[House Report 104-536]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-536
_______________________________________________________________________


                             EXTENDING THE
 
AUTHORIZATION OF THE URANIUM MILL TAILINGS RADIATION CONTROL ACT OF 1978
                                _______


 April 24, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                        [To accompany H.R. 2967]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Commerce, to whom was referred the bill 
(H.R. 2967) to extend the authorization of the Uranium Mill 
Tailings Radiation Control Act of 1978, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Roll Call Votes..................................................     5
Committee Oversight Findings.....................................     5
Committee on Government Reform and Oversight.....................     5
New Budget Authority and Tax Expenditures........................     5
Committee Cost Estimate..........................................     6
Congressional Budget Office Estimate.............................     6
Inflationary Impact Statement....................................     8
Advisory Committee Statement.....................................     8
Section-by-Section Analysis of the Legislation...................     8
Changes in Existing Law Made by the Bill, as Reported............    10

                               Amendment

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.''.

                          Purpose and Summary

    The purpose of H.R. 2967 is to reauthorize the Uranium Mill 
Tailings Radiation Control Act of 1978 (P.L. 95-604, UMTRCA), 
which authorizes the Department of Energy (DOE) and private 
parties to remediate the radioactive contamination created by 
uranium milling activities. The measure changes the expiration 
date for Title I remediation from September 30, 1996 to 
September 30, 1998 and makes several statutory changes to 
improve the operation of the program.

                  Background and Need for Legislation

    The Uranium Mill Tailings Radiation Control Act (P.L. 95-
604) was passed in 1978 to remediate the environmental damage 
created at uranium mill sites. Most of the uranium mill 
tailings were created as a result of Federal government 
activities to secure supplies of uranium and thorium for the 
Manhattan project, which developed the use of atomic energy and 
produced the nation's first nuclear weapons.
    The milling process takes raw uranium ore from a mine site, 
crushes the ore, then separates the higher grade uranium from 
low-grade surrounding rock and other materials. Uranium mill 
tailings are the uneconomical remnants of this separation 
process. Mill tailings are generally sand-like in appearance, 
and while emitting a very low level of radioactivity, comprise 
high volumes of material. The primary contaminant is radium, 
which emits radon gas, a suspected carcinogen.
    The original Act provided for the cleanup of 22 inactive 
mill sites, at which nearly all the contamination resulted from 
activities of the Federal government's atomic energy programs. 
UMTRCA also includes provisions for the Federal government to 
assist with the cleanup of active mill sites at which uranium 
and thorium mill tailings are ``co-mingled'', that is, tailings 
have been generated as a result of both commercial (for 
ultimate end use as fuel rods in commercial nuclear reactors) 
and Federal government use (typically, in U.S. strategic 
defense applications).
    Title I sites are those abandoned and inactive sites at 
which the wastes were generated primarily for Federal 
activities. The cost of remediation at these sites is divided 
between the Federal government (90 percent) and the affected 
State (10 percent). At Title II sites, the cost is primarily 
borne by the private firm owning the site, with a proportional 
Federal payment for the cost of remediating wastes generated 
for Federal activities. The original Act established 1990 as 
the completion date for all Title I surface activities. Due to 
a significant increase in the volume of tailings to be 
remediated and higher cleanup standards imposed since the 1978 
date, both the Department of Energy's costs and time required 
to complete activities has been lengthened. In 1982, DOE 
estimated remediation costs would total $1.7 billion. A 
December 1995 report by the General Accounting Office (GAO) 
entitled ``Uranium Mill Tailings: Cleanup Continues But Future 
Costs Uncertain'' indicates that the current totals for 
remediation costs will be about $2.3 billion, a 37 percent 
increase over DOE's 1982 projections. For Fiscal Year 1996, it 
is anticipated that DOE will spend close to the $80 million 
funding request at Title I sites. For Title II sites, a total 
of $42 million in Federal assistance was appropriated in Fiscal 
Year 1996.
    The current authorization for Title I remediation 
activities expires on September 30, 1996. At present, however, 
cleanup has been completed at only 16 of the 24 Title I sites. 
The Department fully expects that surface cleanup of all Title 
I sites will be completed by September of 1998. Still 
unresolved is the disposition of two Title I sites in the State 
of North Dakota, at which the State is not willing to 
contribute its 10 percent share of cleanup costs. At this 
point, DOE does not plan to remediate these sites.
    There are also a number of outstanding issues surrounding 
the future operation of the program. The Environmental 
Protection Agency (EPA) only released the groundwater 
remediation standards for Title I sites in January of 1995. As 
a result, DOE has only recently begun to implement groundwater 
remediation at Title I sites, the total cost of which will be 
at least $147 million. There are also a handful of Title I 
sites at which tailings were left in place under the EPA's 
supplemental standards for remediation. The supplemental 
standards allow for the waiver of environmental cleanup 
standards in certain circumstances, including those which would 
directly produce environmental harm in excess of the resulting 
health benefits or which have unreasonably high costs relative 
to the benefits in the event that the tailings do not pose a 
clear present or future hazard. At the Grand Junction, Colorado 
site, for example, while over 2 million cubic yards of tailings 
were remediated, over 1 million cubic yards of material were 
left in place under the supplemental standards. The majority of 
the remaining tailings have been used as fill material in road 
beds and along utility corridors, where their risk to human 
health is minimized. However, these tailings will certainly be 
disturbed during future excavations for road or utility 
repairs. At that point, it would seem prudent to properly 
dispose of these materials as required under the statute. At 
present, however, DOE does not have the authority to re-open 
cleanup cells to accept such wastes in the future. One of the 
issues discussed at the February 28, 1996 hearing revolved 
around the need for such authority, so that DOE would have the 
future ability to dispose of waste which remains in place at 
vicinity properties.

