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S. 3091 (is) To implement the recommendations of the General Accounting Office on improving the administration of the Packers and Stockyards Act, 1921 by the Department of Agriculture. [Introduced in Senate] ...


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106th CONGRESS
  2d Session
                                S. 3090

 To establish the Rocky Flats National Wildlife Refuge in the State of 
                   Colorado, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2000

  Mr. Allard (for himself and Mr. Campbell) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
 To establish the Rocky Flats National Wildlife Refuge in the State of 
                   Colorado, 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.

    This Act may be cited as the ``Rocky Flats National Wildlife Refuge 
Act of 2000''.

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. The site remains a Department of 
        Energy facility. Since 1992, the mission of the Rocky Flats 
        site has changed from the production of nuclear weapons 
        components to cleanup and closure in a manner that is safe, 
        environmentally and socially responsible, physically secure, 
        and cost-effective.
            (2) The site has generally remained undisturbed since its 
        acquisition by the Federal Government.
            (3) The State of Colorado is experiencing increasing growth 
        and development, especially in the metropolitan Denver Front 
        Range area in the vicinity of the Rocky Flats site. That growth 
        and development reduces the amount of open space and thereby 
        diminishes for many metropolitan Denver communities the vistas 
        of the striking Front Range mountain backdrop.
            (4) Some areas of the site 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 the value of the site for open 
        space and wildlife habitat.
            (5) The Rocky Flats site provides habitat for many wildlife 
        species, including a number of threatened and endangered 
        species, and is marked by the presence of rare xeric tallgrass 
        prairie plant communities. Establishing the site as a unit of 
        the National Wildlife Refuge System will promote the 
        preservation and enhancement of those resources for present and 
        future generations.
    (b) Purpose.--The purpose of this Act is to provide for the 
establishment of the Rocky Flats site 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 
        carried out at Rocky Flats by the Department of Energy under 
        the 1996 Rocky Flats Cleanup Agreement, the closure plans and 
        baselines, and any other relevant documents or requirements.
            (2) Coalition.--The term ``Coalition'' means the Rocky 
        Flats Coalition of Local Governments established 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; and
                    (G) Jefferson County, Colorado.
            (3) Hazardous substance.--The term ``hazardous substance'' 
        has the meaning given the term in section 101 of the 
        Comprehensive Environmental 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 in section 101 of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability 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'' in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601) or any similar 
        requirement under State law.
            (7) RFCA.--The term ``RFCA'' means the Rocky Flats Cleanup 
        Agreement, an intergovernmental 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 Rocky Flats under 
        section 107(f)(2) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(2)).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 4. FUTURE OWNERSHIP AND MANAGEMENT.

    (a) Federal Ownership.--Unless Congress provides otherwise in an 
Act enacted after the date of enactment of this Act, all right, title, 
and interest of the United States, held on or acquired after the date 
of enactment of this Act, to land 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 preserved and maintained in accordance with the National 
Historic Preservation Act (16 U.S.C. 470 et seq.).
    (c) Prohibition on Annexation.--The Secretary of the Interior shall 
not allow the annexation of land within the refuge by any unit of local 
government.
    (d) Prohibition on Through Roads.--Except 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 submission of an 
                application meeting each of the conditions specified in 
                paragraph (2), the Secretary and the Secretary of the 
                Interior may make available land along the eastern 
                boundary of Rocky Flats for the sole purpose of 
                transportation improvements along Indiana Street.
                    (B) Boundaries.--Land made available under this 
                paragraph may not extend more than 150 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 easement 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 compatible with 
                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 designated for the Denver 
                metropolitan area under section 5303 of title 49, 
                United States Code.

SEC. 5. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER 
              ROCKY FLATS.

    (a) In General.--
            (1) Memorandum of understanding.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary and the 
                Secretary of the Interior shall publish in the Federal 
                Register a draft memorandum of understanding under 
                which the Secretary shall transfer to the Secretary of 
                the Interior administrative jurisdiction over Rocky 
                Flats.
                    (B) Required elements.--
                            (i) In general.--Subject to clause (ii), 
                        the memorandum of understanding shall--
                                    (I) provide for the timing of the 
                                transfer;
                                    (II) provide for the division of 
                                responsibilities between the Secretary 
                                and the Secretary of the Interior for 
                                the period ending on the date of the 
                                transfer; and
                                    (III) provide an appropriate 
                                allocation of costs and personnel to 
                                the Secretary of the Interior.
                            (ii) No reduction in funds.--The memorandum 
                        of understanding shall not result in any 
                        reduction in funds available to the Secretary 
                        for cleanup and closure of Rocky Flats.
                    (C) Deadline.--Not later than 18 months after the 
                date of enactment of this Act, the Secretary and 
                Secretary of the Interior shall finalize and implement 
                the memorandum of understanding.
            (2) Exclusions.--The transfer under paragraph (1) shall not 
        include the transfer of any property or facility over which the 
        Secretary retains jurisdiction, authority, and control under 
        subsection (b)(1).
            (3) Condition.--The transfer under paragraph (1) shall 
        occur not later than 10 business days after the signing by the 
        Regional Administrator for Region VIII of the Environmental 
        Protection Agency of the Final On-site Record of Decision for 
        Rocky Flats.
            (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.--
            (1) In general.--The Secretary shall retain jurisdiction, 
        authority, and control over all real property and facilities at 
        Rocky Flats that are to be used for--
                    (A) any necessary and appropriate long-term 
                operation and maintenance facility to intercept, treat, 
                or control a hazardous substance, radionuclide, or 
                other pollutant or contaminant; and
                    (B) any other purpose relating to a response action 
                or any other action that is required to be carried out 
                at Rocky Flats.
            (2) Consultation.--
                    (A) With environmental protection agency and 
                state.--The Secretary shall consult with the 
                Administrator of the Environmental Protection Agency 
                and the State of Colorado on the identification and 
                management of all property to be retained under this 
                subsection to ensure the continuing effectiveness of 
                response actions.
                    (B) With secretary of the interior.--
                            (i) In general.--The Secretary shall 
                        consult with the Secretary of the Interior on 
                        the management of the retained property to 
                        minimize any conflict between the management of 
                        property transferred to the Secretary of the 
                        Interior and property retained by the Secretary 
                        for response actions.
                            (ii) Conflict.--In the case of any such 
                        conflict, implementation and maintenance of the 
                        response action shall take priority.
            (3) Access.--As a condition of the transfer under 
        subsection (a), the Secretary shall be provided such easements 
        and access as are reasonably required to carry out any 
        obligation or address any liability.
    (c) Administration.--
            (1) In general.--On completion of the transfer under 
        subsection (a), the Secretary of the Interior 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 Comprehensive Environmental 
                Response, Compensation, 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 the case of any conflict between the 
        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 for land transferred under subsection (a) 
        under--
                    (A) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.); or
                    (B) any other applicable law.

SEC. 6. CONTINUATION OF ENVIRONMENTAL CLEANUP AND CLOSURE.

    (a) Ongoing Cleanup and Closure.--
            (1) In general.--The Secretary shall carry out to 
        completion cleanup and closure at Rocky Flats.
            (2) No restriction on use of new technologies.--Nothing in 
        this Act, and no action taken under this Act, restricts the 
        Secretary from using at Rocky Flats any new technology that may 

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