[Congressional Record Volume 141, Number 199 (Thursday, December 14, 1995)]
[Senate]
[Pages S18662-S18664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

       By Mr. GRAMS:
  S. 1478. A bill to facilitate the ability of a private consortium to 
site, design, license, construct, operate, and decommission a private 
facility for the interim storage of commercial spent nuclear fuel, 
subject to licensing by the Nuclear Regulatory Commission, to authorize 
the Secretary of Energy to contract with the consortium for storage 
services, and for other purposes; to the Committee on Energy and 
Natural Resources.


      THE PRIVATE INTERIM STORAGE FACILITY AUTHORIZING ACT OF 1995

 Mr. GRAMS. Mr. President, on the heels of today's Senate 
Energy and Natural Resources Committee hearing on legislation to amend 
the Nuclear Waste Policy Act, I am introducing legislation to privatize 
the Federal spent fuel interim storage program. It is my understanding 
that the House plans to act on similar legislation before the Christmas 
recess. Today's hearing, coupled with the introduction of my bill 
should provide the impetus for timely action in the full Senate.
  When the Energy Committee held a hearing on various nuclear waste 
policy proposals earlier this year, all of our witnesses agreed that 
the ``1998'' date is critical in this debate. With 1996 only a few 
weeks away, the deadline is rapidly approaching and we are no closer to 
resolving this issue than the last time Congress enacted nuclear waste 
legislation [1987].
  But it is not like we haven't seen this deadline coming. For 16 
years, the Department of Energy has been charged with the 
responsibility of our civilian spent fuel. In that time, DOE has spent 
nearly $5 billion of ratepayers' money--including over $250 million 
from Minnesota's electric customers. And yet here we sit, debating the 
issue of exactly what to do with America's civilian nuclear waste.
  But the Department of Energy just continues to go round in circles. 
First, they said we can store waste at Yucca Mountain; then they tell 
us we can't force it on Nevada. Then DOE says they can't meet the 1998 
deadline--and even claim they aren't legally bound to do so; then they 
tell us they can, if only Congress would ``untie'' their hands. The 
latest was that an interim facility couldn't be complete for 7 years at 
a cost of nearly $400 million; then their testimony says it could be 

[[Page S18663]]
done in 4 at a third of the cost. It is hard to tell what is truth and 
what is fiction for the DOE anymore. It is my hope that today's hearing 
will help us find out.
  For the past few months, I have met with and carefully reviewed 
reports and studies by the General Accounting Office, independent 
groups, former DOE employees, and even former Energy Secretary Watkins 
on this issue. I found there is strong support for removing the 
civilian waste program from DOE--and that support grows even stronger 
when we focus specifically on privatizing the interim storage program.
  After years of working on this issue with Minnesota's ratepayers, 
utilities and State officials, I am convinced that privatizing the 
interim storage program remains our last, best hope for getting waste 
out of Minnesota and the other 30 plus States which are struggling with 
this issue.
  Later today, I will be introducing the Private Interim Storage 
Facility Authorizing Act of 1995. My legislation targets one small--but 
key--component of the overall Federal nuclear waste program.
  Privatizing the interim waste storage program offers three key 
benefits--it saves money, it provides relief to States such as 
Minnesota that are faced with on-site storage restrictions, and it 
protects the environment.
  And as with most initiatives, privatizing the interim storage program 
would improve efficiency and lower costs to the taxpayers. Based upon 
the business plan for the Mescalero private initiative, a private 
interim facility could be completed for approximately $135 million and 
done in time to meet the 1998 deadline.
  That is hundreds of millions of dollars less than what the Office of 
Civilian Radioactive Waste Management originally quoted earlier this 
summer. And while DOE has revised its estimates downward in recent 
weeks, it is only because of the undisputable cost data for the 
Mescalero project.
  Competition always reduces costs, particularly when it is with the 
Federal Government--the Mescalero project is proof of that. With the 
Mescalero initiative moving forward while congressional action has 
stalled--some have asked if this venture could resolve the interim 
issue. The short answer would be ``yes,'' in fact, 20 utilities are now 
participating in this private venture.
  But Congress and the DOE have the legal responsibility to resolve 
this issue. And we have the responsibility of ensuring it is done by 
1998.
  Mr. President, I believe focusing on the interim storage 
privatization not only represents a workable option, but it also 
provides a ``win-win'' for ratepayers, for States, and for the 
environment. Therefore, I would encourage my colleagues to join with me 
in cosponsoring the Private Interim Storage Facility Authorizing Act of 
1995.
                                 ______

      By Mr. SARBANES (for himself and Ms. Mikulski):
  S. 1479. A bill to amend the Surface Mining Control and Reclamation 
Act of 1977 to improve control of acid mine drainage, and for other 
purposes; to the Committee on Energy and Natural Resources.


