II

106TH CONGRESS

2D SESSION S. 2588

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.

IN THE SENATE OF THE UNITED STATES

MAY 18, 2000

Mr. BENNETT introduced the following bill; which was read twice and referred

to the Committee on Armed Services

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Ute-Moab Land Res5 toration Act’’.
2

•S 2588 IS

1 SEC. 2. TRANSFER OF OIL SHALE RESERVE.

2 Section 3405 of the Strom Thurmond National De3 fense Authorization Act for Fiscal Year 1999 (10 U.S.C.

4 7420 note; Public Law 105–261) is amended to read as

5 follows:

6 ‘‘SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED

7 2.

8 ‘‘(a) DEFINITIONS.—In this section:

9 ‘‘(1) MAP.—The term ‘‘map’’ means the map

10 entitled ‘Boundary Map, .............’, numbered ll

11 and dated llll, to be kept on file and available

12 for public inspection in the offices of the Depart13 ment of the Interior.

14 ‘‘(2) MOAB SITE.—The term ‘Moab site’ means

15 the Moab uranium milling site located approximately

16 3 miles northwest of Moab, Utah, and identified in

17 the Final Environmental Impact Statement issued

18 by the Nuclear Regulatory Commission in March

19 1996, in conjunction with Source Material License

20 No. SUA 917.

21 ‘‘(3) NOSR–2.—The term ‘NOSR–2’ means Oil

22 Shale Reserve Numbered 2, as identified on a map

23 on file in the Office of the Secretary of the Interior.

24 ‘‘(4) TRIBE.—The term ‘Tribe’ means the Ute

25 Indian Tribe of the Uintah and Ouray Indian Res26 ervation.
3

•S 2588 IS

1 ‘‘(b) CONVEYANCE.—

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), the United States conveys to the Tribe,

4 subject to valid existing rights in effect on the day

5 before the date of enactment of this section, all Fed6 eral land within the exterior boundaries of NOSR–

7 2 in fee simple (including surface and mineral

8 rights).

9 ‘‘(2) RESERVATIONS.—The conveyance under

10 paragraph (1) shall not include the following res11 ervations of the United States:

12 ‘‘(A) A 9 percent royalty interest in the

13 value of any oil, gas, other hydrocarbons, and

14 all other minerals from the conveyed land that

15 are produced, saved, and sold, the payments for

16 which shall be made by the Tribe or its des17 ignee to the Secretary of Energy during the pe18 riod that the oil, gas, hydrocarbons, or minerals

19 are being produced, saved, sold, or extracted.

20 ‘‘(B) The portion of the bed of Green

21 River contained entirely within NOSR–2, as de22 picted on the map.

23 ‘‘(C) The land (including surface and min24 eral rights) to the west of the Green River with25 in NOSR–2, as depicted on the map.
4

•S 2588 IS

‘‘(D) A 1 1 ⁄4 mile scenic easement on the

2 east side of the Green River within NOSR–2.

3 ‘‘(3) CONDITIONS.—

4 ‘‘(A) MANAGEMENT AUTHORITY.—On com5 pletion of the conveyance under paragraph (1),

6 the United States relinquishes all management

7 authority over the conveyed land (including

8 tribal activities conducted on the land).

9 ‘‘(B) NO REVERSION.—The land conveyed

10 to the Tribe under this subsection shall not re11 vert to the United States for management in

12 trust status.

13 ‘‘(C) USE OF EASEMENT.—The reservation

14 of the easement under paragraph (2)(D) shall

15 not affect the right of the Tribe to obtain, use,

16 and maintain access to, the Green River

17 through the use of the road within the ease18 ment, as depicted on the map.

19 ‘‘(c) WITHDRAWALS.—All withdrawals in effect on

20 NOSR–2 on the date of enactment of this section are re21 voked.

22 ‘‘(d) ADMINISTRATION OF RESERVED LAND, INTER23 ESTS IN LAND.—

24 ‘‘(1) IN GENERAL.—The Secretary shall admin25 ister the land and interests in land reserved from
5

•S 2588 IS

1 conveyance under subparagraphs (B) and (C) of

2 subsection (b)(2) in accordance with the Federal

3 Land Policy and Management Act of 1976 (43

4 U.S.C. 1701 et seq.).

5 ‘‘(2) MANAGEMENT PLAN.—Not later than 3

6 years after the date of enactment of this section, the

7 Secretary shall submit to Congress a land use plan

8 for the management of the land and interests in

9 land referred to in paragraph (1).

10 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

11 There are authorized to be appropriated to the Sec12 retary such sums as are necessary to carry out this

13 subsection.

