text: 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.''.
target: 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.
feat_title: Ute-Moab Land Restoration Act