II 

109TH CONGRESS 

1ST SESSION S. 1251

To authorize the Secretary of Energy to purchase certain essential mineral 

rights as part of a comprehensive natural resource damage settlement. 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2005

Mr. ALLARD introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL

To authorize the Secretary of Energy to purchase certain 

essential mineral rights as part of a comprehensive natural resource damage settlement.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rocky Flats Environ5 mental Technology Site Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COVENANT NOT TO SUE.—The term ‘‘cov9 enant not to sue’’ means—
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•S 1251 IS 

1 (A) a covenant not to sue under section 

2 122(f) of the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act of 

4 1980 (42 U.S.C. 9622(f)); and 

5 (B) any similar covenant by the State of 

6 Colorado. 

7 (2) ESSENTIAL MINERAL RIGHT.— 

8 (A) IN GENERAL.—The term ‘‘essential 

9 mineral right’’ means a right to a mineral iden10 tified as necessary to transition Rocky Flats to 

11 a National Wildlife Refuge by— 

12 (i) the Secretary; and 

13 (ii) the Secretary of the Interior. 

14 (B) INCLUSION.—The term ‘‘essential min15 eral right’’ may include a right to a mineral re16 ferred to in section VIII(A) of the draft memo17 randum of understanding between the Depart18 ment of the Interior and the Department of En19 ergy, dated March 22, 2005 (70 Fed. Reg. 

20 14455). 

21 (3) FAIR MARKET VALUE.—The term ‘‘fair 

22 market value’’ means the value of a mineral right, 

23 as determined by an appraisal performed by an inde24 pendent, certified mineral appraiser under the Uni25 form Standards of Professional Appraisal Practice. 
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1 (4) NATURAL RESOURCE DAMAGE LIABILITY.—

2 The term ‘‘natural resource damage liability’’ means 

3 natural resource damage liability under section 

4 107(a)(4)(C) of the Comprehensive Environmental 

5 Response, Compensation, and Liability Act of 1980 

6 (42 U.S.C. 9607(a)(4)(C)). 

7 (5) ROCKY FLATS.—The term ‘‘Rocky Flats’’ 

8 means the Department of Energy facility in the 

9 State of Colorado known as the ‘‘Rocky Flats Envi10 ronmental Technology Site’’. 

11 (6) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Energy. 

13 (7) TRUSTEES.—The term ‘‘Trustees’’ means 

14 the Federal and State officials designated as trust15 ees under section 107(f)(2) of the Comprehensive 

16 Environmental Response, Compensation, and Liabil17 ity Act of 1980 (42 U.S.C. 9607(f)(2)). 

18 SEC. 3. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY 

19 SITE. 

20 (a) PURCHASE OF ESSENTIAL MINERAL RIGHTS.— 

21 (1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of this Act, the Secretary 

23 shall use amounts made available under subsection 

24 (b) to purchase essential mineral rights at Rocky 

25 Flats. 
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•S 1251 IS 

1 (2) CONDITIONS.—The Secretary shall not pur2 chase an essential mineral right under paragraph (1) 

3 unless— 

4 (A) the owner of the essential mineral 

5 right is a willing seller; 

6 (B) the Secretary purchases the essential 

7 mineral right at fair market value; and 

8 (C)(i) the Trustees enter into a natural re9 sources damage settlement providing that the 

10 purchase of essential mineral rights satisfies 

11 any existing or potential natural resource dam12 age liability claim arising from releases of haz13 ardous substances identified in the administra14 tive record for the site as of the date of enact15 ment of this Act; and 

16 (ii) the settlement includes a covenant not 

17 to sue. 

18 (3) LIMITATION.—The Secretary shall purchase 

19 essential mineral rights under paragraph (1) and 

20 satisfy any obligation of the Secretary under a set21 tlement of a natural resource damage claim at 

22 Rocky Flats under section 122(f) of the Comprehen23 sive Environmental Response, Compensation, and 

24 Liability Act of 1980 (42 U.S.C. 9622(f)) using only 

25 funds made available under subsection (b). 
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•S 1251 IS 

1 (4) UNWILLING SELLERS.—If an owner of an 

2 essential mineral right refuses to sell the right to the 

3 Secretary at fair market value, the Secretary may 

4 satisfy any natural resource damage liability obliga5 tion of the Secretary to the Trustees by paying to 

6 the Trustees an amount equal to the fair market 

7 value of the essential mineral right owned by the un8 willing seller as part of a settlement of a natural re9 source damage claim under section 122(f) of the 

10 Comprehensive Environmental Response, Compensa11 tion, and Liability Act of 1980 (42 U.S.C. 9622(f)). 

12 (5) RELEASE FROM LIABILITY.—Notwith13 standing any other law, any claim for damage to a 

14 natural resource under section 107(f) of the Com15 prehensive Environmental Response, Compensation, 

16 and Liability Act of 1980 (42 U.S.C. 9607(f)) shall 

17 be considered to be satisfied by— 

18 (A) a purchase by the Secretary of an es19 sential mineral right under paragraph (1); or 

20 (B) a payment by the Secretary to the 

21 Trustees under paragraph (4). 

22 (6) EXEMPTION FROM NATIONAL ENVIRON23 MENTAL POLICY ACT.—A purchase of an essential 

24 mineral right under this subsection shall be exempt 
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1 from the National Environmental Policy Act of 1969 

2 (42 U.S.C. 4321 et seq.). 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $10,000,000 for fiscal year 2006.

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