[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 97 Referred in House (RFH)]
109th CONGRESS
1st Session
S. 97
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IN THE HOUSE OF REPRESENTATIVES
July 27, 2005
Referred to the Committee on Resources
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AN ACT
To provide for the sale of bentonite in Big Horn County, Wyoming.
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 ``Big Horn Bentonite Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered land.--The term ``covered land'' means the
approximately 20 acres of previously withdrawn land located in
the E\1/2\ NE\1/4\ SE\1/4\ of sec. 32, T. 56N., R. 95W., sixth
principal meridian, Big Horn County, Wyoming.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. AUTHORIZATION OF MINING AND REMOVAL OF BENTONITE.
(a) In General.--Notwithstanding the withdrawal of the covered land
for military purposes, the Secretary may, with the consent of the
Secretary of the Army, permit the mining and removal of bentonite on
the covered land.
(b) Sole-Source Contract.--The Secretary shall enter into a sole-
source contract for the mining and removal of the bentonite from the
covered land that provides for the payment to the Secretary of $1.00
per ton of bentonite removed from the covered land.
(c) Terms and Conditions.--
(1) In general.--Mining and removal of bentonite under this
Act shall be subject to such terms and conditions as the
Secretary may prescribe for--
(A) the prevention of unnecessary or undue
degradation of the covered land; and
(B) the reclamation of the covered land after the
bentonite is removed.
(2) Requirements.--The terms and conditions prescribed
under paragraph (1) shall be at least as protective of the
covered land as the terms and conditions established for Pit
No. 144L (BLM Case File WYW136110).
(3) Land use plan.--In carrying out the provisions of this
Act, the Secretary is not required to amend any land use plan
under section 202 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712).
(4) Termination of interest.--On completion of the mining
and reclamation authorized under this Act, any party that has
entered into the sole-source contract with the Secretary under
subsection (b) shall have no remaining interest in the covered
land.
SEC. 4. CLOSURE.
(a) In General.--If the Secretary of the Army notifies the
Secretary that closure of the covered land is required because of a
national emergency or for the purpose of national defense or national
security, the Secretary shall--
(1) order the suspension of any activity authorized by this
Act on the covered land; and
(2) close the covered land until the Secretary of the Army
notifies the Secretary that the closure is no longer necessary.
(b) Liability.--Neither the Secretary nor the Secretary of the Army
shall be liable for damages from a closure of the covered land under
subsection (a).
Passed the Senate July 26, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary.