[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2588 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2588

     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 SENATE OF THE UNITED STATES

                              May 18, 2000

  Mr. Bennett introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 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 ``Ute-Moab Land Restoration 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; Public Law 105-261) is 
amended to read as follows:

``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2.

    ``(a) Definitions.--In this section:
            ``(1) Map.--The term ``map'' means the map entitled 
        `Boundary Map, .............', numbered ____ and dated 
        ________, to be kept on file and available for public 
        inspection in the offices of the Department of the Interior.
            ``(2) Moab site.--The term `Moab site' means the Moab 
        uranium milling 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.
            ``(3) NOSR-2.--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.
            ``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe 
        of the Uintah and Ouray Indian Reservation.
    ``(b) Conveyance.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        United States conveys to the Tribe, subject to valid existing 
        rights in effect on the day before the date of enactment of 
        this section, all Federal land within the exterior boundaries 
        of NOSR-2 in fee simple (including surface and mineral rights).
            ``(2) Reservations.--The conveyance under paragraph (1) 
        shall not include the following reservations of the United 
        States:
                    ``(A) A 9 percent royalty interest in the value of 
                any oil, gas, other hydrocarbons, and all other 
                minerals from the conveyed land that are produced, 
                saved, and sold, the payments for which shall be made 
                by the Tribe or its designee to the Secretary of Energy 
                during the period that the oil, gas, hydrocarbons, or 
                minerals are being produced, saved, sold, or extracted.
                    ``(B) The portion of the bed of Green River 
                contained entirely within NOSR-2, as depicted on the 
                map.
                    ``(C) The land (including surface and mineral 
                rights) to the west of the Green River within NOSR-2, 
                as depicted on the map.
                    ``(D) A \1/4\ mile scenic easement on the east side 
                of the Green River within NOSR-2.
            ``(3) Conditions.--
                    ``(A) Management authority.--On completion of the 
                conveyance under paragraph (1), the United States 
                relinquishes all management authority over the conveyed 
                land (including tribal activities conducted on the 
                land).
                    ``(B) No reversion.--The land conveyed to the Tribe 
                under this subsection shall not revert to the United 
                States for management in trust status.
                    ``(C) Use of easement.--The reservation of the 
                easement under paragraph (2)(D) shall not affect the 
                right of the Tribe to obtain, use, and maintain access 
                to, the Green River through the use of the road within 
                the easement, as depicted on the map.
    ``(c) Withdrawals.--All withdrawals in effect on NOSR-2 on the date 
of enactment of this section are revoked.
    ``(d) Administration of Reserved land, Interests in land.--
            ``(1) In general.--The Secretary shall administer the land 
        and interests in land reserved from conveyance under 
        subparagraphs (B) and (C) of subsection (b)(2) in accordance 
        with the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).
            ``(2) Management plan.--Not later than 3 years after the 
        date of enactment of this section, the Secretary shall submit 
        to Congress a land use plan for the management of the land and 
        interests in land referred to in paragraph (1).
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary such sums as are 
        necessary to carry out this subsection.
    ``(e) Royalty.--
            ``(1) Payment of royalty.--
                    ``(A) In general.--The royalty interest reserved 
                from conveyance in subsection (b)(2)(A) that is 
                required to be paid by the Tribe shall not include any 
                development, production, marketing, and operating 
                expenses.
                    ``(B) Federal tax responsibility.--The United 
                States shall bear responsibility for and pay--
                            ``(i) gross production taxes;
                            ``(ii) pipeline taxes; and
                            ``(iii) allocation taxes assessed against 
                        the gross production.
            ``(2) Report.--The Tribe shall submit to the Secretary of 
        Energy and to Congress an annual report on resource development 
        and other activities of the Tribe concerning the conveyance 
        under subsection (b).
            ``(3) Financial audit.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of this section, and every 5 years 
                thereafter, the Tribe shall obtain an audit of all 
                resource development activities of the Tribe concerning 
                the conveyance under subsection (b), as provided under 
                chapter 75 of title 31, United States Code.
                    ``(B) Inclusion of results.--The results of each 
                audit under this paragraph shall be included in the 
                next annual report submitted after the date of 
                completion of the audit.
    ``(f) River Management.--
            ``(1) In general.--The Tribe shall manage, under Tribal 
        jurisdiction and in accordance with ordinances adopted by the 
        Tribe, land of the Tribe that is adjacent to, and within \1/4\ 
        mile of, the Green River in a manner that--
                    ``(A) maintains the protected status of the land; 
                and
                    ``(B) is consistent with the government-to-
                government agreement and in the memorandum of 
                understanding dated February 11, 2000, as agreed to by 
                the Tribe and the Secretary.
            ``(2) No management restrictions.--An ordinance referred to 
        in paragraph (1) shall not impair, limit, or otherwise restrict 
        the management and use of any land that is not owned, 
        controlled, or subject to the jurisdiction of the Tribe.
            ``(3) Repeal or amendment.--An ordinance adopted by the 
        Tribe and referenced in the government-to-government agreement 
        may not be repealed or amended without the written approval 
        of--
                    ``(A) the Tribe; and
                    ``(B) the Secretary.
    ``(g) Plant Species.--
            ``(1) In general.--In accordance with a government-to-
