I
106TH CONGRESS
1ST SESSION
H. R. 2179
To provide for the management as open space of certain lands at the Rocky
Flats Environmental Technology Site, Colorado, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 10, 1999
Mr. UDALL of Colorado introduced the following bill; which was referred to
the Committee on Resources, and in addition to the Committee on Com-
merce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To provide for the management as open space of certain
lands at the Rocky Flats Environmental Technology Site,
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 Open
Space Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) The Federal Government, through the
Atomic Energy Commission, acquired the Rocky
Flats site in 1951 and began operations there in
1952. Since 1992, the mission of the Rocky Flats
site has changed from the production of nuclear
weapons components to managing wastes and mate-
rials and cleaning up and converting the site to ben-
eficial uses in a manner that is safe, environmentally
and socially responsible, physically secure, and cost-
effective.
(2) The buffer zone has generally remained un-
disturbed since the acquisition of the Rocky Flats
site. The buffer zone possesses an impressive diver-
sity of plant and animal species and provides impor-
tant wildlife habitat for a number of threatened and
endangered species.
(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 the Rocky Flats site. This growth and develop-
ment reduces the amount of open space and thereby
diminishes for many metropolitan Denver commu-
nities the vistas of the striking Front Range moun-
tain backdrop.
(4) The national interest requires that the on-
going cleanup and closure of the Rocky Flats site be
completed 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.
(b) PURPOSE.—The purpose of this Act is to provide
for the management of the buffer zone at the Rocky Flats
site as open space and to establish a process for deter-
mining and implementing appropriate policies for the
management of the Rocky Flats site after the ongoing
cleanup and closure is completed.
SEC. 3. FUTURE OWNERSHIP AND MANAGEMENT.
(a) FEDERAL OWNERSHIP.—Unless Congress pro-
vides 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
the Rocky Flats site shall be retained by the United
States.
(b) OPEN
SPACE
MANAGEMENT
OF
BUFFER
ZONE.—(1) Except as provided in paragraph (2), the buff-
er zone shall be managed as open space.
(2) The structures that comprise the former Lindsay
Ranch homestead site within the Rock Creek Reserve area
of the buffer zone shall be preserved and maintained to
protect their historic significance and provide appropriate
enjoyment for visitors.
(c) MANAGEMENT
OF
INDUSTRIAL
AREA.—Sub-
section (b) shall not be construed to affect the manage-
ment of the industrial area or to preclude the management
of the industrial area as open space after cleanup and clo-
sure is completed.
SEC. 4. ROCKY FLATS OPEN SPACE ADVISORY COUNCIL.
(a) ESTABLISHMENT.—Not later than 90 days after
the date of enactment of this Act, the Secretary of Energy
shall establish a council to be known as the Rocky Flats
Open Space Advisory Council.
(b) PURPOSE.—The purpose of the Council shall be
to examine the options for long-term oversight and man-
agement of the Rocky Flats site and to make rec-
ommendations for such oversight and management.
(c) DUTIES.—The Council shall—
(1) identify the Federal, State, and local agen-
cies and other entities that could effectively manage
the buffer zone to protect its wildlife, wildlife habi-
tat, and open space resources;
(2) identify, with respect to the various portions
of the buffer zone, the management policies that
would be most appropriate, consistent with the pro-
tection of the wildlife, wildlife habitat, and open
space resources;
(3) make recommendations regarding the man-
agement of the buffer zone after completion of the
cleanup and closure, including the appropriate entity
or entities to carry out the management, the appro-
priate management policies, any appropriate imple-
menting legislation, and any other recommendations
that the Council considers appropriate; and
(4) make any recommendations regarding the
management of the industrial area that the Council
considers appropriate.
(d) COMPOSITION.—The Secretary shall ensure that
the membership of the Council includes representatives of
appropriate Federal, State, and local entities, including
the following:
(1) The offices of the Governor and the Attor-
ney General of the State of Colorado.
(2) The counties in Colorado of Jefferson and
Boulder.
(3) The cities in Colorado of Arvada, Boulder,
Broomfield, Westminster, Superior, Thornton, Gold-
en, and Northglenn.
(4) The Rocky Flats Citizens Advisory Board
and the Rocky Flats Coalition of Local Govern-
ments.
(5) The Department of Public Health and En-
vironment and the Department of Natural Resources
of the State of Colorado.
(6) The Department of Energy.
(7) The United States Fish and Wildlife Serv-
ice.
(8) The Environmental Protection Agency.
(e) CHAIRPERSON.—The Chairperson of the Council
shall be appointed by the Secretary and shall be a member
of the Council who is a representative of the Department
of Energy.
(f) PUBLIC INVOLVEMENT.—The Council shall be
subject to the Federal Advisory Committee Act (5 U.S.C.
App.). The Council’s deliberations shall be open to the
public, and the Council shall endeavor to seek out and pro-
vide opportunities for public input.
(g) REPORT.—Not later than 1 year after the estab-
lishment of the Council, the Council shall submit a report
to the Secretary, the Governor of the State of Colorado,
and the Congress. The report shall contain the identifica-
tions and recommendations of the Council under sub-
section (c).
(h) IMPLEMENTATION OF COUNCIL RECOMMENDA-
TIONS.—Subject to section 5(a) and any other provision
of Federal law, the Secretary may, after the submission
of the report by the Council under subsection (g), provide
for the management of the buffer zone in accordance with
the recommendations in that report.
SEC. 5. CONTINUATION OF ENVIRONMENTAL CLEANUP
AND CLOSURE.
(a) ONGOING CLEANUP AND CLOSURE.—The Sec-
retary shall continue to carry out to completion the clean-
up and closure activities at the Rocky Flats site, including
any such actions within the buffer zone that are necessary
under applicable requirements of Federal or State laws
and regulations.
(b) RULES OF CONSTRUCTION.—(1) Nothing in this
Act, and no action taken under this Act, shall relieve the
Secretary or any other person from any obligation or other
liability with respect to the Rocky Flats site under the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the
Colorado Hazardous Waste Act (Colo. Rev. Stat. 25–15–
301 et seq.), or any other applicable Federal or State law
or regulation.
Flats site, comprising approximately 6,000 acres, as
generally depicted on the Rocky Flats map.
(5) The term ‘‘industrial area’’ means the facili-
ties and structures on the Rocky Flats site that
comprise the former nuclear weapons production ac-
tivities, comprising approximately 385 acres, as gen-
erally depicted on the Rocky Flats map.
(6) The term ‘‘cleanup and closure’’ means the
remedial actions and decommissioning activities
being undertaken at the Rocky Flats site by the De-
partment of Energy under the 1996 Rocky Flats
Cleanup Agreement, the closure plans and baselines,
and any other relevant documents.
(7) The term ‘‘Secretary’’ means the Secretary
of Energy.
(8) The term ‘‘Council’’ means the Rocky Flats
Open Space Advisory Council.
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