I

104TH CONGRESS

1ST SESSION H. R. 1020

To amend the Nuclear Waste Policy Act of 1982.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1995

Mr. UPTON (for himself, Mr. TOWNS, Mr. BILIRAKIS, Mr. MANTON, Mr.

STEARNS, Mr. HALL of Texas, Mr. NORWOOD, Mr. GORDON, Mr. BURR,

Mrs. THURMAN, Mr. HASTERT, Mr. GILLMOR, Mr. MOORHEAD, Mr. GRAHAM, and Mr. FRANKS of Connecticut) introduced the following bill;

which was referred to the Committee on Commerce and, in addition, to

the Committees on Resources, Transportation and Infrastructure, and the

Budget, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Nuclear Waste Policy Act of 1982.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. NUCLEAR WASTE POLICY ACT OF 1982.

4 The Nuclear Waste Policy Act of 1982 is amended

5 to read as follows:
2

•HR 1020 IH

1 ‘‘SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

2 ‘‘(a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Integrated Spent Nuclear Fuel Management Act of

4 1995’’.

5 ‘‘(b) TABLE OF CONTENTS.—

‘‘Sec. 1. Short title and table of contents.

‘‘Sec. 2. Definitions.

‘‘Sec. 3. Findings and purposes.

‘‘TITLE I—OBLIGATIONS AND REMEDIES

‘‘Sec. 101. Obligations of the Secretary of Energy.

‘‘Sec. 102. Remedies.

‘‘TITLE II—INTEGRATED SPENT NUCLEAR FUEL MANAGEMENT

SYSTEM

‘‘Sec. 201. Establishment of the integrated spent nuclear fuel management system.

‘‘Sec. 202. Railroad.

‘‘Sec. 203. Transportation planning.

‘‘Sec. 204. Transportation requirements.

‘‘Sec. 205. Multi-purpose canister systems.

‘‘Sec. 206. Interim storage.

‘‘Sec. 207. Permanent disposal.

‘‘Sec. 208. Land withdrawal.

‘‘Sec. 209. Private storage facilities.

‘‘TITLE III—STATE RELATIONS

‘‘Sec. 301. State consultation and assistance.

‘‘TITLE IV—FUNDING AND ORGANIZATION

‘‘Sec. 401. Budget priorities.

‘‘Sec. 402. Environmental requirements.

‘‘Sec. 403. Nuclear waste fund.

‘‘Sec. 404. Office of Civilian Radioactive Waste Management.

‘‘Sec. 405. Defense contribution.

‘‘TITLE V—GENERAL AND MISCELLANEOUS PROVISIONS

‘‘Sec. 501. Compliance with other laws.

‘‘Sec. 502. Judicial review of agency actions.

‘‘Sec. 503. Title to material.

‘‘Sec. 504. Licensing of facility expansions and transshipments.

‘‘Sec. 505. Siting a second repository.

‘‘Sec. 506. Financial arrangements for low-level radioactive waste site closure.

‘‘Sec. 507. Nuclear Regulatory Commission training authority.

‘‘TITLE VI—NUCLEAR WASTE TECHNICAL REVIEW BOARD
3

•HR 1020 IH

‘‘Sec. 601. Definitions.

‘‘Sec. 602. Nuclear Waste Technical Review Board.

‘‘Sec. 603. Functions.

‘‘Sec. 604. Investigatory powers.

‘‘Sec. 605. Compensation of members.

‘‘Sec. 606. Staff.

‘‘Sec. 607. Support services.

‘‘Sec. 608. Report.

‘‘Sec. 609. Authorization of appropriations.

‘‘Sec. 610. Termination of the board.

‘‘TITLE VII—MANAGEMENT REFORM

‘‘Sec. 701. Management reform initiatives.

‘‘Sec. 702. Reporting.

1 ‘‘SEC. 2. DEFINITIONS.

2 ‘‘For purposes of this Act:

3 ‘‘(1) The term ‘accept’ or ‘acceptance’ means

4 the Secretary’s act of taking title to and possession

5 of commercial spent nuclear fuel and high-level ra6 dioactive waste pursuant to contracts and removing

7 such spent nuclear fuel and high-level waste from

8 the sites designated by the contract holders pursuant

9 to such contracts.

