1212
‘‘(h) HORSES.—(1) The Tribe shall manage, protect,
and assert control over any horse not owned by the Tribe
or tribal members that is located or found on the NOSR–
2 land conveyed to the Tribe in a manner that is con-
sistent with Federal law governing the management, pro-
tection, and control of horses in effect on the date of the
enactment of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001.
‘‘(2) The management, control, and protection of
horses described in paragraph (1) shall be performed
solely—
‘‘(A) under tribal jurisdiction; and
‘‘(B) in accordance with a government-to-gov-
ernment agreement between the Tribe and the Sec-
retary of the Interior.
‘‘(i) REMEDIAL ACTION AT MOAB SITE.—(1)(A) The
Secretary of Energy shall prepare a plan for remediation,
including ground water restoration, of the Moab site in
accordance with title I of the Uranium Mill Tailings Radi-
ation Control Act of 1978 (42 U.S.C. 7911 et seq.). The
Secretary of Energy shall enter into arrangements with
the National Academy of Sciences to obtain the technical
advice, assistance, and recommendations of the National
Academy of Sciences in objectively evaluating the costs,
benefits, and risks associated with various remediation al-
1213
ternatives, including removal or treatment of radioactive
or other hazardous materials at the site, ground water res-
toration, and long-term management of residual contami-
nants. If the Secretary prepares a remediation plan that
is not consistent with the recommendations of the Na-
tional Academy of Sciences, the Secretary shall submit to
Congress a report explaining the reasons for deviation
from the National Academy of Sciences’ recommendations.
‘‘(B) The remediation plan required by subparagraph
(A) shall be completed not later than one year after the
date of the enactment of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001, and the
Secretary of Energy shall commence remedial action at
the Moab site as soon as practicable after the completion
of the plan.
‘‘(C) The license for the materials at the Moab site
issued by the Nuclear Regulatory Commission shall termi-
nate one year after the date of the enactment of the Floyd
D. Spence National Defense Authorization Act for Fiscal
Year 2001, unless the Secretary of Energy determines
that the license may be terminated earlier. Until the li-
cense is terminated, the Trustee, subject to the availability
of funds appropriated specifically for a purpose described
in clauses (i) through (iii) or made available by the Trust-
1214
ee from the Moab Mill Reclamation Trust, may carry
out—
‘‘(i) interim measures to reduce or eliminate lo-
calized high ammonia concentrations in the Colorado
River, identified by the United States Geological
Survey in a report dated March 27, 2000;
‘‘(ii) activities to dewater the mill tailings at the
Moab site; and
‘‘(iii) other activities related to the Moab site,
subject to the authority of the Nuclear Regulatory
Commission and in consultation with the Secretary
of Energy.
‘‘(D) As part of the remediation plan for the Moab
site required by subparagraph (A), the Secretary of En-
ergy shall develop, in consultation with the Trustee, the
Nuclear Regulatory Commission, and the State of Utah,
an efficient and legal means for transferring all respon-
sibilities and title to the Moab site and all the materials
therein from the Trustee to the Department of Energy.
‘‘(2) The Secretary of Energy shall limit the amounts
expended in carrying out the remedial action under para-
graph (1) to—
‘‘(A) amounts specifically appropriated for the
remedial action in an appropriation Act; and
1215
‘‘(B) other amounts made available for the re-
medial action under this subsection.
‘‘(3)(A) The royalty payments received by the Sec-
retary of Energy under subsection (e) shall be available
to the Secretary, without further appropriation, to carry
out the remedial action under paragraph (1) until such
time as the Secretary determines that all costs incurred
by the United States to carry out the remedial action
(other than costs associated with long-term monitoring)
have been paid.
‘‘(B) Upon making the determination referred to in
subparagraph (A), the Secretary of Energy shall transfer
all remaining royalty amounts to the general fund of the
Treasury and release to the Tribe the royalty interest re-
tained by the United States under subsection (e).
‘‘(4)(A) Funds made available to the Department of
Energy for national security activities shall not be used
to carry out the remedial action under paragraph (1), ex-
cept that the Secretary of Energy may use such funds for
program direction directly related to the remedial action.
‘‘(B) There are authorized to be appropriated to the
Secretary of Energy to carry out the remedial action
under paragraph (1) such sums as are necessary.
‘‘(5) If the Moab site is sold after the date on which
the Secretary of Energy completes the remedial action
1216
under paragraph (1), the seller shall pay to the Secretary
of Energy, for deposit in the general fund of the Treasury,
the portion of the sale price that the Secretary determines
resulted from the enhancement of the value of the Moab
site as a result of the remedial action. The enhanced value
of the Moab site shall be equal to the difference between—
‘‘(A) the fair market value of the Moab site on
the date of enactment of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year
2001, based on information available on that date;
and
‘‘(B) the fair market value of the Moab site, as
appraised on completion of the remedial action.’’.
(b) URANIUM MILL TAILINGS.—Section 102 of the
Uranium Mill Tailings Radiation Control Act of 1978 (42
U.S.C. 7912) is amended by adding at the end the fol-
lowing new subsection:
‘‘(f) DESIGNATION OF MOAB SITE AS PROCESSING
SITE.—
‘‘(1) 
DESIGNATION.—Notwithstanding 
any
other provision of law, the Moab uranium milling
site (referred to in this subsection as the ‘Moab
site’) located approximately three miles northwest of
Moab, Utah, and identified in the Final Environ-
mental Impact Statement issued by the Nuclear
1217
Regulatory Commission in March 1996 in conjunc-
tion with Source Materials License No. SUA–917, is
designated as a processing site.
‘‘(2) APPLICABILITY.—This title applies to the
Moab site in the same manner and to the same ex-
tent as to other processing sites designated under
subsection (a), except that—
‘‘(A) sections 103, 104(b), 107(a), 112(a),
and 115(a) of this title shall not apply; and
‘‘(B) a reference in this title to the date of
the enactment of this Act shall be treated as a
reference to the date of the enactment of this
subsection.
‘‘(3) REMEDIATION.—Subject to the availability
of appropriations for this purpose, the Secretary
shall conduct remediation at the Moab site in a safe
and environmentally sound manner that takes into
consideration the remedial action plan prepared pur-
suant to section 3405(i) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year
1999 (10 U.S.C. 7420 note; Public Law 105–261),
including—
‘‘(A) ground water restoration; and
‘‘(B) the removal, to a site in the State of
Utah, for permanent disposition and any nec-