II

106TH CONGRESS

2D SESSION S. 3090

To establish the Rocky Flats National Wildlife Refuge in the State of

Colorado, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 21, 2000

Mr. ALLARD (for himself and Mr. CAMPBELL) introduced the following bill;

which was read twice and referred to the Committee on Armed Services

A BILL

To establish the Rocky Flats National Wildlife Refuge in

the State of Colorado, and for other purposes.

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 National

5 Wildlife Refuge Act of 2000’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds the following:

8 (1) The Federal Government, through the

9 Atomic Energy Commission, acquired the Rocky

10 Flats site in 1951 and began operations there in
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1 1952. The site remains a Department of Energy fa2 cility. Since 1992, the mission of the Rocky Flats

3 site has changed from the production of nuclear

4 weapons components to cleanup and closure in a

5 manner that is safe, environmentally and socially re6 sponsible, physically secure, and cost-effective.

7 (2) The site has generally remained undisturbed

8 since its acquisition by the Federal Government.

9 (3) The State of Colorado is experiencing in10 creasing growth and development, especially in the

11 metropolitan Denver Front Range area in the vicin12 ity of the Rocky Flats site. That growth and devel13 opment reduces the amount of open space and there14 by diminishes for many metropolitan Denver com15 munities the vistas of the striking Front Range

16 mountain backdrop.

17 (4) Some areas of the site contain contamina18 tion and will require further remediation. The na19 tional interest requires that the ongoing cleanup and

20 closure of the entire site be completed safely, effec21 tively, and without unnecessary delay and that the

22 site thereafter be retained by the United States and

23 managed so as to preserve the value of the site for

24 open space and wildlife habitat.
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1 (5) The Rocky Flats site provides habitat for

2 many wildlife species, including a number of threat3 ened and endangered species, and is marked by the

4 presence of rare xeric tallgrass prairie plant commu5 nities. Establishing the site as a unit of the National

6 Wildlife Refuge System will promote the preserva7 tion and enhancement of those resources for present

8 and future generations.

9 (b) PURPOSE.—The purpose of this Act is to provide

10 for the establishment of the Rocky Flats site as a national

11 wildlife refuge while creating a process for public input

12 on refuge management and ensuring that the site is thor13 oughly and completely cleaned up.

14 SEC. 3. DEFINITIONS.

15 In this Act:

16 (1) CLEANUP AND CLOSURE.—The term

17 ‘‘cleanup and closure’’ means the remedial actions

18 and decommissioning activities being carried out at

19 Rocky Flats by the Department of Energy under the

20 1996 Rocky Flats Cleanup Agreement, the closure

21 plans and baselines, and any other relevant docu22 ments or requirements.

23 (2) COALITION.—The term ‘‘Coalition’’ means

24 the Rocky Flats Coalition of Local Governments es-
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1 tablished by the Intergovernmental Agreement,

2 dated February 16, 1999, among—

3 (A) the city of Arvada, Colorado;

4 (B) the city of Boulder, Colorado;

5 (C) the city of Broomfield, Colorado;

6 (D) the city of Westminster, Colorado;

7 (E) the town of Superior, Colorado;

8 (F) Boulder County, Colorado; and

9 (G) Jefferson County, Colorado.

10 (3) HAZARDOUS SUBSTANCE.—The term ‘‘haz11 ardous substance’’ has the meaning given the term

12 in section 101 of the Comprehensive Environmental

13 Response, Compensation, and Liability Act of 1980

14 (42 U.S.C. 9601).

15 (4) POLLUTANT OR CONTAMINANT.—The term

16 ‘‘pollutant or contaminant’’ has the meaning given

17 the term in section 101 of the Comprehensive Envi18 ronmental Response, Compensation, and Liability

19 Act of 1980 (42 U.S.C. 9601).

20 (5) REFUGE.—The term ‘‘refuge’’ means the

21 Rocky Flats National Wildlife Refuge established

22 under section 7.