10 ‘‘(2) The term ‘acceptance schedule’ means the

11 schedule established pursuant to the contracts for

12 acceptance by the Secretary of spent nuclear fuel

13 and high-level radioactive waste from the contract

14 holders. The acceptance schedule shall be imple15 mented in accordance with the following:

16 ‘‘(A) Acceptance priority ranking shall be

17 determined by the Department’s annual ‘Ac18 ceptance Priority Ranking’ report.
4

•HR 1020 IH

1 ‘‘(B) The Secretary’s spent fuel acceptance

2 rate shall be no less than the following: 1,200

3 MTU in 1998 and 1,200 MTU in 1999; 2,000

4 MTU in 2000 and 2000 MTU in 2001; 2,700

5 MTU in 2002; and 3,000 MTU thereafter.

6 ‘‘(C) If the Secretary is unable to begin ac7 ceptance by January 31, 1998 at the rates

8 specified in subparagraph (B), or if the cumu9 lative amount accepted in any year thereafter is

10 less than that which would have been accepted

11 under the acceptance rate specified in subpara12 graph (B), the acceptance schedule shall be ad13 justed upward such that within 5 years of the

14 start of acceptance by the Secretary—

15 ‘‘(i) the total quantity accepted by the

16 Secretary is consistent with the total quan17 tity that the Secretary would have accepted

18 if the Secretary had began acceptance in

19 1998, and

20 ‘‘(ii) thereafter the acceptance rate is

21 equivalent to the rate that would be in

22 place pursuant to subparagraph (B) above

23 if the Secretary had commenced accept24 ance in 1998.
5

•HR 1020 IH

1 ‘‘(D) The acceptance schedule shall not be

2 affected or modified in any way as a result of

3 the Secretary’s acceptance of any material other

4 than contract holders’ spent nuclear fuel and

5 high-level radioactive waste.

6 ‘‘(3) The term ‘affected Indian tribe’ means any

7 Indian tribe—

8 ‘‘(A) within whose reservation boundaries

9 an interim storage facility or a repository for

10 spent nuclear fuel or high-level radioactive

11 waste is proposed to be located; or

12 ‘‘(B) whose federally defined possessory or

13 usage rights to other lands outside of the res14 ervation’s boundaries arising out of congres15 sionally ratified treaties may be substantially

16 and adversely affected by the locating of such

17 a facility: provided, that the Secretary of the

18 Interior finds, upon the petition of the appro19 priate governmental officials of the tribe, that

20 such effects are both substantial and adverse to

21 the tribe.

22 ‘‘(4) The term ‘affected unit of local govern23 ment’ means the unit of local government with juris24 diction over the site of the repository or interim

25 storage facility. Such term may, at the discretion of
6

•HR 1020 IH

1 the Secretary, include other units of local govern2 ment that are contiguous with such unit.

3 ‘‘(5) The term ‘atomic energy defense activity’

4 means any activity of the Secretary performed in

5 whole or in part in carrying out any of the following

6 functions:

7 ‘‘(A) Naval reactors development.

8 ‘‘(B) Weapons activities including defense

9 inertial confinement fusion.

10 ‘‘(C) Verification and control technology.

11 ‘‘(D) Defense nuclear materials produc12 tion.

13 ‘‘(E) Defense nuclear waste and materials

14 byproducts management.

15 ‘‘(F) Defense nuclear materials security

16 and safeguards and security investigations.

17 ‘‘(G) Defense research and development.

18 ‘‘(6) The term ‘civilian nuclear power reactor’

19 means a civilian nuclear power plant required to be

20 licensed under section 103 or 104 b. of the Atomic

21 Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).

22 ‘‘(7) The term ‘contracts’ means the contracts,

23 executed prior to the date of enactment of this Act,

24 under section 302(a) of the Nuclear Waste Policy

25 Act of 1982, by the Secretary and any person who
7

•HR 1020 IH

1 generates or holds title to high-level radioactive

2 waste or spent nuclear fuel of domestic origin for ac3 ceptance of such waste or fuel by the Secretary and

4 the payment of fees to offset the Secretary’s expend5 itures.

6 ‘‘(8) The term ‘contract holders’ means parties

7 to contracts other than the Secretary.

8 ‘‘(9) The term ‘Commission’ means the Nuclear

9 Regulatory Commission.

10 ‘‘(10) The term ‘Department’ means the De11 partment of Energy.

12 ‘‘(11) The term ‘disposal’ means the emplace13 ment in a repository of high-level radioactive waste,

14 spent nuclear fuel, or other highly radioactive mate15 rial with no foreseeable intent of recovery, whether

16 or not such emplacement permits recovery of such

17 material for any future purpose.

18 ‘‘(12) The term ‘disposal system’ means all nat19 ural barriers and engineered barriers, and engi20 neered systems and components, that prevent the re21 lease of radionuclides from the Yucca Mountain site.

22 ‘‘(13) The term ‘engineered barriers’ and ‘engi23 neered systems and components,’ means man made

24 components of a disposal system. Such term includes

25 the high-level radioactive waste or spent nuclear fuel
8

•HR 1020 IH

1 form, high-level radioactive waste or spent nuclear

2 fuel package, and other materials placed over and

3 around such packages.

