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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3090 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rocky Flats National Wildlife Refuge 
Act of 2000''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Federal Government, through the Atomic Energy 
        Commission, acquired the Rocky Flats site in 1951 and began 
        operations there in 1952. The site remains a Department of 
        Energy facility. Since 1992, the mission of the Rocky Flats 
        site has changed from the production of nuclear weapons 
        components to cleanup and closure in a manner that is safe, 
        environmentally and socially responsible, physically secure, 
        and cost-effective.
            (2) The site has generally remained undisturbed since its 
        acquisition by the Federal Government.
            (3) The State of Colorado is experiencing increasing growth 
        and development, especially in the metropolitan Denver Front 
        Range area in the vicinity of the Rocky Flats site. That growth 
        and development reduces the amount of open space and thereby 
        diminishes for many metropolitan Denver communities the vistas 
        of the striking Front Range mountain backdrop.
            (4) Some areas of the site contain contamination and will 
        require further remediation. The national interest requires 
        that the ongoing cleanup and closure of the entire site be 
        completed safely, effectively, and without unnecessary delay 
        and that the site thereafter be retained by the United States 
        and managed so as to preserve the value of the site for open 
        space and wildlife habitat.
            (5) The Rocky Flats site provides habitat for many wildlife 
        species, including a number of threatened and endangered 
        species, and is marked by the presence of rare xeric tallgrass 
        prairie plant communities. Establishing the site as a unit of 
        the National Wildlife Refuge System will promote the 
        preservation and enhancement of those resources for present and 
        future generations.
    (b) Purpose.--The purpose of this Act is to provide for the 
establishment of the Rocky Flats site as a national wildlife refuge 
while creating a process for public input on refuge management and 
ensuring that the site is thoroughly and completely cleaned up.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Cleanup and closure.--The term ``cleanup and closure'' 
        means the remedial actions and decommissioning activities being 
        carried out at Rocky Flats by the Department of Energy under 
        the 1996 Rocky Flats Cleanup Agreement, the closure plans and 
        baselines, and any other relevant documents or requirements.
            (2) Coalition.--The term ``Coalition'' means the Rocky 
        Flats Coalition of Local Governments established by the 
        Intergovernmental Agreement, dated February 16, 1999, among--
                    (A) the city of Arvada, Colorado;
                    (B) the city of Boulder, Colorado;
                    (C) the city of Broomfield, Colorado;
                    (D) the city of Westminster, Colorado;
                    (E) the town of Superior, Colorado;
                    (F) Boulder County, Colorado; and
                    (G) Jefferson County, Colorado.
            (3) Hazardous substance.--The term ``hazardous substance'' 
        has the meaning given the term in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (4) Pollutant or contaminant.--The term ``pollutant or 
        contaminant'' has the meaning given the term in section 101 of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (5) Refuge.--The term ``refuge'' means the Rocky Flats 
        National Wildlife Refuge established under section 7.
            (6) Response action.--The term ``response action'' has the 
        meaning given the term ``response'' in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601) or any similar 
        requirement under State law.
            (7) RFCA.--The term ``RFCA'' means the Rocky Flats Cleanup 
        Agreement, an intergovernmental agreement, dated July 19, 1996, 
        among--
                    (A) the Department of Energy;
                    (B) the Environmental Protection Agency; and
                    (C) the Department of Public Health and Environment 
                of the State of Colorado.
            (8) Rocky flats.--The term ``Rocky Flats'' means the Rocky 
        Flats Environmental Technology Site, Colorado, a defense 
        nuclear facility, as depicted on the map entitled ``Rocky Flats 
        Environmental Technology Site'', dated July 15, 1998.
            (9) Rocky flats trustees.--The term ``Rocky Flats 
        Trustees'' means the Federal and State of Colorado entities 
        that have been identified as trustees for Rocky Flats under 
        section 107(f)(2) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(2)).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 4. FUTURE OWNERSHIP AND MANAGEMENT.

