II 

109TH CONGRESS 

1ST SESSION S. 1835 

To authorize the Secretary of Energy to purchase certain essential mineral 

rights and resolve natural resource damage liability claims. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 6, 2005 

Mr. ALLARD (for himself and Mr. SALAZAR) 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 and resolve natural resource 

damage liability claims. 

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

3 SECTION 1. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY 

4 SITE. 

5 (a) DEFINITIONS.—In this Act: 

6 (1) ESSENTIAL MINERAL RIGHT.—The term 

7 ‘‘essential mineral right’’ means a right to mine 

8 sand and gravel at Rocky Flats, as depicted on the 

9 map. 
2 

•S 1835 IS 

1 (2) FAIR MARKET VALUE.—The term ‘‘fair 

2 market value’’ means the value of an essential min3 eral right, as determined by an appraisal performed 

4 by an independent, certified mineral appraiser under 

5 the Uniform Standards of Professional Appraisal 

6 Practice. 

7 (3) MAP.—The term ‘‘map’’ means the map en8 titled ‘‘Rocky Flats National Wildlife Refuge’’, dated 

9 July 25, 2005, and available for inspection in appro10 priate offices of the United States Fish and Wildlife 

11 Service and the Department of Energy. 

12 (4) NATURAL RESOURCE DAMAGE LIABILITY

13 CLAIM.—The term ‘‘natural resource damage liabil14 ity claim’’ means a natural resource damage liability 

15 claim under subsections (a)(4)(C) and (f) of section 

16 107 of the Comprehensive Environmental Response, 

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

18 9607) arising from hazardous substances releases at 

19 or from Rocky Flats that, as of the date of enact20 ment of this Act, are identified in the administrative 

21 record for Rocky Flats required by the National Oil 

22 and Hazardous Substances Pollution Contingency 

23 Plan prepared under section 105 of that Act (42 

24 U.S.C. 9605). 
3 

•S 1835 IS 

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

2 means the Department of Energy facility in the 

3 State of Colorado known as the ‘‘Rocky Flats Envi4 ronmental Technology Site’’. 

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

6 the Secretary of Energy. 

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

8 the Federal and State officials designated as trust9 ees under section 107(f)(2) of the Comprehensive 

10 Environmental Response, Compensation, and Liabil11 ity Act of 1980 (42 U.S.C. 9607(f)(2)). 

12 (b) PURCHASE OF ESSENTIAL MINERAL RIGHTS.— 

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

14 the date of enactment of this Act, such amounts au15 thorized to be appropriated under subsection (c) 

16 shall be available to the Secretary to purchase essen17 tial mineral rights at Rocky Flats. 

18 (2) CONDITIONS.—The Secretary shall not pur19 chase an essential mineral right under paragraph (1) 

20 unless— 

21 (A) the owner of the essential mineral 

22 right is a willing seller; and 

23 (B) the Secretary purchases the essential 

24 mineral right for an amount that does not ex25 ceed fair market value. 
4 

•S 1835 IS 

1 (3) LIMITATION.—Only those funds authorized 

2 to be appropriated under subsection (c) shall be 

3 available for the Secretary to purchase essential 

4 mineral rights under paragraph (1). 

5 (4) RELEASE FROM LIABILITY.—Notwith6 standing any other law, any natural resource dam7 age liability claim shall be considered to be satisfied 

8 by— 

9 (A) the purchase by the Secretary of essen10 tial mineral rights under paragraph (1) for con11 sideration in an amount equal to $10,000,000; 

12 (B) the payment by the Secretary to the 

13 Trustees of $10,000,000; or 

14 (C) the purchase by the Secretary of any 

15 portion of the mineral rights under paragraph 

16 (1) for— 

17 (i) consideration in an amount less 

18 than $10,000,000; and 

19 (ii) a payment by the Secretary to the 

20 Trustees of an amount equal to the dif21 ference between— 

22 (I) $10,000,000; and 

23 (II) the amount paid under 

24 clause (i). 

25 (5) USE OF FUNDS.— 
5 

•S 1835 IS 

1 (A) IN GENERAL.—Any amounts received 

2 under paragraph (4) shall be used by the Trust3 ees for the purposes described in section 

4 107(f)(1) of the Comprehensive Environmental 

5 Response, Compensation, and Liability Act of 

6 1980 (42 U.S.C. 9607(f)(1)), including— 

7 (i) the purchase of additional mineral 

8 rights at Rocky Flats; and 

9 (ii) the development of habitat res10 toration projects at Rocky Flats. 

