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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1287 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 1287

_______________________________________________________________________

                                 AN ACT

 
To provide for the storage of spent nuclear fuel pending completion of 
         the nuclear waste repository, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Waste Policy Amendments Act 
of 2000''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``contract holder'' means a party to a 
        contract with the Secretary of Energy for the disposal of spent 
        nuclear fuel or high-level radioactive waste entered into 
        pursuant to section 302(a) of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10222(a)); and
            (2) the terms ``Administrator'', ``civilian nuclear power 
        reactor'', ``Commission'', ``Department'', ``disposal'', 
        ``high-level radioactive waste'', ``Indian tribe'', 
        ``repository'', ``reservation'', ``Secretary'', ``spent nuclear 
        fuel'', ``State'', ``storage'', ``Waste Fund'', and ``Yucca 
        Mountain site'' shall have the meanings given such terms in 
        section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
        10101).

                     TITLE I--STORAGE AND DISPOSAL

SEC. 101. PROGRAM SCHEDULE.

    (a) In General.--The President, the Secretary, and the Nuclear 
Regulatory Commission shall carry out their duties under this Act and 
the Nuclear Waste Policy Act of 1982 by the earliest practicable date 
consistent with the public interest and applicable provisions of law.
    (b) Milestones.--(1) The Secretary shall make a final decision 
whether to recommend the Yucca Mountain site for development of the 
repository to the President by December 31, 2001;
    (2) The President shall make a final decision whether to recommend 
the Yucca Mountain site for development of the repository to the 
Congress by March 31, 2002;
    (3) The Nuclear Regulatory Commission shall make a final decision 
whether to authorize construction of the repository by January 31, 
2006; and
    (4) As provided in subsection (c), the Secretary shall begin 
receiving waste at the repository site at the earliest practicable date 
and no later than eighteen months after receiving construction 
authorization from the Nuclear Regulatory Commission.
    (c) Receipt Facilities.--(1) As part of the submission of an 
application for a construction authorization pursuant to section 114(b) 
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(b)), the 
Secretary shall apply to the Commission to receive and possess spent 
nuclear fuel and high-level radioactive waste at surface facilities 
within the geologic repository operations area for the receipt, 
handling, packaging, and storage prior to emplacement.
    (2) As part of the issuance of the construction authorization under 
section 114(b) of the Nuclear Waste Policy Act of 1982, the Commission 
shall authorize construction of surface facilities described in 
subsection (c)(1) and the receipt and possession of spent nuclear fuel 
and high-level radioactive waste at such surface facilities within the 
geologic repository operations area for the purposes in subsection 
(c)(1), in accordance with such standards as the Commission finds are 
necessary to protect the public health and safety.

SEC. 102. BACKUP STORAGE CAPACITY.

    (a) Subject to section 105(d), the Secretary shall enter into a 
contract under this subsection with any person generating or owning 
spent nuclear fuel that meets the requirements of section 135(b)(1) (A) 
and (B) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10155(b)(1) 
(A) and (B)) to--
            (1) take title at the civilian nuclear power reactor site 
        to such amounts of spent nuclear fuel from the civilian nuclear 
        power reactor as the Commission determines cannot be stored 
        onsite; and
            (2) transport such spent nuclear fuel to, and store such 
        spent nuclear fuel at, the repository site after the Commission 
        has authorized construction of the repository without regard to 
        the Secretary's Acceptance Priority Ranking report or Annual 
        Capacity report.

SEC. 103. REPOSITORY LICENSING.