    (a) Federal Ownership.--Unless Congress provides otherwise in an 
Act enacted after the date of enactment of this Act, all right, title, 
and interest of the United States, held on or acquired after the date 
of enactment of this Act, to land within the boundaries of Rocky Flats 
shall be retained by the United States.
    (b) Lindsay Ranch.--The structures that comprise the former Lindsay 
Ranch homestead site in the Rock Creek Reserve area of the buffer zone, 
as depicted on the map referred to in section 3(8), shall be 
permanently preserved and maintained in accordance with the National 
Historic Preservation Act (16 U.S.C. 470 et seq.).
    (c) Prohibition on Annexation.--The Secretary of the Interior shall 
not allow the annexation of land within the refuge by any unit of local 
government.
    (d) Prohibition on Through Roads.--Except as provided in subsection 
(e), no public road shall be constructed through Rocky Flats.
    (e) Transportation Right-of-Way.--
            (1) In general.--
                    (A) Availability of land.--On submission of an 
                application meeting each of the conditions specified in 
                paragraph (2), the Secretary and the Secretary of the 
                Interior may make available land along the eastern 
                boundary of Rocky Flats for the sole purpose of 
                transportation improvements along Indiana Street.
                    (B) Boundaries.--Land made available under this 
                paragraph may not extend more than 150 feet from the 
                west edge of the Indiana Street right-of-way, as that 
                right-of-way exists as of the date of enactment of this 
                Act.
                    (C) Easement or sale.--Land may be made available 
                under this paragraph by easement or sale to 1 or more 
                appropriate entities.
                    (D) Compliance with applicable law.--Any action 
                under this paragraph shall be taken in compliance with 
                applicable law.
            (2) Conditions.--An application for land under this 
        subsection may be submitted by any county, city, or other 
        political subdivision of the State of Colorado and shall 
        include documentation demonstrating that--
                    (A) the transportation project is compatible with 
                the management of Rocky Flats as a wildlife refuge; and
                    (B) the transportation project is included in the 
                Regional Transportation Plan of the Metropolitan 
                Planning Organization designated for the Denver 
                metropolitan area under section 5303 of title 49, 
                United States Code.

SEC. 5. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER 
              ROCKY FLATS.