4 ‘‘(14) The term ‘high-level radioactive waste’

5 means—

6 ‘‘(A) the highly radioactive material result7 ing from the reprocessing of spent nuclear fuel,

8 including liquid waste produced directly in re9 processing and any solid material derived from

10 such liquid waste that contains fission products

11 in sufficient concentrations; and

12 ‘‘(B) other highly radioactive material that

13 the Commission, consistent with existing law,

14 determines by rule requires permanent isola15 tion.

16 ‘‘(15) The term ‘Federal agency’ means any

17 Executive agency, as defined in section 105 of title

18 5, United States Code.

19 ‘‘(16) The term ‘Indian tribe’ means any Indian

20 tribe, band, nation, or other organized group or com21 munity of Indians recognized as eligible for the serv22 ices provided to Indians by the Secretary of the Inte23 rior because of their status as Indians including any

24 Alaska Native village, as defined in section 3(c) of
9

•HR 1020 IH

1 the Alaska Native Claims Settlement Act (43 U.S.C.

2 1602(c)).

3 ‘‘(17) The term ‘integrated spent nuclear fuel

4 management system’ means an integrated system,

5 developed by the Secretary in accordance with the

6 provisions of title II of this Act.

7 ‘‘(18) The term ‘interim storage facility’ means

8 a facility designed and constructed for the receipt,

9 handling, possession, safeguarding, and storage of

10 spent nuclear fuel and other materials in accordance

11 with title II of this Act.

12 ‘‘(19) The term ‘interim storage facility site’

13 means either the specific site within Area 25 of the

14 Nevada Test Site that is designated by the Secretary

15 and withdrawn and reserved in accordance with this

16 Act for the location of the interim storage facility,

17 or, such other volunteer site in Nevada that is des18 ignated by the Secretary for the location of an in19 terim storage facility in accordance with Title II of

20 this Act.

21 ‘‘(20) The term ‘low-level radioactive waste’

22 means radioactive material that—

23 ‘‘(A) is not high-level radioactive waste,

24 spent nuclear fuel, transuranic waste, or by25 product material as defined in section 11 e.(2)
10

•HR 1020 IH

1 of the Atomic Energy Act of 1954 (42 U.S.C.

2 2014(e)(2)); and

3 ‘‘(B) the Commission, consistent with ex4 isting law, classifies as low-level radioactive

5 waste.

6 ‘‘(21) The term ‘metric tons uranium’ or

7 ‘MTU’ means the amount of uranium in the original

8 unirradiated fuel element whether or not the spent

9 nuclear fuel has been reprocessed.

10 ‘‘(22) The term ‘multi-purpose canister system’

11 means a metal canister, together with overpacks, as

12 required, capable of holding spent nuclear fuel as13 semblies and miscellaneous support equipment dur14 ing storage, transportation, and disposal.

15 ‘‘(23) The term ‘Office’ means the Office of Ci16 vilian Radioactive Waste Management established

17 within the Department prior to the date of enact18 ment of this Act under the provisions of the Nuclear

19 Waste Policy Act of 1982.

20 ‘‘(24) The term ‘program approach’ means the

21 Civilian Radioactive Waste Management Program

22 Plan, dated December 19, 1994, as modified by this

23 Act, and as amended from time to time by the Sec24 retary in accordance with this Act.
11

•HR 1020 IH

1 ‘‘(25) The term ‘repository’ means a system de2 signed and constructed under title II of this Act for

3 the permanent geologic disposal of high-level radio4 active waste and spent nuclear fuel, including both

5 surface and subsurface areas at which high-level ra6 dioactive waste and spent nuclear fuel receipt, han7 dling, possession, safeguarding, storage, and han8 dling activities are conducted.

9 ‘‘(26) The term ‘Secretary’ means the Secretary

10 of Energy.

11 ‘‘(27) The term ‘site characterization’ means

12 activities, whether in a laboratory or in the field, un13 dertaken to establish the geologic condition and the

14 ranges of the parameters of a candidate site relevant

15 to the location of a repository, including borings,

16 surface excavations, excavations of exploratory facili17 ties, limited subsurface lateral excavations and bor18 ings, and in situ testing needed to evaluate the

19 licenseability of a candidate site for the location of

20 a repository, but not including preliminary borings

21 and geophysical testing needed to assess whether

22 site characterization should be undertaken.

23 ‘‘(28) The term ‘spent nuclear fuel’ means fuel

24 that has been withdrawn from a nuclear reactor fol-
12

•HR 1020 IH

1 lowing irradiation, the constituent elements of which

2 have not been separated by reprocessing.

