I 
109TH CONGRESS 
1ST SESSION H. R. 3978 
To authorize the Secretary of Energy to purchase certain essential mineral 
rights and resolve natural resource damage liability claims. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 6, 2005 
Mr. BEAUPREZ introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To authorize the Secretary of Energy to purchase certain 
essential mineral rights and resolve natural resource 
damage liability claims. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY 
SITE. 
(a) DEFINITIONS.—In this Act: 
(1) ESSENTIAL
MINERAL
RIGHT.—The term 
‘‘essential mineral right’’ means a right to mine 
sand and gravel at Rocky Flats, as depicted on the 
map.
(2) FAIR
MARKET
VALUE.—The term ‘‘fair 
market value’’ means the value of an essential min-
eral right, as determined by an appraisal performed 
by an independent, certified mineral appraiser under 
the Uniform Standards of Professional Appraisal 
Practice. 
(3) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Rocky Flats National Wildlife Refuge’’, dated 
July 25, 2005, and available for inspection in appro-
priate offices of the United States Fish and Wildlife 
Service and the Department of Energy. 
(4) NATURAL
RESOURCE
DAMAGE
LIABILITY 
CLAIM.—The term ‘‘natural resource damage liabil-
ity claim’’ means a natural resource damage liability 
claim under subsections (a)(4)(C) and (f) of section 
107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9607) arising from hazardous substances releases at 
or from Rocky Flats that, as of the date of enact-
ment of this Act, are identified in the administrative 
record for Rocky Flats required by the National Oil 
and Hazardous Substances Pollution Contingency 
Plan prepared under section 105 of that Act (42 
U.S.C. 9605).
(5) ROCKY FLATS.—The term ‘‘Rocky Flats’’ 
means the Department of Energy facility in the 
State of Colorado known as the ‘‘Rocky Flats Envi-
ronmental Technology Site’’. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(7) TRUSTEES.—The term ‘‘Trustees’’ means 
the Federal and State officials designated as trust-
ees under section 107(f)(2) of the Comprehensive 
Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9607(f)(2)). 
(b) PURCHASE OF ESSENTIAL MINERAL RIGHTS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, such amounts au-
thorized to be appropriated under subsection (c) 
shall be available to the Secretary to purchase essen-
tial mineral rights at Rocky Flats. 
(2) CONDITIONS.—The Secretary shall not pur-
chase an essential mineral right under paragraph (1) 
unless— 
(A) the owner of the essential mineral 
right is a willing seller; and 
(B) the Secretary purchases the essential 
mineral right for an amount that does not ex-
ceed fair market value.
(3) LIMITATION.—Only those funds authorized 
to be appropriated under subsection (c) shall be 
available for the Secretary to purchase essential 
mineral rights under paragraph (1). 
(4) 
RELEASE
FROM
LIABILITY.—Notwith-
standing any other law, any natural resource dam-
age liability claim shall be considered to be satisfied 
by— 
(A) the purchase by the Secretary of essen-
tial mineral rights under paragraph (1) for con-
sideration in an amount equal to $10,000,000; 
(B) the payment by the Secretary to the 
Trustees of $10,000,000; or 
(C) the purchase by the Secretary of any 
portion of the mineral rights under paragraph 
(1) for— 
(i) consideration in an amount less 
than $10,000,000; and 
(ii) a payment by the Secretary to the 
Trustees of an amount equal to the dif-
ference between— 
(I) $10,000,000; and 
(II) the amount paid under 
clause (i). 
(5) USE OF FUNDS.—
(A) IN GENERAL.—Any amounts received 
under paragraph (4) shall be used by the Trust-
ees for the purposes described in section 
107(f)(1) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9607(f)(1)), including— 
(i) the purchase of additional mineral 
rights at Rocky Flats; and 
(ii) the development of habitat res-
toration projects at Rocky Flats. 
(B) 
CONDITION.—Any 
expenditure 
of 
funds under this paragraph shall be made joint-
ly by the Trustees. 
(C) ADDITIONAL
FUNDS.—The Trustees 
may use the funds received under paragraph 
(4) in conjunction with other private and public 
funds. 
(6) EXEMPTION
FROM
NATIONAL
ENVIRON-
MENTAL
POLICY
ACT.—Any purchases of mineral 
rights under this subsection shall be exempt from 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(7) ROCKY
FLATS
NATIONAL
WILDLIFE
REF-
UGE.—
(A) TRANSFER OF MANAGEMENT RESPON-
SIBILITIES.—The Rocky Flats National Wildlife 
Refuge Act of 2001 (16 U.S.C. 668dd note; 
Public Law 107–107) is amended— 
(i) in section 3175— 
(I) by striking subsections (b) 
and (f); and 
(II) by redesignating subsections 
(c), (d), and (e) as subsections (b), 
(c), and (d), respectively; and 
(ii) in section 3176(a)(1), by striking 
‘‘section 3175(d)’’ and inserting ‘‘section 
3175(c)’’. 
(B) BOUNDARIES.—Section 3177 of the 
Rocky Flats National Wildlife Refuge Act of 
2001 (16 U.S.C. 668dd note; Public Law 107– 
107) is amended by striking subsection (c) and 
inserting the following: 
‘‘(c) COMPOSITION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the refuge shall consist of land within the 
boundaries of Rocky Flats, as depicted on the 
map— 
‘‘(A) entitled ‘Rocky Flats National Wild-
life Refuge’;
‘‘(B) dated July 25, 2005; and 
‘‘(C) available for inspection in the appro-
priate offices of the United States Fish and 
Wildlife Service and the Department of Energy. 
‘‘(2) EXCLUSIONS.—The refuge does not in-
clude— 
‘‘(A) any land retained by the Department 
of Energy for response actions under section 
3175(c); 
‘‘(B) any land depicted on the map de-
scribed in paragraph (1) that is subject to 1 or 
more essential mineral rights described in sec-
tion 3114(a) of the National Defense Author-
ization Act for Fiscal Year 2006 over which the 
Secretary shall retain jurisdiction of the surface 
estate until the essential mineral rights— 
‘‘(i) are purchased under subsection 
(b) of that Act; or 
‘‘(ii) are mined and reclaimed by the 
mineral rights holders in accordance with 
requirements established by the State of 
Colorado; and 
‘‘(C) the land depicted on the map de-
scribed in paragraph (1) on which essential 
mineral rights are being actively mined as of
the date of enactment of this subparagraph 
until— 
‘‘(i) the essential mineral rights are 
purchased; or 
‘‘(ii) the surface estate is reclaimed by 
the mineral rights holder in accordance 
with requirements established by the State 
of Colorado. 
‘‘(3) ACQUISITION OF ADDITIONAL LAND.—Not-
withstanding paragraph (2), upon the purchase of 
the mineral rights or reclamation of the land de-
picted on the map described in paragraph (1), the 
Secretary shall— 
‘‘(A) transfer the land to the Secretary of 
the Interior for inclusion in the refuge; and 
‘‘(B) the Secretary of the Interior shall— 
‘‘(i) accept the transfer of the land; 
and 
‘‘(ii) manage the land as part of the 
refuge.’’. 
(c) FUNDING.—Of the amounts authorized to be ap-
propriated to the Secretary for the Rocky Flats Environ-
mental Technology Site for fiscal year 2006, $10,000,000
shall be made available to the Secretary for the purposes 
described in subsection (b). 
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