23 (6) RESPONSE ACTION.—The term ‘‘response

24 action’’ has the meaning given the term ‘‘response’’

25 in section 101 of the Comprehensive Environmental
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1 Response, Compensation, and Liability Act of 1980

2 (42 U.S.C. 9601) or any similar requirement under

3 State law.

4 (7) RFCA.—The term ‘‘RFCA’’ means the

5 Rocky Flats Cleanup Agreement, an intergovern6 mental agreement, dated July 19, 1996, among—

7 (A) the Department of Energy;

8 (B) the Environmental Protection Agency;

9 and

10 (C) the Department of Public Health and

11 Environment of the State of Colorado.

12 (8) ROCKY FLATS.—The term ‘‘Rocky Flats’’

13 means the Rocky Flats Environmental Technology

14 Site, Colorado, a defense nuclear facility, as depicted

15 on the map entitled ‘‘Rocky Flats Environmental

16 Technology Site’’, dated July 15, 1998.

17 (9) ROCKY FLATS TRUSTEES.—The term

18 ‘‘Rocky Flats Trustees’’ means the Federal and

19 State of Colorado entities that have been identified

20 as trustees for Rocky Flats under section 107(f)(2)

21 of the Comprehensive Environmental Response,

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

23 9607(f)(2)).

24 (10) SECRETARY.—The term ‘‘Secretary’’

25 means the Secretary of Energy.
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1 SEC. 4. FUTURE OWNERSHIP AND MANAGEMENT.

2 (a) FEDERAL OWNERSHIP.—Unless Congress pro3 vides otherwise in an Act enacted after the date of enact4 ment of this Act, all right, title, and interest of the United

5 States, held on or acquired after the date of enactment

6 of this Act, to land within the boundaries of Rocky Flats

7 shall be retained by the United States.

8 (b) LINDSAY RANCH.—The structures that comprise

9 the former Lindsay Ranch homestead site in the Rock

10 Creek Reserve area of the buffer zone, as depicted on the

11 map referred to in section 3(8), shall be permanently pre12 served and maintained in accordance with the National

13 Historic Preservation Act (16 U.S.C. 470 et seq.).

14 (c) PROHIBITION ON ANNEXATION.—The Secretary

15 of the Interior shall not allow the annexation of land with16 in the refuge by any unit of local government.

17 (d) PROHIBITION ON THROUGH ROADS.—Except as

18 provided in subsection (e), no public road shall be con19 structed through Rocky Flats.

20 (e) TRANSPORTATION RIGHT-OF-WAY.—

21 (1) IN GENERAL.—

22 (A) AVAILABILITY OF LAND.—On submis23 sion of an application meeting each of the con24 ditions specified in paragraph (2), the Secretary

25 and the Secretary of the Interior may make

26 available land along the eastern boundary of
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1 Rocky Flats for the sole purpose of transpor2 tation improvements along Indiana Street.

3 (B) BOUNDARIES.—Land made available

4 under this paragraph may not extend more

5 than 150 feet from the west edge of the Indiana

6 Street right-of-way, as that right-of-way exists

7 as of the date of enactment of this Act.

8 (C) EASEMENT OR SALE.—Land may be

9 made available under this paragraph by ease10 ment or sale to 1 or more appropriate entities.

11 (D) COMPLIANCE WITH APPLICABLE

12 LAW.—Any action under this paragraph shall

13 be taken in compliance with applicable law.

14 (2) CONDITIONS.—An application for land

15 under this subsection may be submitted by any

16 county, city, or other political subdivision of the

17 State of Colorado and shall include documentation

18 demonstrating that—

19 (A) the transportation project is compat20 ible with the management of Rocky Flats as a

21 wildlife refuge; and

22 (B) the transportation project is included

23 in the Regional Transportation Plan of the

24 Metropolitan Planning Organization designated
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1 for the Denver metropolitan area under section

2 5303 of title 49, United States Code.