3 ‘‘(29) The term ‘storage’ means retention of

4 high-level radioactive waste, spent nuclear fuel, or

5 transuranic waste with the intent to recover such

6 waste or fuel for subsequent use, processing, or dis7 posal.

8 ‘‘(30) The term ‘waste fund’ means the nuclear

9 waste fund established in the United States Treas10 ury prior to the date of enactment of this Act under

11 section 302(c) of the Nuclear Waste Policy Act of

12 1982.

13 ‘‘(31) The term ‘withdrawal’ has the same defi14 nition as that set forth in the Federal Land Policy

15 Management Act (43 U.S.C. 1702).

16 ‘‘(32) The term ‘Yucca Mountain site’ means

17 the area in the State of Nevada that is withdrawn

18 and reserved in accordance with this Act for the lo19 cation of a repository.

20 ‘‘SEC. 3. FINDINGS AND PURPOSES.

21 ‘‘(a) FINDINGS.—The Congress finds that—

22 ‘‘(1) a national problem has been created by the

23 accumulation of—

24 ‘‘(A) spent nuclear fuel from and at nu25 clear reactors; and
13

•HR 1020 IH

1 ‘‘(B) radioactive waste from—

2 ‘‘(i) reprocessing of spent nuclear fuel;

3 ‘‘(ii) activities related to medical re4 search, diagnosis, and treatment; and

5 ‘‘(iii) other sources;

6 ‘‘(2) the storage and disposal of high-level ra7 dioactive waste and spent nuclear fuel at a central

8 Federal site is vital to the protection of the public

9 health and safety and the environment and to the

10 maintenance of the energy security of the United

11 States;

12 ‘‘(3) while spent nuclear fuel can be safely

13 stored at reactor sites, the expeditious movement to

14 and storage of such spent nuclear fuel at a central15 ized Federal facility will enhance the nation’s envi16 ronmental protection;

17 ‘‘(4) while the Federal Government has the re18 sponsibility to provide for the centralized interim

19 storage and permanent disposal of high-level radio20 active waste and spent nuclear fuel to protect the

21 public health and safety and the environment, the

22 costs of such storage and disposal should be the re23 sponsibility of the generators and owners of such

24 waste and fuel, including the Federal Government;
14

•HR 1020 IH

1 ‘‘(5) development of an integrated spent nuclear

2 fuel management system would provide a safe, envi3 ronmentally sound, efficient, and cost effective meth4 od of storing, transporting, and disposing of high5 level radioactive waste and spent nuclear fuel, and

6 would ensure that the consumers of nuclear energy

7 are receiving the services for which they have paid,

8 including interest, over $10,000,000,000;

9 ‘‘(6) the expeditious development and utilization

10 of a central Federal facility and associated equip11 ment for the storage of spent nuclear fuel, as well

12 as the transportation infrastructure necessary for

13 access to such a facility, is not only critical to the

14 nation’s energy security and environmental protec15 tion, but would provide a means for the Secretary to

16 meet the Secretary’s obligations under this Act;

17 ‘‘(7) in the interests of protecting the public

18 health and safety, enhancing the nation’s environ19 mental protection, promoting the nation’s energy se20 curity, and ensuring the Secretary’s ability to meet

21 the Secretary’s obligation to commence acceptance of

22 spent nuclear fuel no later than January 31, 1998,

23 it is necessary for Congress to take steps to stream24 line the processes for siting, licensing, and commenc25 ing operations at an interim storage facility;
15

•HR 1020 IH

1 ‘‘(8) the Secretary should continue the ongoing

2 efforts to develop multi-purpose canister-based sys3 tems for the storage, transportation, and disposal of

4 spent nuclear fuel and high-level radioactive waste in

5 accordance with the obligations imposed by this Act,

6 because such systems could provide benefits to the

7 integrated spent nuclear fuel management system

8 from a cost, feasibility, health and safety, and risk

9 perspective;

10 ‘‘(9) the beneficiaries of nuclear energy have a

11 responsibility to provide future generations with a

12 safe, integrated system for the storage, transport

13 and disposal of spent nuclear fuel and high-level

14 waste, and to bear the financial costs of developing

15 such a system in a responsible, timely, efficient and

16 cost-effective manner;

17 ‘‘(10) pursuant to the Nuclear Waste Policy

18 Act of 1982 and the contracts executed thereunder,

19 the Secretary has a clear and unconditional obliga20 tion to accept spent nuclear fuel and high-level ra21 dioactive waste beginning not later than January 31,

22 1998, which obligation is continued under this Act;

23 ‘‘(11) the customers of owners and generators

24 of high-level radioactive waste and spent nuclear fuel

25 have provided, including interest, over $10 billion,
16

•HR 1020 IH

1 and continue to provide billions of dollars of funding

2 to finance the Secretary’s implementation of the

3 Secretary’s responsibilities to provide for the interim

4 storage, transportation, and permanent disposal of

5 spent nuclear fuel and high-level radioactive waste;

6 and

7 ‘‘(12) deficit-control measures designed to limit

8 appropriation of general revenues have unreasonably

9 limited the availability of the nuclear waste fund for

10 its intended purposes.

