I
107TH CONGRESS
1ST SESSION
H. R. 812
To establish the Rocky Flats National Wildlife Refuge in Colorado, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 2001
Mr. UDALL of Colorado (for himself, Mr. HEFLEY, Ms. DEGETTE, Mr.
TANCREDO, and Mr. SCHAFFER) introduced the following bill; which was
referred to the Committee on Resources, and in addition, to the Com-
mittee on Energy and 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 2001’’.
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 shall 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 300 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 con-
structed so as to minimize adverse impacts on
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 sooner than the signing by the
Environmental Protection Agency’s Regional Admin-
istrator for Region VIII of the Final On-site Record
of Decision for Rocky Flats and no later than 10
business days after such signing.
(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.—
plementation and maintenance of the response ac-
tion 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-
ability with respect to Rocky Flats under the RFCA
or any applicable Federal or State law. Nothing in
this Act impairs or alters any provision of the
RFCA.
(2) DEGREE OF CLEANUP.—Except as provided
in paragraph (3), nothing in this Act shall be con-
strued to affect the degree of cleanup and closure at
Rocky Flats required under the RFCA or any Fed-
eral or State law.
(3) LEVEL
OF
CLEANUP.—(A) The require-
ments of this Act for establishment and manage-
ment of Rocky Flats as a national wildlife refuge
shall not affect the level of cleanup and closure.
(B) The Secretary is required to conduct clean-
up and closure of Rocky Flats to the levels hereafter
established for soil, water, and other media following
a thorough review by the parties to the RFCA and
the public (including the United States Fish and
Wildlife Service and other interested government
agencies) of the appropriateness of the interim levels
in the RFCA.
(4) FEDERAL OBLIGATION TO CONTROL CON-
TAMINATION.—Nothing in this Act, and no actions
taken under this Act, shall affect any long-term obli-
gation of the United States for funding, construc-
tion, monitoring, or operation and maintenance of
any necessary and appropriate intercept and treat-
ment facilities or any other measures to control con-
tamination.
(c) PAYMENT OF RESPONSE ACTION COSTS.—Noth-
ing in this Act affects the obligation of a Federal depart-
ment or agency that had or has operations at Rocky Flats
resulting in the release or threatened release of a haz-
ardous substance, pollutant, or contaminant to pay the
costs of response actions carried out to abate the release
of, or clean up, the hazardous substance, pollutant, or con-
taminant.
(d) CONSULTATION.—In carrying out a response ac-
tion at Rocky Flats, the Secretary shall consult with the
Secretary of the Interior to ensure that the response ac-
tion is carried out in a manner that, while not impairing
attainment of the purpose of the response action, mini-
mizes to the extent practicable, adverse impacts on the
refuge.
SEC. 7. ROCKY FLATS NATIONAL WILDLIFE REFUGE.
(a) ESTABLISHMENT.—Not later than 30 days after
the transfer of jurisdiction under section 5(a)(3), the Sec-
retary of the Interior shall establish at Rocky Flats a na-
tional wildlife refuge to be known as the ‘‘Rocky Flats Na-
tional Wildlife Refuge’’.
(b) COMPOSITION.—The refuge shall consist of the
real property transferred under section 5(a)(1).
(c) NOTICE.—The Secretary of the Interior shall pub-
lish in the Federal Register a notice of the establishment
of the refuge.
(d) ADMINISTRATION AND PURPOSES.—
(1) IN GENERAL.—The Secretary of the Inte-
rior shall manage the refuge in accordance with all
applicable provisions of law, including this Act and
the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.), including the
purposes specified in that Act.
(2) PURPOSES.—To the extent consistent with
applicable provisions of law, the refuge shall be man-
aged for the purposes of—
(A) restoring and preserving native eco-
systems;
(B) providing habitat for and population
management of native plants and migratory
and resident wildlife;
(C) conserving threatened species and en-
dangered species (including species that are
candidates for listing under the Endangered
Species Act of 1973);
(D) providing opportunities for compatible
environmental scientific research; and
(E) providing the public with opportunities
for compatible wildlife-dependent outdoor rec-
reational and educational activities.
SEC. 8. PUBLIC INVOLVEMENT.
(a) IN GENERAL.—
(1) ESTABLISHMENT OF PROCESS.—Not later
than 90 days after the date of enactment of this
Act, in developing plans for the management of fish
and wildlife and public use of the refuge, the Sec-
retary of the Interior, in consultation with the Sec-
retary, the members of the Coalition, the Governor
of the State of Colorado, and the Rocky Flats trust-
ees, shall establish a process for involvement of the
public and local communities to accomplish the pur-
poses and objectives of this section.
(2) OTHER PARTICIPANTS.—In addition to the
entities identified in paragraph (1), the public in-
volvement process shall include the opportunity for
direct involvement of entities not presently members
of the Coalition, including the Rocky Flats Citizens’
Advisory Board and the cities in Colorado of Thorn-
ton, Northglenn, Golden, Louisville, and Lafayette.
(3) DISSOLUTION OF THE COALITION.—In the
event that the Coalition dissolves, or any Coalition
member chooses to leave the Coalition during the
public involvement process outlined in this section,
the public involvement process under this section
shall continue and an opportunity shall be provided
to each entity comprising the Coalition on Sep-
tember 1, 2000, for direct involvement in the public-
participation process.
