TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER ROCKY FLATS.

SEC. 3175. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER ROCKY FLATS. (a) Transfer Required.— (1) In general.—Subject to the other provisions of this section, the Secretary shall transfer administrative jurisdiction over the property that is to comprise the refuge to the Secretary of the Interior. (2) Date of Transfer.—The transfer shall be carried out not earlier than the completion certification date, and not later than 30 business days after that date. (3) Completion Certification Date.—For purposes of paragraph (2), the completion certification date is the date on which the Administrator of the Environmental Protection Agency certifies to the Secretary and to the Secretary of the Interior that cleanup and closure at Rocky Flats has been completed, except for the operation and maintenance associated with response actions, and that all response actions are operating properly and successfully. (b) Memorandum of Understanding.— (1) Required Elements.—The transfer required by subsection (a) shall be carried out pursuant to a memorandum 115 STAT. 1383of understanding between the Secretary and the Secretary of the Interior. The memorandum of understanding shall— (A) provide for the division of responsibilities between the Secretary and the Secretary of the Interior necessary to carry out such transfer; (B) address the impacts that any property rights referred to in section 3179(a) may have on the management of the refuge, and provide strategies for resolving or mitigating these impacts; (C) identify the land the administrative jurisdiction of which is to be transferred to the Secretary of the Interior; and (D) specify the allocation of the Federal costs incurred at the refuge after the date of such transfer for any site investigations, response actions, and related activities for covered substances. (2) Publication of Draft.—Not later than one year after the date of the enactment of this Act, the Secretary and the Secretary of the Interior shall publish in the Federal Register a draft of the memorandum of understanding. (3) Finalization and Implementation.— (A) Not later than 18 months after the date of the enactment of this Act, the Secretary and Secretary of the Interior shall finalize and implement the memorandum of understanding. (B) In finalizing the memorandum of understanding, the Secretary and Secretary of the Interior shall specifically identify the land the administrative jurisdiction of which is to be transferred to the Secretary of the Interior and provide for a determination of the exact acreage and legal description of such land by a survey mutually satisfactory to the Secretary and the Secretary of the Interior. (c) Transfer of Improvements.—The transfer required by subsection (a) may include such buildings or other improvements as the Secretary of the Interior has requested in writing for purposes of managing the refuge. (d) Property Retained for Response Actions.— (1) In general.—The transfer required by subsection (a) shall not include, and the Secretary shall retain jurisdiction, authority, and control over, the following real property and facilities at Rocky Flats: (A) Any engineered structure, including caps, barrier walls, and monitoring or treatment wells, to be used in carrying out a response action for covered substances. (B) Any real property or facility to be used for any other purpose relating to a response action or any other action that is required to be carried out by the Secretary at Rocky Flats. (2) Consultation.—The Secretary shall consult with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Governor of the State of Colorado on the identification of all real property and facilities to be retained under this subsection. (e) Cost.—The transfer required by subsection (a) shall be completed without cost to the Secretary of the Interior. (f) No Reduction in Funds.—The transfer required by subsection (a), and the memorandum of understanding required by 115 STAT. 1384subsection (b), shall not result in any reduction in funds available to the Secretary for cleanup and closure of Rocky Flats.