Page:United States Statutes at Large Volume 119.djvu/3559

 PUBLIC LAW 109–163—JAN. 6, 2006

119 STAT. 3541

(1) IN GENERAL.—Not later than one year after the date of enactment of this Act, such amounts authorized to be appropriated under subsection (c) shall be available to the Secretary 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; and (B) the Secretary purchases the essential mineral right for an amount that does not exceed fair market value. (3) LIMITATION.—Only those funds authorized to be appropriated under subsection (c) shall be available for the Secretary to purchase essential mineral rights under paragraph (1). (4) RELEASE FROM LIABILITY.—A natural resource damage liability claim under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) shall be considered to be satisfied by— (A) the purchase by the Secretary of essential mineral rights under paragraph (1) for consideration in an amount equal to $10,000,000; (B) the payment by the Secretary to the Trustees of $10,000,000; or (C) the purchase by the Secretary of any portion of the mineral rights under paragraph (1) for— (i) consideration in an amount less than $10,000,000; and (ii) a payment by the Secretary to the Trustees of an amount equal to the difference between— (I) $10,000,000; and (II) the amount paid under clause (i). (5) USE OF FUNDS.— (A) IN GENERAL.—Any amounts received under paragraph (4) shall be used by the Trustees for the purposes described in section 107(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)), including— (i) the purchase of additional mineral rights at Rocky Flats; and (ii) the development of habitat restoration projects at Rocky Flats. (B) CONDITION.—Any expenditure of funds under this paragraph shall be made jointly by the Trustees. (C) ADDITIONAL FUNDS.—The Trustees may use the funds received under paragraph (4) in conjunction with other private and public funds. (6) EXEMPTION FROM NATIONAL ENVIRONMENTAL POLICY ACT.—Any purchases of mineral rights under this subsection shall be exempt from the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (7) ROCKY FLATS NATIONAL WILDLIFE REFUGE.— (A) TRANSFER OF MANAGEMENT RESPONSIBILITIES.—The Rocky Flats National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd note; Public Law 107–107) is amended— (i) in section 3175— (I) by striking subsections (b) and (f); and

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