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Title of Law:National Defense Authorization Act for Fiscal Year 2001
Law #:Public Law 106-398
Passed by Congress:106th Congress (2nd Session - 2000)

The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain National Academies' studies. (Pound signs [##] between passages denote the deletion of unrelated text.)

HRpt 106-945 CONFERENCE REPORT to accompany H.R. 4205 - ENACTMENT OF PROVISIONS OF H.R. 5408, THE FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
Conference Committee
(10/06/00)
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"SEC. 3405. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2.

"(a) DEFINITIONS.-In this section:

"(1) NOSR-2.-The term `NOSR-2´ means Oil Shale Reserve Numbered 2, as identified on a map on file in the Office of the Secretary of the Interior.

"(2) MOAB SITE.-The term `Moab site´ means the Moab uranium milling site located approximately three miles northwest of Moab, Utah, and identified in the Final Environmental Impact Statement issued by the Nuclear Regulatory Commission in March 1996 in conjunction with Source Materials License No. SUA-917.

"(3) MAP.-The term "map" means the map depicting the boundaries of NOSR-2, to be kept on file and available for public inspection in the offices of the Department of the Interior.

"(4) TRIBE.-The term `Tribe´ means the Ute Indian Tribe of the Uintah and Ouray Indian Reservation.

"(5) TRUSTEE.-The term `Trustee´ means the Trustee of the Moab Mill Reclamation Trust.

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"(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 Radiation 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 alternatives,

including removal or treatment of radioactive or other hazardous materials at the site, ground water restoration, and long-term management of residual contaminants. If the Secretary prepares a remediation plan that is not consistent with the recommendations of the National 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 terminate 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 license 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 Trustee from the Moab Mill Reclamation Trust, may carry out-

"(i) interim measures to reduce or eliminate localized 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 Energy shall develop, in consultation with the Trustee, the Nuclear Regulatory Commission, and the State of Utah, an efficient and legal means for transferring all responsibilities 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 paragraph (1) to-

"(A) amounts specifically appropriated for the remedial action in an appropriation Act; and

"(B) other amounts made available for the remedial action under this subsection.

"(3)(A) The royalty payments received by the Secretary 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 retained 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), except 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 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 National 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 following 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 Environmental Impact Statement issued by the Nuclear Regulatory Commission in March 1996 in conjunction 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 extent 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 pursuant 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 necessary stabilization, of residual radioactive material and other contaminated material from the Moab site and the floodplain of the Colorado River.".

(c) CONFORMING AMENDMENT.-Section 3406 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 105-261) is amended by adding at the end the following new

subsection:

"(f) OIL SHALE RESERVE NUMBERED 2.-This section does not apply to the transfer of Oil Shale Reserve Numbered 2 under section 3405.".

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Disposal of Oil Shale Reserve Numbered 2 (sec. 3403)

The Senate amendment contained a provision (sec. 3303) that would authorize the conveyance of the Naval Oil Shale Reserve-Numbered 2 (NOSR-2), to the Ute Indian Tribe of the Uintah and Ouray Indian Reservation in Utah with the exception of a small parcel to be transferred to the Department of the Interior. The provision would also require the

United States to retain a nine percent share of the revenues from the development of any minerals on the land after it is transferred. The provision would further require the environmental remediation and restoration of the uranium mill tailings site in Moab, Utah. The nine percent share of the revenues generated from the mineral development at the NOSR-2 would be available for the cleanup of the tailings site together with any funds specifically appropriated for this purpose.

The House bill contained no similar provision.

The House recedes with an amendment that would retain nine percent of the revenues from the mineral development of NOSR-2 until such time as the cleanup costs of the government for the tailings site have been recovered. The amendment would further require the Secretary of Energy to enter into an arrangement with the National Academy of Sciences to assist the Secretary of Energy in the preparation of a remediation plan that objectively evaluates the costs, benefits, and risks associated with various remediation alternatives for the cleanup of the tailings site.

The conferees understand that the remedial plan proposed by the Secretary of Energy will be prepared in accordance with title I of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C., 7901). The conferees expect that as part of the remediation plan, the Secretary of Energy will develop a strategy for transferring the legal responsibilities

and title to the Moab site, from the present Moab site Trustee to the Department of Energy, and that the Secretary of Energy will consult with the Trustee and with the beneficiaries of the trust, the Nuclear Regulatory Commission and the State of Utah, in developing the plan for the transition of responsibilities.

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