[Congressional Record Volume 147, Number 176 (Tuesday, December 18, 2001)]
[House]
[Pages H10179-H10181]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TREATMENT OF RECEIPTS FROM MINERAL LEASING ACTIVITIES ON CERTAIN NAVAL
OIL SHALE RESERVES
Mr. HEFLEY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2187) to amend title 10, United States Code, to make
receipts collected from mineral leasing activities on certain naval oil
shale reserves available to cover environmental restoration, waste
management, and environmental compliance costs incurred by the United
States with respect to the reserves, as amended.
The Clerk read as follows:
H.R. 2187
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. USE OF RECEIPTS FROM MINERAL LEASING ACTIVITIES ON
CERTAIN NAVAL OIL SHALE RESERVES.
Section 7439 of title 10, United States Code, is amended--
(1) in subsection (f)(1), by striking the second sentence;
and
(2) by adding at the end the following new subsection:
``(g) Use of Receipts.--(1) The Secretary of the Interior
may use, without further appropriation, not more than
$1,500,000 of the moneys covered into the Treasury under
subsection (f)(1) to cover the cost of any additional
analysis, site characterization, and geotechnical studies
deemed necessary by the Secretary to support environmental
restoration, waste management, or environmental compliance
with respect to Oil Shale Reserve Numbered 3. Upon the
completion of such studies, the Secretary of the Interior
shall submit to Congress a report containing--
``(A) the results and conclusions of such studies; and
``(B) an estimate of the total cost of the Secretary's
preferred alternative to address environmental restoration,
waste management, and environmental compliance needs at Oil
Shale Reserve Numbered 3.
[[Page H10180]]
``(2) If the cost estimate required by paragraph (1)(B)
does not exceed the total of the moneys covered into the
Treasury under subsection (f)(1) and remaining available for
obligation as of the date of submission of the report under
paragraph (1), the Secretary of the Interior may access such
moneys, beginning 60 days after submission of the report and
without further appropriation, to cover the costs of
implementing the preferred alternative to address
environmental restoration, waste management, and
environmental compliance needs at Oil Shale Reserve Numbered
3. If the cost estimate exceeds such available moneys, the
Secretary of the Interior may only access such moneys as
authorized by subsequent Act of Congress.''.
The SPEAKER pro tempore (Mr. Culberson). Pursuant to the rule, the
gentleman from Colorado (Mr. Hefley) and the gentleman from Guam (Mr.
Underwood) each will control 20 minutes.
The Chair recognizes the gentleman from Colorado (Mr. Hefley).
Mr. HEFLEY. Mr. Speaker, I yield myself such time as I may consume.
I would like to thank my leadership for scheduling this bill today.
It is my hope that, with the passage of this legislation, we can begin
the cleanup work on certain naval oil shale reserves and proceed with
the transfer we enacted on the floor 3 years ago.
I was the author of legislation which transferred these two oil shale
reserves from the Department of Energy to the Bureau of Land Management
in 1998. After a 10-year debate on the issue, even the Clinton
administration came to agree that there was little future in using oil
shale to fuel battleships and that these two reserves could be more
useful to the public as BLM properties managed for multiple use and
particularly for oil and gas leasing.
The State agency charged with promoting such development estimated as
much as $125 million in oil and gas revenues to be generated by the two
sites, to be split equally between Colorado and the Federal Government.
The early returns seemed to confirm this as the first lease sale in the
fall of 1999 generated $7 million, and that amount has since risen to
around $8.5 million. At the same time, it was acknowledged that cleanup
work needed to be done on the two sites, particularly at Anvil Point on
the naval oil shale reserve number 3, which was the site of a Bureau of
Mines experiment years before.
It was also acknowledged that a cost estimate for the cleanup could
only come through negotiation. Strangely, whoever held the site seemed
to feel it was an environmental hazard to all, while whoever no longer
had the site felt it was a matter of minimal danger, perhaps of no
danger at all. Because of this, it was agreed that the State Department
of Public Health and the Environment could serve as the mediator
between the two agencies and that the cleanup would be conducted to
State standards.
All of this moved along until late 1999 when the BLM approached my
office for help in funding the cleanup. As an interior solicitor had
concluded, a specific authorization was needed to allow BLM to assess
the leasing monies needed for the cleanup. This was further complicated
by the question of just who the proper authorizing committee was. The
transfer came about through the defense authorization of 1998, and the
Committee on Armed Services bill. The House Committee on Resources is
the normal authorizing committee for the BLM, but the Committee on
Appropriations, The Subcommittee on the Interior, often handled such
matters in the past, under BLM's standard authorization.
