A bill to require the Secretary of Energy to identify and convey to the State of Colorado land for use as a storage site for residual radioactive material, and for other purposes.

II 116TH CONGRESS 1ST SESSION S. 2526 To require the Secretary of Energy to identify and convey to the State of Colorado land for use as a storage site for residual radioactive mate- rial, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 19, 2019 Mr. BENNET (for himself and Mr. GARDNER) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources A BILL To require the Secretary of Energy to identify and convey to the State of Colorado land for use as a storage site for residual radioactive material, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. DURANGO DISPOSAL SITE. 3 (a) IDENTIFICATION.— 4 (1) IN GENERAL.—Not later than 6 months 5 after the date of enactment of this Act, the Sec- 6 retary shall— 7 (A) identify, in accordance with paragraph 8 (2), a portion of Federal land within the Du- 9 VerDate Sep 11 2014 21:02 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2526.IS S2526 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2526 IS rango disposal site that is suitable for convey- 1 ance to the State for use as a storage site for 2 residual radioactive materials as part of remedi- 3 ation activities carried out by the State relating 4 to properties in the vicinity of the Durango 5 processing site; and 6 (B) offer to convey such land to the State 7 for such purpose. 8 (2) REQUIREMENTS.—In carrying out para- 9 graph (1)(A), the Secretary shall ensure that the 10 identified land— 11 (A) consists of approximately 0.25 acres; 12 (B) is located in the southwestern corner 13 of the Durango disposal site; and 14 (C) is south of, and bounded by, County 15 Road 212. 16 (b) CONVEYANCE.—Subject to the terms and condi- 17 tions described in subsection (c), if, not later than 1 year 18 after the date on which the Secretary offers under sub- 19 section (a) to convey land identified under such subsection 20 to the State, the State accepts such offer, the Secretary 21 shall convey all right, title, and interest of the United 22 States in and to such land to the State, without consider- 23 ation. 24 VerDate Sep 11 2014 21:02 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2526.IS S2526 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2526 IS (c) TERMS AND CONDITIONS.—As a condition of the 1 conveyance under subsection (b), the Secretary— 2 (1) shall impose a requirement that the State 3 manage the conveyed land in a manner that is con- 4 sistent with the requirements of the Uranium Mill 5 Tailings Radiation Control Act of 1978 (42 U.S.C. 6 7901 et seq.) relating to the Durango disposal site, 7 including after the use described in subsection (a) 8 has ceased; and 9 (2) may impose such additional requirements as 10 the Secretary determines necessary to protect the in- 11 terests of the United States. 12 (d) BOUNDARY REVISION.—The Secretary shall re- 13 vise the legal description of the Durango disposal site in- 14 cluded in the Long-Term Surveillance Plan for such site 15 pursuant to section 40.27 of title 10, Code of Federal Reg- 16 ulations (as in effect on the date of enactment of this Act), 17 to reflect the conveyance under subsection (b) and shall 18 notify the Nuclear Regulatory Commission (referred to in 19 this subsection as the ‘‘Commission’’) of such revision, and 20 the Commission shall accept such revised Long-Term Sur- 21 veillance Plan for purposes of the general license issued 22 for such site by the Commission. 23 (e) EFFECT ON EXISTING REQUIREMENTS.—The 24 Secretary shall carry out this section in a manner that 25 VerDate Sep 11 2014 21:02 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2526.IS S2526 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2526 IS is consistent with the requirements of the Uranium Mill 1 Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 2 et seq.) relating to the Durango disposal site. 3 (f) NOTICE.—A notice described under the heading 4 ‘‘Sale of Land’’ in the report of the Committee on Appro- 5 priations of the House of Representatives accompanying 6 H.R. 2311 of the 107th Congress (H. Rept. 107–112), 7 is not required for the conveyance under subsection (b). 8 (g) DEFINITIONS.—In this section: 9 (1) DURANGO DISPOSAL SITE.—The term ‘‘Du- 10 rango disposal site’’ means the site in Durango, Col- 11 orado, for the permanent disposition and stabiliza- 12 tion of residual radioactive materials pursuant to the 13 Uranium Mill Tailings Radiation Control Act of 14 1978 (42 U.S.C. 7901 et seq.). 15 (2) DURANGO PROCESSING SITE.—The term 16 ‘‘Durango processing site’’ means the processing site 17 in Durango, Colorado, designated under section 18 102(a)(1) of the Uranium Mill Tailings Radiation 19 Control Act of 1978 (42 U.S.C. 7912(a)(1)). 20 (3) RESIDUAL RADIOACTIVE MATERIAL.—The 21 term ‘‘residual radioactive material’’ has the mean- 22 ing given that term in section 101 of the Uranium 23 Mill Tailings Radiation Control Act of 1978 (42 24 U.S.C. 7911). 25 VerDate Sep 11 2014 21:02 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2526.IS S2526 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2526 IS (4) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of Energy. 2 (5) STATE.—The term ‘‘State’’ means the State 3 of Colorado. 4 Æ VerDate Sep 11 2014 21:02 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S2526.IS S2526 pamtmann on DSKBC07HB2PROD with BILLS