11 (B) CONDITION.—Any expenditure of 

12 funds under this paragraph shall be made joint13 ly by the Trustees. 

14 (C) ADDITIONAL FUNDS.—The Trustees 

15 may use the funds received under paragraph 

16 (4) in conjunction with other private and public 

17 funds. 

18 (6) EXEMPTION FROM NATIONAL ENVIRON19 MENTAL POLICY ACT.—Any purchases of mineral 

20 rights under this subsection shall be exempt from 

21 the National Environmental Policy Act of 1969 (42 

22 U.S.C. 4321 et seq.). 

23 (7) ROCKY FLATS NATIONAL WILDLIFE REF24 UGE.— 
6 

•S 1835 IS 

1 (A) TRANSFER OF MANAGEMENT RESPON2 SIBILITIES.—The Rocky Flats National Wildlife 

3 Refuge Act of 2001 (16 U.S.C. 668dd note; 

4 Public Law 107–107) is amended— 

5 (i) in section 3175— 

6 (I) by striking subsections (b) 

7 and (f); and 

8 (II) by redesignating subsections 

9 (c), (d), and (e) as subsections (b), 

10 (c), and (d), respectively; and 

11 (ii) in section 3176(a)(1), by striking 

12 ‘‘section 3175(d)’’ and inserting ‘‘section 

13 3175(c)’’. 

14 (B) BOUNDARIES.—Section 3177 of the 

15 Rocky Flats National Wildlife Refuge Act of 

16 2001 (16 U.S.C. 668dd note; Public Law 107– 

17 107) is amended by striking subsection (c) and 

18 inserting the following: 

19 ‘‘(c) COMPOSITION.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), the refuge shall consist of land within the 

22 boundaries of Rocky Flats, as depicted on the 

23 map— 

24 ‘‘(A) entitled ‘Rocky Flats National Wild25 life Refuge’; 
7 

•S 1835 IS 

1 ‘‘(B) dated July 25, 2005; and 

2 ‘‘(C) available for inspection in the appro3 priate offices of the United States Fish and 

4 Wildlife Service and the Department of Energy. 

5 ‘‘(2) EXCLUSIONS.—The refuge does not in6 clude— 

7 ‘‘(A) any land retained by the Department 

8 of Energy for response actions under section 

9 3175(c); 

10 ‘‘(B) any land depicted on the map de11 scribed in paragraph (1) that is subject to 1 or 

12 more essential mineral rights described in sec13 tion 3114(a) of the National Defense Author14 ization Act for Fiscal Year 2006 over which the 

15 Secretary shall retain jurisdiction of the surface 

16 estate until the essential mineral rights— 

17 ‘‘(i) are purchased under subsection 

18 (b) of that Act; or 

19 ‘‘(ii) are mined and reclaimed by the 

20 mineral rights holders in accordance with 

21 requirements established by the State of 

22 Colorado; and 

23 ‘‘(C) the land depicted on the map de24 scribed in paragraph (1) on which essential 

25 mineral rights are being actively mined as of 
8 

•S 1835 IS 

1 the date of enactment of this subparagraph 

2 until— 

3 ‘‘(i) the essential mineral rights are 

4 purchased; or 

5 ‘‘(ii) the surface estate is reclaimed by 

6 the mineral rights holder in accordance 

7 with requirements established by the State 

8 of Colorado. 

9 ‘‘(3) ACQUISITION OF ADDITIONAL LAND.—Not10 withstanding paragraph (2), upon the purchase of 

11 the mineral rights or reclamation of the land de12 picted on the map described in paragraph (1), the 

13 Secretary shall— 

14 ‘‘(A) transfer the land to the Secretary of 

15 the Interior for inclusion in the refuge; and 

16 ‘‘(B) the Secretary of the Interior shall— 

17 ‘‘(i) accept the transfer of the land; 

18 and 

19 ‘‘(ii) manage the land as part of the 

20 refuge.’’. 

21 (c) FUNDING.—Of the amounts authorized to be ap22 propriated to the Secretary for the Rocky Flats Environ23 mental Technology Site for fiscal year 2006, $10,000,000 
9 

•S 1835 IS 

1 shall be made available to the Secretary for the purposes 

2 described in subsection (b). 

Æ