article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Rocky Flats Environmental Technology Site Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Covenant not to sue.--The term ``covenant not to sue'' means-- (A) a covenant not to sue under section 122(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(f)); and (B) any similar covenant by the State of Colorado. (2) Essential mineral right.-- (A) In general.--The term ``essential mineral right'' means a right to a mineral identified as necessary to transition Rocky Flats to a National Wildlife Refuge by-- (i) the Secretary; and (ii) the Secretary of the Interior. (B) Inclusion.--The term ``essential mineral right'' may include a right to a mineral referred to in section VIII(A) of the draft memorandum of understanding between the Department of the Interior and the Department of Energy, dated March 22, 2005 (70 Fed. Reg. 14455). (3) Fair market value.--The term ``fair market value'' means the value of a mineral right, as determined by an appraisal performed by an independent, certified mineral appraiser under the Uniform Standards of Professional Appraisal Practice. (4) Natural resource damage liability.--The term ``natural resource damage liability'' means natural resource damage liability under section 107(a)(4)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)(4)(C)). (5) Rocky flats.--The term ``Rocky Flats'' means the Department of Energy facility in the State of Colorado known as the ``Rocky Flats Environmental Technology Site''. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. (7) Trustees.--The term ``Trustees'' means the Federal and State officials designated as trustees under section 107(f)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(2)). SEC. 3. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE. (a) Purchase of Essential Mineral Rights.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall use amounts made available under subsection (b) to purchase essential mineral rights at Rocky Flats. (2) Conditions.--The Secretary shall not purchase an essential mineral right under paragraph (1) unless-- (A) the owner of the essential mineral right is a willing seller; (B) the Secretary purchases the essential mineral right at fair market value; and (C)(i) the Trustees enter into a natural resources damage settlement providing that the purchase of essential mineral rights satisfies any existing or potential natural resource damage liability claim arising from releases of hazardous substances identified in the administrative record for the site as of the date of enactment of this Act; and (ii) the settlement includes a covenant not to sue. (3) Limitation.--The Secretary shall purchase essential mineral rights under paragraph (1) and satisfy any obligation of the Secretary under a settlement of a natural resource damage claim at Rocky Flats under section 122(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(f)) using only funds made available under subsection (b). (4) Unwilling sellers.--If an owner of an essential mineral right refuses to sell the right to the Secretary at fair market value, the Secretary may satisfy any natural resource damage liability obligation of the Secretary to the Trustees by paying to the Trustees an amount equal to the fair market value of the essential mineral right owned by the unwilling seller as part of a settlement of a natural resource damage claim under section 122(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(f)). (5) Release from liability.--Notwithstanding any other law, any claim for damage to a natural resource under section 107(f) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)) shall be considered to be satisfied by-- (A) a purchase by the Secretary of an essential mineral right under paragraph (1); or (B) a payment by the Secretary to the Trustees under paragraph (4). (6) Exemption from national environmental policy act.--A purchase of an essential mineral right under this subsection shall be exempt from the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2006.
summary: Rocky Flats Environmental Technology Site Act of 2005 - Instructs the Secretary of Energy to purchase essential mineral rights at the Department of Energy facility, Colorado, known as the Rocky Flats Environmental Technology Site. Includes among conditions for such purchase that certain federal and state officials designated as trustees enter into a natural resources damage settlement providing that the purchase of essential mineral rights satisfies any existing or potential natural resource damage liability claim arising from releases of certain hazardous substances. Requires the settlement to include a covenant not to sue.