II 

109TH CONGRESS 

1ST SESSION S. 97 

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 

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: 

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

9 means the approximately 20 acres of previously 

withdrawn land located in the E1⁄2 NE1⁄4 SE1 10 ⁄4 of 
2 

•S 97 IS

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

2 Big 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 

6 BENTONITE. 

7 (a) IN GENERAL.—Notwithstanding the withdrawal 

8 of the covered land for military purposes, the Secretary 

9 may, with the consent of the Secretary of the Army, per10 mit the mining and removal of bentonite on the covered 

11 land. 

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

13 enter into a sole-source contract for the mining and re14 moval of the bentonite from the covered land that provides 

15 for the payment to the Secretary of $1.00 per ton of ben16 tonite removed from the covered land. 

17 (c) TERMS AND CONDITIONS.— 

18 (1) IN GENERAL.—Mining and removal of ben19 tonite under this Act shall be subject to such terms 

20 and conditions as the Secretary may prescribe for— 

21 (A) the prevention of unnecessary or undue 

22 degradation of the covered land; and 

23 (B) the reclamation of the covered land 

24 after the bentonite is removed. 
3 

•S 97 IS

1 (2) REQUIREMENTS.—The terms and condi2 tions prescribed under paragraph (1) shall be at 

3 least as protective of the covered land as the terms 

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

5 Case File WYW136110). 

6 (3) LAND USE PLAN.—In carrying out the pro7 visions of this Act, the Secretary is not required to 

8 amend any land use plan under section 202 of the 

9 Federal Land Policy and Management Act of 1976 

10 (43 U.S.C. 1712). 

11 (4) TERMINATION OF INTEREST.—On comple12 tion of the mining and reclamation authorized under 

13 this Act, any party that has entered into the sole14 source contract with the Secretary under subsection 

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

16 land. 

17 SEC. 4. CLOSURE. 

18 (a) IN GENERAL.—If the Secretary of the Army noti19 fies the Secretary that closure of the covered land is re20 quired because of a national emergency or for the purpose 

21 of national defense or national security, the Secretary 

22 shall— 

23 (1) order the suspension of any activity author24 ized by this Act on the covered land; and 
4 

•S 97 IS

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

2 the Army notifies the Secretary that the closure is 

3 no longer necessary. 

4 (b) LIABILITY.—Neither the Secretary nor the Sec5 retary of the Army shall be liable for damages from a clo6 sure of the covered land under subsection (a). 

Æ