11 ‘‘(b) PURPOSES.—The purposes of this Act are—

12 ‘‘(1) to direct the Secretary to develop an inte13 grated spent nuclear fuel management system in ac14 cordance this Act and to commence acceptance of

15 spent nuclear fuel and high-level radioactive waste in

16 accordance with the acceptance schedule no later

17 than January 31, 1998;

18 ‘‘(2) to provide a means for the Secretary to

19 fulfill the Secretary’s obligation to commence accept20 ance of spent nuclear fuel beginning not later than

21 January 31, 1998, by—

22 ‘‘(A) requiring and facilitating the develop23 ment, licensing procurement, and deployment of

24 multi-purpose canister systems;
17

•HR 1020 IH

1 ‘‘(B) directing the Secretary to develop an

2 interim storage facility at area 25 of the Ne3 vada test site, or, at a volunteer host site in Ne4 vada;

5 ‘‘(C) eliminating unnecessary duplication

6 of agency effort in complying with Federal envi7 ronmental laws in connection with the certifi8 cation of multi-purpose canisters and the siting,

9 licensing, construction and operation of the in10 terim storage facility, including related activi11 ties such as transportation, while ensuring com12 pliance with the purposes of such laws;

13 ‘‘(D) modifying the provisions for licensing

14 of the repository to more appropriately reflect

15 the nature of the facility; and

16 ‘‘(E) modifying the provisions for judicial

17 review of the Secretary’s and the Commission’s

18 actions to ensure that such review takes place

19 at the appropriate time and does not unduly

20 delay development of the integrated spent nu21 clear fuel management system;

22 ‘‘(3) to take those actions necessary to ensure

23 that the consumers of nuclear energy, who are fund24 ing the Secretary’s activities under this Act, receive

25 the services to which they are entitled and realize
18

•HR 1020 IH

1 the benefits of enhanced protection of public health

2 and safety, and the environment, that will ensue

3 from the Secretary’s compliance with the obligations

4 imposed by this Act;

5 ‘‘(4) to provide a schedule and process for the

6 expeditious and safe development and commence7 ment of operation of a interim storage facility, the

8 procurement of related equipment, and any nec9 essary modifications to the transportation infrastruc10 ture to ensure that the Secretary can satisfy the ob11 ligation to commence acceptance of high level waste

12 and spent nuclear fuel no later than January 31,

13 1998;

14 ‘‘(5) to facilitate the development of an inte15 grated spent nuclear fuel management system for

16 management of high-level radioactive waste and

17 spent nuclear fuel;

18 ‘‘(6) to direct the Secretary to continue the on19 going activities with respect to the design, licensing,

20 procurement, and deployment of multi-purpose can21 ister systems that can be utilized for the storage,

22 transportation, and disposal of spent nuclear fuel

23 and high level radioactive waste;

24 ‘‘(7) to direct the Secretary to implement man25 agement reforms in the civilian radioactive waste
19

•HR 1020 IH

1 management program, as appropriate, to facilitate

2 the Secretary’s ability to implement the integrated

3 spent nuclear fuel management system in a timely,

4 efficient, safe, and cost-effective manner;

5 ‘‘(8) to eliminate unreasonable restrictions on

6 the appropriation of funds paid by consumers of nu7 clear energy into the nuclear waste fund to ensure

8 that such funds are available as necessary and ap9 propriate to support development of the integrated

10 spent nuclear fuel management system; and

11 ‘‘(9) to recognize and encourage private efforts

12 to provide for temporary storage of spent nuclear

13 fuel until the Secretary fulfills the Secretary’s con14 tractual and statutory obligation to accept spent nu15 clear fuel, and to authorize the Secretary to contract

16 to use private storage facilities as a means of miti17 gating damages for any failure of the Secretary to

18 meet the Secretary’s acceptance obligations.

19 ‘‘TITLE I—OBLIGATIONS AND

20 REMEDIES

21 ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.