                                Hearings

    The Subcommittee on Energy and Power held a legislative 
hearing on H.R. 2967 on February 28, 1996. Testifying at the 
hearing were James Owendoff, Deputy Assistant Secretary for 
Environmental Remediation, U.S. Department of Energy; Ms. 
Bernice Steinhardt, Associate Director, Resources, Community 
and Economic Development Division, U.S. General Accounting 
Office; Mr. Howard A. Roitman, Division Director, Hazardous 
Materials and Waste Management Division, State of Colorado 
Department of Public Health and Environment; Mr. Curtis O. 
Sealy, General Manager, Umetco Minerals Corporation; and Mr. 
Tom J. McDaniel, Senior Vice President, Kerr-McGee Corporation.

                        Committee Consideration

    On March 5, 1996, the Subcommittee on Energy and Power met 
in open markup session and approved H.R. 2967, a bill to 
reauthorize the Uranium Mill Tailings Radiation Control Act, 
with an amendment in the nature of a substitute for Full 
Committee consideration by a voice vote, a quorum being 
present.
    On March 13 1996, the Committee met in open markup session 
and ordered H.R. 2967 reported to the House, as amended, by a 
voice vote, a quorum being present.

                            Roll Call Votes

    Clause 2(l)2(B) of rule XI of the Rules of the House 
requires the Committee to list the recorded votes on the motion 
to report legislation and amendments thereto. There were no 
recorded votes taken in connection with ordering H.R. 2967 
reported or in adopting the amendment. The voice votes taken in 
Committee are as follows:

   Committee on Commerce--104th Congress, Voice Votes, March 13, 1996

    Bill: H.R. 2967, A bill to reauthorize the Uranium Mill 
Tailings Radiation Control Act.
    Amendment: Amendment by Mr. Schaefer re: allow the 
Secretary of Energy to exempt the Federal deed annotation 
requirement for vicinity properties if the State has a program 
of its own to notify prospective purchasers.
    Disposition: Agreed to, by a voice vote.
    Motion: Motion by Mr. Bliley to order H.R. 2967, as 
amended, reported to the House.
    Disposition: Agreed to, by a voice vote.