14 ‘‘(e) ROYALTY.—

15 ‘‘(1) PAYMENT OF ROYALTY.—

16 ‘‘(A) IN GENERAL.—The royalty interest

17 reserved from conveyance in subsection

18 (b)(2)(A) that is required to be paid by the

19 Tribe shall not include any development, pro20 duction, marketing, and operating expenses.

21 ‘‘(B) FEDERAL TAX RESPONSIBILITY.—

22 The United States shall bear responsibility for

23 and pay—

24 ‘‘(i) gross production taxes;

25 ‘‘(ii) pipeline taxes; and
6

•S 2588 IS

1 ‘‘(iii) allocation taxes assessed against

2 the gross production.

3 ‘‘(2) REPORT.—The Tribe shall submit to the

4 Secretary of Energy and to Congress an annual re5 port on resource development and other activities of

6 the Tribe concerning the conveyance under sub7 section (b).

8 ‘‘(3) FINANCIAL AUDIT.—

9 ‘‘(A) IN GENERAL.—Not later than 5 years

10 after the date of enactment of this section, and

11 every 5 years thereafter, the Tribe shall obtain

12 an audit of all resource development activities

13 of the Tribe concerning the conveyance under

14 subsection (b), as provided under chapter 75 of

15 title 31, United States Code.

16 ‘‘(B) INCLUSION OF RESULTS.—The re17 sults of each audit under this paragraph shall

18 be included in the next annual report submitted

19 after the date of completion of the audit.

20 ‘‘(f) RIVER MANAGEMENT.—

21 ‘‘(1) IN GENERAL.—The Tribe shall manage,

22 under Tribal jurisdiction and in accordance with or23 dinances adopted by the Tribe, land of the Tribe

that is adjacent to, and within 1 24 ⁄4 mile of, the Green

25 River in a manner that—
7

•S 2588 IS

1 ‘‘(A) maintains the protected status of the

2 land; and

3 ‘‘(B) is consistent with the government-to4 government agreement and in the memorandum

5 of understanding dated February 11, 2000, as

6 agreed to by the Tribe and the Secretary.

7 ‘‘(2) NO MANAGEMENT RESTRICTIONS.—An or8 dinance referred to in paragraph (1) shall not im9 pair, limit, or otherwise restrict the management

10 and use of any land that is not owned, controlled,

11 or subject to the jurisdiction of the Tribe.

12 ‘‘(3) REPEAL OR AMENDMENT.—An ordinance

13 adopted by the Tribe and referenced in the govern14 ment-to-government agreement may not be repealed

15 or amended without the written approval of—

16 ‘‘(A) the Tribe; and

17 ‘‘(B) the Secretary.

18 ‘‘(g) PLANT SPECIES.—

19 ‘‘(1) IN GENERAL.—In accordance with a gov20 ernment-to-government agreement between the Tribe

21 and the Secretary, in a manner consistent with levels

22 of legal protection in effect on the date of enactment

23 of this section, the Tribe shall protect, under ordi24 nances adopted by the Tribe, any plant species that

25 is—
8

•S 2588 IS

1 ‘‘(A) listed as an endangered species or

2 threatened species under section 4 of the En3 dangered Species Act of 1973 (16 U.S.C.

4 1533); and

5 ‘‘(B) located or found on the NOSR–2

6 land conveyed to the Tribe.

7 ‘‘(2) TRIBAL JURISDICTION.—The protection

8 described in paragraph (1) shall be performed solely

9 under tribal jurisdiction

10 ‘‘(h) HORSES.—

11 ‘‘(1) IN GENERAL.—The Tribe shall manage,

12 protect, and assert control over any horse not owned

13 by the Tribe or tribal members that is located or

14 found on the NOSR–2 land conveyed to the Tribe in

15 a manner that is consistent with Federal law gov16 erning the management, protection, and control of

17 horses in effect on the date of enactment of this sec18 tion.

19 ‘‘(2) TRIBAL JURISDICTION.—The management,

20 control, and protection of horses described in para21 graph (1) shall be performed solely—

22 ‘‘(A) under tribal jurisdiction; and

23 ‘‘(B) in accordance with a government-to24 government agreement between the Tribe and

25 the Secretary.
9

•S 2588 IS

1 ‘‘(i) REMEDIAL ACTION AT MOAB SITE.—

2 ‘‘(1) IN GENERAL.—Not later than 1 year after

3 the date of enactment of this subsection, the Sec4 retary of Energy shall prepare a plan for the com5 mencement, not later than 1 year after the date of

6 completion of the plan, of remedial action (including

7 groundwater restoration) at the Moab site in accord8 ance with section 102(a) of the Uranium Mill

9 Tailings Radiation Control Act of 1978 (42 U.S.C.

10 7912(a)).

11 ‘‘(2) LIMIT ON EXPENDITURES.—The Secretary

12 shall limit the amounts expended in carrying out the

13 remedial action under paragraph (1) to—

14 ‘‘(A) amounts specifically appropriated for

15 the remedial action in an Act of appropriation;

16 and

17 ‘‘(B) other amounts made available for the

18 remedial action under this subsection.

