I 
108TH CONGRESS 
1ST SESSION H. R. 2653
To facilitate acquisition by the Secretary of the Interior of certain mineral 
rights, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2003
Mr. UDALL of Colorado introduced the following bill; which was referred to 
the Committee on Resources 
A BILL 
To facilitate acquisition by the Secretary of the Interior 
of certain mineral rights, 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, FINDINGS, AND PURPOSE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Rocky Flats Minerals Acquisition Act’’. 
(b) FINDINGS.—The Congress finds the following: 
(1) Pursuant to the Rocky Flats Wildlife Ref-
uge Act of 2001 (Subtitle F of Public Law 107–
107), upon completion of its cleanup and closure, 
the Rocky Flats Environmental Technology Site, in
Colorado, will be transferred to the Department of 
the Interior and managed as a unit of the National 
Wildlife Refuge System. 
(2) Acquisition by the United States of certain 
mineral rights associated with Rocky Flats is desir-
able in order to—
(A) further sound management of the site 
as a wildlife refuge; and 
(B) reduce the long-term responsibility of 
the Department of Energy. 
(3) The likelihood of acquiring such rights will 
be increased by providing the Secretary of the Inte-
rior with additional methods for completion of the 
acquisition. 
(c) PURPOSE.—The purpose of this Act is to facili-
tate acquisition of mineral and other rights associated 
with the Rocky Flats sites by authorizing the Secretary 
of the Interior to convey to the owners of such rights mon-
etary credits or interests in certain public lands, instead 
of or in addition to making cash payments for such rights. 
SEC. 2. AUTHORITY TO ACQUIRE MINERAL INTERESTS. 
Section 3174 of Public Law 107–107 (115 Stat. 
1381) is amended by adding at the end the following: 
‘‘(g) ACQUISITION OF MINERAL RIGHTS.—
‘‘(1) IN GENERAL.—The Secretary of the Inte-
rior may acquire mineral interests, including inter-
ests in sand and gravel, and any other non-Federal 
interests in lands or waters, within the Rocky Flats 
National Wildlife Refuge by—
‘‘(A) purchase with funds available to the 
Secretary for such purpose; 
‘‘(B) exchange under section 206 of the 
Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1716); 
‘‘(C) issuance of credits in an amount 
equal to some or all of the market value of the 
mineral or other interests acquired, with the 
concurrence of the person transferring such in-
terests to the United States; or 
‘‘(D) any combination of the means de-
scribed in subparagraphs (A), (B), and (C). 
‘‘(2) DEFINITION OF CREDITS.—For purposes 
of this subsection, the term ‘credits’ means appro-
priate legal instruments or other written documenta-
tion, or an entry in an account managed by the Sec-
retary of the Interior, that can be used in lieu of any 
other monetary payment—
‘‘(A) for bonus bids for lease sales on the 
Outer Continental Shelf; or
‘‘(B) for royalty due on oil or gas produc-
tion under any lease of an area located on the 
Outer Continental Shelf outside the zone de-
scribed in section 8(g)(2) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(g)(2)). 
‘‘(3) TRANSFERABILITY
OF
CREDITS.—Any 
credits issued under this subsection shall be freely 
transferable to any other person, if the transferor 
notifies the Secretary of the Interior of the transfer 
by such method as the Secretary may specify. 
‘‘(4) EXPIRATION.—Any credits issued under 
this subsection must be used within 10 years after 
the date on which they are issued.
‘‘(5) ACQUISITION THROUGH EXCHANGE.—
‘‘(A) SAME-STATE RESTRICTION NOT AP-
PLICABLE.—The requirement under section 
206(b) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1716(b)) that 
lands or interests exchanged under that section 
must be located in the same State shall not 
apply to land (or an interest in land) in the 
Rocky Flats National Wildlife Refuge that is 
acquired by the United States in an exchange 
under that section.
‘‘(B) LIMITATION.—Nothing in this sub-
section shall be construed as authorizing dis-
posal of any public land or interest therein that 
has not been identified as suitable for disposal 
pursuant to section 203 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1713). 
‘‘(6) MANAGEMENT
OF
ACQUIRED
INTER-
ESTS.—Any interests acquired by the United States 
under this subsection shall be managed by the Sec-
retary of the Interior under the standards that apply 
to the Rocky Flats National Wildlife Refuge. No 
minerals acquired under this subsection shall be sub-
ject to development or disposal by the United States 
or any other party under any law related to minerals 
owned by the United States. 
‘‘(7) RELATION TO OTHER AUTHORITY.—The 
authorities provided to the Secretary of the Interior 
by this subsection are in addition to any other au-
thority available to the Secretary with regard to ac-
quisition of non-Federal interests located within the 
Rocky Flats National Wildlife Refuge.’’.
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