Rocky Mountain Arsenal National Wildlife Refuge Act of 1992
PL 102-402 (H.R.1435), enacted 10/09/1992

PUBLIC LAW 102-402—OCT. 9, 1992 
106 STAT. 1961 
Public Law 102-402 
102d Congress 
An Act 
To direct the Secretary of the Army to transfer jurisdiction over the Rocky Mountain 
Arsenal, Colorado, to the Secretary of the Interior. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND DEFINITIONS. 
(a) SHORT TITLE.—^This Act may be cited as the "Rocky Moun-
tain Arsenal National Wildlife Refuge Act of 1992". 
(b) DEFINITIONS.—For purposes of this Act: 
(1) The term "Arsenal means the Rocky Mountain Arsenal 
in the State of Colorado. 
(2) The term "refuge" means the Rocky Mountain Arsenal 
National Wildlife Refuge established pursuant to section 4(a). 
(3) The term "hazardous substance" has the meaning given 
such term by section 101(14) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601(14)). 
(4) The term "pollutant or contaminant" has the meaning 
given such term by section 101(33) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601(14)). 
(5) The term "response action" has the meaning given 
the term "response" by section 101(25) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601(25)). 
(6) The term "person" has the meaning given that term 
by section 101(21) of the Comprehensive 
Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9601(21)). 
SEC. 2. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURIS-
DICTION OVER THE ROCKY MOUNTAIN ARSENAL. 
(a) TRANSFER OF MANAGEMENT RESPONSIBILITIES.—(1) Not later 
than October 1, 1992, the Secretary of the Army and the Secretary 
of the Interior shall enter into a memorandum of understanding 
under which^— 
(A) the Secretary of the Army shall transfer to the Sec-
retary of the Interior, without reimoursement, all responsibility 
to manage for wildlife and public use purposes the real property 
comprising the Rocky Mountain Arsenal in the State of Colo-
rado, except the property and facilities required to be retained 
under subsection (c) or designated for disposal under section 
5; and 
(B) the Secretary of the Interior shall manage that real 
property as if it were a unit of the National Wildlife Refuge 
System established for the purposes provided in section 4. 
(2) The management of the property by the Secretary of the 
Interior shall be subject to (A) any response action at the Arsenal 
Oct. 9, 1992 
[H.R. 1435] 
Rocky Mountain 
Arsenal 
National 
Wildlife Refuge 
Act of 1992. 
Real property. 
16 u s e 668dd 
note. 
106 STAT. 1962 
PUBLIC LAW 102-402—OCT. 9, 1992 
carried out by or under the authority of the Secretary of the Army 
imder the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and other 
applicable provisions of law, and (B) any action required under 
any other statute to remediate petroleum products or their deriva-
tives (including motor oil and aviation fuel) carried out by or under 
the authority of the Secretary of the Army. In the case of any 
conflict between management of the property by the Secretary 
of the Interior and any such response action or other action, the 
response action or other action shall take priority. 
(b) TRANSFER OF JURISDICTION.—(1) Upon receipt of the certifi-
cation described in paragraph (2), the Secretary of the Army shall 
transfer to the Secretary of the Interior jurisdiction over the real 
property comprising the Arsenal, except the property and facilities 
required to be retained under subsection (c) or designated for dis-
posal under section 5. The transfer shall be made without cost 
to the Secretary of the Interior and shall include such improvements 
on the property as the Secretary of the Interior may request in 
writing for refuge management purposes. 
(2) The transfer of real property under paragraph (1) may 
occur only after the Administrator of the Environmental Protection 
Agency certifies to the Secretary of the Army that response action 
required at the Arsenal and any action required imder any other 
statute to remediate petroleum products or their derivatives (includ-
ing motor oil and aviation fuel) at the Arsenal have been completed, 
except operation and maintenance associated with those actions. 
(3) The exact acreage and legal description of the real property 
subject to transfer under paragraph (1) shall be determined by 
a survey mutually satisfactory to the Secretary of the Army and 
the Secretary of the Interior. The Secretary of the Army shall 
bear any costs related to the survey. 