The bill before us, a Committee on Resources bill, would supply BLM
with the authorization it needs to undertake the cleanup at Anvil Point
and begin to realize the program first adopted in 1998. The
authorization would be for 5 years, meaning the cleanup should be
completed within that time.
If it were completed earlier, the two secretaries could certify as
much and the distribution of revenues could begin.
About a year ago, we were talking to Colorado BLM director Ann Morgan
about the problems surrounding the transfer. We thought we did this 3
years ago, we said. And she said, welcome to public lands management.
Unfortunately, I think she may be right.
Mr. Speaker, at this time I will insert for the Record documentation
in regard to this bill.
House of Representatives,
Committee on Resources,
Washington, DC, December 18, 2001.
Hon. W.J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce, Rayburn House
Office Building, Washington, DC.
Dear Mr. Chairman: Thank you for your earlier letter in
which you agreed to waive the Committee on Energy and
Commerce's additional referral of H.R. 2187, to amend title
10, United States Code, to make receipts collected from
mineral leasing activities on certain naval oil shale
reserves available to cover environmental restoration, waste
management, and environmental compliance costs incurred by
the United States with respect to the reserves. I agree that
your waiver does not affect your jurisdiction over the
subject matter of the bill, and I will support your request
to be presented on any conference on the bill, or a similar
matter, if one should become necessary.
A copy of your letter to me regarding this bill was
included in the Committee's bill report on H.R. 2187 (House
Report 107-202). I will be pleased to also include your
letter and my response in the Congressional Record during
today's debate on the measure.
Thank you for your cooperation in this matter, and I look
forward to working with you and your staff during the second
session of the 107th Congress.
Sincerely,
James V. Hansen,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, July 26, 2001.
Hon. James v. Hansen,
Chairman, Committee on Resources, Longworth House Office
Building, Washington, DC.
Dear Chairman Hansen: I am writing with regard to H.R.
2187, which was ordered reported with an amendment in the
nature of a substitute by the Committee on Resources on June
27, 2001. As you know, the Committee on Energy and Commerce
was named as an additional Committee of jurisdiction upon the
bill's introduction.
I recognize your desire to bring this bill before the House
in an expeditious manner. Accordingly, I will not exercise
the Committee's right to exercise its referral. By agreeing
to waive its consideration of the bill, however, the Energy
and Commerce Committee does not waive its jurisdiction over
H.R. 2187. In addition, the Energy and Commerce Committee
reserves its authority to seek conferees on any provisions of
the bill that are within its jurisdiction during any House-
Senate conference that may be convened on this or similar
legislation. I ask for your commitment to support any request
by the Energy and Commerce Committee for conferees on H.R.
2187 or similar legislation.
I request that you include this letter as a part of the
Committee's report on H.R. 2187 and in the Congressional
Record during debate on its provisions. Thank you for your
attention to these matters.
Sincerely,
W.J. ``Billy'' Tauzin,
Chairman.
Mr. Speaker, with that, I ask for the support of my colleagues of the
bill.
Mr. Speaker, I reserve the balance of my time.
Mr. UNDERWOOD. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. UNDERWOOD asked and was given permission to revise and extend
his remarks.)
Mr. UNDERWOOD. Mr. Speaker, the pending matter has already been
explained by the previous speaker. However, I would note that the bill
enjoys very strong bipartisan support, as it is also cosponsored by the
gentleman from Colorado (Mr. Udall) and was favorably reported by the
Committee on Resources by voice vote.
In its essence, the measure completes the legislative process for an
initiative which began several years ago with the enactment of the
fiscal year 1998 Defense Authorization Act.
Recognizing that there was no longer any need to keep what had been
formerly known as the Naval Oil Shale Reserve Number 3 in Colorado, off
limits to competitive Federal oil and gas leasing, this Act transferred
administrative jurisdiction over to the Department of the Interior. At
the same time, the Act required that receipts from preexisting
federally-owned oil and gas developments, once sold, as well as any new
Federal oil and gas leases within the area, be used to finance the
remediation of a legacy of environmental contamination at the site.
However, the release of these receipts to pay for the environmental
restoration activities was subjected to a future authorization. This is
what the measure before us today provides.
Mr. Speaker, this is a noncontroversial measure. I urge its passage.
I congratulate the gentleman from Colorado (Mr. Hefley).
Mr. Speaker, seeing no further speakers, I yield back the balance of
my time.
Mr. HEFLEY. Mr. Speaker, I have no further speakers. I encourage
support for this bill.
[[Page H10181]]
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Colorado (Mr. Hefley) that the House suspend the rules
and pass the bill, H.R. 2187, 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.
____________________