(4) PURPOSES.—The public involvement proc-
ess developed under paragraph (1) shall provide
input and make recommendations to the Secretary
and the Secretary of the Interior on the following:
(A) The long-term management of the ref-
uge consistent with the refuge purposes identi-
fied in section 7(d) of this Act and the National
Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.).
(B) The identification of any land referred
to in section 4(e) that could be made available
for transportation purposes.
(C) The potential for leasing any land on
Rocky Flats for the National Renewable Energy
Laboratory to carry out projects related to the
National Wind Technology Center.
(D) The characteristics and configuration
of any perimeter fencing that may be necessary,
appropriate or compatible for cleanup and clo-
sure, refuge, or other purposes.
(E) The feasibility of locating, and poten-
tial location for, a visitor and education center
at the refuge.
(F) The establishment of a Rocky Flats
museum described in section 10.
(G) Any other issues relevant to the site.
(5) REPORT.—Not later than 3 years after the
date of enactment of this Act, the Secretary of the
Interior shall submit to the Congress a report out-
lining the conclusions of the public involvement proc-
ess and, to the degree that any input or rec-
ommendations from the public involvement process
were not accepted, clearly stating the reasons for not
accepting such input or recommendations.
SEC. 9. PROPERTY RIGHTS.
(a) IN GENERAL.—Except as provided in subsection
(c), nothing in this Act limits any valid, existing property
rights at Rocky Flats which are owned by any party. Such
property rights include, but are not limited to—
(1) mineral rights;
(2) water rights and easements related thereto;
and
(3) facilities and rights-of-way for utilities.
(b) ACCESS.—Except as provided in subsection (c),
nothing in this Act shall affect any right of an owner of
property rights described in subsection (a) to access to the
owner’s property.
(c) REASONABLE CONDITIONS.—The Secretary or
Secretary of the Interior may impose such reasonable con-
ditions on access to the property rights referred to in this
section as may be necessary and appropriate for the clean-
up and closure of Rocky Flats and for the management
of the refuge. Nothing in this Act shall affect any other
applicable Federal, State, or local law or regulation related
to the use, development, and management of property
rights described in subsection (a). Nothing in this sub-
section shall preclude the exercise of any existing access
right necessary to perfect or maintain an existing water
right.
(d) PURCHASE
OF MINERAL RIGHTS.—The Sec-
retary shall seek to acquire any and all mineral rights at
Rocky Flats through donation or through purchase or ex-
change for fair market value from willing sellers. The Sec-
retary or the Secretary of the Interior is authorized to use
funds specifically provided by the Congress to acquire such
mineral rights, but no funds appropriated for cleanup and
closure of Rocky Flats may be used for such acquisition.
(e) UTILITY EXTENSION.—The Secretary or the Sec-
retary of the Interior may allow not more than one exten-
sion from an existing utility right-of-way on Rocky Flats,
if necessary. Such extension, if any, shall be subject to
the conditions in subsection (c).
(f) EASEMENT SURVEYS.—
(1) IN GENERAL.—Until the date that is 180
days after the date of enactment of this Act, any en-
tity that possesses any decreed water right or pre-
scriptive easement related to lands at Rocky Flats
shall be entitled to carry out such surveys at Rocky
Flats as may be necessary to perfect any such right
or easement.
(2) LIMITATION
ON
CONDITIONS.—Activities
pursuant to paragraph (1)—
(A) until the transfer of management re-
sponsibilities pursuant to section 5(a)(3), shall
be subject only to such conditions as the Sec-
retary of Energy may impose in order to mini-
mize interference with the cleanup and closure
of Rocky Flats; and
(B) after such transfer, shall be subject
only to such conditions as the Secretary of the
Interior may impose in order to minimize ad-
verse effects on management of the refuge.
SEC. 10. ROCKY FLATS MUSEUM.
(a) IN GENERAL.—In order to commemorate the con-
tribution that Rocky Flats and its worker force provided
to the winning of the cold war and the impact it has had
on the nearby communities and the State of Colorado, the
Secretary is authorized to establish a Rocky Flats Mu-
seum.
(b) LOCATION.—The Rocky Flats Museum to be es-
tablished under subsection (a) shall be located in the city
of Arvada, unless after compliance with subsection (c) the
Secretary determines otherwise.
(c) STUDY.—The Secretary shall consult with the city
of Arvada, other local communities, and the Colorado
State Historical Society on the development of the mu-
seum, its siting, and any other issues relevant to its devel-
opment and construction.
(d) REPORT.—Not later than 3 years after the date
of enactment of this Act, the Secretary, in coordination
with the city of Arvada, Colorado, shall submit a report
to the Congress regarding the costs associated with the
construction of the museum and any other relevant issues
to its construction and development.
SEC. 11. FUNDING.
Beginning at the time of submission of the first Pres-
idential budget proposal submitted under section 1105(a)
of title 31, United States Code, after the date of enact-
ment of this Act, the Secretary and the Secretary of the
Interior shall annually inform the Committee on Appro-
priations and the Committee on Resources of the House
of Representatives and appropriate Committees of the
Senate as to the costs incurred in implementing this Act
during the preceding fiscal year and the funds required
to implement this Act during the current and subsequent
fiscal years.
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