    (a) In General.--
            (1) Memorandum of understanding.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary and the 
                Secretary of the Interior shall publish in the Federal 
                Register a draft memorandum of understanding under 
                which the Secretary shall transfer to the Secretary of 
                the Interior administrative jurisdiction over Rocky 
                Flats.
                    (B) Required elements.--
                            (i) In general.--Subject to clause (ii), 
                        the memorandum of understanding shall--
                                    (I) provide for the timing of the 
                                transfer;
                                    (II) provide for the division of 
                                responsibilities between the Secretary 
                                and the Secretary of the Interior for 
                                the period ending on the date of the 
                                transfer; and
                                    (III) provide an appropriate 
                                allocation of costs and personnel to 
                                the Secretary of the Interior.
                            (ii) No reduction in funds.--The memorandum 
                        of understanding shall not result in any 
                        reduction in funds available to the Secretary 
                        for cleanup and closure of Rocky Flats.
                    (C) Deadline.--Not later than 18 months after the 
                date of enactment of this Act, the Secretary and 
                Secretary of the Interior shall finalize and implement 
                the memorandum of understanding.
            (2) Exclusions.--The transfer under paragraph (1) shall not 
        include the transfer of any property or facility over which the 
        Secretary retains jurisdiction, authority, and control under 
        subsection (b)(1).
            (3) Condition.--The transfer under paragraph (1) shall 
        occur not later than 10 business days after the signing by the 
        Regional Administrator for Region VIII of the Environmental 
        Protection Agency of the Final On-site Record of Decision for 
        Rocky Flats.
            (4) Cost; improvements.--The transfer--
                    (A) shall be completed without cost to the 
                Secretary of the Interior; and
                    (B) may include such buildings or other 
                improvements as the Secretary of the Interior may 
                request in writing for refuge management purposes.
    (b) Property and Facilities Excluded From Transfers.--
            (1) In general.--The Secretary shall retain jurisdiction, 
        authority, and control over all real property and facilities at 
        Rocky Flats that are to be used for--
                    (A) any necessary and appropriate long-term 
                operation and maintenance facility to intercept, treat, 
                or control a hazardous substance, radionuclide, or 
                other pollutant or contaminant; and
                    (B) any other purpose relating to a response action 
                or any other action that is required to be carried out 
                at Rocky Flats.
            (2) Consultation.--
                    (A) With environmental protection agency and 
                state.--The Secretary shall consult with the 
                Administrator of the Environmental Protection Agency 
                and the State of Colorado on the identification and 
                management of all property to be retained under this 
                subsection to ensure the continuing effectiveness of 
                response actions.
                    (B) With secretary of the interior.--
                            (i) In general.--The Secretary shall 
                        consult with the Secretary of the Interior on 
                        the management of the retained property to 
                        minimize any conflict between the management of 
                        property transferred to the Secretary of the 
                        Interior and property retained by the Secretary 
                        for response actions.
                            (ii) Conflict.--In the case of any such 
                        conflict, implementation and maintenance of the 
                        response action shall take priority.
            (3) Access.--As a condition of the transfer under 
        subsection (a), the Secretary shall be provided such easements 
        and access as are reasonably required to carry out any 
        obligation or address any liability.
    (c) Administration.--
            (1) In general.--On completion of the transfer under 
        subsection (a), the Secretary of the Interior shall administer 
        Rocky Flats in accordance with this Act subject to--
                    (A) any response action or institutional control at 
                Rocky Flats carried out by or under the authority of 
                the Secretary under the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.); and
                    (B) any other action required under any other 
                Federal or State law to be carried out by or under the 
                authority of the Secretary.
            (2) Conflict.--In the case of any conflict between the 
        management of Rocky Flats by the Secretary of the Interior and 
        the conduct of any response action or other action described in 
        subparagraph (A) or (B) of paragraph (1), the response action 
        or other action shall take priority.
            (3) Continuing actions.--Except as provided in paragraph 
        (1), nothing in this subsection affects any response action or 
        other action initiated at Rocky Flats on or before the date of 
        the transfer under subsection (a).
            (4) Liability.--The Secretary shall retain any obligation 
        or other liability for land transferred under subsection (a) 
        under--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.); or
                    (B) any other applicable law.

SEC. 6. CONTINUATION OF ENVIRONMENTAL CLEANUP AND CLOSURE.

    (a) Ongoing Cleanup and Closure.--
            (1) In general.--The Secretary shall carry out to 
        completion cleanup and closure at Rocky Flats.
            (2) No restriction on use of new technologies.--Nothing in 
        this Act, and no action taken under this Act, restricts the 
        Secretary from using at Rocky Flats any new technology that may 
        become available for remediation of contamination.
    (b) Rules of Construction.--
            (1) No relief from obligations under other law.--
                    (A) In general.--Nothing in this Act, and no action 
                taken under this Act, relieves the Secretary, the 
                Administrator of the Environmental Protection Agency, 
                or any other person from any obligation or other 
                liability with respect to Rocky Flats under the RFCA or 
                any applicable Federal or State law.
                    (B) No effect on rfca.--Nothing in this Act impairs 
                or alters any provision of the RFCA.
            (2) Required cleanup levels.--
                    (A) In general.--Except as provided in subparagraph 
                (B), nothing in this Act affects the level of cleanup 
                and closure at Rocky Flats required under the RFCA or 
                any Federal or State law.
                    (B) No effect from establishment as national 
                wildlife refuge.--
                            (i) In general.--The requirements of this 
                        Act for establishment and management of Rocky 
                        Flats as a national wildlife refuge shall not 
                        affect the level of cleanup and closure.
                            (ii) Cleanup levels.--The Secretary is 
                        required to conduct cleanup and closure of 
                        Rocky Flats to the levels hereafter established 
                        for soil, water, and other media, following a 
                        thorough review, by the parties to the RFCA and 
                        the public, of the appropriateness of the 
                        interim levels in the RFCA.
            (3) No effect on obligations for measures to control 
        contamination.--Nothing in this Act, and no action taken under 
        this Act, affects any long-term obligation of the United States 
        relating to funding, construction, monitoring, or operation and 
        maintenance of--
                    (A) any necessary intercept or treatment facility; 
                or
                    (B) any other measure to control contamination.
    (c) Payment of Response Action Costs.--Nothing in this Act affects 
the obligation of a Federal department or agency that had or has 
operations at Rocky Flats resulting in the release or threatened 
release of a hazardous substance or pollutant or contaminant to pay the 
costs of response actions carried out to abate the release of, or clean 
up, the hazardous substance or pollutant or contaminant.
    (d) Consultation.--In carrying out a response action at Rocky 
Flats, the Secretary shall consult with the Secretary of the Interior 
to ensure that the response action is carried out in a manner that, to 
the maximum extent practicable, furthers the purposes of the refuge.