(c) PROPERTY AND FACILITIES EXCLUDED FROM TRANSFERS.— 
(1) PROPERTY USED FOR ENVIRONMENTAL CLEANUP PUR-
POSES.—^The Secretary of the Army shall retain jurisdiction, 
authority, and control over all real property at the Arsenal 
to be used for water treatment; the treatment, storage, or 
disposal of hazardous substances, pollutants, or contaminants; 
or other purposes related to response action at the Arsenal 
and any action required under any other statute to remediate 
petroleimi products or their derivatives (including motor oil 
and aviation fuel) at the Arsenal. The Secretary of the Army 
shall consult with the Secretary of the Interior regarding the 
identification and management of all real property retained 
under this paragraph and ensure that activities carried out 
on that property are— 
(A) consistent with the purposes for which the refuge 
is to be established under section 4(c), to the extent prac-
ticable; and 
(B) consistent with the provisions of sections 2(a)(2) 
and 4(e). 
(2) PROPERTY USED FOR LEASE OF PUBLIC FACILITIES.—(A) 
The Secretary of the Army shall retain jurisdiction, authority, 
and control over the following real property at the Arsenal: 
(i) Approximately 12.08 acres containing the South 
Adams County Water Treatment Plant and described in 
Department of the Army lease No. DACA 45-1-87-6121. 
PUBLIC LAW 102-402—OCT. 9, 1992 
106 STAT. 1963 
(ii) Approximately 63.04 acres containing a United 
States Postal Service facility and described in Department 
of the Army lease No. DACA 45-4-71-6185. 
(B) Nothing in this Act shall afTect the validity or continued 
operation of leases of the Department of the Army in existence 
on the date of the enactment of this Act and involving the 
property described in subparagraph (A). 
SEC. 3. CONTINUATION OF RESPONSIBILITY AND LIABIUTY OF THE 
SECRETARY OF THE ARMY FOR ENVIRONMENTAL CLEANUP. 
(a) RESPONSIBILITY.—^Notwithstanding the memorandum of 
understanding required imder section 2(a), the Secretary of the 
Army shall, with respect to the real property at the Arsenal that 
is subject to the memorandum, continue to carry out (1) response 
action at that property under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) and other applicable provisions of law, and (2) any action 
required under any other statute to remediate petroleum products 
or their derivatives (including motor oil and aviation fuel). The 
management by the Secretary of the Interior of such real property 
shall be subject to any such response action or other action at 
the property being carried out by or under the authority of the 
Secretary of the Army under such provisions of law. 
(b) LIABILITY.—(1) Nothing in this Act shall relieve, and no 
action may be taken under this Act to relieve, the Secretary of 
the Army or any other person from any obligation or other liability 
at the Arsenal under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
and other applicable provisions of law. 
(2) After the transfer of jurisdiction under section 2(b), the 
Secretary of the Army shall retain any obligation or other liability 
at the Arsenal under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
and other applicable provisions of law and shall be accorded all 
easements and access as may be reasonably required to carry out 
such obligation or other liability. 
(c) DEGREE OF CLEANUP.—^Nothing in this Act shall be con-
strued to restrict or lessen the degree of cleanup at the Arsenal 
required to be carried out under applicable provisions of law. 
(d) PAYMENT OF RESPONSE ACTION COSTS.—Any Federal depart-
ment or agency that had or has operations at the Arsenal resulting 
in the release or threatened release of hazardous substances, pollut-
ants, or contaminsuits shall pay the cost of related response actions 
or related actions under other statutes to remediate petroleum 
products or their derivatives, including motor oil and aviation fuel. 
(e) CONSULTATION.—In carrying out response actions at the 
Arsenal, the Secretary of the Army shall consult with the Secretary 
of the Interior to ensure that such actions are carried out in a 
manner— 
(1) to the extent practicable, consistent with the purposes 
set forth in section 4(c) for which the refuge will be established 
after the certification required under section 2(b)(2); and 
(2) consistent with the provisions of sections 2(a)(2) and 
4(e). 
(f) EXISTING LAW.—^The Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.), the Migratory Bird Treaty Act 
106 STAT. 1964 
PUBLIC LAW 102-402—OCT. 9, 1992 
Federal 
Register, 
publication. 
(16 U.S.C. 703 et sea.), and the Bald Eagle Protection Act (16 
U.S.C. 668 et seq.) shall apply to all actions at the Arsenal. 