3 SEC. 5. TRANSFER OF MANAGEMENT RESPONSIBILITIES

4 AND JURISDICTION OVER ROCKY FLATS.

5 (a) IN GENERAL.—

6 (1) MEMORANDUM OF UNDERSTANDING.—

7 (A) IN GENERAL.—Not later than 1 year

8 after the date of enactment of this Act, the Sec9 retary and the Secretary of the Interior shall

10 publish in the Federal Register a draft memo11 randum of understanding under which the Sec12 retary shall transfer to the Secretary of the In13 terior administrative jurisdiction over Rocky

14 Flats.

15 (B) REQUIRED ELEMENTS.—

16 (i) IN GENERAL.—Subject to clause

17 (ii), the memorandum of understanding

18 shall—

19 (I) provide for the timing of the

20 transfer;

21 (II) provide for the division of re22 sponsibilities between the Secretary

23 and the Secretary of the Interior for

24 the period ending on the date of the

25 transfer; and
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1 (III) provide an appropriate allo2 cation of costs and personnel to the

3 Secretary of the Interior.

4 (ii) NO REDUCTION IN FUNDS.—The

5 memorandum of understanding shall not

6 result in any reduction in funds available

7 to the Secretary for cleanup and closure of

8 Rocky Flats.

9 (C) DEADLINE.—Not later than 18

10 months after the date of enactment of this Act,

11 the Secretary and Secretary of the Interior

12 shall finalize and implement the memorandum

13 of understanding.

14 (2) EXCLUSIONS.—The transfer under para15 graph (1) shall not include the transfer of any prop16 erty or facility over which the Secretary retains ju17 risdiction, authority, and control under subsection

18 (b)(1).

19 (3) CONDITION.—The transfer under paragraph

20 (1) shall occur not later than 10 business days after

21 the signing by the Regional Administrator for Re22 gion VIII of the Environmental Protection Agency of

23 the Final On-site Record of Decision for Rocky

24 Flats.

25 (4) COST; IMPROVEMENTS.—The transfer—
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1 (A) shall be completed without cost to the

2 Secretary of the Interior; and

3 (B) may include such buildings or other

4 improvements as the Secretary of the Interior

5 may request in writing for refuge management

6 purposes.

7 (b) PROPERTY AND FACILITIES EXCLUDED FROM

8 TRANSFERS.—

9 (1) IN GENERAL.—The Secretary shall retain

10 jurisdiction, authority, and control over all real prop11 erty and facilities at Rocky Flats that are to be used

12 for—

13 (A) any necessary and appropriate long14 term operation and maintenance facility to

15 intercept, treat, or control a hazardous sub16 stance, radionuclide, or other pollutant or con17 taminant; and

18 (B) any other purpose relating to a re19 sponse action or any other action that is re20 quired to be carried out at Rocky Flats.

21 (2) CONSULTATION.—

22 (A) WITH ENVIRONMENTAL PROTECTION

23 AGENCY AND STATE.—The Secretary shall con24 sult with the Administrator of the Environ25 mental Protection Agency and the State of Col-
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1 orado on the identification and management of

2 all property to be retained under this subsection

3 to ensure the continuing effectiveness of re4 sponse actions.

5 (B) WITH SECRETARY OF THE INTE6 RIOR.—

7 (i) IN GENERAL.—The Secretary shall

8 consult with the Secretary of the Interior

9 on the management of the retained prop10 erty to minimize any conflict between the

11 management of property transferred to the

12 Secretary of the Interior and property re13 tained by the Secretary for response ac14 tions.

15 (ii) CONFLICT.—In the case of any

16 such conflict, implementation and mainte17 nance of the response action shall take pri18 ority.

19 (3) ACCESS.—As a condition of the transfer

20 under subsection (a), the Secretary shall be provided

21 such easements and access as are reasonably re22 quired to carry out any obligation or address any li23 ability.

24 (c) ADMINISTRATION.—
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1 (1) IN GENERAL.—On completion of the trans2 fer under subsection (a), the Secretary of the Inte3 rior shall administer Rocky Flats in accordance with

4 this Act subject to—

5 (A) any response action or institutional

6 control at Rocky Flats carried out by or under

7 the authority of the Secretary under the Com8 prehensive Environmental Response, Compensa9 tion, and Liability Act of 1980 (42 U.S.C. 9601

10 et seq.); and

11 (B) any other action required under any

12 other Federal or State law to be carried out by

13 or under the authority of the Secretary.

14 (2) CONFLICT.—In the case of any conflict be15 tween the management of Rocky Flats by the Sec16 retary of the Interior and the conduct of any re17 sponse action or other action described in subpara18 graph (A) or (B) of paragraph (1), the response ac19 tion or other action shall take priority.