22 ‘‘(a) The Secretary shall accept spent nuclear fuel

23 and high-level radioactive waste pursuant to this Act and

24 the contracts in accordance with the acceptance schedule,

25 beginning not later than January 31, 1998.
20

•HR 1020 IH

1 ‘‘(b) The Secretary has a clear and unconditional ob2 ligation to accept spent nuclear fuel and high-level radio3 active waste at a Commission licensed facility notwith4 standing the availability of any component of the inte5 grated spent nuclear fuel management system or a private

6 facility for the temporary storage of spent nuclear fuel.

7 ‘‘(c) The Secretary shall satisfy such obligation by ex8 peditiously pursuing the development of each component

9 of the integrated spent nuclear fuel management system,

10 and in so doing shall seek to utilize effective private sector

11 management and contracting practices in accordance with

12 title VII of this Act.

13 ‘‘(d) The failure of the Secretary to accept spent nu14 clear fuel and high-level radioactive waste in accordance

15 with subsection (a) shall entitle the contract holders to the

16 remedies provided in section 102 of this Act, in addition

17 to any other remedies that may be available at law.

18 ‘‘SEC. 102. REMEDIES.

19 ‘‘(a) JURISDICTION.—

20 ‘‘(1) The United States Court of Federal

21 Claims shall have original jurisdiction of all claims

22 brought by a contract holder for monetary damages

23 for a breach of a contract or a failure to meet statu24 tory obligations to accept spent nuclear fuel or high25 level radioactive waste. Notwithstanding any other
21

•HR 1020 IH

1 grant of jurisdiction, such claims may be brought

2 within six years of the date on which the Secretary

3 would have accepted the contract holder’s spent nu4 clear fuel or high level radioactive waste had the

5 Secretary commenced waste acceptance by January

6 31, 1998 in accordance with the acceptance priority

7 ranking in effect prior to the date of enactment of

8 this Act at the rate set forth in the annual capacity

9 report in effect prior to the date of enactment of

10 this Act.

11 ‘‘(2) The provisions of the Contract Disputes

12 Act do not apply to claims asserted pursuant to this

13 section.

14 ‘‘(b) DAMAGE AWARD.—Damages for the Secretary’s

15 breach of a contract or the Secretary’s failure to meet

16 statutory obligations shall be awarded to a contract holder

17 in the amounts specified in this subsection for each MTU

18 of spent nuclear fuel and high-level radioactive waste for

19 which the contract holder has to provide interim storage

20 that would not have been necessary if the Secretary had

21 accepted such material from the contract holder in accord22 ance with the acceptance ranking and rate set forth in

23 subsection (a)(1) of this section. The award of damages

24 under this subsection shall not be affected by the provision

25 of a multi-purpose canister system to a contract holder
22

•HR 1020 IH

1 by the Secretary, the storage technology and storage loca2 tion utilized by the contract holder, or the availability to

3 the contract holder of existing storage capacity.

4 ‘‘(1) For the first 5-year period during which

5 the contract holder has to provide such interim stor6 age services, $34,000 per MTU per year.

7 ‘‘(2) In the sixth year following the provision of

8 such storage services, $170,000 per MTU.

9 ‘‘(c) PROCEDURE.—Within 6 months of the date of

10 enactment of this Act, the United States Court of Federal

11 Claims shall establish procedures that provide, to the max12 imum extent practicable, for the expeditious processing of

13 claims for damages under this section.

14 ‘‘(d) RESTRICTION.—The waste fund shall not be

15 used, either directly or indirectly, for the payment of dam16 ages by the Secretary pursuant to this section.

17 ‘‘(e) MITIGATION OR AVOIDANCE OF DAMAGES.—

18 Any damages that may otherwise arise under subsection

19 (b) for the Secretary’s failure to accept spent nuclear fuel

20 and high-level radioactive waste may be mitigated or

21 avoided if the Secretary provides for the transportation

22 to, and storage of, such fuel or waste in private storage

23 facilities in accordance with the following criteria:

24 ‘‘(1) The Secretary may enter into a service

25 contract with one or more private entities that have
23

•HR 1020 IH

1 facilities, licensed or to be licensed by the Commis2 sion, that can be utilized for the storage of spent nu3 clear fuel or high-level radioactive waste and attend4 ant services, provided however that the Secretary

5 shall not utilize such facilities until they have re6 ceived a license from the Commission.

7 ‘‘(2) The Secretary may utilize any available

8 certified system, including multi-purpose canister

9 systems developed under this section, for the trans10 portation of spent nuclear fuel and/or high-level ra11 dioactive waste to the private storage facility and the

12 storage of such fuel or waste at the private storage

13 facility.

