[Congressional Record Volume 142, Number 67 (Tuesday, May 14, 1996)]
[House]
[Pages H4920-H4921]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   URANIUM MILL TAILINGS RADIATION CONTROL ACT OF 1978 AUTHORIZATION 
                               EXTENSION

  Mr. SCHAEFER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2967) to extend the authorization of the Uranium Mill 
Tailings Radiation Control Act of 1978, and for other purposes, as 
amended.
  The Clerk read as follows:

                               H.R. 2967

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REFERENCE.

       Whenever in this Act (other than in section 3) an amendment 
     or repeal is expressed in terms of an amendment to, or repeal 
     of, a section or other provision, the reference shall be 
     considered to be made to a section or other provision of the 
     Uranium Mill Tailings Radiation Control Act of 1978.

     SEC. 2. TERMINATION; AUTHORIZATION.

       Section 112(a) (42 U.S.C. 7922(a)) is amended to read as 
     follows:
       ``(a)(1) The authority of the Secretary to perform remedial 
     action under this title shall terminate on September 30, 
     1998, except that--
       ``(A) the authority of the Secretary to perform groundwater 
     restoration activities under this title is without 
     limitation, and
       ``(B) the Secretary may continue operation of the disposal 
     site in Mesa County, Colorado (known as the Cheney disposal 
     cell) for receiving and disposing of residual radioactive 
     material from processing sites and of byproduct material from 
     property in the vicinity of the uranium milling site located 
     in Monticello, Utah, until the Cheney disposal cell has been 
     filled to the capacity for which it was designed, or 
     September 30, 2023, whichever comes first.
       ``(2) For purposes of this subsection, the term `byproduct 
     material' has the meaning given that term in section 11e.(2) 
     of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)).''.

     SEC. 3. REMEDIAL ACTION AT ACTIVE PROCESSING SITES.

       (a) Section 1001.--Section 1001 of the Energy Policy Act of 
     1992 (42 U.S.C. 2296a) is amended--
       (1) in subsection (b)(2)(A), by striking ``$5.50'' and 
     inserting ``$6.25'';
       (2) in subsection (b)(2)(B), by striking ``$270,000,000'' 
     and inserting ``$350,000,000'';
       (3) in subsection (b)(2)(C), by striking ``$40,000,000'' 
     and inserting ``$65,000,000'';
       (4) in subsection (b)(2)(E)(i), by striking ``$5.50'' and 
     inserting ``$6.25''; and
       (5) in subsection (b)(2)(E)(ii), by striking ``$5.50'' and 
     inserting ``$6.25''.
       (b) Section 1003.--Section 1003 of such Act (42 U.S.C. 
     2296a-2) is amended by striking ''$310,000,000'' and 
     inserting ``$415,000,000''.

     SEC. 4. REMEDIAL ACTION FOR THE DISPOSAL OF RADIOACTIVE 
                   MATERIALS.

       (a) Section 104.--Section 104(d) (42 U.S.C. 4914(d)) is 
     amended by adding at the end the following: ``For purposes of 
     this subsection, the term `site' does not include any 
     property described in section 101(6)(B) which is in a State 
     which the Secretary has certified has a program which would 
     achieve the purposes of this subsection.''.
       (b) Section 108.--Section 108(a)(1) (42 U.S.C. 7918(a)(1)) 
     is amended by adding at the end the following: ``Residual 
     radioactive material from a processing site designated under 
     this title may be disposed of at a facility licensed under 
     title II under the administrative and technical requirements 
     of such title. Disposal of such material at such a site in 
     accordance with such requirements shall be considered to have 
     been done in accordance with the administrative and technical 
     requirements of this title.''
       (c) Section 115.--Section 115(a) (42 U.S.C. 7925(a)) is 
     amended by adding at the end the following: ``This subsection 
     does not prohibit the disposal of residual radioactive 
     material from a processing site under this title at a site 
     licensed under title II or the expenditure of funds under 
     this title for such disposal.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Colorado [Mr. Schaefer] and the gentleman from New Jersey [Mr. Pallone] 
each will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Colorado [Mr. Schaefer].
  Mr. SCHAEFER. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. SCHAEFER asked and was given permission to revise and extend his 
remarks.)
  Mr. SCHAEFER. Mr. Speaker, H.R. 2967 reauthorizes the Uranium Mill 
Tailings Radiation Control Act, the 1978 law which has been cleaning up 
the radioactive contamination created by uranium milling operations. 
The program has been a valuable and generally successful endeavor, and 
has already completed remediation at a number of uranium milling sites, 
many of which had been abandoned and at which mill tailings were simply 
left out on the open ground.
  At title I sites, all of the contamination was generated by Federal 
activities. For the most part, the tailings were created in the process 
of obtaining supplies of uranium for the Manhattan Project, which 
produced America's first nuclear weapons. It is fitting that the 
Federal Government should be responsible for cleaning up these wastes, 
and the statute maintains a 90 percent Federal, 10 percent State split 
for remediation of these sites. Title II sites encompass a range of 
areas which have combined tailings of both Federal and private 
responsibility. At those sites, the private owners remediated the 
contamination, then are reimbursed by the Government for that share of 
tailings which can be traced to Federal activities.
  The bill before us extends the authority for title I cleanup from 
1996 to 1998. DOE is confident that all its title I sites can be 
cleaned up by that time. The bill also incorporates a number of changes 
to ensure that the program can continue to function in an efficient and 
responsible manner. First, the bill includes an authorization for DOE 
to keep one of its title I disposal cells open for the receipt of 
additional tailings from its Grand Junction and Monticello sites. 
Second, it increases the authorization of expenditures for the 
Government's share of its costs at title II sites, so that the Federal 
Government bears a more equitable share of its financial responsibility 
at these sites. Third, the bill clears up an ambiguity in the current 
statute to ensure that title I tailings can be disposed of at licensed 
title II sites. Finally, H.R. 2967 gives the DOE flexibility with the 
current statute's deed annotation requirement if the affected State has 
a sufficient program of landowner notification already in place. All of 
these changes will be of great benefit to the program, and were worked 
out in a very bipartisan manner within the Commerce Committee. In that 
regard, I would especially like to thank Mr. Dingell and the ranking 
member of the Energy and Power Subcommittee, Mr. Pallone, for their 
efforts to move this bill forward. I would also like to thank Mr. 
Hastert for his contributions and involvement in this important issue.
  Without this legislation DOE will be unable to continue its cleanup 
of the remaining title I sites. H.R. 2967 is a responsible measure--a 
positive measure--which allows the Federal Government to continue to 
clean up its environmental liabilities at uranium mill sites. I 
strongly recommend the bill's approval by the House.