                      Committee Oversight Findings

    Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of 
the House of Representatives, the Committee held a legislative 
hearing and made findings that are reflected in this report.

              Committee on Government Reform and Oversight

    Pursuant to clause 2(l)(3)(D) of rule XI of the Rules of 
the House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform and Oversight.

               New Budget Authority and Tax Expenditures

    In compliance with clause 2(l)(3)(B) of rule XI of the 
Rules of the House of Representatives, the Committee states 
that H.R. 2967 would result in no new or increased budget 
authority or tax expenditures or revenues.
    For the share of the Federal government's liabilities at 
Title II sites, H.R. 2967 increases the maximum allowable 
reimbursement per dry short ton of mill tailings from $5.50 to 
$6.25. It also increases the overall authorization levels for 
such reimbursement from $270 million to $350 million for active 
site uranium licensees and from $40 million to $65 million for 
thorium licensees, for a combined increase from $310 million to 
$415 million. While the legislation increases the authorization 
levels for the Secretary's reimbursement of that portion of the 
Federal government's liability at Title II sites, there is no 
increase in the overall authorization level for the Uranium 
Enrichment Decontamination and Decommissioning Fund (D&D Fund), 
which covers all Federal activities related to the 
decontamination and decommissioning of the government's uranium 
enrichment facilities and its responsibilities at Title II 
UMTRCA sites. The Committee does not anticipate that any 
increase in the D&D Fund will be necessary to accomplish the 
objectives of H.R. 2967.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 403 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of 
the House of Representatives, following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
403 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 5, 1996.
Hon. Thomas J. Bliley, Jr.
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2967, a bill to 
extend the authorization of the Uranium Mill Tailings Radiation 
Control Act of 1978, and for other purposes.
    Enactment of H.R. 2967 would not affect direct spending or 
receipts. Therefore pay-as-you-go procedures would not apply to 
the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

               congressional budget office cost estimate

    1. Bill number: H.R. 2967.
    2. Bill title: A bill to extend the authorization of the 
Uranium Mill Tailings Radiation Control Act of 1978, and for 
other purposes.
    3. Bill status: As ordered reported by the House Committee 
on Commerce on March 13, 1996.
    4. Bill purpose: The Uranium Mill Tailings Radiation 
Control Act (UMTRCA) authorizes the Department of Energy (DOE) 
to undertake remedial cleanup actions at inactive uranium 
millings sites across the country. In addition, UMTRCA 
authorizes DOE to reimburse private operators of active uranium 
or thorium processing sites for a portion of the costs to 
decontaminate, decommission, and reclaim such sites. The amount 
of reimbursement is tied to the amount of mill tailings at each 
site attributable to the sale of nuclear materials to the 
federal government.
    H.R. 2967 would increase the authorization of 
appropriations for remedial actions at active uranium and 
thorium processing sites from $310 million to $415 million. The 
bill would also change the formula used to calculate 
reimbursements due to eligible operators of uranium and thorium 
processing sites. Section 3 would increase the ceiling on such 
reimbursements from $5.50 per ton of mill tailings to $6.25 per 
ton. Hence, the bill could increase the reimbursement payments 
to some operators of active sites.
    H.R. 2967 also would extend the authorization to continue 
remediation activities at inactive processing sites through 
1998.
    5. Estimated cost to the Federal Government: H.R. 2967 
would increase the authorization of appropriations for 
reimbursing eligible parties for conducting remedial actions at 
active uranium and thorium processing sites from $310 million 
to $415 million. Since the program's inception in 1994, the 
Congress has appropriated about $42 million annually for this 
activity. CBO estimates that continuing to fund the program at 
this level would be sufficient to meet the claims for 
reimbursements from eligible parties over the next several 
years. CBO also estimates that extending the authorization to 
continue remediation activities at inactive processing sites 
would cost $69 million over the 1997-2000 period, assuming 
appropriations of $43 million in 1997 and $26 million in 1998. 
As shown in the following table, we estimate spending totaling 
$412 million over the 1996-2000 period for the combination of 
active and inactive sites. Of this amount, $69 million would be 
attributable to the authorization in this bill. Additional 
amounts would be spent after 2000 for reimbursing the costs of 
cleanup at active sites.