    (a) Adoption of Standards.--Notwithstanding the time schedule in 
section 801(a)(1) of the Energy Policy Act of 1992 (42 U.S.C. 10141 
note), the Administrator shall not publish or adopt public health and 
safety standards for the protection of the public from releases from 
radioactive materials stored or disposed of in the repository at the 
Yucca Mountain site--
            (1) except in accordance with this section; and
            (2) before June 1, 2001.
    (b) Consultation and Reports to Congress.--(1) Not later than 30 
days after the enactment of this Act, the Administrator shall provide 
the Commission and the National Academy of Sciences--
            (A) a detailed written comparison of the provisions of the 
        proposed Environmental Protection Standards for Yucca Mountain, 
        Nevada, published in the Federal Register on August 27, 1999 
        (64 Fed. Reg. 46,975) with the recommendations made by the 
        National Academy of Sciences in its report, Technical Bases for 
        Yucca Mountain Standards, pursuant to section 801(a)(2) of the 
        Energy Policy Act of 1992 (42 U.S.C. 10141 note); and
            (B) the scientific basis for the proposed rule.
    (2) Not later than April 1, 2001, the Commission and the National 
Academy of Sciences shall, based on the proposed rule and the 
information provided by the Administrator under paragraph (1), each 
submit a report to Congress on whether the proposed rule--
            (A) is consistent with section 801(a)(2) of the Energy 
        Policy Act of 1992 (42 U.S.C. 10141 note);
            (B) provide a reasonably expectation that the public health 
        and safety and the environment will be adequately protected 
        from the hazards posed by high-level radioactive waste and 
        spent nuclear fuel disposed of in the repository;
            (C) is based on the best reasonably obtainable scientific 
        and technical information concerning the need for, and 
        consequences of, the rule; and
            (D) imposes the least burden, consistent with obtaining the 
        regulatory objective of protecting the public health and safety 
        and the environment.
    (3) In the event that either the Commission or the National Academy 
of Sciences finds that the proposed rule does not meet one or more of 
the criteria listed in paragraph (2), it shall notify the Administrator 
not later than April 1, 2001 of its finding and the basis for such 
finding.
    (c) Application of Congressional Review Procedures.--Any final rule 
promulgated under section 801(a)(1) of the Energy Policy Act of 1992 
(42 U.S.C. 10141 note) shall be treated as a major rule for purposes of 
chapter 8 of title 5, United States Code, and shall be subject to all 
the requirements and procedures pertaining to a major rule in such 
chapter.
    (d) Capacity.--Section 114(d) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10134(d)) is amended by striking ``The Commission 
decision approving the first such application . . .'' through the 
period at the end of the sentence.

SEC. 104. NUCLEAR WASTE FEE.

    The last sentence of section 302(a)(4) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10222(a)(4)) is amended to read as follows: 
``The adjusted fee proposed by the Secretary shall be effective upon 
enactment of a joint resolution or other provision of law specifically 
approving the adjusted fee.''.

SEC. 105. SETTLEMENT AGREEMENTS.

    (a) In General.--The Secretary may, upon the request of any person 
with whom he has entered into a contract under section 302(a) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)), enter into a 
settlement agreement with the contract holder to--
            (1) relieve any harm caused by the Secretary's failure to 
        meet the Department's commitment, or
            (2) settle any legal claims against the United States 
        arising out of such failure.
    (b) Types of Relief.--Pursuant to a settlement agreement entered 
into under this section, the Secretary may--
            (1) provide spent nuclear fuel storage casks to the 
        contract holder;
            (2) compensate the contract holder for the cost of 
        providing spent nuclear fuel storage at the contract holders' 
        storage facility; or
            (3) provide any combination of the foregoing.
    (c) Scope of Relief.--The Secretary's obligation to provide the 
relief under subsection (b) shall not exceed the Secretary's obligation 
to accept delivery of such spent fuel under the terms of the 
Secretary's contract with such contract holder under section 302(a) of 
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)), including 
any otherwise permissible assignment of rights.
    (d) Waiver of Claims.--(1) The Secretary may not enter into a 
settlement agreement under subsection (a) or (f) or a backup contract 
under section 102(a) with any contract holder unless the contract 
holder--
            (A) notifies the Secretary within 180 days after the date 
        of enactment of this Act of its intent to enter into a 
        settlement negotiations, and
            (B) as part of such settlement agreement or backup 
        contract, waives any claim for damages against the United 
        States arising out of the Secretary's failure to begin 
        disposing of such person's high-level waste or spent nuclear 
        fuel by January 31, 1998.
            (2) Nothing in this subsection shall be read to require a 
        contract holder to waive any future claim against the United 
        States arising out of the Secretary's failure to meet any new 
        obligation assumed under a settlement agreement or backup 
        storage agreement, including any obligation related to the 
        movement of spent fuel by the Department.
    (e) Source of Funds.--Notwithstanding section 302(d) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222(d)), the Secretary may not 
make expenditures from the Nuclear Waste Fund for any costs that may be 
incurred by the Secretary pursuant to a settlement agreement or backup 
storage contract under this Act except--
            (1) the cost of acquiring and loading spent nuclear fuel 
        casks;
            (2) the cost of transporting spent nuclear fuel from the 
        contract holder's site to the repository; and
            (3) any other cost incurred by the Secretary required to 
        perform a settlement agreement or backup storage contract that 
        would have been incurred by the Secretary under the contracts 
        entered into under section 302(a) of the Nuclear Waste Policy 
        Act of 1982 (42 U.S.C. 10222(a)) notwithstanding their 
        amendment pursuant to this Act.
    (f) Reactor Demonstration Program.--(1) Not later than 120 days 
after the date of enactment of the Nuclear Waste Policy Amendments Act 
of 2000, and notwithstanding Section 302(a)(5) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10222(a)(5)), the Secretary is authorized 
to take title to the spent nuclear fuel withdrawn from the 
demonstration reactor remaining from the Cooperative Power Reactor 
Demonstration Program (Pub. L. No. 87-315, Sec. 109, 75 Stat. 679), the 
Dairyland Power Cooperative La Crosse Boiling Water Reactor. 
Immediately upon the Secretary's taking title to the Dairyland Power 
Cooperative La Crosse Boiling Water Reactor spent nuclear fuel, the 
Secretary shall assume all responsibility and liability for the interim 
storage and permanent disposal thereof and is authorized to compensate 
Dairyland Power Cooperative for any costs related to operating and 
maintaining facilities necessary for such storage, from the date of 
taking title until the Secretary removes the spent nuclear fuel from 
the Dairyland Power Cooperative La Crosse Boiling Water Reactor site. 
The Secretary's obligation to take title or compensate the holder of 
the Dairyland Power Cooperative La Crosse Boiling Water Reactor spent 
nuclear fuel under this subsection shall include all of such fuel, 
regardless of the delivery commitment schedule for such fuel under the 
Secretary's contract with the Dairyland Power Cooperative as the 
contract holder under Section 302(a) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10222(a)) or the acceptance schedule for such fuel 
under section 106 of this Act.
    (2) As a condition to the Secretary's taking of title to the 
Dairyland Power Cooperative La Crosse Boiling Water Reactor spent 
nuclear fuel, the contract holder for such fuel shall enter into a 
settlement agreement containing a waiver of claims against the United 
States as provided in this section.
    (g) Savings Clause.--(1) Nothing in this section shall limit the 
Secretary's existing authority to enter into settlement agreements or 
address shutdown reactors and any associated public health and safety 
or environmental concerns that may arise.
    (2) Nothing in this Act diminishes obligations imposed upon the 
Federal Government by the United States District Court of Idaho in an 
order entered on October 17, 1995 in United States v. Batt (No. 91-
0054-S-EJL). To the extent this Act imposes obligations on the Federal 
Government that are greater than those imposed by the court order, the 
provisions of this Act shall prevail.

