79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–925 

RESPONSIBLE DISPOSAL REAUTHORIZATION ACT OF 2018 

SEPTEMBER 7, 2018.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. WALDEN, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 2278] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 2278) to extend the authorization of the Uranium 

Mill Tailing Radiation Control Act of 1978 relating to the disposal 

site in Mesa County, Colorado, having considered the same, report 

favorably thereon with amendments and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Committee Action .................................................................................................... 3 

Committee Votes ...................................................................................................... 3 

Oversight Findings and Recommendations ........................................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Congressional Budget Office Estimate ................................................................... 3 

Federal Mandates Statement ................................................................................. 4 

Statement of General Performance Goals and Objectives .................................... 4 

Duplication of Federal Programs ............................................................................ 4 

Committee Cost Estimate ....................................................................................... 5 

Earmark, Limited Tax Benefits, and Limited Tariff Benefits ............................. 5 

Disclosure of Directed Rule Makings ..................................................................... 5 

Advisory Committee Statement .............................................................................. 5 

Applicability to Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 5 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Responsible Disposal Reauthorization Act of 2018’’. 

2 

1 Uranium Mill Tailings Radiation Control Act of 1978, P.L. 95–604. 

2Section 2 UMTRCA. 

3For more information on the site, see: https://www.lm.doe.gov/Grand_Junction_DP/ 

Fact_Sheet_GJ.pdf. 

SEC. 2. AUTHORIZATION. 

Section 112(a)(1)(B) of the Uranium Mill Tailings Radiation Control Act of 1978 

(42 U.S.C. 7922(a)(1)(B)) is amended by striking ‘‘September 30, 2023’’ and inserting 

‘‘September 30, 2048’’. 

Amend the title so as to read: 

A bill to extend the authorization of the Uranium Mill 

Tailings Radiation Control Act of 1978 relating to the disposal site in Mesa County, Colorado. 

PURPOSE AND SUMMARY

H.R. 2278 was introduced by Rep. Scott Tipton (R–CO) on May 

1, 2017. The legislation extends the authorization to operate the 

disposal site for receiving and disposing residual radioactive material in Mesa County, Colorado until September 30, 2048. 

BACKGROUND AND NEED FOR LEGISLATION

Uranium mill tailings are a byproduct of mining and processing 

uranium ore. which may contain residual radiation. Uranium production, primarily located in western states, throughout the development of the Federal government’s atomic energy defense programs and during the maturation of the commercial nuclear industry generated significant quantities of mill tailings. In certain instances, mill tailings were subsequently used as fill for construction 

purposes, which remains embedded throughout the respective 

areas surrounding legacy uranium mills. 

To protect public health and safety from potential health risks, 

uranium mill tailings must be disposed at a site that is licensed 

and that meets standards established by the Nuclear Regulatory 

Commission (NRC) and the Environmental Protection Agency 

(EPA). 

To facilitate safe disposal of mill tailings, Congress enacted the 

Uranium Mill Tailings Radiation Control Act of 1978 1 (UMTRCA) 

to provide a framework and assign authority to the Secretary of 

Energy to dispose of uranium mill tailings. UMTRCA established 

a program to regulate tailings at active mill sites to minimize or 

eliminate radiation health hazards to the public.2

Section 112 of UMTRCA authorized the Secretary to operate a 

disposal site known as the Cheney disposal cell, located near Grand 

Junction Colorado, until 2023 or until the disposal site is filled to 

capacity, whichever comes first. 

Since 2003, the Department of Energy’s (DOE) Office of Legacy 

Management (LM) has managed the disposal site and annual site 

inspections ‘‘to evaluate surface feature conditions, perform . . . 

necessary site maintenance, and monitor . . . groundwater to 

verify the disposal . . . site’s’ integrity.’’ 3 While DOE is responsible 

for the long-term maintenance and monitoring of the Grand Junction, Colorado site, the NRC has an oversight role to ensure the 

disposal site meets established regulatory standards. 

The cell contains about 4.5 million cubic yards of residual radioactive material, receives approximately 2,700 cubic yards of additional waste per year, and has sufficient space to receive an estiVerDate Sep 11 2014 01:57 Sep 11, 2018 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR925.XXX HR925
3 

4Statement for the Record of Carmelo Melendez, Director, Office of Legacy Management, Department of Energy to Committee on Energy and Commerce Subcommittee on Environment. 

