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

Public Law 102-402

102d Congress

z=AtrAct

To direct the Secretary of the Army to transferjurisdiction over the Rocky Mountain Oct. 9, 1992

Arsenal. Colorado, to the Secretary of the Interior. [H.R. 14351

Be it enacted by the Senate and House of Representatives of

die United States ofAmerica in Congress assembled, Rocky Mountain

Arsenal

SECTION L SHORT TITIX AND DFIFINITIONS. National

Wildlife Refuge (a) SwRT TrMF,.--This Act may be cited as the "Rocky M012n- Act of 1992.

tain Arsenal National Wildlife Refuge Act of 1992". Real property.

(b) DEFINMONS.-For purposed of this Act- 16 USC 669dd

(1) The term "Arsenal" means the Rocky Mountain Arsenal note.

in the State of Colorado.

(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) of the Comprehensive

Envirorunenno=ponse, Compensation, and Liability Act of

1980 (42 U.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 JURISDIC77ON OVER THE ROCKY MOUNTAIN AILSENAr-

(a) TRANsFER OF MANAGEMENT RF_sPONSIl3ILrrIES.--(1) Not later

than October 1, 1992, the Secretary of the Army and the Secretary

of the Interior shall enter into a memorandum of under-standing

under which-

(A) the Secretary of the Anny shall transfer to the Secretary of the 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

69-139 0 - 921401.

9704503-1/1-J

00001613
106 STAT. 1962 PUBLIC LAW 102-402-OCT. 9,1992

carried out by or under the authority of the Secretary of the 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 (including motor oil and aviation fuel) carried out by or under

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 or other action s=take priority.

(b) TRANSFER OF JuRLSDICnom-0) Upon receipt of the certification described *in paragraph (2), the Secretary of the 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

to the Secretary of the Interior and shall include such improvements

on the roperty as the Secretary of the Interior may request in

writing Jor refuge management purposes.

(2) The transfer of real property under paragraph (1) may

occur only after the Administrator of the Environmental Protection

Agency certifies to the Secretary of the Army that response action

required 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 have been completed,

except operation and maintenance associated with those actions.

(3) The exact acrea#e and legal description of the real property

subject to transfer under paragraph (1) shall be determined by

a survey mutually satisfactory to the Secretary of the Army and

the Secretary of the Interior. The Secretary of the Army shall

bear any costs related to the survey.

(c) PROPERTY AND FAcmmEs ExcLuDED FRom TRANSFERS.-

(1) PROPERTY USED FOR ENVIROMWFNTAL CLEANIM PURPOSE&-The Secretary of the 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 of hazardous 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 of the Army

shall consult with the Secretary of the Interior regarding the

identification and rannagement of all real property retained

under this paragraph and ensure that activities carried out

on that property 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 of the Army shall retain jurisdiction, 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 and described in Department

of the Army lease No. DACA 45-4-71-6185.

(B) Nothing in this Af+"I affect the validity or continued

operation of leases of the Department of the Army in existence

on the date of the enactment of this Act and involving the

property described in subparagraph (A).

jM L CONTDWATION OF RESPONSIBuxff AND LIABUJTY OF THE

SECRETARY OF THE ARb1Y FOR 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 thatsubdý: to the memorandum, continue to carry out (1) response

ution at that property under the Comprehensive Environmental

Ptesponse, Compensation, and Liability Act of 1980 (42 U.S.C. 9601

at seq.) and other applicable provisions of law, and (2) any action

required under any other statute to remediate petroleum products

3r their derivatives (including motor 

-oil and aviation fuel). The

ent by the Secretary of the Interior of such real property

MýVsubject to any such response action or other action at

the pro being earned out by or under the authority of the

Secretarv oYthe Army under such provisions of law.

(bj7fj"nzrY.--0) Nothing in this Act shall relieve, and no

action may be taken under this Act to relieve, the Secretary of

the Army 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.)

and other applicable provisions of law.

(2) After the transfer of jurisdiction under section 2(b), the

Secretary of the Army shall retain any obligation or other liability

at the Arsenal 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 shall be accorded all

easements and access as may be reasonably required to carry out

such obligation or other liability.

(c) DEGREE OF CLEANUP.--ý-Nothing in this Act shall be construed to restrict or lessen the degree of cleanup at the Arsenal 

..

...... .