SEC. 106. ACCEPTANCE SCHEDULE.

    (a) Priority Ranking.--Acceptance priority ranking shall be 
determined by the Department's ``Acceptance Priority Ranking'' report.
    (b) Acceptance Rate.--As soon as practicable after construction 
authorization, but no later than eighteen months after the year of 
issuance of a license to receive and possess spent nuclear fuel and 
high-level radioactive waste under section 101(c), the Secretary's 
total acceptance rate for all spent nuclear fuel and high-level waste 
shall be a rate no less than the following as measured in metric tons 
uranium (MTU), assuming that each high-level waste canister contains 
0.5 MTU: 500 MTU in year 1, 700 MTU in year 2, 1,300 MTU in year 3, 
2,100 MTU in year 4, 3,100 MTU in year 5, 3,300 MTU in years 6, 7, and 
8, 3,400 MTU in years 9 through 24, and 3,900 MTU in year 25 and 
thereafter.
    (c) Other Acceptances.--Subject to the conditions contained in the 
license to receive and possess spent nuclear fuel and high-level 
radioactive waste issued under section 101(c), of the amounts provided 
for in paragraph (b) for each year, not less than one-sixth shall be--
            (1) spent nuclear fuel or civilian high-level radioactive 
        waste of domestic origin from civilian nuclear power reactors 
        that have permanently ceased operation on or before the date of 
        enactment of the Nuclear Waste Policy Act Amendments of 2000;
            (2) spent nuclear fuel from foreign research reactors, as 
        necessary to promote nonproliferation activities; and
            (3) spent nuclear fuel and high-level radioactive waste 
        from research and atomic energy defense activities, including 
        spent nuclear fuel from naval reactors:
Provided, however, That the Secretary shall accept not less than 7.5 
percent of the total quantity of fuel and high-level radioactive waste 
accepted in any year from the categories of radioactive materials 
described in paragraphs (2) and (3) in subsection (c). If sufficient 
amounts of radioactive materials are not available to utilize this 
allocation, the Secretary shall allocate this acceptance capacity to 
other contract holders.
    (d) Effect on Schedule.--The contractual acceptance schedule shall 
not be modified in any way as a result of the Secretary's acceptance of 
any material other than contract holders' spent nuclear fuel and high-
level radioactive waste.
    (e) Multi-Year Shipping Campaigns.--Consistent with the acceptance 
schedule, the Secretary shall, in conjunction with contract holders, 
define a specified multi-year period for each shipping campaign and 
establish criteria under which the Secretary could accept contract 
holders' cumulative allocations of spent nuclear fuel during the 
campaign period at one time and thereby enhance the efficiency and 
cost-effectiveness of spent nuclear fuel and high-level waste 
acceptance.

SEC. 107. INITIAL LAND CONVEYANCES.