May 18, 2018. 5Statement from Martha Rudolph, Director of Environmental Programs, Colorado Department 

of Public Health and Environment to Energy and Commerce Subcommittee on Environment 

members, May 15, 2018. 

mated 235,000 cubic yards, which represents 86 more years of operation at current rates.4

The Cheney Disposal Cell is the only operational mill tailings 

disposal site. The Colorado Department of Public Health and Environment states, ‘‘given that this is the only [DOE] uranium mill 

tailings disposal site left in the country, it is critical that this facility remains open to receive and dispose of the uranium mill tailings 

that are discovered in our communities. This action will ensure the 

continued protection of human health and the environment.’’ 5

COMMITTEE ACTION

On May 18, 2018, the Subcommittee on Environment held a 

hearing on H.R. 2278. The Subcommittee received testimony from: • The Honorable Tom Reed (NY–23), Member, U.S. House of 

Representatives; • Mark Gilbertson, Associate Principal Deputy Assistant 

Secretary for Regulatory and Policy Affairs, Office of Environmental Management, Department of Energy; and, • Noah Shaw, General Counsel and Secretary, New York 

State Energy Research and Development Authority. 

On June 27, 2018, the Subcommittee on Environment met in 

open markup session and forwarded H.R. 2278, as amended, to the 

full Committee by a voice vote. On July 12, 2018, the full Committee on Energy and Commerce met in open markup session and 

ordered H.R. 2278, as amended, reported to the House by a voice 

vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. There were no 

record votes taken in connection with ordering H.R. 2278 reported. 

OVERSIGHT FINDINGS AND RECOMMENDATIONS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee held a hearing and made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 2278 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

4 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

H.R. 2278—Responsible Disposal Reauthorization Act of 2017 

H.R. 2278 would amend the Uranium Mill Tailings Radiation 

Control Act of 1978 to extend, through September 30, 2048, the 

government’s authority to operate the Cheney disposal cell in Mesa 

County, Colorado. That facility, administered by the Department of 

Energy (DOE), serves as a repository for mill tailings—radioactive 

waste generated during the conversion of uranium into fuel for nuclear reactors. Under current law, DOE’s authority to operate that 

site is scheduled to expire on September 30, 2023. 

Using information from DOE, CBO estimates that the agency’s 

costs to administer the Cheney disposal cell (which primarily involves inspecting and maintaining the facility and preparing certain reports) total less than $500,000 annually; such spending is 

subject to appropriation. However, because DOE is already authorized to operate that facility through fiscal year 2023, CBO estimates that enacting H.R. 2278 would have no effect on the department’s costs over the 2018–2022 period covered by this estimate. 

Enacting H.R. 2278 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that H.R. 2278 would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2029. 

H.R. 2278 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

On April 5, 2018, CBO transmitted a cost estimate for S. 1059, 

the Responsible Disposal Reauthorization Act of 2017, as ordered 

reported by the Senate Committee on Energy and Natural Resources on March 8, 2018. S. 1059 and H.R. 2278 are similar, and 

CBO’s estimates of the budgetary effects are the same. 

The CBO staff contact for this estimate is Megan Carroll. This 

estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goal and objective of H.R. 2278 is to provide a safe and predictable disposal path for uranium mill tailings. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of rule XIII, no provision of H.R. 2278 

is known to be duplicative of another Federal program, including 

any program that was included in a report to Congress pursuant 

to section 21 of Public Law 111–139 or the most recent Catalog of 

Federal Domestic Assistance. 

5 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

In compliance with clause 9(e), 9(f), and 9(g) of rule XXI of the 

Rules of the House of Representatives, the Committee finds that 

H.R. 2278 contains no earmarks, limited tax benefits, or limited 

tariff benefits. 

DISCLOSURE OF DIRECTED RULE MAKINGS

Pursuant to section 3(i) of H. Res. 5, the Committee finds that 

H.R. 2278 contains no directed rule makings. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section provides the short title of ‘‘Responsible Disposal Reauthorization Act of 2018.’’ 

Section 2. Authorization 

This section amends section 112(a)(1)(B) of the Uranium Mill 

Tailings Radiation Control Act of 1978 to authorize the operation 

of the Cheney disposal cell until the cell has been filled to capacity 

or September 30, 2048. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) 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, 

and 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 

* * * * * * * 

6 

TERMINATION; AUTHORIZATION

SEC. 112. (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 øSeptember 30, 2023¿ 

September 30, 2048, 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)). 

(b) The amounts authorized to be appropriated to carry out the 

purposes of this title by the Secretary, the Administrator, the Commission, and the Secretary of the Interior shall not exceed such 

amounts as are established in annual authorization Acts for fiscal 

year 1979 and each fiscal year thereafter applicable to the Department of Energy. Any sums appropriated for the purposes of this 

title shall be available until expended. 

* * * * * * * 

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