20 (3) CONTINUING ACTIONS.—Except as provided

21 in paragraph (1), nothing in this subsection affects

22 any response action or other action initiated at

23 Rocky Flats on or before the date of the transfer

24 under subsection (a).
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1 (4) LIABILITY.—The Secretary shall retain any

2 obligation or other liability for land transferred

3 under subsection (a) under—

4 (A) the Comprehensive Environmental Re5 sponse, Compensation, and Liability Act of

6 1980 (42 U.S.C. 9601 et seq.); or

7 (B) any other applicable law.

8 SEC. 6. CONTINUATION OF ENVIRONMENTAL CLEANUP

9 AND CLOSURE.

10 (a) ONGOING CLEANUP AND CLOSURE.—

11 (1) IN GENERAL.—The Secretary shall carry

12 out to completion cleanup and closure at Rocky

13 Flats.

14 (2) NO RESTRICTION ON USE OF NEW TECH15 NOLOGIES.—Nothing in this Act, and no action

16 taken under this Act, restricts the Secretary from

17 using at Rocky Flats any new technology that may

18 become available for remediation of contamination.

19 (b) RULES OF CONSTRUCTION.—

20 (1) NO RELIEF FROM OBLIGATIONS UNDER

21 OTHER LAW.—

22 (A) IN GENERAL.—Nothing in this Act,

23 and no action taken under this Act, relieves the

24 Secretary, the Administrator of the Environ25 mental Protection Agency, or any other person
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1 from any obligation or other liability with re2 spect to Rocky Flats under the RFCA or any

3 applicable Federal or State law.

4 (B) NO EFFECT ON RFCA.—Nothing in

5 this Act impairs or alters any provision of the

6 RFCA.

7 (2) REQUIRED CLEANUP LEVELS.—

8 (A) IN GENERAL.—Except as provided in

9 subparagraph (B), nothing in this Act affects

10 the level of cleanup and closure at Rocky Flats

11 required under the RFCA or any Federal or

12 State law.

13 (B) NO EFFECT FROM ESTABLISHMENT AS

14 NATIONAL WILDLIFE REFUGE.—

15 (i) IN GENERAL.—The requirements

16 of this Act for establishment and manage17 ment of Rocky Flats as a national wildlife

18 refuge shall not affect the level of cleanup

19 and closure.

20 (ii) CLEANUP LEVELS.—The Sec21 retary is required to conduct cleanup and

22 closure of Rocky Flats to the levels here23 after established for soil, water, and other

24 media, following a thorough review, by the

25 parties to the RFCA and the public, of the
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1 appropriateness of the interim levels in the

2 RFCA.

3 (3) NO EFFECT ON OBLIGATIONS FOR MEAS4 URES TO CONTROL CONTAMINATION.—Nothing in

5 this Act, and no action taken under this Act, affects

6 any long-term obligation of the United States relat7 ing to funding, construction, monitoring, or oper8 ation and maintenance of—

9 (A) any necessary intercept or treatment

10 facility; or

11 (B) any other measure to control contami12 nation.

13 (c) PAYMENT OF RESPONSE ACTION COSTS.—Noth14 ing in this Act affects the obligation of a Federal depart15 ment or agency that had or has operations at Rocky Flats

16 resulting in the release or threatened release of a haz17 ardous substance or pollutant or contaminant to pay the

18 costs of response actions carried out to abate the release

19 of, or clean up, the hazardous substance or pollutant or

20 contaminant.

21 (d) CONSULTATION.—In carrying out a response ac22 tion at Rocky Flats, the Secretary shall consult with the

23 Secretary of the Interior to ensure that the response ac24 tion is carried out in a manner that, to the maximum ex25 tent practicable, furthers the purposes of the refuge.
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1 SEC. 7. ROCKY FLATS NATIONAL WILDLIFE REFUGE.

2 (a) ESTABLISHMENT.—Not later than 30 days after

3 the transfer of jurisdiction under section 5(a)(3), the Sec4 retary of the Interior shall establish at Rocky Flats a na5 tional wildlife refuge to be known as the ‘‘Rocky Flats Na6 tional Wildlife Refuge’’.

