119 STAT. 3542
PUBLIC LAW 109–163—JAN. 6, 2006
(II) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; and (ii) in section 3176(a)(1), by striking ‘‘section 3175(d)’’ and inserting ‘‘section 3175(c)’’. (B) BOUNDARIES.—Section 3177 of such Act is amended by striking subsection (c) and inserting the following new subsection: ‘‘(c) COMPOSITION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the refuge shall consist of land within the boundaries of Rocky Flats, as depicted on the map— ‘‘(A) entitled ‘Rocky Flats National Wildlife Refuge’; ‘‘(B) dated July 25, 2005; and ‘‘(C) available for inspection in the appropriate offices of the United States Fish and Wildlife Service and the Department of Energy. ‘‘(2) EXCLUSIONS.—The refuge does not include— ‘‘(A) any land retained by the Department of Energy for response actions under section 3175(c); ‘‘(B) any land depicted on the map described in paragraph (1) that is subject to one or more essential mineral rights described in section 3112(a) of the National Defense Authorization Act for Fiscal Year 2006 over which the Secretary shall retain jurisdiction of the surface estate until the essential mineral rights— ‘‘(i) are purchased under subsection (b) of such section; or ‘‘(ii) are mined and reclaimed by the mineral rights holders in accordance with requirements established by the State of Colorado; and ‘‘(C) the land depicted on the map described in paragraph (1) on which essential mineral rights are being actively mined as of the date of enactment of the National Defense Authorization Act for Fiscal Year 2006 until— ‘‘(i) the essential mineral rights are purchased; or ‘‘(ii) the surface estate is reclaimed by the mineral rights holder in accordance with requirements established by the State of Colorado. ‘‘(3) ACQUISITION OF ADDITIONAL LAND.—Notwithstanding paragraph (2), upon the purchase of the mineral rights or reclamation of the land depicted on the map described in paragraph (1), the Secretary shall— ‘‘(A) transfer the land to the Secretary of the Interior for inclusion in the refuge; and ‘‘(B) the Secretary of the Interior shall— ‘‘(i) accept the transfer of the land; and ‘‘(ii) manage the land as part of the refuge.’’. (c) FUNDING.—Of the amounts authorized to be appropriated to the Secretary for the Rocky Flats Environmental Technology Site for fiscal year 2006, $10,000,000 may be made available to the Secretary for the purposes described in subsection (b).
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