I 
109TH CONGRESS 
1ST SESSION H. R. 4181 
To authorize the acquisition of certain mineral rights in Colorado, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 28, 2005 
Mr. UDALL of Colorado introduced the following bill; which was referred to 
the Committee on Resources 
A BILL 
To authorize the acquisition of certain mineral rights 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, 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, lo-
cated in Colorado, will be transferred to the Depart-
ment 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 national 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 additional methods for completion of the acqui-
sition. 
(c) PURPOSE.—The purpose of this Act is to author-
ize and facilitate acquisition of mineral and other rights 
associated with the Rocky Flats site. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) MINERAL
RIGHTS.—The term ‘‘mineral 
rights’’ means the right, title, and interest of parties 
other than the United States with respect to min-
erals located within the boundary of the Rocky Flats 
National Wildlife Refuge.
(2) FAIR
MARKET
VALUE.—The term ‘‘fair 
market value’’ means the value of a mineral right, 
as determined by an appraisal performed by an inde-
pendent, certified mineral appraiser under the Uni-
form Standards of Professional Appraisal Practice. 
(3) 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). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(5) 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)).
(6) 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’’. 
(7) ROCKY
FLATS
NATIONAL
WILDLIFE
REF-
UGE.—The term ‘‘Rocky Flats National Wildlife 
Refuge’’ has the same meaning as in the Rocky 
Flats National Wildlife Refuge Act (subtitle F of 
Public Law 107–107). 
SEC. 3. PURCHASE OF MINERAL RIGHTS. 
(a) PURCHASE OF MINERAL RIGHTS.— 
(1) IN GENERAL.—The Secretary may purchase 
mineral rights. 
(2) CONDITIONS.—The Secretary shall not pur-
chase a mineral right under paragraph (1) unless— 
(A) the owner of the mineral right is a 
willing seller; and 
(B) the Secretary purchases the mineral 
right at fair market value. 
(b) CONSULTATION
REGARDING
PRIORITY.—The 
Secretary shall consult with the Secretary of the Interior 
in order to identify which purchases of mineral rights 
should have the highest priority. 
(c) RETENTION OF MINERALS.—Mineral rights pur-
chased under this Act shall be retained by the United
States, and are hereby withdrawn from disposal under the 
mining and mineral leasing laws of the United States. 
SEC. 4. FUNDING AND RELEASE FROM LIABILITY. 
(a) FUNDING.—For the purpose of purchasing min-
eral rights under this Act, the Secretary may use— 
(1) of the amounts appropriated to the Sec-
retary for the Rocky Flats Environmental Tech-
nology Site during fiscal year 2006, $10,000,000; 
and 
(2) any other funds appropriated for such pur-
pose. 
(b) RELEASE FROM LIABILITY.—Notwithstanding 
any other law, any natural resource damage liability claim 
shall be considered to be satisfied by— 
(1) the purchase by the Secretary of mineral 
rights for consideration in an amount equal to 
$10,000,000; 
(2) the payment by the Secretary to the Trust-
ees of $10,000,000; or 
(3) the purchase by the Secretary of any por-
tion of mineral rights for— 
(A) consideration in an amount less than 
$10,000,000; and 
(B) a payment by the Secretary to the 
Trustees of an amount equal to the difference
between $10,000,000 and the amount paid 
under subparagraph (A). 
(c) USE OF FUNDS.— 
(1) IN GENERAL.—Any amounts received by the 
Trustees under subsection (b) shall be used by the 
Trustees for the purposes described in section 
107(f)(1) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9607(f)(1)), including— 
(A) the purchase of any additional Rocky 
Flats mineral rights that were not purchased by 
the Secretary under this subsection; and 
(B) the development of habitat restoration 
projects at Rocky Flats. 
(2) CONDITION.—Any expenditure of funds 
under this paragraph shall be made jointly by the 
Trustees. 
(3) ADDITIONAL
FUNDS.—The Trustees may 
use the funds received under subsection (b)(3) in 
conjunction with other private and public funds. 
SEC. 5. TRANSFER OF MANAGEMENT RESPONSIBILITIES 
FOR LANDS CONTAINING ROCKY FLATS MIN-
ERALS. 
Notwithstanding the Rocky Flats National Wildlife 
Refuge Act (16 U.S.C. 668dd note; Public Law 107–107),
administrative jurisdiction over lands in Rocky Flats 
where active development of mineral rights is occurring 
shall remain with the Secretary and shall not be trans-
ferred to the Secretary of the Interior until such time as 
mining has terminated and the lands have been reclaimed 
by the mineral rights holders in accordance with require-
ments established by the State of Colorado. 
SEC. 6. ADDITIONAL AUTHORITY TO ACQUIRE MINERAL IN-
TERESTS. 
Section 3174 of Public Law 107–107 (115 Stat. 
1381) is amended by adding at the end the following: 
‘‘(g) ACQUISITION OF MINERAL INTERESTS AND IN-
TERESTS IN LANDS OR WATERS.— 
‘‘(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 Rocky Flats 
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 shall expire 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 Rocky 
Flats that is acquired by the United States in 
an exchange under that section. 
‘‘(B) LIMITATIONS.— 
‘‘(i) SUITABILITY
FOR
DISPOSAL.— 
Nothing in this subsection shall be con-
strued as authorizing disposal of any pub-
lic land or interest therein that has not 
been identified as suitable for disposal pur-
suant to section 203 of the Federal Land 
Policy and Management Act of 1976 (43 
U.S.C. 1713). 
‘‘(ii) 
LANDS
OUTSIDE
EXTERIOR 
BOUNDARIES.—No 
lands 
(or 
interests 
therein) located outside the exterior bound-
aries of Rocky Flats may be acquired by 
the Federal Government for the purposes 
of this subtitle except with the consent of 
the owner thereof. 
‘‘(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 
Rocky Flats.’’. 
SEC. 7. EXEMPTION. 
No acquisition of mineral rights under this Act shall 
be considered to constitute a major Federal action signifi-
cantly affecting the quality of the human environment for
purposes of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
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