I
106TH CONGRESS
1ST SESSION
H. R. 393
To amend the Uranium Mill Tailings Radiation Control Act of 1978 to
provide for the remediation of the Atlas uranium milling site near Moab,
Utah.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1999
Mr. GEORGE MILLER of California (for himself, Mr. FILNER, Ms. PELOSI, Mr.
MCINNIS, and Mr. GUTIERREZ) introduced the following bill; which was
referred to the Committee on Commerce
A BILL
To amend the Uranium Mill Tailings Radiation Control Act
of 1978 to provide for the remediation of the Atlas
uranium milling site near Moab, Utah.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REMEDIATION OF ATLAS SITE.
Section 102(e) of the Uranium Mill Tailings Radi-
ation Control Act of 1978 (42 U.S.C. 7912(e); (relating
to processing site designations)) is amended by adding the
following new paragraph at the end thereof:
‘‘(4)(A) The Secretary shall designate as a processing
site within the meaning of section 101(6) the Atlas ura-
nium milling site (hereafter in this paragraph referred to
as the ‘Atlas Site’) located approximately 3 miles north-
west of Moab, Utah, and identified in the Draft Environ-
mental Impact Statement issued in January, 1996, in con-
nection with Source Material License No. SUA 917 by the
U.S. Nuclear Regulatory Commission, Office of Nuclear
Material Safety and Safeguards. The provisions of this
Act shall apply to the site so designated in the same man-
ner and to the same extent as to the sites designated
under subsection (a) of this section, except that in apply-
ing such provisions to the Atlas Site—
‘‘(i) subsection (a) of section 112 (relating to
termination of the authority of the Secretary) shall
not apply;
‘‘(ii) any reference in this Act to the date of the
enactment of this Act shall be treated as a reference
to the date of the enactment of this paragraph;
‘‘(iii) in determining the Federal share of the
cost of the remedial action under section 107, 100
percent shall be substituted for 90 percent; and
‘‘(iv) the Secretary, without regard to section
104(b) (relating to disposition and stabilization sites
for residual radioactive materials), shall remove re-
sidual radioactive material from the Atlas Site and
from the associated flood plain of the Colorado River
for permanent disposition and stabilization of such
residual radioactive material in a safe and environ-
mentally sound manner.
‘‘(B) As promptly as practicable after the enactment
of this paragraph, the Attorney General shall undertake
the studies required under subsection (b) of section 115
(relating to owner liability) with respect to the Atlas Site
and the associated flood plain of the Colorado River and
take such action as may be necessary in accordance with
such subsection to require the owner or operator of the
Atlas Site, and any other person liable for the costs of
remedial action at such site and the associated flood plain
of the Colorado River, to reimburse the United States for
all or part of the costs of such remedial action.
‘‘(C) Notwithstanding section 1001(a) of the Energy
Policy Act of 1992 (42 U.S.C. 2296a(a)) (relating to li-
ability for costs of remedial action at active processing
sites), the current owner or operator of the Atlas Site and
any other person determined to be liable for the costs of
remedial action at the Atlas Site and the associated flood
plain of the Colorado River shall be relieved of all further
responsibility for such costs if—
‘‘(i) all existing surety bonds or other instru-
ments securing the performance of remedial action
have been transferred to the Secretary;
‘‘(ii) fee simple title to the entire Atlas Site
(consisting of 437 acres more or less) and all water
rights appurtenant thereto have been transferred to
the Secretary;
‘‘(iii) the owner or operator, respectively, re-
leases and surrenders to the Secretary all existing
and future rights to receive reimbursement for costs
of remedial action under section 1001(b) of the En-
ergy Policy Act of 1992; and
‘‘(iv) the owner, operator, or other liable person,
reimburses the United States for that portion of the
total cost of the remedial action required by clause
(iv) of subparagraph (A) of this paragraph for which
the Attorney General determines the owner, opera-
tor, or other liable person, respectively, is liable,
minus the value attributable to the owner, operator,
or other liable person of the asset transferred or re-
leased and surrendered to the Secretary in accord-
ance with clauses (i), (ii), and (iii) of this subpara-
graph.
Upon such transfers, release and surrender, and reim-
bursement Source Material License No. SUA 917 shall be
terminated.
‘‘(D) After the removal of radioactive materials from
the Atlas Site and from the associated flood plain of the
Colorado River, the Secretary, with the concurrence of the
Commission, may sell any lands and interests acquired in
the Atlas Site or donate such lands and interests to a gov-
ernmental entity within the State of Utah for permanent
use for park, recreational, or other public purposes.’’.
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