----------------------------------------------------------------------------------------------------------------
                                                                  1996      1997      1998      1999      2000  
----------------------------------------------------------------------------------------------------------------
Spending under current law:                                                                                     
    Estimated authorization level \1\.........................       108        42        42        42        42
    Estimated outlays.........................................       121        83        55        42        42
Proposed changes:                                                                                               
    Estimated authorization level.............................        --        43        26        --        --
    Estimated outlays.........................................        --        19        27        18         5
Estimated Spending under H.R. 2967:                                                                             
    Estimated authorization level \1\.........................       108        85        68        42        42
    Estimated outlays.........................................       121       102        82        60       47 
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 level is the amount appropriated for that year.                                                    

    The costs of this bill fall within budget function 270.
    6. Basis of estimate: For purposes of this estimate, we 
assume that of the amounts authorized, sufficient sums will be 
appropriated over the 1997-2000 period to reimburse eligible 
parties. In order to be eligible for reimbursement under 
UMTRCA, site operators must have incurred cleanup costs before 
December 31, 2002, or have placed cleanup funds in escrow prior 
to that date. Based on information from the Department of 
Energy, we estimate that continued funding of this program at 
its current level of $42 million annually would be sufficient 
to meet anticipated claims. If appropriations were to continue 
at the $42 million annual level, as shown in the table above, 
the existing program authorization of $310 million would not be 
exceeded until 2001.
    Under current law, remediation activities at inactive 
uranium processing sites are authorized only until the end of 
1996. Based on information from the Department of Energy, we 
estimate that the surface remediation program could be 
completed with two additional years of appropriations, as 
authorized by the bill.
    7. Pay-as-you-go considerations: None.
    8. Estimated impact on State, local, and tribal 
governments: The bill contains no intergovernmental mandates as 
defined in Public Law 104-4 and would not impose direct costs 
on state, local, or tribal governments. The bill would extend 
the authorization of UMTRCA, which authorizes DOE to undertake 
remedial cleanup actions at 24 inactive uranium millings sites, 
mostly in Western states. Under current law, DOE's authority to 
perform cleanup actions other than groundwater restoration at 
these sites will expire on September 30, 1996.
    In order to perform a remedial action at an inactive site, 
DOE is required to enter into a cooperative agreement with the 
state in which the site is located. By law, each agreement must 
contain the requirement that the state pay 10 percent of the 
cost of the remedial action. DOE estimates that states that 
choose to participate will pay about $11 million over fiscal 
years 1996 through 1998, at which time surface remediation 
should be completed.
    9. Estimated impact on the private sector: H.R. 2967 would 
impose no new private sector mandates, as defined in Public Law 
104-4.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Federal cost estimate: Kim 
Cawley; State and local government impact: Pepper Santalucia; 
Private sector impact: Jean Wooster.
    12. Estimate approved by: Robert R. Sunshine (for Paul N. 
Van de Water, Assistant Director for Budget Analysis).

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee finds that the bill 
would have no inflationary impact.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

             Section-by-Section Analysis of the Legislation

Section 1. Reference

    This section states that references in the legislation are 
to be considered references to the Uranium Mill Tailings 
Radiation Control Act of 1978 (P.L. 95-604), except for the 
reference in Section 3.