7 (b) COMPOSITION.—The refuge shall consist of the

8 real property subject to the transfer of jurisdiction under

9 section 5(a)(1).

10 (c) NOTICE.—The Secretary of the Interior shall pub11 lish in the Federal Register a notice of the establishment

12 of the refuge.

13 (d) ADMINISTRATION AND PURPOSES.—

14 (1) IN GENERAL.—The Secretary of the Inte15 rior shall manage the refuge in accordance with ap16 plicable law, including this Act, the National Wildlife

17 Refuge System Administration Act of 1966 (16

18 U.S.C. 668dd et seq.), and the purposes specified in

19 that Act.

20 (2) SPECIFIC MANAGEMENT PURPOSES.—To

21 the extent consistent with applicable law, the refuge

22 shall be managed for the purposes of—

23 (A) restoring and preserving native eco24 systems;
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1 (B) providing habitat for, and population

2 management of, native plants and migratory

3 and resident wildlife;

4 (C) conserving threatened and endangered

5 species (including species that are candidates

6 for listing under the Endangered Species Act of

7 1973 (16 U.S.C. 1531 et seq.));

8 (D) providing opportunities for compatible

9 environmental scientific research; and

10 (E) providing the public with opportunities

11 for compatible outdoor recreational and edu12 cational activities.

13 SEC. 8. PUBLIC INVOLVEMENT.

14 (a) ESTABLISHMENT OF PROCESS.—Not later than

15 90 days after the date of enactment of this Act, in devel16 oping plans for the management of fish and wildlife and

17 public use of the refuge, the Secretary of the Interior, in

18 consultation with the Secretary, the members of the Coali19 tion, the Governor of the State of Colorado, and the Rocky

20 Flats Trustees, shall establish a process for involvement

21 of the public and local communities in accomplishing the

22 purposes and objectives of this section.

23 (b) OTHER PARTICIPANTS.—In addition to the enti24 ties specified in subsection (a), the public involvement

25 process shall include the opportunity for direct involve-
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1 ment of entities not members of the Coalition as of the

2 date of enactment of this Act, including the Rocky Flats

3 Citizens’ Advisory Board and the cities of Thornton,

4 Northglenn, Golden, Louisville, and Lafayette, Colorado.

5 (c) DISSOLUTION OF COALITION.—If the Coalition

6 dissolves, or if any Coalition member elects to leave the

7 Coalition during the public involvement process under this

8 section—

9 (1) the public involvement process under this

10 section shall continue; and

11 (2) an opportunity shall be provided to each en12 tity that is a member of the Coalition as of Sep13 tember 1, 2000, for direct involvement in the public

14 involvement process.

15 (d) PURPOSES.—The public involvement process

16 under this section shall provide input and make rec17 ommendations to the Secretary and the Secretary of the

18 Interior on the following:

19 (1) The long-term management of the refuge

20 consistent with the purposes of the refuge described

21 in section 7(d) and in the National Wildlife Refuge

22 System Administration Act of 1966 (16 U.S.C.

23 668dd et seq.).
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1 (2) The identification of any land described in

2 section 4(e) that could be made available for trans3 portation purposes.

4 (3) The potential for leasing any land in Rocky

5 Flats for the National Renewable Energy Labora6 tory to carry out projects relating to the National

7 Wind Technology Center.

8 (4) The characteristics and configuration of any

9 perimeter fencing that may be appropriate or com10 patible for cleanup and closure, refuge, or other pur11 poses.

12 (5) The feasibility of locating, and the potential

13 location for, a visitor and education center at the

14 refuge.

15 (6) The establishment of a Rocky Flats mu16 seum described in section 10.

17 (7) Any other issues relating to Rocky Flats.

18 (e) REPORT.—Not later than 2 years after the date

19 of enactment of this Act, the Secretary of the Interior

20 shall submit to the Committee on Armed Services of the

21 Senate and the appropriate committee of the House of

22 Representatives a report that—

23 (1) outlines the conclusions reached through the

24 public involvement process; and
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1 (2) to the extent that any input or rec2 ommendation from the public involvement process is

3 not accepted, clearly states the reasons why the

4 input or recommendation is not accepted.