                              {time}  1515

  Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to offer my support for H.R. 2967. The 
legislation was considered in the Committee on Commerce and voted out 
with full support from both sides of the aisle.
  I did have some concerns about provisions affecting deed records so 
that potential homeowners would know whether or not a property had been 
polluted and, if so, whether the problem had been remediated. 
Fortunately, we were able to work this out to everyone's satisfaction 
in the committee.
  I want to thank Chairman Schaefer for his assistance in perfecting 
this legislation. I am very happy to support it today.

[[Page H4921]]


  Mr. RICHARDSON. Mr. Speaker, I support H.R. 2967 because it 
reauthorizes the remediation activities of environmental damage created 
at uranium mill sites. Without this legislation, the current 
authorization for cleanup will expire on September 30, 1996.
  Uranium mill tailings were created as a result of Federal Government 
activities to secure supplies of uranium for the Manhattan project--a 
top-secret activity designed to build the world's first nuclear 
weapon--located in my congressional district in New Mexico. This 
development lead to continued production of nuclear weapons and the use 
of nuclear energy production for electric generation.
  The milling process separates high-grade uranium from low-grade 
surrounding rock. These high volume sand-like leftovers emit low levels 
of radioactivity and consequently need to be disposed of properly by 
the Department of Energy.
  The original Uranium Mill Tailings Control Act of 1978 provided for 
the cleanup of 22 title I sites--abandoned and inactive sites which 
were used primarily for Federal purposes.
  Due to the significant volume of tailings to be remediated and more 
strict cleanup standards imposed after the 1978 act, more time and 
additional funds are necessary to complete the Department of Energy's 
activities.
  H.R. 2967 will allow the Department an additional 2 years to safely 
complete the cleanup process. This is a good piece of legislation which 
will address public health and environmental concerns in many western 
States. I urge you to vote in favor of H.R. 2967.
  Mr. ALLARD. Mr. Speaker, I rise in strong support of H.R. 2967, a 
bill to extend the authorization of the Uranium Mill Tailings Radiation 
Control Act [UMTRCA] through 1998.
  This bill is sound environmental cleanup legislation, and it marks 
the final chapter of the cold war. The mill tailings date back to the 
Manhattan project of 1942 and the national security purchases of 
uranium by the Federal Government from 1947 to 1970. During this 
period, there were no environmental cleanup standards for mill sites, 
nor were any standards enacted into law until the 1970's. The United 
States and the free world benefited from this program; therefore, it is 
just that the Federal Government pay for its share of cleanup costs.
  Of particular note is the environmental reclamation project at Uravan 
on Colorado's western slope. The mill tailings date back to Madam 
Curie's radium research at the turn of the century. In 1942, as part of 
the war effort, the Manhattan Army Engineering District contracted with 
UMETCO Minerals Corp. for uranium produced at the site.
  Today, UMETCO is in the process of restoring the environment to its 
former natural beauty. This has been a true success story for the 
Department of Energy, State of Colorado, local government entities, and 
UMETCO. The accomplishments of this project clearly demonstrate that 
the public and private sector can work together to preserve the 
environment.
  In closing, I would also like to point out that the UMTRCA 
legislation is fiscally responsible. In Colorado, $100,000,000 will be 
saved by keeping the Cheney disposal facility near Grand Junction open 
so that the mill tailings that are uncovered in future road and nearby 
utility repair work can be disposed of in the future.
  Mr. Speaker, this piece of legislation is effective in preserving the 
environment and should be promptly enacted into law.
  I commend my good friend from Colorado [Mr. Schaefer] on this sound 
environmental legislation which takes into account the needs of 
Colorado communities and the budgetary constraints of the Federal 
Government.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SCHAEFER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Combest). The question is on the motion 
offered by the gentleman from Colorado [Mr. Schaefer] that the House 
suspend the rules and pass the bill, H.R. 2967, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________