I
106TH CONGRESS
2D SESSION
H. R. 5264
To establish the Rocky Flats National Wildlife Refuge in Colorado, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 2000
Mr. UDALL of Colorado (for himself, Ms. DEGETTE, Mr. TANCREDO, Mr.
SCHAFFER, Mr. HEFLEY, and Mr. MCINNIS) introduced the following
bill; which was referred to the Committee on Resources, and in addition
to the Committee on Commerce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To establish the Rocky Flats National Wildlife Refuge in
Colorado, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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.—The Congress finds the following:
(1) The Federal Government, through the
Atomic Energy Commission, acquired Rocky Flats in
1951 and began operations there in 1952. The site
remains a Department of Energy facility. Since
1992, the mission of Rocky Flats has changed from
the production of nuclear weapons components to
cleanup and closure in a manner that is safe, envi-
ronmentally and socially responsible, physically se-
cure, and cost-effective.
(2) The site has generally remained undisturbed
since its acquisition by the Federal Government.
(3) The State of Colorado is experiencing in-
creasing growth and development, especially in the
metropolitan Denver Front Range area in the vicin-
ity of Rocky Flats. This growth and development re-
duces the amount of open space and thereby dimin-
ishes for many metropolitan Denver communities the
vistas of the striking Front Range mountain back-
drop.
(4) Some areas of the site currently 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 its
value for open space and wildlife habitat.
(5) Rocky Flats provides habitat for many wild-
life species, including a number of threatened species
and endangered species, and is marked by the pres-
ence of rare xeric tallgrass prairie plant commu-
nities. Establishing the site as a unit of the National
Wildlife Refuge System will promote the preserva-
tion and enhancement of these resources for present
and future generations.
(b) PURPOSE.—The purpose of this Act is to provide
for the establishment of Rocky Flats 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 undertaken at
Rocky Flats by the Department of Energy under the
1996 Rocky Flats Cleanup Agreement, the closure
plans and baselines, and any other relevant docu-
ments or requirements.
(2) COALITION.—The term ‘‘Coalition’’ means
the Rocky Flats Coalition of Local Governments es-
tablished 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;
(G) Jefferson County, Colorado.
(3) HAZARDOUS SUBSTANCE.—The term ‘‘haz-
ardous substance’’ has the meaning given the term
under section 101 of the Comprehensive Environ-
mental 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 under section 101 of the Comprehensive
Environmental Response, Compensation, and Liabil-
ity 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’’
under section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601) or any other similar pro-
vision under State law.
(7) RFCA.—The term ‘‘RFCA’’ means the
Rocky Flats Cleanup Agreement, an intergovern-
mental 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 the Rocky Flats under section
107(f)(2) of the Comprehensive, Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9607(f)(1)).
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Energy.
SEC. 4. FUTURE OWNERSHIP AND MANAGEMENT.
(a) FEDERAL OWNERSHIP.—Unless the Congress
provides otherwise in an Act enacted after the date of the
enactment of this Act, all right, title, and interest of the
United States, held on or acquired after the date of the
enactment of this Act, to lands 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 pre-
served and maintained in accordance with the National
Historic Preservation Act (16 U.S.C. 470 et seq.).
(c) PROHIBITION AGAINST ANNEXATION.—The Sec-
retary of the Interior shall not allow the annexation of
land within the refuge by any unit of local government.
(d) PROHIBITION AGAINST THROUGH ROADS.—Ex-
cept 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 submis-
sion of an application meeting each of the con-
ditions 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 transpor-
tation 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 ease-
ment 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 compat-
ible 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 for the
Denver metropolitan area designated under 49
U.S.C. 5303 et seq.
SEC. 5. TRANSFER OF MANAGEMENT RESPONSIBILITIES
AND JURISDICTION OVER ROCKY FLATS.
(a) IN GENERAL.—
(1) MEMORANDUM
OF
UNDERSTANDING.—No
later than one year after the date of enactment of
this Act, the Secretary and the Secretary of the In-
terior shall publish in the Federal Register a draft
Memorandum of Understanding under which the
Secretary shall transfer to the Secretary of the Inte-
rior administrative jurisdiction over Rocky Flats.
This memorandum of understanding shall provide
for the timing of the transfer, the division of respon-
sibilities between the Secretary and the Secretary of
the Interior for the period ending on the date of the
transfer, and an appropriate allocation of costs and
personnel to the Secretary of the Interior, except
that the Memorandum of Understanding shall not
result in any reduction in funds available to the Sec-
retary for cleanup and closure of Rocky Flats. No
later than 18 months after the date of enactment of
this Act, the Secretary and Secretary of the Interior
shall finalize and implement this memorandum of
understanding.
(2) EXCLUSIONS.—The transfer under para-
graph (1) shall not include any property or facility
over which the Secretary retains jurisdiction, author-
ity, and control under subsection (b)(1).
(3) CONDITION.—The transfer under paragraph
(1) shall occur no later than 10 business days fol-
lowing the signing by the Environmental Protection
Agency’s Regional Administrator for Region VIII 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 prop-
erty and facilities at Rocky Flats that are to be used
for—
(A) any necessary and appropriate long-
term operation and maintenance facilities to
intercept, treat, and control a hazardous sub-
stance, pollutant, radionuclide, or other con-
taminants; or
(B) any other purpose related to a re-
sponse action or any other action that is re-
quired to be carried out at Rocky Flats.
(2) CONSULTATION.—The Secretary shall con-
sult with the Environmental Protection Agency and
the State of Colorado on the identification and man-
agement of all property to be retained under this
subsection to ensure the continuing effectiveness of
response actions. The Secretary shall consult with
the Secretary of the Interior on the management of
the retained property to minimize any conflict be-
tween management of property transferred to the
Secretary of the Interior and that retained by the
Secretary for response actions. However, in the case
of any such conflict, implementation and mainte-
nance 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 may be reasonably re-
quired to carry out any obligation or address any
other liability.
(c) ADMINISTRATION.—
(1) IN GENERAL.—On completion of the trans-
fer under subsection (a), the Secretary of the Inte-
rior 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 Com-
prehensive Environmental Response, Compensa-
tion, 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 case of any conflict between
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 under the Comprehensive
Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.), or any
other applicable provision of law for land transferred
under subsection (a).
SEC. 6. CONTINUATION OF ENVIRONMENTAL CLEANUP
AND CLOSURE.
(a) ONGOING CLEANUP AND CLOSURE.—The Sec-
retary shall continue to carry out to completion cleanup
and closure at Rocky Flats. Nothing in this Act, and no
actions taken under this Act, shall be construed to restrict
the Secretary from employing new cleanup technologies
that may become available.
(b) RULES OF CONSTRUCTION.—
(1) OBLIGATIONS, LIABILITY, AND RFCA, GEN-
ERALLY.—Nothing in this Act, and no action taken
under this Act, shall relieve the Secretary, the Ad-
ministrator of the Environmental Protection Agency,
or any other person from any obligation or other li-