              the acid mine drainage abatement act of 1995

  Mr. SARBANES. Mr. President, today I am introducing legislation, 
together with my colleague, Senator Mikulski, to help address a serious 
pollution problem--acidic runoff from abandoned coal mines--which 
continues to degrade the water quality of our Nation's rivers and 
streams. My legislation would provide States with increased flexibility 
to utilize their allocations under the Abandoned Mine Reclamation Fund 
for environmental remediation activities.
  Abandoned mine drainage is the unfortunate legacy of coal mining in 
the years before environmental laws were enacted requiring coal 
companies to reclaim mined land. After the coal was extracted, the land 
was left riddled with coal waste, known as gob piles, and pock-marked 
with holes. The mining activity also unearthed sulfur compounds and 
metals such as aluminum, manganese and iron. When exposed to the 
elements, the sulfur compounds produce sulfuric acid which in turn 
leaches metal loads into the streams, poisoning the water and killing 
fish and plant life. There are in excess of 7,600 miles of streams in 
11 States that are adversely affected by abandoned mine drainage.
  In the Appalachian region, which suffers the most serious mine 
drainage problems, the acidic runoff has left a major segment of our 
Nation's river, the Potomac River, virtually devoid of life. Much of 
the North Branch of the Potomac, from its headwaters near Kempton, MD, 
to the Jennings Randolph Lake, is biologically dead. Nearly 700 miles 
of the North Branch's streams are currently incapable of supporting 
fish and other aquatic life because of the drainage. Along this stretch 
of the Potomac there are over 4,000 acres of abandoned mine lands, 
including the worst offender, Kempton Mines, which discharges 
approximately 3 million gallons of abandoned mine drainage each day.
  The Surface Mining Control and Reclamation Act of 1977 [SMCRA] 
established a regulatory program for current mining activities 
requiring land reclamation and control of acid drainage at active mine 
sites to assure that today's mines do not become tomorrow's abandoned 
mines. It also established an abandoned mine land reclamation [AML] 
fund, paid for by a fee imposed on current mining production, to 
address problems caused by abandoned coal mines. Current law and 
regulations require that priority be placed on alleviating public 
health and safety problems posed by abandoned mine lands. However, 
States are authorized to set aside up to 10 percent of their 
allocations under the AML fund annually into a special account for 
addressing adverse environmental effects caused by abandoned mine acid 
drainage. These funds are insufficient to clean up the acid mine 
drainage problems.
  My bill would provide greater flexibility for States to use existing 
abandoned mine reclamation funds for acid mine drainage, as well as 
health and safety problems. Specifically, it would increase from 10 to 
30 percent, or $1 million, whichever is greater, the portion of a 
State's AML funds that could be set aside for addressing environmental 
problems caused by acid drainage.
  Mr. President, great progress has been made in restoring the health 
of America's rivers in the 3 decades since President Lyndon Johnson 
vowed to make the Potomac a national model for restoring the Nation's 
waters. Today, much of the Potomac is a haven for fish and wildlife and 
provides tremendous recreational and economic opportunities. However, 
the North Branch of the Potomac remains in marked contrast to these 
improvements. The States of Maryland and West Virginia and the 
Interstate Commission on the Potomac River Basin have been working 
together in a cooperative effort to restore the North Branch's health, 
thereby improving the quality of life and opening new opportunities for 
economic development, tourism and outdoor recreation. Unfortunately, 
the job cannot be accomplished without the assistance made available 
under this legislation. The North Branch of the Potomac is only one of 
many areas that could greatly benefit from improved environmental 
conditions made possible by this measure.
  I urge my colleagues to join me in supporting this bill in order to 
provide States with the flexibility and additional resources needed to 
better address environmental problems associated with acid mine 
drainage.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1479

         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 ``Acid Mine Drainage Abatement 
     Act of 1995''.

     SEC. 2. ACID MINE DRAINAGE.

       Section 402(g) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1232(g)) is amended--
       (1) in paragraph (6)--
       (A) by striking ``either'' and all that follows through 
     ``trust fund'' and inserting ``a special trust fund''; and
       (B) by striking ``1995,'' and all that follows through the 
     end of the paragraph and inserting ``1995.''; and
       (2) by striking paragraph (7) and inserting the following:
       
[[Page S18664]]

       ``(7)(A) Any State may receive and retain, without regard 
     to the 3-year limitation referred to in paragraph (1)(D), 
     amounts up to the greater of $1,000,000 or 30 percent of the 
     total of the grants made annually to the State under this 
     subsection if the amounts are deposited in an acid mine 
     drainage abatement and treatment fund established under State 
     law under which the amounts (together with all interest 
     earned on the amounts) are expended by the State to undertake 
     acid mine drainage abatement and treatment projects.
       ``(B) A project that is funded out of an acid mine drainage 
     abatement and treatment fund under subparagraph (A) shall 
     provide for the abatement of the causes of the treatment of 
     the effects of acid mine drainage from lands and waters that 
     are eligible under section 404.''.

                          ____________________