        government agreement between the Tribe and the Secretary, in a 
        manner consistent with levels of legal protection in effect on 
        the date of enactment of this section, the Tribe shall protect, 
        under ordinances adopted by the Tribe, any plant species that 
        is--
                    ``(A) listed as an endangered species or threatened 
                species under section 4 of the Endangered Species Act 
                of 1973 (16 U.S.C. 1533); and
                    ``(B) located or found on the NOSR-2 land conveyed 
                to the Tribe.
            ``(2) Tribal jurisdiction.--The protection described in 
        paragraph (1) shall be performed solely under tribal 
        jurisdiction
    ``(h) Horses.--
            ``(1) In general.--The Tribe shall manage, protect, and 
        assert control over any horse not owned by the Tribe or tribal 
        members that is located or found on the NOSR-2 land conveyed to 
        the Tribe in a manner that is consistent with Federal law 
        governing the management, protection, and control of horses in 
        effect on the date of enactment of this section.
            ``(2) Tribal jurisdiction.--The management, control, and 
        protection of horses described in paragraph (1) shall be 
        performed solely--
                    ``(A) under tribal jurisdiction; and
                    ``(B) in accordance with a government-to-government 
                agreement between the Tribe and the Secretary.
    ``(i) Remedial Action at Moab Site.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary of Energy shall 
        prepare a plan for the commencement, not later than 1 year 
        after the date of completion of the plan, of remedial action 
        (including groundwater restoration) at the Moab site in 
        accordance with section 102(a) of the Uranium Mill Tailings 
        Radiation Control Act of 1978 (42 U.S.C. 7912(a)).
            ``(2) Limit on expenditures.--The Secretary shall limit the 
        amounts expended in carrying out the remedial action under 
        paragraph (1) to--
                    ``(A) amounts specifically appropriated for the 
                remedial action in an Act of appropriation; and
                    ``(B) other amounts made available for the remedial 
                action under this subsection.
            ``(3) Retention of royalties.--
                    ``(A) In general.--The Secretary of Energy shall 
                retain the amounts received as royalties under 
                subsection (e)(1).
                    ``(B) Availability.--Amounts referred to in 
                subparagraph (A) shall be available, without further 
                Act of appropriation, to carry out the remedial action 
                under paragraph (1).
                    ``(C) Excess amounts.--On completion of the 
                remedial action under paragraph (1), all remaining 
                royalty amounts shall be deposited in the General Fund 
                of the Treasury.
                    ``(D) Authorization of appropriations.--
                            ``(i) In general.--There are authorized to 
                        be appropriated to the Secretary of Energy to 
                        carry out the remedial action under paragraph 
                        (1) such sums as are necessary.
                            ``(ii) Continuation of nrc trustee 
                        remediation activities.--After the date of 
                        enactment of this section and until such date 
                        as funds are made available under clause (i), 
                        the Secretary, using funds available to the 
                        Secretary that are not otherwise appropriated, 
                        shall carry out--
                                    ``(I) this subsection; and
                                    ``(II) any remediation activity 
                                being carried out at the Moab site by 
                                the trustee appointed by the Nuclear 
                                Regulatory Commission for the Moab site 
on the date of enactment of this section.
            ``(4) Sale of moab site.--
                    ``(A) In general.--If the Moab site is sold after 
                the date on which the Secretary of Energy completes the 
                remedial action under paragraph (1), the seller shall 
                pay to the Secretary of Energy, for deposit in the 
                miscellaneous receipts account of the Treasury, the 
                portion of the sale price that the Secretary determines 
                resulted from the enhancement of the value of the Moab 
                site that is attributable to the completion of the 
                remedial action, as determined in accordance with 
                subparagraph (B).
                    ``(B) Determination of enhanced value.--The 
                enhanced value of the Moab site referred to in 
                subparagraph (A) shall be equal to the difference 
                between--
                            ``(i) the fair market value of the Moab 
                        site on the date of enactment of this section, 
                        based on information available on that date; 
                        and
                            ``(ii) the fair market value of the Moab 
                        site, as appraised on completion of 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 after paragraph (3) 
the following:
            ``(4) Designation as processing site.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Moab uranium milling site 
                (referred to in this paragraph 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.
                    ``(B) Applicability.--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--
                            ``(i) sections 103, 107(a), 112(a), and 
                        115(a) of this title shall not apply;
                            ``(ii) 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
                            ``(iii) the Secretary, subject to the 
                        availability of appropriations and without 
                        regard to section 104(b), shall conduct 
                        remediation at the Moab site in a safe and 
                        environmentally sound manner, including--
                                    ``(I) groundwater restoration; and
                                    ``(II) the removal, to at a site in 
                                the State of Utah, for permanent 
                                disposition and any necessary 
                                stabilization, of residual radioactive 
                                material and other contaminated 
                                material from the Moab Site and the 
                                floodplain of the Colorado River.''.

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:
    ``(f) Oil Shale Reserve Numbered 2.--This section does not apply to 
the transfer of Oil Shale Reserve Numbered 2 under section 3405.''.
                                 <all>