14 ‘‘(3) The Secretary’s execution of a service con15 tract with a private storage facility shall not convert

16 the private storage facility into a government facility

17 or its owner or lessee into a government contractor

18 or subcontractor. Accordingly, the Secretary’s execu19 tion of a service contract with a private storage fa20 cility shall not impose any obligations on the private

21 storage facility that are unique to contracts with the

22 Federal government and shall not impose any obliga23 tions on the Secretary that would not apply to a pri24 vate entity that contracts with the storage facility,

25 including the following:
24

•HR 1020 IH

1 ‘‘(A) The service contract shall not impose

2 any requirements on the Secretary or the pri3 vate storage facility under the National Envi4 ronmental Policy Act of 1969.

5 ‘‘(B) The service contract shall not subject

6 the Secretary or the private storage facility to

7 Federal laws and regulations governing the Sec8 retary’s procurement of goods or services or the

9 Secretary’s hiring, employment, payment, or fir10 ing of personnel.

11 ‘‘(C) The service contract shall not convert

12 the private storage facility into an interim stor13 age facility as defined in this Act that is part

14 of the integrated spent nuclear fuel manage15 ment system.

16 ‘‘(D) The service contract shall not in any

17 way affect the Secretary’s obligation to develop

18 in an expeditious manner each component of

19 the integrated spent nuclear fuel management

20 system, including the interim storage facility.

21 ‘‘(4) The Waste Fund shall be used to fund the

22 Secretary’s actions in executing such service contract

23 and implementing the Secretary’s responsibilities

24 thereunder, including the acceptance of spent nu25 clear fuel and high-level radioactive waste at con-
25

•HR 1020 IH

1 tract holder sites and transporting such fuel or

2 waste to the private storage facility.

3 ‘‘(f) ADDITIONAL REMEDIES.—The remedies pro4 vided under this section are in addition to any legal or

5 contractual remedies that are otherwise available to a con6 tract holder.

7 ‘‘TITLE II—INTEGRATED SPENT

8 NUCLEAR FUEL MANAGE9 MENT SYSTEM

10 ‘‘SEC. 201. ESTABLISHMENT OF THE INTEGRATED SPENT

11 NUCLEAR FUEL MANAGEMENT SYSTEM.

12 ‘‘There is established an integrated spent nuclear fuel

13 management system for the management of spent nuclear

14 fuel and high-level radioactive waste by the Secretary, in15 cluding the storage, transportation, and disposal of such

16 spent nuclear fuel and high-level radioactive waste.

17 ‘‘SEC. 202. RAILROAD.

18 ‘‘(a) AUTHORIZATION.— The Secretary shall acquire

19 rights of way within the corridor designated in subsection

20 (b) as provided in this section and shall construct and op21 erate, or cause to be constructed and operated, a railroad

22 and such facilities as are required to transport spent nu23 clear fuel and high-level radioactive waste from existing

24 rail systems to the interim storage facility and the reposi25 tory.
26

•HR 1020 IH

1 ‘‘(b) ROUTE DESIGNATION.—

2 ‘‘(1) The Secretary shall acquire such rights of

3 way and develop such facilities within the corridor

4 depicted on the map dated lll and on file with

5 the Secretary.

6 ‘‘(2) Within 6 months of the date of the enact7 ment of this Act, the Secretary shall—

8 ‘‘(A) publish in the Federal Register a no9 tice containing a legal description of the cor10 ridor; and

11 ‘‘(B) file copies of the map described in

12 paragraph (1) and the legal description of the

13 corridor with the Congress, the Secretary of the

14 Interior, the Governor of Nevada, and the Ar15 chivist of the United States.

16 ‘‘(3) The map and legal description referred to

17 in paragraph (2) shall have the same force and ef18 fect as if they were included in this Act. The Sec19 retary may correct clerical and typographical errors

20 in the map and legal description.

21 ‘‘(c) WITHDRAWAL AND RESERVATION.—

22 ‘‘(1) Subject to valid existing rights, the public

23 lands depicted on such map are withdrawn from all

24 forms of entry, appropriation, and disposal under

25 the public land laws, including without limitation the
27

•HR 1020 IH

1 mineral leasing laws, the geothermal laws, the mate2 rial sale laws, and the mining laws.

3 ‘‘(2) Jurisdiction of such land is transferred

4 from the Secretary of the Interior to the Secretary

5 of Energy.

6 ‘‘(3) Such lands are reserved for the use of the

7 Secretary for the construction and operation of such

8 transportation facilities and associated activities

9 under this title.

10 ‘‘(4) The lands depicted in the corridor and on

11 the map that are within Bureau of Land Manage12 ment study units NV–051–411 and NV–050–04R–

13 15 are deemed to have been adequately studied and

14 shall be managed consistent with this Title.