SEC. 7. ROCKY FLATS NATIONAL WILDLIFE REFUGE.

    (a) Establishment.--Not later than 30 days after the transfer of 
jurisdiction under section 5(a)(3), the Secretary of the Interior shall 
establish at Rocky Flats a national wildlife refuge to be known as the 
``Rocky Flats National Wildlife Refuge''.
    (b) Composition.--The refuge shall consist of the real property 
subject to the transfer of jurisdiction under section 5(a)(1).
    (c) Notice.--The Secretary of the Interior shall publish in the 
Federal Register a notice of the establishment of the refuge.
    (d) Administration and Purposes.--
            (1) In general.--The Secretary of the Interior shall manage 
        the refuge in accordance with applicable law, including this 
        Act, the National Wildlife Refuge System Administration Act of 
        1966 (16 U.S.C. 668dd et seq.), and the purposes specified in 
        that Act.
            (2) Specific management purposes.--To the extent consistent 
        with applicable law, the refuge shall be managed for the 
        purposes of--
                    (A) restoring and preserving native ecosystems;
                    (B) providing habitat for, and population 
                management of, native plants and migratory and resident 
                wildlife;
                    (C) conserving threatened and endangered species 
                (including species that are candidates for listing 
                under the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.));
                    (D) providing opportunities for compatible 
                environmental scientific research; and
                    (E) providing the public with opportunities for 
                compatible outdoor recreational and educational 
                activities.

SEC. 8. PUBLIC INVOLVEMENT.

    (a) Establishment of Process.--Not later than 90 days after the 
date of enactment of this Act, in developing plans for the management 
of fish and wildlife and public use of the refuge, the Secretary of the 
Interior, in consultation with the Secretary, the members of the 
Coalition, the Governor of the State of Colorado, and the Rocky Flats 
Trustees, shall establish a process for involvement of the public and 
local communities in accomplishing the purposes and objectives of this 
section.
    (b) Other Participants.--In addition to the entities specified in 
subsection (a), the public involvement process shall include the 
opportunity for direct involvement of entities not members of the 
Coalition as of the date of enactment of this Act, including the Rocky 
Flats Citizens' Advisory Board and the cities of Thornton, Northglenn, 
Golden, Louisville, and Lafayette, Colorado.
    (c) Dissolution of Coalition.--If the Coalition dissolves, or if 
any Coalition member elects to leave the Coalition during the public 
involvement process under this section--
            (1) the public involvement process under this section shall 
        continue; and
            (2) an opportunity shall be provided to each entity that is 
        a member of the Coalition as of September 1, 2000, for direct 
        involvement in the public involvement process.
    (d) Purposes.--The public involvement process under this section 
shall provide input and make recommendations to the Secretary and the 
Secretary of the Interior on the following:
            (1) The long-term management of the refuge consistent with 
        the purposes of the refuge described in section 7(d) and in the 
        National Wildlife Refuge System Administration Act of 1966 (16 
        U.S.C. 668dd et seq.).
            (2) The identification of any land described in section 
        4(e) that could be made available for transportation purposes.
            (3) The potential for leasing any land in Rocky Flats for 
        the National Renewable Energy Laboratory to carry out projects 
        relating to the National Wind Technology Center.
            (4) The characteristics and configuration of any perimeter 
        fencing that may be appropriate or compatible for cleanup and 
        closure, refuge, or other purposes.
            (5) The feasibility of locating, and the potential location 
        for, a visitor and education center at the refuge.
            (6) The establishment of a Rocky Flats museum described in 
        section 10.
            (7) Any other issues relating to Rocky Flats.
    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of the Interior shall submit to the Committee 
on Armed Services of the Senate and the appropriate committee of the 
House of Representatives a report that--
            (1) outlines the conclusions reached through the public 
        involvement process; and
            (2) to the extent that any input or recommendation from the 
        public involvement process is not accepted, clearly states the 
        reasons why the input or recommendation is not accepted.