    (a) Conveyances of Public Lands.--One hundred and twenty days after 
enactment, all right, title and interest of the United States in the 
property described in subsection (b), and improvements thereon, 
together with all necessary easements for utilities and ingress and 
egress to such property, including, but not limited to, the right to 
improve those easements, are conveyed by operation of law to the County 
of Nye, County of Lincoln, or the City of Caliente, Nevada, unless the 
county notifies the Secretary of the Interior or the head of such other 
appropriate agency in writing within 60 days of such date that it 
elects not to take title to all or any part of the property, except 
that any lands conveyed to the County of Nye under this subsection that 
are subject to a Federal grazing permit or lease or a similar federally 
granted permit or lease shall be conveyed between 60 and 120 days of 
the earliest time the Federal agency administering or granting the 
permit or lease would be able to legally terminate such right under the 
statutes and regulations existing at the date of enactment of this Act, 
unless Nye County and the affected holder of the permit or lease 
negotiate an agreement that allows for an earlier conveyance.
    (b) Special Conveyances.--Subject to valid existing rights and 
notwithstanding any other law, the Secretary of the Interior or the 
head of the other appropriate agency shall convey:
            (1) To the County of Nye, Nevada, the following public 
        lands depicted on the maps dated February 1, 2000, and on file 
        with the Secretary:
                    Map 1: Proposed Pahrump Industrial Park Site
                    Map 2: Proposed Lathrop Wells (Gate 510) Industrial 
                Park Site
                    Map 3: Pahrump Landfill Sites
                    Map 4: Amargosa Valley Regional Landfill Site
                    Map 5: Amargosa Valley Municipal Landfill Site
                    Map 6: Beatty Landfill/Transfer Station Site
                    Map 7: Round Mountain Landfill Site
                    Map 8: Tonopah Landfill Site
                    Map 9: Gabbs Landfill Site.
            (2) To the County of Nye, Nevada, the following public 
        lands depicted on the maps dated February 1, 2000, and on file 
        with the Secretary:
                    Map 1: Beatty
                    Map 2: Ione/Berlin
                    Map 3: Manhattan
                    Map 4: Round Mountain/Smoky Valley
                    Map 5: Tonopah
                    Map 6: Armargosa Valley
                    Map 7: Pahrump.
            (3) To the County of Lincoln, Nevada, the following public 
        lands depicted on the maps dated February 1, 2000, and on file 
        with the Secretary:
                    Map 2: Lincoln County, Parcel M, Industrial Park 
                Site, Jointly with the City of Caliente
                    Map 3: Lincoln County, Parcels F and G, Mixed Use, 
                Industrial Sites
                    Map 4: Lincoln County, Parcels H and I, Mixed Use 
                and Airport Expansion Sites
                    Map 5: Lincoln County, Parcels J and K, Mixed Use, 
                Airport and Landfill Expansion Sites
                    Map 6: Lincoln County, Parcels E and L, Mixed Use, 
                Airport and Industrial Expansion Sites.
            (4) To the City of Caliente, Nevada, the following public 
        lands depicted on the maps dated February 1, 2000, and on file 
        with the Secretary:
                    Map 1: City of Caliente, Parcels A, B, C and D, 
                Community Growth, Landfill Expansion and Community 
                Recreation Sites
                    Map 2: City of Caliente, Parcel M, Industrial Park 
                Site, Jointly with Lincoln County.
            (5) To the City of Caliente, Nevada, the following public 
        lands depicted on the maps dated February 1, 2000, and on file 
        with the Secretary:
                    Map 1: City of Caliente, Industrial Park Site 
                Expansion.
    (c) Construction.--The maps and legal descriptions of special 
conveyance referred to in subsection (b) shall have the same force and 
effect as if they were included in this Act. The Secretary may correct 
clerical and typographical errors in the maps and legal descriptions 
and make minor adjustments in the boundaries of the sites.
    (d) Evidence of Title Transfer.--Upon the request of the County of 
Lincoln or the County of Nye, Nevada, the Secretary of the Interior 
shall provide evidence of title transfer.
    (e) Consent.--(1) The acceptance or use of any of the benefits 
provided under this title by any affected unit of local government 
shall not be deemed to be an expression of consent, express or implied, 
either under the Constitution of the State of Nevada or any law 
thereof, to the siting of the repository in the State of Nevada, any 
provision of such Constitution or laws to the contrary notwithstanding.
    (2) Arguments.--Neither the United States nor any other entity may 
assert any argument based on legal or equitable estoppel, or 
acquiescence, or waiver, or consensual involvement, in response to any 
decision by the State of Nevada, to oppose the siting in Nevada of the 
repository premised upon or related to the acceptance or use of 
benefits under this title.
    (3) Liability.--No liability of any nature shall accrue to be 
asserted against the State of Nevada, its Governor, any official 
thereof, or any official of any governmental unit thereof, premised 
solely upon the acceptance or use of benefits under this title.