(g) RESPONSE ACTIONS.—(1) The future establishment of the 
refuge shall not restrict or lessen in any way any response action 
or (legree of cleanup under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 or other 
applicable provisions of law, or any response action required under 
any other statute to remediate petroleum products or their deriva-
tives (including motor oil and aviation fuel), required to be carried 
out by or under the authority of the Secretary of the Army at 
the Arsenal and surrounding areas, including (but not limited to)— 
(A) the substance or performance of the remedial investiga-
tion and feasibility study or endangerment assessments; 
(B) the contents and conclusions of the remedial investiga-
tion and feasibility study or the endangerment assessment 
reports; or 
(C) the selection and implementation of response action 
and any action required under any other statute to remediate 
petroleimi products or their derivatives (including motor oil 
and aviation fuel) for the Arsenal and surrounding areas. 
(2) All response action and action required under any other 
statute to remediate petroleum products or tneir derivatives (includ-
ing motor oil and aviation fuel) carried out at the Arsenal shall 
attain a degree of cleanup of hazardous substances, pollutants, 
and contaminants that, at a minimimi, is sufficient to fully meet 
the purposes set forth in section 4(c) for which the refuge will 
be established and to permit access to all real property comprising 
the refuge by refuge personnel, wildlife researchers, and visitors. 
SEC. 4. ESTABUSHMENT OF THE ROCKY MOUNTAIN ARSENAL 
NATIONAL WILDLIFE REFUGE. 
(a) ESTABLISHMENT.—Not later than 30 days after the transfer 
of jurisdiction imder section 2(b), the Secretary of the Interior 
shall establish a national wildUfe refuge that shall be known as 
the Rocky Mountain Arsenal National Wildlife Refuge and consist 
of the real property required to be transferred imder such section. 
The Secretary of the Interior shall publish a notice of the establish-
ment of the refuge in the Federal Register. 
(b) ADMINISTRATION.— 
(1) IN GENERAL.—^The Secretary of the Interior shall man-
age the refuge in accordance with the National Wildlife Refuge 
System Administration Act of 1966 (16 U.S.C. 668dd et seq.) 
and other applicable law. 
(2) CONSULTATION.—In developing plans for the manage-
ment of fish and wildlife at and public use of the refuge, 
the Secretary of the Interior shall— 
(A) consult with the Colorado Department of Natural 
Resources and local governments adjacent to the refuge; 
and 
(B) provide an opportunity for public comment on such 
plans. 
(3) The Secretary of the Interior and the Administrator 
of the Federal Aviation Administration shall confer from time 
to time as necessary to coordinate the management of the 
refine with the operations of the Denver International Airport. 
(c) PURPOSES OF THE REFUGE.—The refuge is established for 
the following purposes: 
PUBLIC LAW 102-402—OCT. 9, 1992 
106 STAT. 1965 
(1) To conserve and enhance populations of fish, wildlife, 
and plants wiUiin the refuge, including populations of water-
fowl, raptors, passerines, and marsh and water birds. 
(2) To conserve species listed as threatened or endangered 
under the Endangered Species Act and species that are can-
didates for such listing. 
(3) To provide maximum fish and wildlife oriented public 
uses at levels compatible with the conservation and enhcuice-
ment of wildlife and wildlife habitet. 
(4) To provide opportunities for compatible 
scientific 
research. 
(5) To provide opportunities for compatible environmental 
and land use education. 
(6) To conserve and enhance the land £uid water of the 
refuge in a manner that will conserve and enhance the natural 
diversity offish, wildlife, plante, and their habitets. 
(7) To protect and enhance the quality of aquatic habitet 
within the refuge. 
(8) To fulfill international treaty obligations of the United 
Stetes with respect to fish and wildlife and their habitets. 
(d) LIMITATIONS.— 
(1) PROHIBITION AGAINST ANNEXATION.—Notwithstanding 
section 4(aX2) of the National Wildlife Refuge System Adminis-
tration Act of 1966 (16 U.S.C. 668dd(aX2)), the Secretery of 
the Interior shall not allow the annexation of lands within 
the refuge by any unit of general local government. 
(2) PROHIBITION AGAINST THROUGH ROADS.—Public roads 
may not be constructed through the refuge. 
