text: 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.
target: 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.
feat_title: A bill to authorize the Secretary of Energy to purchase certain essential mineral rights as part of a comprehensive natural resource damage settlement.