                        TITLE II--TRANSPORTATION

SEC. 201. TRANSPORTATION.

    Section 180 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10175) is amended to read as follows:

                            ``transportation

    ``Sec. 180. (a) In General.--The transportation of spent nuclear 
fuel and high-level radioactive waste from any civilian nuclear power 
reactor to any other civilian nuclear power reactor or to any 
Department of Energy Facility, by or for the Secretary, or by or for 
any person who owns or generates spent nuclear fuel or high-level 
radioactive waste, shall be subject to licensing and regulation by the 
Commission and the Secretary of Transportation under all applicable 
provisions of existing law.
            ``(1) Preferred shipping routes.--The Secretary shall 
        select and cause to be used preferred shipping routes for the 
        transportation of spent nuclear fuel and high level radioactive 
        waste from each shipping origin to the repository in accordance 
        with the regulations promulgated by the Secretary of 
        Transportation under authority of the Hazardous Materials 
        Transportation Act (chapter 51 of title 49, United State Code) 
        and by the Nuclear Regulatory Commission under authority of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2201 et seq.).
            ``(2) State rerouting.--For purposes of this section, a 
        preferred route shall be an Interstate System highway for which 
        an alternative route is not designated by a State routing 
        agency, or a State-designated route designated by a State 
        routing agency pursuant to section 397.103 of title 49, Code of 
        Federal Regulations.
    ``(b) Shipping Containers.--No spent nuclear fuel or high-level 
radioactive waste may be transported by or for the Secretary under this 
Act except in packages--
            ``(1) the design of which has been certified by the 
        Commission; and
            ``(2) that have been determined by the Commission to 
        satisfy its quality assurance requirements.
    ``(c) Notification.--The Secretary shall provide advance 
notification to States and Indian tribes through whose jurisdiction the 
Secretary plans to transport spent nuclear fuel or high-level 
radioactive waste.
    ``(d) Technical Assistance.--
            ``(1) In general.--
                    ``(A) States and indian tribes.--As provided in 
                paragraph (3), the Secretary shall provide technical 
                assistance and funds to States and Indian tribes for 
                training of public safety officials or appropriate 
                units of State, local, and tribal government. A State 
                shall allocate to local governments within the State a 
                portion of any funds that the Secretary provides to the 
                State for technical assistance and funding.
                    ``(B) Employee organizations.--The Secretary shall 
                provide technical assistance and funds for training 
                directly to nonprofit employee organizations, voluntary 
                emergency response organizations, and joint labor-
                management organizations that demonstrate experience in 
                implementing and operating worker health and safety 
                training and education programs and demonstrate the 
                ability to reach and involve in training programs 
                target populations of workers who are or will be 
                directly engaged in the transportation of spent nuclear 
                fuel and high-level radioactive waste or emergency 
                response or post-emergency response with respect to 
                such transportation.
                    ``(C) Training.--Training under this section--
                            ``(i) shall cover procedures required for 
                        safe routine transportation of materials and 
                        procedures for dealing with emergency response 
                        situations;
                            ``(ii) shall be consistent with any 
                        training standards established by the Secretary 
                        of Transportation under subsection (h); and
                            ``(iii) shall include--
                                    ``(I) a training program applicable 
                                to persons responsible for responding 
                                to emergency situations occurring 
                                during the removal and transportation 
                                of spent nuclear fuel and high-level 
                                radioactive waste;
                                    ``(II) instruction of public safety 
                                officers in procedures for the command 
                                and control of the response to any 
                                incident involving the waste; and
                                    ``(III) instruction of radiological 
                                protection and emergency medical 
                                personnel in procedures for responding 
                                to an incident involving spent nuclear 
                                fuel or high-level radioactive waste 
                                being transported.
            ``(2) No shipments if no training.--
                    ``(A) There shall be no shipments by the Secretary 
                of spent nuclear fuel and high-level radioactive waste 
                through the jurisdiction of any State or the 
                reservation lands of any Indian tribe eligible for 
                grants under paragraph (3)(B) to the repository until 
                the Secretary has made a determination that personnel 
                in all State, local, and tribal jurisdictions on 
                primary and alternative shipping routes have met 
                acceptable standards of training for emergency 
                responses to accidents involving spent nuclear fuel and 
                high-level radioactive waste, as established by the 
                Secretary, and unless technical assistance and funds to 
                implement procedures for the safe routine 
                transportation and for dealing with emergency response 
