II 

Calendar No. 675

108TH CONGRESS 

2D SESSION S. 203

[Report No. 108–319] 

To open certain withdrawn land in Big Horn County, Wyoming, to locatable 

mineral development for bentonite mining. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 22, 2003

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

the Committee on Energy and Natural Resources 

AUGUST 25, 2004

Reported under authority of the order of the Senate of July 22, 2004, by Mr. 

DOMENICI, with an amendment and an amendment to the title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

To open certain withdrawn land in Big Horn County, Wyoming, to locatable mineral development for bentonite 

mining.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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•S 203 RS 

1 SECTION 1. OPENING OF CERTAIN WITHDRAWN LAND IN 

2 WYOMING TO LOCATABLE MINERAL DEVEL3 OPMENT FOR BENTONITE MINING. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law and subject to subsection (c), the land de6 scribed in subsection (b) shall be open to locatable mineral 

7 development for bentonite mining. 

8 (b) COVERED LAND.—The land referred to in sub9 section (a) is approximately 40 acres of previously with10 drawn land located in Big Horn County, Wyoming, at the 

11 sixth principal meridian, T. 56 N., R. 95 W., Sec. 32. 

E1⁄2E1⁄2SE1 12 ⁄4, adjacent to Pit No. 144L covered by State 

13 of Wyoming Mining Permit No. 321C. 

14 (c) CLOSURE.—The Secretary of the Army may close 

15 the land opened by subsection (a) at any time if the Sec16 retary determines that the closure of the land is required 

17 by reason of a national emergency or for the purpose of 

18 national defense or security.

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Big Horn Bentonite 

21 Act’’. 

22 SEC. 2. DEFINITIONS. 

23 In this Act: 

24 (1) COVERED LAND.—The term ‘‘covered land’’ 

25 means the approximately 20 acres of previously withdrawn land located in the E1⁄2 NE1⁄4 SE1 26 ⁄4 of sec. 32, 
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•S 203 RS 

1 T. 56N., R. 95W., sixth principal meridian, Big 

2 Horn County, Wyoming. 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

5 SEC. 3. AUTHORIZATION OF MINING AND REMOVAL OF BEN6 TONITE. 

7 (a) IN GENERAL.—Notwithstanding the withdrawal of 

8 the covered land for military purposes, the Secretary may, 

9 with the consent of the Secretary of the Army, permit the 

10 mining and removal of bentonite on the covered land. 

11 (b) SOLE-SOURCE CONTRACT.—The Secretary shall 

12 enter into a sole-source contract for the mining and removal 

13 of the bentonite from the covered land that provides for the 

14 payment to the Secretary of $1.00 per ton of bentonite re15 moved from the covered land. 

16 (c) TERMS AND CONDITIONS.— 

17 (1) IN GENERAL.—Mining and removal of ben18 tonite under this Act shall be subject to such terms 

19 and conditions as the Secretary may prescribe for—

20 (A) the prevention of unnecessary or undue 

21 degradation of the covered land; and 

22 (B) the reclamation of the covered land 

23 after the bentonite is removed. 

24 (2) REQUIREMENTS.—The terms and conditions 

25 prescribed under paragraph (1) shall be at least as 
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•S 203 RS 

1 protective of the covered land as the terms and condi2 tions established for Pit No. 144L (BLM Case File 

3 WYW136110). 

4 (3) LAND USE PLAN.—In carrying out the provi5 sions of this Act, the Secretary is not required to 

6 amend any land use plan under section 202 of the 

7 Federal Land Policy and Management Act of 1976 

8 (43 U.S.C. 1712). 

9 (4) TERMINATION OF INTEREST.—On completion 

10 of the mining and reclamation authorized under this 

11 Act, any party that has entered into the sole-source 

12 contract with the Secretary under subsection (b) shall 

13 have no remaining interest in the covered land. 

14 SEC. 4. CLOSURE. 

15 (a) IN GENERAL.—If the Secretary of the Army noti16 fies the Secretary that closure of the covered land is required 

17 because of a national emergency or for the purpose of na18 tional defense or national security, the Secretary shall—

19 (1) order the suspension of any activity author20 ized by this Act on the covered land; and 

21 (2) close the covered land until the Secretary of 

22 the Army notifies the Secretary that the closure is no 

23 longer necessary. 
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•S 203 RS 

1 (b) LIABILITY.—Neither the Secretary nor the Sec2 retary of the Army shall be liable for damages from a clo3 sure of the covered land under subsection (a).

Amend the title so as to read: ‘‘A bill to provide for 

the sale of bentonite in Big Horn County, Wyoming.’’. 
Calendar No. 675

108TH CONGRESS 

2D SESSION S. 203

[Report No. 108–319] 

A BILL

To open certain withdrawn land in Big Horn Counfor bentonite mining. ty, Wyoming, to locatable mineral development 

AUGUST 25, 2004

Reported with an amendment and an amendment to the 

title