article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Ute-Moab Land Restoration Act''. SEC. 2. TRANSFER OF OIL SHALE RESERVE. Section 3405 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 105-261) is amended to read as follows: ``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2. ``(a) Definitions.--In this section: ``(1) Map.--The term ``map'' means the map entitled `Boundary Map, .............', numbered ____ and dated ________, to be kept on file and available for public inspection in the offices of the Department of the Interior. ``(2) Moab site.--The term `Moab site' means the Moab uranium milling site located approximately 3 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 Material License No. SUA 917. ``(3) 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. ``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe of the Uintah and Ouray Indian Reservation. ``(b) Conveyance.-- ``(1) In general.--Except as provided in paragraph (2), the United States conveys to the Tribe, subject to valid existing rights in effect on the day before the date of enactment of this section, all Federal land within the exterior boundaries of NOSR-2 in fee simple (including surface and mineral rights). ``(2) Reservations.--The conveyance under paragraph (1) shall not include the following reservations of the United States: ``(A) A 9 percent royalty interest in the value of any oil, gas, other hydrocarbons, and all other minerals from the conveyed land that are produced, saved, and sold, the payments for which shall be made by the Tribe or its designee to the Secretary of Energy during the period that the oil, gas, hydrocarbons, or minerals are being produced, saved, sold, or extracted. ``(B) The portion of the bed of Green River contained entirely within NOSR-2, as depicted on the map. ``(C) The land (including surface and mineral rights) to the west of the Green River within NOSR-2, as depicted on the map. ``(D) A \1/4\ mile scenic easement on the east side of the Green River within NOSR-2. ``(3) Conditions.-- ``(A) Management authority.--On completion of the conveyance under paragraph (1), the United States relinquishes all management authority over the conveyed land (including tribal activities conducted on the land). ``(B) No reversion.--The land conveyed to the Tribe under this subsection shall not revert to the United States for management in trust status. ``(C) Use of easement.--The reservation of the easement under paragraph (2)(D) shall not affect the right of the Tribe to obtain, use, and maintain access to, the Green River through the use of the road within the easement, as depicted on the map. ``(c) Withdrawals.--All withdrawals in effect on NOSR-2 on the date of enactment of this section are revoked. ``(d) Administration of Reserved land, Interests in land.-- ``(1) In general.--The Secretary shall administer the land and interests in land reserved from conveyance under subparagraphs (B) and (C) of subsection (b)(2) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). ``(2) Management plan.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit to Congress a land use plan for the management of the land and interests in land referred to in paragraph (1). ``(3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection. ``(e) Royalty.-- ``(1) Payment of royalty.-- ``(A) In general.--The royalty interest reserved from conveyance in subsection (b)(2)(A) that is required to be paid by the Tribe shall not include any development, production, marketing, and operating expenses. ``(B) Federal tax responsibility.--The United States shall bear responsibility for and pay-- ``(i) gross production taxes; ``(ii) pipeline taxes; and ``(iii) allocation taxes assessed against the gross production. ``(2) Report.--The Tribe shall submit to the Secretary of Energy and to Congress an annual report on resource development and other activities of the Tribe concerning the conveyance under subsection (b). ``(3) Financial audit.-- ``(A) In general.--Not later than 5 years after the date of enactment of this section, and every 5 years thereafter, the Tribe shall obtain an audit of all resource development activities of the Tribe concerning the conveyance under subsection (b), as provided under chapter 75 of title 31, United States Code. ``(B) Inclusion of results.--The results of each audit under this paragraph shall be included in the next annual report submitted after the date of completion of the audit. ``(f) River Management.-- ``(1) In general.--The Tribe shall manage, under Tribal jurisdiction and in accordance with ordinances adopted by the Tribe, land of the Tribe that is adjacent to, and within \1/4\ mile of, the Green River in a manner that-- ``(A) maintains the protected status of the land; and ``(B) is consistent with the government-to- government agreement and in the memorandum of understanding dated February 11, 2000, as agreed to by the Tribe and the Secretary. ``(2) No management restrictions.--An ordinance referred to in paragraph (1) shall not impair, limit, or otherwise restrict the management and use of any land that is not owned, controlled, or subject to the jurisdiction of the Tribe. ``(3) Repeal or amendment.--An ordinance adopted by the Tribe and referenced in the government-to-government agreement may not be repealed or amended without the written approval of-- ``(A) the Tribe; and ``(B) the Secretary. ``(g) Plant Species.-- ``(1) In general.--In accordance with a government-to- government agreement between the Tribe and the Secretary, in a manner consistent with levels of legal protection in effect on the date of enactment of this section, the Tribe shall protect, under ordinances adopted by the Tribe, any plant species that is-- ``(A) listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and ``(B) located or found on the NOSR-2 land conveyed to the Tribe. ``(2) Tribal jurisdiction.--The protection described in paragraph (1) shall be performed solely under tribal jurisdiction ``(h) Horses.-- ``(1) In general.--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 consistent with Federal law governing the management, protection, and control of horses in effect on the date of enactment of this section. ``(2) Tribal jurisdiction.--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-government agreement between the Tribe and the Secretary. ``(i) Remedial Action at Moab Site.