I 

109TH CONGRESS 

1ST SESSION S. 97

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2005

Referred to the Committee on Resources 

AN ACT

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’’.
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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 means the approximately 20 acres of previously 

withdrawn land located in the E1⁄2 NE1⁄4 SE1 5 ⁄4 of 

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

7 Big Horn County, Wyoming. 

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

9 the Secretary of the Interior. 

10 SEC. 3. AUTHORIZATION OF MINING AND REMOVAL OF 

11 BENTONITE. 

12 (a) IN GENERAL.—Notwithstanding the withdrawal 

13 of the covered land for military purposes, the Secretary 

14 may, with the consent of the Secretary of the Army, per15 mit the mining and removal of bentonite on the covered 

16 land. 

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

18 enter into a sole-source contract for the mining and re19 moval of the bentonite from the covered land that provides 

20 for the payment to the Secretary of $1.00 per ton of ben21 tonite removed from the covered land. 

22 (c) TERMS AND CONDITIONS.— 

23 (1) IN GENERAL.—Mining and removal of ben24 tonite under this Act shall be subject to such terms 

25 and conditions as the Secretary may prescribe for— 
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1 (A) the prevention of unnecessary or undue 

2 degradation of the covered land; and 

3 (B) the reclamation of the covered land 

4 after the bentonite is removed. 

5 (2) REQUIREMENTS.—The terms and condi6 tions prescribed under paragraph (1) shall be at 

7 least as protective of the covered land as the terms 

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

9 Case File WYW136110). 

10 (3) LAND USE PLAN.—In carrying out the pro11 visions of this Act, the Secretary is not required to 

12 amend any land use plan under section 202 of the 

13 Federal Land Policy and Management Act of 1976 

14 (43 U.S.C. 1712). 

15 (4) TERMINATION OF INTEREST.—On comple16 tion of the mining and reclamation authorized under 

17 this Act, any party that has entered into the sole18 source contract with the Secretary under subsection 

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

20 land. 

21 SEC. 4. CLOSURE. 

22 (a) IN GENERAL.—If the Secretary of the Army noti23 fies the Secretary that closure of the covered land is re24 quired because of a national emergency or for the purpose 
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1 of national defense or national security, the Secretary 

2 shall— 

3 (1) order the suspension of any activity author4 ized by this Act on the covered land; and 

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

6 the Army notifies the Secretary that the closure is 

7 no longer necessary. 

8 (b) LIABILITY.—Neither the Secretary nor the Sec9 retary of the Army shall be liable for damages from a clo10 sure of the covered land under subsection (a).

Passed the Senate July 26, 2005. 

Attest: EMILY J. REYNOLDS, 

Secretary.