                situations under paragraph (1)(A) have been available 
                to a State or Indian tribe for at least 3 years prior 
                to any shipment: Provided, however, That the Secretary 
                may ship spent nuclear fuel and high-level radioactive 
                waste if technical assistance or funds have not been 
                made available because of--
                            ``(i) an emergency, including the sudden 
                        and unforeseen closure of a highway or rail 
                        line or the sudden and unforeseen need to 
                        remove spent fuel from a reactor because of an 
                        accident, or
                            ``(ii) the refusal to accept technical 
                        assistance by a State or Indian tribe, or
                            ``(iii) fraudulent actions which violate 
                        Federal law governing the expenditure of 
                        Federal funds.
                    ``(B) In the event the Secretary is required to 
                transport spent fuel or high-level radioactive waste 
                through a jurisdiction prior to 3 years after the 
                provision of technical assistance or funds to such 
                jurisdiction, the Secretary shall, prior to such 
                shipment, hold meetings in each State and Indian 
                reservation through which the shipping route passes in 
                order to present initial shipment plans and receive 
                comments. Department of Energy personnel trained in 
                emergency response shall escort each shipment. Funds 
                and all Department of Energy training resources shall 
                be made available to States and Indian tribes along the 
                shipping route no later than three months prior to the 
                commencement of shipments: Provided, however, That in 
                no event shall such shipments exceed 1,000 metric tons 
                per year: Provided further, That no such shipments 
                shall be conducted more than four years after the 
                effective date of the Nuclear Waste Policy Amendments 
                Act of 2000.
            ``(3) Grants.--
                    ``(A) In general.--To implement this section, the 
                Secretary may make expenditures from the Nuclear Waste 
                Fund to the extent provided for in appropriation Acts.
                    ``(B) Grants for development of plans.--
                            ``(i) In general.--The Secretary shall make 
                        a grant of at least $150,000 to each State 
                        through the jurisdiction of which and each 
                        federally recognized Indian tribe through the 
                        reservation lands of which one or more 
                        shipments of spent nuclear fuel or high-level 
                        radioactive waste will be made under this Act 
                        for the purpose of developing a plan to prepare 
                        for such shipments.
                            ``(ii) Limitation.--A grant shall be made 
                        under clause (i) only to a State or a federally 
                        recognized Indian tribe that has the authority 
                        to respond to incidents involving shipments of 
                        hazardous material.
                    ``(C) Grants for implementation of plans.--
                            ``(i) In general.--Annual implementation 
                        grants shall be made to States and Indian 
                        tribes that have developed a plan to prepare 
                        for shipments under this Act under subparagraph 
                        (B). The Secretary, in submitting the annual 
                        departmental budget to Congress for funding of 
                        implementation grants under this section, shall 
                        be guided by the State and tribal plans 
                        developed under subparagraph (B). As part of 
                        the Department of Energy's annual budget 
                        request, the Secretary shall report to Congress 
                        on--
                                    ``(I) the funds requested by States 
                                and federally recognized Indian tribes 
                                to implement this subsection;
                                    ``(II) the amount requested by the 
                                President for implementation; and
                                    ``(III) the rationale for any 
                                discrepancies between the amounts 
                                requested by States and federally 
                                recognized Indian tribes and the 
                                amounts requested by the President.
                            ``(ii) Allocation.--Of funds available for 
                        grants under this subparagraph for any fiscal 
                        year--
                                    ``(I) 25 percent shall be allocated 
                                by the Secretary to ensure minimum 
                                funding and program capability levels 
                                in all States and Indian tribes based 
                                on plans developed under subparagraph 
                                (B); and
                                    ``(II) 75 percent shall be 
                                allocated to States and Indian tribes 
                                in proportion to the number of shipment 
                                miles that are projected to be made in 
                                total shipments under this Act through 
                                each jurisdiction.
            ``(4) Availability of funds for shipments.--Funds under 
        paragraph (1) shall be provided for shipments to a repository, 
        regardless of whether the repository is operated by a private 
        entity or by the Department of Energy.
            ``(5) Minimizing duplication of effort and expenses.--The 
        Secretaries of Transportation, Labor, and Energy, Directors of 