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary of Energy shall prepare a plan for the commencement, not later than 1 year after the date of completion of the plan, of remedial action (including groundwater restoration) at the Moab site in accordance with section 102(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(a)). ``(2) Limit on expenditures.--The Secretary 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 Act of appropriation; and ``(B) other amounts made available for the remedial action under this subsection. ``(3) Retention of royalties.-- ``(A) In general.--The Secretary of Energy shall retain the amounts received as royalties under subsection (e)(1). ``(B) Availability.--Amounts referred to in subparagraph (A) shall be available, without further Act of appropriation, to carry out the remedial action under paragraph (1). ``(C) Excess amounts.--On completion of the remedial action under paragraph (1), all remaining royalty amounts shall be deposited in the General Fund of the Treasury. ``(D) Authorization of appropriations.-- ``(i) In general.--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. ``(ii) Continuation of nrc trustee remediation activities.--After the date of enactment of this section and until such date as funds are made available under clause (i), the Secretary, using funds available to the Secretary that are not otherwise appropriated, shall carry out-- ``(I) this subsection; and ``(II) any remediation activity being carried out at the Moab site by the trustee appointed by the Nuclear Regulatory Commission for the Moab site on the date of enactment of this section. ``(4) Sale of moab site.-- ``(A) In general.--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 miscellaneous receipts account of the Treasury, the portion of the sale price that the Secretary determines resulted from the enhancement of the value of the Moab site that is attributable to the completion of the remedial action, as determined in accordance with subparagraph (B). ``(B) Determination of enhanced value.--The enhanced value of the Moab site referred to in subparagraph (A) shall be equal to the difference between-- ``(i) the fair market value of the Moab site on the date of enactment of this section, based on information available on that date; and ``(ii) the fair market value of the Moab site, as appraised on completion of the remedial action.''. SEC. 3. URANIUM MILL TAILINGS. Section 102(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(a)) is amended by inserting after paragraph (3) the following: ``(4) Designation as processing site.-- ``(A) In general.--Notwithstanding any other provision of law, the Moab uranium milling site (referred to in this paragraph as the `Moab Site') located approximately 3 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 Material License No. SUA 917, is designated as a processing site. ``(B) Applicability.--This title applies to the Moab Site in the same manner and to the same extent as to other processing sites designated under this subsection, except that-- ``(i) sections 103, 107(a), 112(a), and 115(a) of this title shall not apply; ``(ii) a reference in this title to the date of the enactment of this Act shall be treated as a reference to the date of enactment of this paragraph; and ``(iii) the Secretary, subject to the availability of appropriations and without regard to section 104(b), shall conduct remediation at the Moab site in a safe and environmentally sound manner, including-- ``(I) groundwater restoration; and ``(II) the removal, to at 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.''. SEC. 4. CONFORMING AMENDMENT. Section 3406 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note) is amended by inserting after subsection (e) the following: ``(f) Oil Shale Reserve Numbered 2.--This section does not apply to the transfer of Oil Shale Reserve Numbered 2 under section 3405.''.
summary: Declares that the United States relinquishes all management authority over such conveyed land, including tribal activities conducted on such land, on completion of such conveyance. Provides that such lands conveyed to the Tribe shall not revert to the United States for management in trust status. Revokes all withdrawals in effect on NOSR-2. Directs the Secretary of the Interior (Secretary) to administer the land and interests in land reserved from such conveyance and to submit to Congress a land use plan. Prohibits the royalty interest reserved from conveyance that is required to be paid by the Tribe from including any development, production, marketing, and operating expenses. Requires the United States to bear responsibility for and pay gross production taxes, pipeline taxes, and allocation taxes assessed against the gross production. Requires the Tribe to: (1) submit to the Secretary of Energy and Congress an annual report on resource development and other activities of the Tribe concerning such conveyance; and (2) obtain an audit of all such resource development activities every five years and include the results in the next annual report. Requires the Tribe: (1) to manage land adjacent to and within a 1/4 mile of the Green River in a in a manner that maintains the land's protected status and is consistent with a government-to-government agreement and a specified memorandum of understanding between the Tribe and the Secretary; and (2) in accordance with such agreement, to protect any endangered or threatened plant species located or found on the NOSR-2 land conveyed to the Tribe and to manage, protect, and assert control over any horse not owned by the Tribe or tribal members that is located or found on such land in a manner that is consistent with Federal law. Requires the Secretary of Energy: (1) to prepare a plan for the commencement of remedial action, including groundwater restoration, at the Atlas uranium milling site, Moab, Utah; (2) to retain the amounts received as royalties under this Act to carry out such remedial action; and (3) until funds authorized by this Act are made available, to use available funds to carry out such remedial action and any remediation activity being carried out at the site by the trustee appointed by the Nuclear Regulatory Commission. Provides that if the site is sold after remedial action is completed, the seller shall pay to the Secretary of Energy the portion of the sale price attributable to such action. Amends the Uranium Mill Tailings Radiation Control Act of 1978 to designate such site as a processing site, with specified exceptions.