19 ‘‘(3) RETENTION OF ROYALTIES.—

20 ‘‘(A) IN GENERAL.—The Secretary of En21 ergy shall retain the amounts received as royal22 ties under subsection (e)(1).

23 ‘‘(B) AVAILABILITY.—Amounts referred to

24 in subparagraph (A) shall be available, without
10

•S 2588 IS

1 further Act of appropriation, to carry out the

2 remedial action under paragraph (1).

3 ‘‘(C) EXCESS AMOUNTS.—On completion

4 of the remedial action under paragraph (1), all

5 remaining royalty amounts shall be deposited in

6 the General Fund of the Treasury.

7 ‘‘(D) AUTHORIZATION OF APPROPRIA8 TIONS.—

9 ‘‘(i) IN GENERAL.—There are author10 ized to be appropriated to the Secretary of

11 Energy to carry out the remedial action

12 under paragraph (1) such sums as are nec13 essary.

14 ‘‘(ii) CONTINUATION OF NRC TRUSTEE

15 REMEDIATION ACTIVITIES.—After the date

16 of enactment of this section and until such

17 date as funds are made available under

18 clause (i), the Secretary, using funds avail19 able to the Secretary that are not other20 wise appropriated, shall carry out—

21 ‘‘(I) this subsection; and

22 ‘‘(II) any remediation activity

23 being carried out at the Moab site by

24 the trustee appointed by the Nuclear

25 Regulatory Commission for the Moab
11

•S 2588 IS

1 site on the date of enactment of this

2 section.

3 ‘‘(4) SALE OF MOAB SITE.—

4 ‘‘(A) IN GENERAL.—If the Moab site is

5 sold after the date on which the Secretary of

6 Energy completes the remedial action under

7 paragraph (1), the seller shall pay to the Sec8 retary of Energy, for deposit in the miscella9 neous receipts account of the Treasury, the por10 tion of the sale price that the Secretary deter11 mines resulted from the enhancement of the

12 value of the Moab site that is attributable to

13 the completion of the remedial action, as deter14 mined in accordance with subparagraph (B).

15 ‘‘(B) DETERMINATION OF ENHANCED

16 VALUE.—The enhanced value of the Moab site

17 referred to in subparagraph (A) shall be equal

18 to the difference between—

19 ‘‘(i) the fair market value of the Moab

20 site on the date of enactment of this sec21 tion, based on information available on

22 that date; and

23 ‘‘(ii) the fair market value of the

24 Moab site, as appraised on completion of

25 the remedial action.’’.
12

•S 2588 IS

1 SEC. 3. URANIUM MILL TAILINGS.

2 Section 102(a) of the Uranium Mill Tailings Radi3 ation Control Act of 1978 (42 U.S.C. 7912(a)) is amended

4 by inserting after paragraph (3) the following:

5 ‘‘(4) DESIGNATION AS PROCESSING SITE.—

6 ‘‘(A) IN GENERAL.—Notwithstanding any

7 other provision of law, the Moab uranium mill8 ing site (referred to in this paragraph as the

9 ‘Moab Site’) located approximately 3 miles

10 northwest of Moab, Utah, and identified in the

11 Final Environmental Impact Statement issued

12 by the Nuclear Regulatory Commission in

13 March 1996, in conjunction with Source Mate14 rial License No. SUA 917, is designated as a

15 processing site.

16 ‘‘(B) APPLICABILITY.—This title applies to

17 the Moab Site in the same manner and to the

18 same extent as to other processing sites des19 ignated under this subsection, except that—

20 ‘‘(i) sections 103, 107(a), 112(a), and

21 115(a) of this title shall not apply;

22 ‘‘(ii) a reference in this title to the

23 date of the enactment of this Act shall be

24 treated as a reference to the date of enact25 ment of this paragraph; and
13

•S 2588 IS

1 ‘‘(iii) the Secretary, subject to the

2 availability of appropriations and without

3 regard to section 104(b), shall conduct re4 mediation at the Moab site in a safe and

5 environmentally sound manner,

6 including—

7 ‘‘(I) groundwater restoration;

8 and

9 ‘‘(II) the removal, to at a site in

10 the State of Utah, for permanent dis11 position and any necessary stabiliza12 tion, of residual radioactive material

13 and other contaminated material from

14 the Moab Site and the floodplain of

15 the Colorado River.’’.

16 SEC. 4. CONFORMING AMENDMENT.

17 Section 3406 of the Strom Thurmond National De18 fense Authorization Act for Fiscal Year 1999 (10 U.S.C.

19 7420 note) is amended by inserting after subsection (e)

20 the following:

21 ‘‘(f) OIL SHALE RESERVE NUMBERED 2.—This sec22 tion does not apply to the transfer of Oil Shale Reserve

23 Numbered 2 under section 3405.’’.

Æ