        the Federal Emergency Management Agency and National Institute 
        of Environmental Health Sciences, the Nuclear Regulatory 
        Commission, and Administrator of the Environmental Protection 
        Agency shall review periodically, with the head of each 
        department, agency, or instrumentality of the Government, all 
        emergency response and preparedness training programs of that 
        department, agency, or instrumentality to minimize duplication 
        of effort and expense of the department, agency, or 
        instrumentality in carrying out the programs and shall take 
        necessary action to minimize duplication.
    ``(e) Public Information.--The Secretary shall conduct a program, 
in cooperation with corridor States and tribes, to inform the public 
regarding the transportation of spent nuclear fuel and high-level 
radioactive waste, with an emphasis on those States, units of local 
government, and Indian tribes through whose jurisdiction the Secretary 
plans to transport substantial amounts of spent nuclear fuel or high-
level radioactive waste.
    ``(f) Use of Private Carriers.--The Secretary, in providing for the 
transportation of spent nuclear fuel and high-level radioactive waste 
under this Act, shall contract with private industry to the fullest 
extent possible in each aspect of such transportation. The Secretary 
shall use direct Federal services for such transportation only upon a 
determination by the Secretary of Transportation, in consultation with 
the Secretary, that private industry is unable or unwilling to provide 
such transportation services at a reasonable cost.
    ``(g) Compliance With Transportation Regulations.--Any person that 
transports spent nuclear fuel or high-level radioactive waste under the 
Nuclear Waste Policy Amendments Act of 2000, pursuant to a contract 
with the Secretary, shall comply with all requirements governing such 
transportation issued by the Federal, State and local governments, and 
Indian tribes, in the same way and to the same extent that any person 
engaging in that transportation that is in or affects interstate 
commerce must comply with such requirements, as required by section 
5126 of title 49, United States Code.
    ``(h) Employee Protection.--Any person engaged in the interstate 
commerce of spent nuclear fuel or high-level radioactive waste under 
contract to the Secretary pursuant to this Act shall be subject to and 
comply fully with the employee protection provisions of section 20109 
of title 49, United States Code (in the case of employees of railroad 
carriers) and section 31105 of title 49, United States Code (in the 
case of employees operating commercial motor vehicles), or the 
Commission (in the case of all other employees).
    ``(i) Training Standard.--
            ``(1) Regulation.--No later than 12 months after the date 
        of enactment of the Nuclear Waste Policy Amendments Act of 
        2000, the Secretary of Transportation, pursuant to authority 
        under other provisions of law, in consultation with the 
        Secretary of Labor and the Commission, shall promulgate a 
        regulation establishing training standards applicable to 
        workers directly involved in the removal and transportation of 
        spent nuclear fuel and high-level radioactive waste. The 
        regulation shall specify minimum training standards applicable 
        to workers, including managerial personnel. The regulation 
        shall require that the employer possess evidence of 
        satisfaction of the applicable training standard before any 
        individual may be employed in the removal and transportation of 
        spent nuclear fuel and high-level radioactive waste.
            ``(2) Secretary of transportation.--If the Secretary of 
        Transportation determines, in promulgating the regulation 
        required by paragraph (1), that existing Federal regulations 
        establish adequate training standards for workers, then the 
        Secretary of Transportation can refrain from promulgating 
        additional regulations with respect to worker training in such 
        activities. The Secretary of Transportation and the Commission 
        shall, by Memorandum of Understanding, ensure coordination of 
        worker training standards and to avoid duplicative regulation.
            ``(3) Training standards content.--(A) If training 
        standards are required to be promulgated under paragraph (1), 
        such standards shall, among other things deemed necessary and 
        appropriate by the Secretary of Transportation, provide for--
                    ``(i) a specified minimum number of hours of 
                initial offsite instruction and actual field experience 
                under the direct supervision of a trained, experienced 
                supervisor;
                    ``(ii) a requirement that onsite managerial 
                personnel receive the same training as workers, and a 
                minimum number of additional hours of specialized 
                training pertinent to their managerial 
                responsibilities; and
                    (iii) a training program applicable to persons 
                responsible for responding to and cleaning up emergency 
                situations occurring during the removal and 
                transportation of spent nuclear fuel and high-level 
                radioactive waste.
            ``(B) The Secretary of Transportation may specify an 
        appropriate combination of knowledge, skills, and prior 
        training to fulfill the minimum number of hours requirements of 
        clauses (i) and (ii).
            ``(4) Emergency responder training standards.--The training 
        standards for persons responsible for responding to emergency 
        situations occurring during the removal and transportation of 
        spent nuclear and high-level radioactive waste shall, in 
        accordance with existing regulations, ensure their ability to 
        protect nearby persons, property, or the environment from the 
        effects of accidents involving spent nuclear fuel and high-
        level radioactive waste.
            ``(5) Authorization.--There is authorized to be 
        appropriated to the Secretary of Transportation, from general 
        revenues, such sums as may be necessary to perform his duties 
        under this subsection.''.

