| Home > 106th Congressional Bills > 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] ...
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] ...
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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