Page:United States Statutes at Large Volume 115 Part 2.djvu/398

 115 STAT. 1382 PUBLIC LAW 107-107—DEC. 28, 2001 (A) AVAILABILITY OF LAND.—On submission of an application meeting each of the conditions specified in paragraph (2), the Secretary, in consultation with the Secretary of the Interior, shall 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 300 feet from the west edge of the Indiana Street right-of-way, as that rightof-way exists as of the date of the enactment of this Act. (C) EASEMENT OR SALE.— Land may be made available under this paragraph by easement or sale to one 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 referred to in paragraph (1) meets the conditions specified in this paragraph if the application— (A) is submitted by any county, city, or other political subdivision of the State of Colorado; and (B) includes documentation demonstrating that the transportation improvements for which the land is to be made available— (i) are carried out so as to minimize adverse effects on the management of Rocky Flats as a wildlife refuge; and (ii) are 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. (f) WIND TECHNOLOGY EXPANSION AREA. —The Secretary shall retain, for the use of the National Renewable Energy Laboratory, the approximately 25 acres identified on the map referred to in section 3173(8)(A) as the "Wind Technology Expansion Area". SEC. 3175. TRANSFER OF MANAGEMENT RESPONSIBIUTIES AND JUR- ISDICTION OVER ROCKY FLATS. (a) TRANSFER REQUIRED. — (1) IN GENERAL.—Subject to the other provisions of this section, the Secretary shall transfer administrative jurisdiction over the property that is to comprise the refuge to the Secretary of the Interior. (2) DATE OF TRANSFER.— The transfer shall be carried out not earlier than the completion certification date, and not later than 30 business days after that date. (3) COMPLETION CERTIFICATION DATE. —For purposes of paragraph (2), the completion certification date is the date on which the Administrator of the Environmental Protection Agency certifies to the Secretary and to the Secretary of the Interior that cleanup and closure at Rocky Flats has been completed, except for the operation and maintenance associated with response actions, and that all response actions are operating properly and successfully. (b) MEMORANDUM OF UNDERSTANDING.— (1) REQUIRED ELEMENTS. — The transfer required by subsection (a) shall be carried out pursuant to a memorandum

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