Section 2. Termination, authorization

    This section amends the current authorization language in 
two instances. First, it extends the remedial action authority 
for the Department of Energy from September 30, 1996, to 
September 30, 1998. Second, it authorizes DOE to continue the 
operation of a disposal cell at the Grand Junction Title I site 
for the continued acceptance of tailings from Title I sites.
    DOE's Grand Junction site was initially contaminated with 
approximately three million cubic yards of mill tailings. The 
Department has completed remediation of two million cubic 
yards. The remaining tails have been utilized primarily as 
roadbed material or as fill in utility corridors, where it 
poses a low health risk. However, as these tailings are 
disturbed in the future, provision for disposal must be 
accommodated. Authorization for post-1998 utilization of the 
Cheney disposal cell, one of the Grand Junction site disposal 
cells which has not yet reached its capacity, will allow the 
Department to continue its remediation of these and other Title 
I tailings without the need for immediate removal of the 
remaining tailings. Additionally, the language authorizes DOE 
to utilize the Cheney cell for disposal of tailings from its 
Monticello, Utah site. The Committee understands that these two 
sites are the only ones at which post-1998 Title I tailings may 
remain to be dealt with, and it is the Committee's intention 
that the Grand Junction Cheney disposal cell be utilized only 
for the future disposal of tailings from Grand Junction and 
Monticello.

Section 3. Remedial action at active processing sites

    This section amends portions of the Energy Policy Act of 
1992 (P.L. 102-486) which provide for the reimbursement of the 
Federal government's share of Title II remediation costs. Since 
the passage of the Energy Policy Act, it has become apparent 
that the reimbursement levels provided in that statute will be 
insufficient to compensate many Title II site owners for the 
cost of the Federal portion of site remediation. As a result, 
the legislation increases the maximum allowable reimbursement 
per dry short ton of mill tailings from $5.50 to $6.25. Even 
this increased rate will not be sufficient to fully reimburse 
the costs of remediation at some active mining sites, as the 
cost of remediation varies widely due to various environmental 
factors. However, some Title II sites have been remediated for 
less than a $6.25 per ton cost, and it is expected that DOE 
will not reimburse Title II site owners for more than the 
licensee's average per-ton cost of remediating tailings at such 
sites. Section 3 also increases the overall authorization 
levels for such reimbursement from $270 million to $350 million 
for active site uranium licensees and from $40 million to $65 
million for thorium licensees. The combined effect increases 
the overall program authorization from $310 million to $415 
million.

Section 4. Remedial action for the disposal of radioactive materials

    This section authorizes DOE to eliminate the deed 
annotation requirement for vicinity properties if the Secretary 
determines that the affected State already has programs in 
place which will adequately accomplish the notification of 
prospective purchasers of affected properties. Under the 
current statute, the deed annotation requirement applies only 
at those contaminated properties remediated under the Act: 
unremediated properties are not subject to any such deed 
annotation requirements. Steps should be taken at the State and 
local level to ensure that prospective purchasers are notified 
of any contamination, regardless of the status of remediation 
at properties. The Secretary's determination of a State's 
ability to achieve the purposes of the subsection should be 
based on the adequacy of the combination of State and local 
laws and programs to inform prospective purchasers and property 
owners of potential contamination and any remediation conducted 
under this Act.
    The section also makes changes to clarify that DOE may 
dispose of Title I tailings at licensed Title II sites. Many 
Title I and Title II sites are in close proximity to each 
other. At Title I sites at which remediation has not yet been 
completed, arranging for the disposal of tailings at a Title II 
facility could provide a cost-effective alternative to on-site 
disposal.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

          URANIUM MILL TAILINGS RADIATION CONTROL ACT OF 1978

          * * * * * * *

                    TITLE I--REMEDIAL ACTION PROGRAM

          * * * * * * *

           acquisition and disposition of lands and materials

  Sec. 104. (a) * * *
          * * * * * * *
  (d) In the case of each processing site designated under this 
title other than a site designated on Indian land, the State 
shall take such action as may be necessary, and pursuant to 
regulations of the Secretary under this subsection, to assure 
that any person who purchases such a processing site after the 
removal of radioactive materials from such site shall be 
notified in an appropriate manner prior to such purchase, of 
the nature and extent of residual radioactive materials removed 
from the site, including notice of the date when such action 
took place, and the condition of such site after such action. 
If the State is the owner of such site, the State shall so 
notify any prospective purchaser before entering into a 
contract, option, or other arrangement to sell or otherwise 
dispose of such site. The Secretary shall issue appropriate 
rules and regulations to require notice in the local land 
records of the residual radioactive materials which were 
located at any processing site and notice of the nature and 
extent of residual radioactive materials removed from the site, 
including notice of the date when such action took place. 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.
          * * * * * * *

