Summary: H.R.1435 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed Senate amended (09/18/1992)

Rocky Mountain Arsenal National Wildlife Refuge Act of 1992 - Directs the Secretaries of the Army and of the Interior to enter into a memorandum of understanding that transfers to the Secretary of the Interior, without reimbursement and by October 1, 1992, all responsibility to manage certain lands comprising the Rocky Mountain Arsenal, Colorado, for wildlife and public use purposes. Requires the Secretary of the Interior to establish such property as a unit of the National Wildlife Refuge System.

Subjects the management of the property by the Secretary of the Interior to any response action carried out under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and other applicable laws and to actions required under other statutes to remediate petroleum products or their derivatives. Permits such property to be transferred only after the Administrator of the Environmental Protection Agency certifies to the Secretary of the Army that such response actions have been completed.

Directs the Secretary of the Army to transfer jurisdiction over such property to the Secretary of the Interior, with specified exceptions.

Requires the Secretary of the Army to retain jurisdiction, authority, and control over all Arsenal property used for water treatment, storage, or disposal of hazardous substances, pollutants, or contaminants, and other purposes related to response actions and actions to remediate petroleum products. Continues such jurisdiction over all conveyed property with respect to such response actions.

Requires Federal agencies that have conducted operations at the Arsenal resulting in the release of hazardous substances, pollutants, or contaminants to pay the cost of related response actions.

Provides that the establishment of the Refuge shall not lessen any response action.

Applies the Endangered Species Act of 1973, the Migratory Bird Treaty Act, and the Bald Eagle Protection Act to all actions at the Arsenal.

Directs the Secretary of the Interior to establish the Rocky Mountain Arsenal National Wildlife Refuge on the conveyed property within 30 days of the transfer of jurisdiction. Sets forth the purposes for which the Refuge is established. Requires the Secretary of the Interior to confer with the Administrator of the Federal Aviation Administration to coordinate the management of the Refuge with the operations of the Denver International Airport. Prohibits the annexation of lands within the Refuge by any unit of local government or the construction of public roads through it.

Designates certain property at the Arsenal for disposal for commercial, highway, or other public use purposes. Subjects such disposal to perpetual restrictions that prohibit use of the property for: (1) residential or industrial purposes; (2) a source of potable water; (3) hunting or fishing (except for nonconsumptive use subject to appropriate restrictions); or (4) agricultural purposes (except as part of response actions or erosion control).