SEC. 9. PROPERTY RIGHTS.

    (a) In General.--Except as provided in subsection (c), nothing in 
this Act limits any valid, existing property right at Rocky Flats that 
is owned by any person or entity, including, but not limited to--
            (1) any mineral right;
            (2) any water right or related easement; and
            (3) any facility or right-of-way for a utility.
    (b) Access.--Except as provided in subsection (c), nothing in this 
Act affects any right of an owner of a property right described in 
subsection (a) to access the owner's property.
    (c) Reasonable Conditions.--
            (1) In general.--The Secretary or the Secretary of the 
        Interior may impose such reasonable conditions on access to 
        property rights described in subsection (a) as are appropriate 
        for the cleanup and closure of Rocky Flats and for the 
        management of the refuge.
            (2) No effect on applicable law.--Nothing in this Act 
        affects any other applicable Federal, State, or local law 
        (including any regulation) relating to the use, development, 
        and management of property rights described in subsection (a).
            (3) No effect on access rights.--Nothing in this subsection 
        precludes the exercise of any access right, in existence on the 
        date of enactment of this Act, that is necessary to perfect or 
        maintain a water right in existence on that date.
    (d) Purchase of Mineral Rights.--
            (1) In general.--The Secretary shall seek to acquire any 
        and all mineral rights at Rocky Flats through donation or 
        through purchase or exchange from willing sellers for fair 
        market value.
            (2) Funding.--The Secretary and the Secretary of the 
        Interior--
                    (A) may use for the purchase of mineral rights 
                under paragraph (1) funds specifically provided by 
                Congress; but
                    (B) shall not use for such purchase funds 
                appropriated by Congress for the cleanup and closure of 
                Rocky Flats.
    (e) Utility Extension.--
            (1) In general.--The Secretary or the Secretary of the 
        Interior may allow not more than 1 extension from an existing 
        utility right-of-way on Rocky Flats, if necessary.
            (2) Conditions.--An extension under paragraph (1) shall be 
        subject to the conditions specified in subsection (c).

SEC. 10. ROCKY FLATS MUSEUM.

    (a) Museum.--In order to commemorate the contribution that Rocky 
Flats and its worker force provided to the winning of the Cold War and 
the impact that the contribution has had on the nearby communities and 
the State of Colorado, the Secretary may establish a Rocky Flats 
Museum.
    (b) Location.--The Rocky Flats Museum shall be located in the city 
of Arvada, Colorado, unless, after consultation under subsection (c), 
the Secretary determines otherwise.
    (c) Consultation.--The Secretary shall consult with the city of 
Arvada, other local communities, and the Colorado State Historical 
Society on--
            (1) the development of the museum;
            (2) the siting of the museum; and
            (3) any other issues relating to the development and 
        construction of the museum.
    (d) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary, in coordination with the city of Arvada, shall 
submit to the Committee on Armed Services of the Senate and the 
appropriate committee of the House of Representatives a report on the 
costs associated with the construction of the museum and any other 
issues relating to the development and construction of the museum.

SEC. 11. REPORT ON FUNDING.

    At the time of submission of the first budget of the United States 
Government submitted by the President under section 1105 of title 31, 
United States Code, after the date of enactment of this Act, and 
annually thereafter, the Secretary and the Secretary of the Interior 
shall report to the Committee on Armed Services and the Committee on 
Appropriations of the Senate and the appropriate committees of the 
House of Representatives on--
            (1) the costs incurred in implementing this Act during the 
        preceding fiscal year; and
            (2) the funds required to implement this Act during the 
        current and subsequent fiscal years.
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