[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4165 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4165

     To assist the economic development of the Ute Indian Tribe by 
authorizing the transfer to the Tribe of Oil Shale Reserve Numbered 2, 
   to protect the Colorado River by providing for the removal of the 
 tailings from the Atlas uranium milling site near Moab, Utah, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2000

Mr. Cannon (for himself, Mr. George Miller of California, Mr. Bilbray, 
 Mr. Filner, Mr. Hansen, Mrs. Napolitano, Mr. Hunter, Ms. Berkley, Mr. 
 Dreier, Mr. Pastor, Mr. Shadegg, Mr. Berman, Mr. Salmon, Mr. Udall of 
 Colorado, Mr. Gibbons, Mr. Udall of New Mexico, Mr. Kolbe, Mr. Baca, 
   Mr. Stump, Ms. Pelosi, Mr. Herger, Mr. Serrano, Mr. Hayworth, Ms. 
   Schakowsky, Mr. McInnis, Mr. Ortiz, Mr. Horn, Ms. Velazquez, Mr. 
 Cunningham, Mr. Blumenauer, Mr. Radanovich, Ms. Baldwin, Mr. Cooksey, 
 Mr. Brady of Pennsylvania, Mr. Capuano, Mr. Sessions, Mr. Weiner, Mr. 
  Becerra, Mr. Gonzalez, Mr. Gutierrez, Mr. Hinojosa, Mr. Reyes, Mr. 
  Romero-Barcelo, Ms. Roybal-Allard, Mr. Underwood, Mr. Lipinski, Mr. 
Forbes, Mr. Cummings, Mrs. Meek of Florida, and Ms. Millender-McDonald) 
 introduced the following bill; which was referred to the Committee on 
  Armed Services, and in addition to the Committees on Commerce, and 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To assist the economic development of the Ute Indian Tribe by 
authorizing the transfer to the Tribe of Oil Shale Reserve Numbered 2, 
   to protect the Colorado River by providing for the removal of the 
 tailings from the Atlas uranium milling site near Moab, Utah, and for 
                            other purposes.

    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 ``Keep the Colorado River Clean Act''.

SEC. 2. TRANSFER OF OIL SHALE RESERVE.

    Section 3405 of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (10 U.S.C. 7420 note) is amended to read as 
follows:

``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUM-
              BERED 2.