SEC. S. DISPOSAL OF CERTAIN REAL PROPERTY AT THE ARSENAL 
FOR COMMERCIAL, HIGHWAY, OR OTHER PUBUC USE. 
(a) PROPERTY DESIGNATED FOR DISPOSAL UNDER THIS SEC-
TION.—^The following areas of real property at the Arsenal are 
designated for disposal under this section for commercial, highway, 
or other public use purposes: 
(1) An area of real property consisting of approximately 
815 acres located at the Arsenal, the approximate legal descrip-
tion of which is section 9, T3S-R67W, the W2W2 of section 
4 and the W4E2W2 of section 4, T3S-R67W, and the SW4SW4 
of section 33, the W4E2W2 of section 33, and the W2NW4 
of section 33, T2S-R67W; except that the area designated shall 
not include the approximately 63.04 acres conteining a United 
Stetes Postel Service facility and described in Department of 
the Army lease No. DACA 45-4-71-6185 and the water wells 
located in buildings 385, 386, and 387 at the Arsenal and 
associated facilities and easemente necessary to operate and 
maintein the water wells, which shall be treated in the manner 
provided in section 2. 
(2) To permit the widening of existing roads, an area of 
real property of not more than 100 feet inside the boundary 
of the Arsenal on— 
(A) the Northwest side of the Arsenal adjacent to Colo-
rado Highway #2; 
(B) the Northern side of the Arsenal adjacent to 96th 
Avenue; and 
(C) the Southern side of the Arsenal adjacent to 56th 
Avenue. 
106 STAT. 1966 
PUBLIC LAW 102-402—OCT. 9, 1992 
(b) TRANSFER FOR HIGHWAY PURPOSES.—The Secretary of the 
Army shall convey those parcels of real property described in sub-
section (aX2) to the State or the appropriate unit of general local 
government at no cost to allow for tne improvement of public 
roads in existence on the date of the enactment of this Act or 
for the provision of alternative means of transportation. 
(c) TRANSFER FOR SALE.—<1) The Secretanr of the Arm^ shall 
transfer to the Administrator of the General Services Administra-
tion those parcels of the area of real property described in subsection 
(aXl). The transferred property shall be sold in advertised sales 
as surplus property under the provisions of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), 
except that the provisions of such Act relating to reduced- or no-
cost transfers to other governmental entities shall not apply to 
this property. 
(2) Any amounts realized by the United States upon the sale 
of property as described in paragraph (1) shall be transferred to 
the Director of the United States Fish and Wildlife Service to 
be used, to the extent provided for in appropriation Acts, to supple-
ment the funds otherwise available K
>
r construction of a visitor 
and education center at the refuge. 
(d) LIMITATIONS.— 
(1) PERPETUAL RESTRICTIONS.—(A) The disposal of real 
property under this section shall be subject to perpetual restric-
tions that are attached to any deed to such property and that 
prohibit— 
(i) the use of the property for residential or industrial 
purposes; 
(ii) the use of ground water located under, or surface 
water located on, the property as a source of potable water; 
(iii) hunting and fishing on the property, excluding 
hunting and fishing for nonconsumptive use subject to 
appropriate restrictions; and 
(iv) agricultural use of the properUr, including all farm-
ing activities such as the raising of livestock, crops, or 
vegetables, but excluding agricultural practices used in 
response action or used for erosion control. 
(B) Nothing in subparagraph (A) shall be construed to 
restrict or lessen the degree of cleanup required to be carried 
out under applicable provisions of law at the property des-
ignated for disposal under this section. 
PUBLIC LAW 102-402-OCT. 9, 1992 
106 STAT. 1967 
(2) DISPOSAL IN ACCORDANCE WITH CERCLA.—The disposal 
of real property under this section shall be carried out in 
compliance with section 120(h) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9620(h)) and other applicable provisions of law. 
Approved October 9, 1992. 
LEGISLATIVE HISTORY—H.R. 1435: 
HOUSE REPORTS: No. 102-463, Pt. 1 (Comm. on Armed Services) and Pt. 2 
(Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
July 7, considered and passed House. 
Sept. 18, considered and passed Senate, amended. 
Sept. 25, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 9, Presidential statement.