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108th CONGRESS
1st Session
H. R. 3303
To facilitate acquisition by the Secretary of the Interior of certain
mineral rights, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 15, 2003
Mr. Udall of Colorado (for himself and Mr. Beauprez) 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 Representatives 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 Refuge 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 desirable 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 Interior with
additional methods for completion of the acquisition.
(c) Purpose.--The purpose of this Act is to facilitate acquisition
of mineral and other rights associated with the Rocky Flats site by
authorizing the Secretary of the Interior to convey to the owners of
such rights, with the concurrence of such owners, monetary 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 Interior may
acquire mineral interests, including interests 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 interests to the United States; or
``(D) any combination of the means described in
subparagraphs (A), (B), and (C).
``(2) Definition of credits.--For purposes of this
subsection, the term `credits' means appropriate legal
instruments or other written documentation, or an entry in an
account managed by the Secretary 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 production
under any lease of an area located on the Outer
Continental Shelf outside the zone described in section
8(g)(2) of the Outer Continental 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 applicable.--The
requirement under section 206(b) of the Federal Land
Policy and Management 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) Limitation.--(i) Nothing in this subsection
shall be construed as authorizing disposal 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).
``(ii) No lands or interests therein outside the
exterior boundaries of Rocky Flats may be acquired by
the Federal Government for the purposes of this Act
except with the consent of the owner thereof.
``(6) Management of acquired interests.--Any interests
acquired by the United States under this subsection shall be
managed by the Secretary of the Interior under the standards
that apply to the Rocky Flats National Wildlife Refuge. No
minerals acquired under this subsection shall be subject 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 authority available to the
Secretary with regard to acquisition of non-Federal interests
located within Rocky Flats.''.
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