheArsenal, the approximate legal descrip- tion ofwhich is section 9. T3S-R67W, the W2W2 of section 4 and the W4E2W2 ofsection 4,T3S-R67W, and the SW4SW4 of section 33, the W4E2W2 of section 33, and the W2NW4 ofsection33, T-2S-R67W; except that the area designated shall not include the approximately 63.04 acres containing a United States Postal Service facility and described in Department of the Army lease No. DACA 45-4-71-6185 and the water wells located in buildings 385, 386, and 387 at the Arsenal and associated facilities and easements necessary to operate and maintain thewater wells, which shallbetreated in the manner provided in section 2. (2) To permit the widening of existing roads, an area of real property ofnot more than 100 feet inside the boundary ofthe Arsenalon- (A) the Northwest side ofthe Arsenal adjacent to Colorado Highway #2; (13) the Northern side ofthe Arsenal adjacent to 96th Avenue;and (C) the Southern side ofthe Arsenal adjacent to 56th Avenue.106 STAT. 1966 PUBLIC LAW 102-402-OCr. 9,1992
(b) TRANsnR FOR MGHWAY PuRposEz.-The Secretary Of the Army shall convey those parcels of real property described in subsection (aX2) to the State or the a te It of general local government at no cost to allow lorrTemimp ement of public roads in existence on the date of the enactment of this Act or for the provision ofalternative means oftransportation. (c) TRANsFm FOR SALE.-ý1) The Secretaxy of the Army shall transfer to the Administrator ofthe General Services Administration those parcels ofthe area ofreal property described in subsection (aXI). The transferred property sb.E!lý be sold in advertised sales

as surg=lu ro erty under the provisions of the Federal Property A ýptp and

. us rative Services Act of 1949 (40 U.S.C. 471 et seq.), except that the provisions of such Act relating to reduced- or nocost transfers to other governmental entities shall not apply to

thisF' 227)%i7"unts realized by

- the United States upon the sale of property as described in paragraph (1) shall be tranderred to the Director of the United States Fish and V-ddlffe Service to be used, to the extent provided for m*afpropriation Acta, to supplement the fimds otherwise available or construction of a vuntor and education center atthe refuge. (d) LnjiTAv0NS._ (1) PERPEruAL REsmcnONS.-W The disposal of real property under this section shall be subject toperpetual restrictions that are attached to any deed to such property and that prohibit-(i) the use of the property for residential or industrial purposes; (ii) the use ofground water located under, or surface water located on, thyroperty as a sourte ofpotable water, (iii) hunting an fishin on the property, excluding hunting and fishing for nonconsumptive use subject to appropriate restrictions; and (iv) agricultural use ofthepropeq, farming activities such as the rahang or lives crops, or vegetables, but excluding agricultural ra ces used in response action orusedfor erosion contro (13) Nothing in subparagraph (A) shall be construed ýo restrict or lessen the degree of cleanup required to be carricd out under applicable provisions of law at the property deaignated fordisposal under this section.PUBLIC LAW 102-402-OCT. 9, 1992 106 STAT. 1967

(2) DISPOSAL iN AccoRDANcE wrrH CERCLA--The disposal Freal property under this section shall be carried out in -)mpliancewith section 120(hý-ý Comprehensive Environiental Response, Compensation, and Liability Act of 1980 (42 T.S.C. 9620(h)) and other applicable provisions oflaw.

Approved October 9, 1992.

LEGISLATIVE HISTORY-H.R. 1435-
HOUSE REPORTS: No 102-463. Pt.I (Comm. on Armed Services) and Pt 2 (Comm
on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 138 (1992) July 7. considered and passed House Sept. 18. considered and passed Senate, amended Sept. 25. House concurred in Senate amendmints WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol 28 t1992) Oct 9. Presidential statement.

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