5 SEC. 9. PROPERTY RIGHTS.

6 (a) IN GENERAL.—Except as provided in subsection

7 (c), nothing in this Act limits any valid, existing property

8 right at Rocky Flats that is owned by any person or entity,

9 including, but not limited to—

10 (1) any mineral right;

11 (2) any water right or related easement; and

12 (3) any facility or right-of-way for a utility.

13 (b) ACCESS.—Except as provided in subsection (c),

14 nothing in this Act affects any right of an owner of a prop15 erty right described in subsection (a) to access the owner’s

16 property.

17 (c) REASONABLE CONDITIONS.—

18 (1) IN GENERAL.—The Secretary or the Sec19 retary of the Interior may impose such reasonable

20 conditions on access to property rights described in

21 subsection (a) as are appropriate for the cleanup

22 and closure of Rocky Flats and for the management

23 of the refuge.

24 (2) NO EFFECT ON APPLICABLE LAW.—Noth25 ing in this Act affects any other applicable Federal,
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1 State, or local law (including any regulation) relat2 ing to the use, development, and management of

3 property rights described in subsection (a).

4 (3) NO EFFECT ON ACCESS RIGHTS.—Nothing

5 in this subsection precludes the exercise of any ac6 cess right, in existence on the date of enactment of

7 this Act, that is necessary to perfect or maintain a

8 water right in existence on that date.

9 (d) PURCHASE OF MINERAL RIGHTS.—

10 (1) IN GENERAL.—The Secretary shall seek to

11 acquire any and all mineral rights at Rocky Flats

12 through donation or through purchase or exchange

13 from willing sellers for fair market value.

14 (2) FUNDING.—The Secretary and the Sec15 retary of the Interior—

16 (A) may use for the purchase of mineral

17 rights under paragraph (1) funds specifically

18 provided by Congress; but

19 (B) shall not use for such purchase funds

20 appropriated by Congress for the cleanup and

21 closure of Rocky Flats.

22 (e) UTILITY EXTENSION.—

23 (1) IN GENERAL.—The Secretary or the Sec24 retary of the Interior may allow not more than 1 ex-
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1 tension from an existing utility right-of-way on

2 Rocky Flats, if necessary.

3 (2) CONDITIONS.—An extension under para4 graph (1) shall be subject to the conditions specified

5 in subsection (c).

6 SEC. 10. ROCKY FLATS MUSEUM.

7 (a) MUSEUM.—In order to commemorate the con8 tribution that Rocky Flats and its worker force provided

9 to the winning of the Cold War and the impact that the

10 contribution has had on the nearby communities and the

11 State of Colorado, the Secretary may establish a Rocky

12 Flats Museum.

13 (b) LOCATION.—The Rocky Flats Museum shall be

14 located in the city of Arvada, Colorado, unless, after con15 sultation under subsection (c), the Secretary determines

16 otherwise.

17 (c) CONSULTATION.—The Secretary shall consult

18 with the city of Arvada, other local communities, and the

19 Colorado State Historical Society on—

20 (1) the development of the museum;

21 (2) the siting of the museum; and

22 (3) any other issues relating to the development

23 and construction of the museum.

24 (d) REPORT.—Not later than 3 years after the date

25 of enactment of this Act, the Secretary, in coordination
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1 with the city of Arvada, shall submit to the Committee

2 on Armed Services of the Senate and the appropriate com3 mittee of the House of Representatives a report on the

4 costs associated with the construction of the museum and

5 any other issues relating to the development and construc6 tion of the museum.

7 SEC. 11. REPORT ON FUNDING.

8 At the time of submission of the first budget of the

9 United States Government submitted by the President

10 under section 1105 of title 31, United States Code, after

11 the date of enactment of this Act, and annually thereafter,

12 the Secretary and the Secretary of the Interior shall report

13 to the Committee on Armed Services and the Committee

14 on Appropriations of the Senate and the appropriate com15 mittees of the House of Representatives on—

16 (1) the costs incurred in implementing this Act

17 during the preceding fiscal year; and

18 (2) the funds required to implement this Act

19 during the current and subsequent fiscal years.

Æ