[Congressional Record Volume 146, Number 62 (Thursday, May 18, 2000)]
[Senate]
[Pages S4192-S4193]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BENNETT:
  S. 2588. 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; to the Committee on Armed Services.


                     ute-moab land restoration act

 Mr. BENNETT. Mr. President, I take the floor today to 
introduce the Ute-Moab Land Restoration Act, a proposal that enjoys 
great support from the State of Utah and many of my constituents. This 
legislation contains two major components that will enable the 
restoration of Ute Indian Tribal lands and the remediation of a uranium 
mill tailings site near Moab, Utah.
  The first component is the transfer of the Naval Oil Shale Reserve 
Numbered 2 (NOSR 2) lands east of the Green River to the Ute Indian 
Tribe. The lands that contain the NOSR 2 were taken from the Ute tribe 
in 1916 by the government to provide the Navy with a source of 
petroleum for oil-burning ships. This transfer will return these 
traditional homelands to the Ute tribe. Additionally, the return of 
these lands will spur economic development on the Uintah and Ouray 
Indian Reservation, home of the Ute Tribe. The increased economic 
development will include oil and gas production. It should be noted 
that the Ute Tribe has a history of environmentally responsible 
petroleum development on one of Utah's largest oil and gas fields. The 
bill also incorporates a provision whereby a nine percent royalty will 
be returned to the Secretary of Energy for the purposes of offsetting 
the cost of removing the Atlas tailings pile as I shall describe in a 
moment. I expect the tribe will give all future petroleum developments 
the same amount of care they have demonstrated in the past.
  The economy of the Uintah Basin will not be the sole beneficiary of 
the land transfer. There are numerous conservation provisions 
incorporated into the transfer. These provisions include the 
establishment of a quarter mile corridor along 75 miles of the Green 
River to conserve its scenic qualities and protections for wild horses 
and threatened and endangered plants life.
  The second component will facilitate the removal of the tailings from 
the Atlas uranium milling site across the Colorado River from Moab, 
Utah. It should be noted that the determination to locate the Atlas 
milling facility at MOAB was driven by encouragement from the former 
Atomic Energy Commission. Further, the Department of Energy (DOE) bears 
responsibility for approximately 56 percent of the 10.5 million tons of 
mildly radioactive debris left as a residue from the Cold War and our 
nation's effort to maintain its nuclear weapons stockpile. These 
tailings, produced from 156 to 1988, are currently leaching ammonia 
into the waters of the Colorado River. Additionally, the pile is a 
significant source of airborne radon. Both of these pollutants need to 
be addressed.
  In January of this year, Secretary of Energy Bill Richardson 
announced the intention of DOE to move the Atlas tailings pile to a 
remote location where this waste could be contained in a sealed cell. 
This proposal follows work done previously by DOE on 22 former uranium 
mill tailings sites. The legislation I am introducing today amends the 
Uranium Mill Tailings Radiation Control Act (UMTRCA) by adding the 
Atlas tailings site as the 23rd site for DOE remediation.

  I note that the U.S. Nuclear Regulatory Commission conducted a 
lengthy five-year environmental impact statement on the Atlas site. Its

[[Page S4193]]

conclusion held that the site could be remediated in place by 
dewatering the pile, treating the ground water, and capping the 
tailings. Indeed, the NRC has appointed a trustee that is moving 
forward with this remediation process today. However, given the 
interests of the State of Utah and the people of Grand County, I am 
introducing this legislation so the tailings can be removed and treated 
in a more secure manner.
  I am concerned that securing the funding for this clean-up may be 
difficult. Therefore, I have a included a provision which will enable 
the NRC trustee to continue on-site remediation up to the point that 
DOE obtains the necessary appropriations to step up and take over the 
process. I believe this is the responsible approach to ensure that 
public health and the environment are protected regardless of the 
outcome of future appropriations.
  I look forward to working with my colleagues in moving this 
legislation forward and restoring these Utah lands.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2588

       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 
     ________