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Calendar No. 52 

109TH CONGRESS 

1ST SESSION S. 97 

[Report No. 109–37] 

To provide for the sale of bentonite in Big Horn County, Wyoming. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

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

the Committee on Energy and Natural Resources 

MARCH 14, 2005 

Reported by Mr. DOMENICI, without amendment 

A BILL 

To provide for the sale of bentonite in Big Horn County, 

Wyoming. 

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 ‘‘Big Horn Bentonite 

5 Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
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1 (1) COVERED LAND.—The term ‘‘covered land’’ 

2 means the approximately 20 acres of previously 

withdrawn land located in the E1⁄2 NE1⁄4 SE1 3 ⁄4 of 

4 sec. 32, T. 56N., R. 95W., sixth principal meridian, 

5 Big Horn County, Wyoming. 

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

7 the Secretary of the Interior. 

8 SEC. 3. AUTHORIZATION OF MINING AND REMOVAL OF 

9 BENTONITE. 

10 (a) IN GENERAL.—Notwithstanding the withdrawal 

11 of the covered land for military purposes, the Secretary 

12 may, with the consent of the Secretary of the Army, per13 mit the mining and removal of bentonite on the covered 

14 land. 

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

16 enter into a sole-source contract for the mining and re17 moval of the bentonite from the covered land that provides 

18 for the payment to the Secretary of $1.00 per ton of ben19 tonite removed from the covered land. 

20 (c) TERMS AND CONDITIONS.— 

21 (1) IN GENERAL.—Mining and removal of ben22 tonite under this Act shall be subject to such terms 

23 and conditions as the Secretary may prescribe for— 

24 (A) the prevention of unnecessary or undue 

25 degradation of the covered land; and 
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1 (B) the reclamation of the covered land 

2 after the bentonite is removed. 

3 (2) REQUIREMENTS.—The terms and condi4 tions prescribed under paragraph (1) shall be at 

5 least as protective of the covered land as the terms 

6 and conditions established for Pit No. 144L (BLM 

7 Case File WYW136110). 

8 (3) LAND USE PLAN.—In carrying out the pro9 visions of this Act, the Secretary is not required to 

10 amend any land use plan under section 202 of the 

11 Federal Land Policy and Management Act of 1976 

12 (43 U.S.C. 1712). 

13 (4) TERMINATION OF INTEREST.—On comple14 tion of the mining and reclamation authorized under 

15 this Act, any party that has entered into the sole16 source contract with the Secretary under subsection 

17 (b) shall have no remaining interest in the covered 

18 land. 

19 SEC. 4. CLOSURE. 

20 (a) IN GENERAL.—If the Secretary of the Army noti21 fies the Secretary that closure of the covered land is re22 quired because of a national emergency or for the purpose 

23 of national defense or national security, the Secretary 

24 shall— 
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1 (1) order the suspension of any activity author2 ized by this Act on the covered land; and 

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

4 the Army notifies the Secretary that the closure is 

5 no longer necessary. 

6 (b) LIABILITY.—Neither the Secretary nor the Sec7 retary of the Army shall be liable for damages from a clo8 sure of the covered land under subsection (a). 

Calendar No. 52 

109TH CONGRESS 

1ST SESSION S. 97 

[Report No. 109–37] 

A BILL 

To provide for the sale of bentonite in Big Horn 

County, Wyoming. 

MARCH 14, 2005 

Reported without amendment