.

required to be carried out under applicable provision3 of law.

(d) PAYMENT OF RESPONSE AcTION COSTS.-Amy Federal d artment or agency that had or has operations at the Arsenal res9ting

in the release or threatened release of hazardous substances, pollutants, or contaminants shall pay the cost of related 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 of the Army shall consult with the 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) for which the refuge will be established

after the certification required under section 2(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 Act
106 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 et seq.) shall apply to all actions at the Arsenal.

(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 of law, 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 of the remedial investigation and feasibility study or endangerment assessments;

(B) the contents and conclusions of the 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) for the Arsenal 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 WILDLWE E"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

of the real property required to be transferred under such section.

Federal The Secretary of the Interior shall publish a notice of the establishRegister,

publication ment of the refuge in the Federal Register.

(b) ADmunsTRATioN.-

(1) IN GENMIA1--The Secretary of the 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 of the 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

of the Federal Aviation Administration shall confer from time

to time as necessary to coordinate the management of the

refuge with the operations of the 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 of fish, wildlife, and plants within the refuge, including populations of waterfowl, raptors, passerinespand-marsh and water birds.

(2)To conserve species listed as threatened or endangered under the Endangered Species Act and species that are candidates for such listing. (3) To provide maximum fish and wildlife oriented public

uses at levels compatible with the conservation and enhancement of wildlife and wildlife habitat

(4) To provide opportunities for compatible scientific

researclL

(5) To provide opportunities for compatible environmental

and land use education.

(6) To conserve and enhance the land and water of the

refuge in a manner that will conserve and enhance the natural

diversity offish, wildlife, plants, and their habitats.

(7) To protect and enhance the quality of aquatic habitat

within the refum

(8) To fulfill international treaty obligations of the United

States with respect to fish and wildlife and their habitats.

(d) Ln&TATioNs.-

(1) PROHEBMON AGAINST ANNEXATION.-Notwithstanding section 4(aX2) of the 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

the refuge by any unit of general local government. (2) PROMMMON AGAINST THROUGH RoADs.-Public roads

may not be constructed through the refuge.

SEC. & DISPOSAL OF CEBTAIN RKAT PROPERTr AT TBE ARSENAL

FOR COMUMCIAL, ECIGHWAY, OR OTECER, PUBLIC USIL

(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,

or o er public use purposes: (1) An area of real property consisting of approximately 815 acres located at the Arsenal, the approximate legal descrip- tion of which is section 9. T3S-R67W, the W2W2 of section

4 and the W4E2W2 of section 4, T3S-R67W, and the SW4SW4

of section 33, the W4E2W2 of section 33, and the W2NW4

of section 33, 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 the water wells, which shall be treated in the manner

provided in section 2.

(2) To permit the widening of existing roads, an area of

real property of not more than 100 feet inside the boundary of the Arsenal on-

(A) the Northwest side of the Arsenal adjacent to Colorado Highway #2;

(13) the Northern side of the Arsenal adjacent to 96th

Avenue;and

(C) the Southern side of the 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 lorrTem imp ement of public

roads in existence on the date of the enactment of this Act or

for the provision of alternative means of transportation.

(c) TRANsFm FOR SALE.-ý1) The Secretaxy of the Army shall

transfer to the Administrator of the General Services Administration those parcels of the area of real 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

this F' 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 at the refuge.

(d) LnjiTAv0NS._

(1) PERPEruAL REsmcnONS.-W The disposal of real

property under this section shall be subject to perpetual 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 of ground water located under, or surface

water located on, thyroperty as a sourte of potable water,

(iii) hunting an fishin on the property, excluding

hunting and fishing for nonconsumptive use subject to

appropriate restrictions; and

(iv) agricultural use of thepropeq, farming activities such as the rahang or lives crops, or

vegetables, but excluding agricultural ra ces used in

response action or used for 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 for disposal under this section.
PUBLIC LAW 102-402-OCT. 9, 1992 106 STAT. 1967

(2) DISPOSAL iN AccoRDANcE wrrH CERCLA--The disposal

F real property under this section shall be carried out in

-)mpliance with section 120(hý-ý Comprehensive Environiental Response, Compensation, and Liability Act of 1980 (42

T.S.C. 9620(h)) and other applicable provisions of law.

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 t 1992)

Oct 9. Presidential statement.

0