[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.

                          ____________________