    ``(a) Definitions.--For purposes of this section:
            ``(1) The term `NOSR-2' means Oil Shale Reserve Numbered 2, 
        as identified on a map on file in the Office of the Secretary 
        of the Interior.
            ``(2) The term `Tribe' means the Ute Indian Tribe of the 
        Uintah and Ouray Indian Reservation.
    ``(b) Conveyance.--The United States hereby conveys to the Tribe, 
subject to valid existing rights in effect on the day before the 
enactment of this section, all Federal lands within the exterior 
boundaries of NOSR-2 in fee simple, both surface and mineral rights, 
without retaining any management authority over the conveyed lands or 
tribal activities thereon, but reserving to the United States each of 
the following:
            ``(1) A 9 percent royalty interest in the value of any oil, 
        gas, other hydrocarbons, and all other minerals produced, 
        saved, and sold, from the conveyed lands, the payments to be 
        made by the Tribe or its designee to the Secretary of Energy 
        when produced, saved, or sold during the period minerals are 
        being extracted.
            ``(2) That portion of the bed of Green River contained 
        entirely within NOSR-2 as depicted on the map entitled 
        `Boundary Map, ...........'', numbered ____, and dated ____. 
        The map shall be on file and available for public inspection in 
        the offices of the Department of the Interior.
            ``(3) The lands, including surface and mineral rights, to 
        the west of the Green River within NOSR-2, as depicted on the 
        map referred to in paragraph (2).
            ``(4) A \1/4\ mile scenic easement on the east side of the 
        Green River within NOSR-2. Such easement shall not affect the 
        right of the Tribe to obtain, use, and maintain access to, the 
        river through the use of the existing road within the easement 
        (as depicted on the map referred to in paragraph (2)).
The lands conveyed to the Tribe under this subsection shall not revert 
to the United States for management in trust status.
    ``(c) Withdrawals.--All existing withdrawals on NOSR-2 are hereby 
revoked.
    ``(d) Administration of Reserved Lands, Interests in Lands.--The 
Secretary of the Interior shall administer the lands and interests in 
lands reserved from conveyance in subsection (b)(2) and (3) of this 
section under the Federal Land Policy and Management Act and shall 
prepare and submit to Congress a land use plan for the management of 
these lands and interests in lands within three years after the 
enactment of this subsection. There is authorized to the Secretary of 
the Interior such sums as may be necessary to carry out this 
subsection.
    ``(e) Royalty.--
            ``(1) Payment of royalty.--The Tribe shall pay the royalty 
        interest reserved from conveyance in subsection (b)(1) of this 
        section free of all development, production, marketing, and 
        operating expenses. The United States shall bear and pay gross 
        production taxes, pipeline taxes, and allocation taxes assessed 
        against the gross production.
            ``(2) Reports.--The Tribe shall report annually to the 
        Secretary of Energy and to Congress on its resource development 
        and other activities concerning the property transferred.
            ``(3) Financial audit.--The Tribe shall submit every 5 
        years to a financial audit, conducted in accordance with 
        generally accepted accounting practices, of its resource 
        development activities concerning the property transferred, 
        with the first audit taking place 5 years after the date of 
transfer and the results of each audit being included in the next 
annual report after completion of the audit.
    ``(f) River Management.--The Tribe shall manage, fully under Tribal 
jurisdiction and pursuant to ordinances adopted by the Tribe, its lands 
adjacent to, and within \1/4\ mile of, the Green River in a protected 
status and in a manner consistent with the provisions contained in a 
government-to-government agreement and in the memorandum of 
understanding entitled memorandum of understanding dated February 11, 
2000, as agreed to by the Tribe and the Secretary of the Interior. Such 
ordinances adopted by the Tribe shall not impair, limit, or otherwise 
restrict the management and use of other lands adjacent to the Green 
River that are not under or subject to the Tribe's jurisdiction or 
control. The ordinances adopted by the Tribe and referenced in the 
government-to-government agreement may not be repealed or amended 
without the written approval of both the Tribe and the Secretary of the 
Interior.
    ``(g) Plant Species.--The Tribe shall protect, pursuant to 
ordinances adopted by the Tribe, any plant species listed by the 
Federal Government as endangered or threatened that is located on or 
found on the NOSR-2 lands conveyed to the Tribe in a manner consistent 
with the then current levels of legal protection, and this protection 
shall be performed fully under tribal jurisdiction and in accordance 
with a government-to-government agreement between the Tribe and the 
Secretary of the Interior.
    ``(h) Horses.--The Tribe shall manage the horses not owned by the 
Tribe or tribal members that are located or found on the NOSR-2 lands 
conveyed to the Tribe in a manner consistent with then current Federal 
protections granted such animals: Provided, That the management, 
control, and protection of such horses will be performed fully under 
tribal jurisdiction and in accordance with a government-to-government 
agreement between the Tribe and the Secretary of the Interior.
    ``(i) Remedial Action at Site Near Moab.--(1) Within one year after 
the enactment of this subsection, the Secretary of Energy shall prepare 
a plan to commence, within one year following preparation of the plan, 
remedial action, including groundwater restoration, at the uranium 
milling site near Moab, Utah, in accordance with section 102(a)(4) of 
the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 
7912(a)), as amended by section 3 of this Act. The Secretary shall 
limit the amounts expended in carrying out this remedical action to 
amounts specifically appropriated for the remedial action in an 
appropriations Act and other amounts available for that purpose under 
this subsection.
    ``(2) The Secretary of Energy shall retain the amounts received as 
royalties under subsection (e)(1) of 3405 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 
note), and such amounts shall be available, without further 
appropriation to carry out the remedial action referred to in paragraph 
(1). Upon completion of such remedial action, all such royalty amounts 
shall be deposited in the General Fund of the Treasury. There are 
authorized to be appropriated to the Secretary of Energy to carry out 
the remedial action referred to in paragraph (1) such additional sums 
as may be necessary.
    ``(3) If the uranium milling site referred to in paragraph (1) is 
sold after the Secretary of Energy's remedial action referred to in 
paragraph (1) is completed, the seller shall transfer to the Secretary 
of Energy, for deposit into the miscellaneous receipts account of the 
Treasury, the portion of the sale price that the Secretary determines 
results from the enhancement of the value of the site attributable to 
the remedial action. The Secretary's determination shall be based upon 
appraisals conducted at the completion of the remedial action. The 
property shall be appraised at its fair market value as of the date of 
enactment of this action, based on available information, and its fair 
market value at the completion of the remedial action. The difference 
between such appraisals shall be the enhancement of the value of the 
site resulting attributable to the remedial action.''.

SEC. 3. URANIUM MILL TAILINGS.

    Section 102(a) of the Uranium Mill Tailings Radiation Control Act 
of 1978 (42 U.S.C. 7912(a)) is amended by inserting the following new 
paragraph after paragraph (3):
    ``(4) Notwithstanding any other provision of law, the Moab uranium 
milling site (hereafter referred to as the `Moab Site') located 
approximately 3 miles northwest of Moab, Utah, and identified in the 
Final Environmental Impact Statement issued by the Nuclear Regulatory 
Commission in March 1996, in conjunction with Source Material License 
No. SUA 917, is designated as a processing site. This title applies to 
the Moab Site in the same manner and to the same extent as to other 
processing sites designated under this subsection, except that--
            ``(A) sections 103, 107(a), 112(a), and 115(a) of this 
        title shall not apply;
            ``(B) a reference in this title to the date of the 
        enactment of this Act shall be treated as a reference to the 
        date of enactment of this paragraph; and
            ``(C) the Secretary, subject to appropriations and without 
        regard to section 104(b) of this title, shall conduct 
        remediation, including groundwater restoration and removal of 
        residual radioactive material and other contaminated material 
        from the Moab Site and from the floodplain of the Colorado 
        River for permanent disposition and stabilization of residual 
        radioactive material in a safe and environmentally sound manner 
        at a site in the State of Utah.''.

SEC. 4. CONFORMING AMENDMENT.

    Section 3406 of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (10 U.S.C. 7420 note) is amended by inserting 
after subsection (e) the following new subsection:
    ``(f) Oil Shale Reserve No. 2.--This section does not apply to the 
transfer of Oil Shale Reserve Numbered 2 under section 3405.''.
                                 <all>