                            remedial action

  Sec. 108. (a)(1) The Secretary or such person as he may 
designate shall select and perform remedial actions at 
designated processing sites and disposal sites in accordance 
with the general standards prescribed by the Administrator 
pursuant to section 275 a. of the Atomic Energy Act of 1954. 
The State shall participate fully in the selection and 
performance of a remedial action for which it pays part of the 
cost. Such remedial action shall be selected and performed with 
the concurrence of the Commission and in consultation, as 
appropriate, with the Indian tribe and the Secretary of the 
Interior. 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.
          * * * * * * *

                       termination; authorization

  Sec. 112. [(a) The authority of the Secretary to perform 
remedial action under this title shall terminate on September 
30, 1996, except that the authority of the Secretary to perform 
groundwater restoration activities under this title is without 
limitation.]
  (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)).
          * * * * * * *

            active operations; liability for remedial action

  Sec. 115. (a) No amount may be expended under this title with 
respect to any site licensed by the Commission under the Atomic 
Energy Act of 1954 or by a State as permitted under section 274 
of such Act at which production of any uranium product from 
ores (other than from residual radioactive materials) takes 
place. 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 ENERGY POLICY ACT OF 1992

          * * * * * * *

          TITLE X--REMEDIAL ACTION AND URANIUM REVITALIZATION

         Subtitle A--Remedial Action at Active Processing Sites

SEC. 1001. REMEDIAL ACTION PROGRAM.

  (a) * * *
  (b) Reimbursement.--
          (1) * * *
          (2) Amount.--
                  (A) To individual active site uranium 
                licensees.--The amount of reimbursement paid to 
                any licensee under paragraph (1) shall be 
                determined by the Secretary in accordance with 
                regulations issued pursuant to section 1002 
                and, for uranium mill tailings only, shall not 
                exceed an amount equal to [$5.50] $6.25 
                multiplied by the dry short tons of byproduct 
                material located on the date of the enactment 
                of this Act at the site of the activities of 
                such licensee described in subsection (a), and 
                generated as an incident of sales to the United 
                States.
                  (B) To all active site uranium licensees.--
                Payments made under paragraph (1) to active 
                site uranium licensees shall not in the 
                aggregate exceed [$270,000,000] $350,000,000.
                  (C) To thorium licensees.--Payments made 
                under paragraph (1) to the licensee of the 
                active thorium site shall not exceed 
                [$40,000,000] $65,000,000, and may only be made 
                for off-site disposal.
                  (D) Inflation escalation index.--The amounts 
                in subparagraphs (A), (B), and (C) of this 
                paragraph shall be increased annually based 
                upon an inflation index. The Secretary shall 
                determine the appropriate index to apply.
                  (E) Additional reimbursement.--
                          (i) Determination of excess.--The 
                        Secretary shall determine as of July 
                        31, 2005, whether the amount authorized 
                        to be appropriated pursuant to section 
                        1003, when considered with the [$5.50] 
                        $6.25 per dry short ton limit on 
                        reimbursement, exceeds the amount 
                        reimbursable to the licensees under 
                        subsection (b)(2).
                          (ii) In the event of excess.--If the 
                        Secretary determines under clause (i) 
                        that there is an excess, the Secretary 
                        may allow reimbursement in excess of 
                        [$5.50] $6.25 per dry short ton on a 
                        prorated basis at such sites where the 
                        costs reimbursable under subsection 
                        (b)(1) exceed the $5.50 per dry short 
                        ton limitation described in paragraph 
                        (2) of such subsection.
          * * * * * * *

SEC. 1003. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated 
[$310,000,000] $415,000,000 to carry out this subtitle. The 
aggregate amount authorized in the preceding sentence shall be 
increased annually as provided in section 1001, based upon an 
inflation index to be determined by the Secretary.
          * * * * * * *

                                
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