     TITLE III--DEVELOPMENT OF NATIONAL SPENT NUCLEAR FUEL STRATEGY

SEC. 301. FINDINGS.

    (a) Prior to permanent closure of the geologic repository in Yucca 
Mountain, Congress must determine whether the spent fuel in the 
repository should be treated as waste subject to permanent burial or 
should be considered an energy resource that is needed to meet future 
energy requirements.
    (b) Future use of nuclear energy may require construction of a 
second geologic repository unless Yucca Mountain can safely accommodate 
additional spent fuel. Improved spent fuel strategies may increase the 
capacity of Yucca Mountain.
    (c) Prior to construction of any second permanent geologic 
repository, the nation's current plans for permanent burial of spent 
fuel should be re-evaluated.

SEC. 302. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.

    (a) Establishment.--There is hereby established an Office of Spent 
Nuclear Fuel Research within the Office of Nuclear Energy Science and 
Technology of the Department of Energy. The Office shall be headed by 
the Associate Director, who shall be a member of the Senior Executive 
Service appointed by the Director of the Office of Nuclear Energy 
Science and Technology, and compensated at a rate determined by 
applicable law.
    (b) Associate Director.--The Associate Director of the Office of 
Spent Nuclear Fuel Research shall be responsible for carrying out an 
integrated research, development, and demonstration program on 
technologies for treatment, recycling, and disposal of high-level 
nuclear radioactive waste and spent nuclear fuel, subject to the 
general supervision of the Secretary. The Associate Director of the 
Office shall report to the Director of the Office of Nuclear Energy 
Science and Technology. The first such Associate Director shall be 
appointed within 90 days of the enactment of the Nuclear Waste Policy 
Amendments Act of 2000.
    (c) Grant and Contract Authority.--In carrying out his 
responsibilities under this section, the Secretary may make grants, or 
enter into contracts, for the purposes of the research projects and 
activities described in (d)(2).
    (d) Duties.--(1) The Associate Director of the Office shall involve 
national laboratories, universities, the commercial nuclear industry, 
and other organizations to investigate technologies for the treatment, 
recycling, and disposal of spent nuclear fuel and high-level 
radioactive waste.
    (2) The Associate Director of the Office shall--
            (A) develop a research plan to provide recommendations by 
        2015;
            (B) identify promising technologies for the treatment, 
        recycling, and disposal of spent nuclear fuel and high-level 
        radioactive waste;
            (C) conduct research and development activities for 
        promising technologies;
            (D) ensure that all activities include as key objectives 
        minimization of proliferation concerns and risk to the health 
        of the general public or site workers, as well as development 
        of cost-effective technologies;
            (E) require research on both reactor- and accelerator-based 
        transmutation systems;
            (F) require research on advanced processing and 
        separations;
            (G) ensure that research efforts with this Office are 
        coordinated with research on advanced fuel cycles and reactors 
        conducted within the Office of Nuclear Energy Science and 
        Technology.
    (e) Report.--The Associate Director of the Office of Spent Nuclear 
Fuel Research shall annually prepare and submit a report to the 
Congress on the activities and expenditures of the Office that 
discusses progress being made in achieving the objectives of subsection 
(b).

                  TITLE IV--GENERAL AND MISCELLANEOUS

SEC. 401. DECOMMISSIONING PILOT PROGRAM.

    (a) Authorization.--The Secretary is authorized to establish a 
Decommissioning Pilot Program to decommission and decontaminate the 
sodium-cooled fast breeder experimental test-site reactor located in 
northwest Arkansas.
    (b) Funding.--No funds from the Nuclear Waste Fund may be used for 
the Decommissioning Pilot Program.

SEC. 402. REPORTS.

    (a) The Secretary is directed to report within 90 days from 
enactment of this Act regarding all alternatives available to Northern 
States Power Company and the Federal Government which would allow 
Northern States Power Company to operate the Prairie Island Nuclear 
Generating Plant until the end of the term of its current Nuclear 
Regulatory Commission licenses, assuming existing State and Federal 
laws remain unchanged.
    (b) Within six months of enactment of this Act, the General 
Accounting Office is directed to report back to the Senate Committee on 
Energy and Natural Resources and the House Committee on Commerce on the 
potential economic impacts to Minnesota, North Dakota, South Dakota, 
Wisconsin, and Michigan ratepayers should the Prairie Island Nuclear 
Generating Plant cease operations once it has met its State-imposed 
storage limitation, including the costs of new generation, 
decommissioning costs, and the costs of continued operation of onsite 
storage of spent nuclear fuel storage.

SEC. 403. SEPARABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held to be invalid, the remainder of 
this Act, or the application of such provision to persons or 
circumstances other than those as to which it is held invalid, shall 
not be affected thereby.

SEC. 404. FAST FLUX TEST FACILITY.

    Any spent nuclear fuel associated with the Fast Flux Test Facility 
at the Hanford Reservation shall be transported and stored at the 
repository site as soon as practicable after the Commission has 
authorized the construction of the repository.

            Passed the Senate February 10, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 1287

_______________________________________________________________________

                                 AN ACT

To provide for the storage of spent nuclear fuel pending completion of 
         the nuclear waste repository, and for other purposes.

S 1287 ES----2
S 1287 ES----3
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