15 ‘‘(d) NATIONAL ENVIRONMENTAL POLICY ACT.—

16 ‘‘(1) The Secretary’s activities in connection

17 with the designation of a route and the acquisition

18 of rights of way under this section shall be consid19 ered preliminary decisionmaking activities and shall

20 not constitute a major Federal action significantly

21 affecting the quality of the human environment for

22 purposes of the National Environmental Policy Act

23 of 1969, shall not require the preparation of an envi24 ronmental impact statement under section 102(2)(C)

25 of the National Environmental Policy Act of 1969
28

•HR 1020 IH

1 (42 U.S.C. 4332(2)(C)), or any environmental re2 view under subparagraph (E) or (F) of section

3 102(2) of such Act, and shall not be delayed pending

4 completion of the environmental impact statement

5 required under paragraph (2).

6 ‘‘(2) Construction and operation of transpor7 tation facilities within the corridor shall constitute a

8 major Federal action significantly affecting the qual9 ity of the human environment for purposes of the

10 National Environmental Policy Act of 1969. The

11 Secretary shall prepare an environmental impact

12 statement on the construction and operation of such

13 facilities prior to commencement of construction. In

14 preparing such statement, the Secretary shall adopt,

15 to the extent practicable, relevant environmental re16 ports that have been developed by other Federal and

17 State agencies.

18 ‘‘(3) For purposes of complying with the re19 quirements of the National Environmental Policy

20 Act of 1969 and this section, the Secretary need not

21 consider the need for the development or improve22 ment of transportation facilities, the timing of the

23 initial availability of the transportation facilities, al24 ternative routes, or alternative means of transpor25 tation.
29

•HR 1020 IH

1 ‘‘(e) CONSTRUCTION.—Notwithstanding any state or

2 Federal statute, regulation or orders to the contrary, or

3 the pendency of any judicial proceeding, the Secretary

4 shall be authorized to commence construction of transpor5 tation facilities upon compliance with the requirements of

6 subsections (a) through (d). No court shall have jurisdic7 tion to enjoin the construction of the transportation facili8 ties authorized by this section except upon its entry of a

9 final order that the construction is not in accord with the

10 provisions of applicable law.

11 ‘‘(f) EXEMPTION.—Neither the Secretary nor any

12 person constructing or operating railroad facilities under

13 contract with the Secretary under this section shall be con14 sidered a rail carrier within the meaning of the Interstate

15 Commerce Act (49 U.S.C. 10102 (19)) and shall not be

16 subject to the jurisdiction of the Interstate Commerce

17 Commission.

18 ‘‘SEC. 203. TRANSPORTATION PLANNING.

19 ‘‘(a) TRANSPORTATION READINESS.—The Secretary

20 shall take those actions that are necessary and appropriate

21 to ensure that the Secretary is able to accept spent nuclear

22 fuel and high-level radioactive waste at the sites des23 ignated by the contract holders, in accordance with the

24 acceptance schedule, beginning not later than January 31,

25 1998, and transport such fuel or waste to mainline trans-
30

•HR 1020 IH

1 portation facilities. These actions shall include, but not be

2 limited to, the following:

3 ‘‘(1) As soon as is practicable following enact4 ment of this Act, the Secretary shall update both the

5 Facilities Interface Capability Assessment (FICA)

6 and the Near Site Transportation Infrastructure

7 Study (NSTI) previously conducted by the Sec8 retary. In conducting such updates, the Secretary

9 shall analyze each specific reactor facility in the

10 order of priority established in the Acceptance

11 Schedule.

12 ‘‘(2) Based on the data and analysis contained

13 in the updated FICA and NSTI, the Secretary shall

14 develop a logistical plan to assure the Secretary’s

15 ability to transport spent nuclear fuel and/or high16 level radioactive waste from the point of acceptance

17 at each contract holder’s sites to mainline transpor18 tation facilities. The logistical plan shall:

19 ‘‘(A) Detail the Secretary’s plans for pro20 curing and deploying the fleet of multi-purpose

21 canister systems developed under section 205

22 and certified by the Commission, as well as any

23 other certified transport or storage cask sys24 tems, necessary to meet the Secretary’s obliga25 tions under this Act.
31

•HR 1020 IH

1 ‘‘(B) Advise each contract holder of rec2 ommended modifications that should be made

3 to the contract holder’s sites, including the near

4 site transportation infrastructure, to facilitate

5 the Secretary’s ability to accept spent nuclear

6 fuel at such sites and transport it to mainline

7 transportation facilities, and enter into discus8 sions with such contract holder concerning the

9 implementation of such modifications. In devel10 oping such plan, and determining the desirabil11 ity of modifications to a particular contract

12 holder’s sites, including the near site transpor13 tation infrastructure, the Secretary shall bal14 ance the costs of the modifications to the indi15 vidual contract holder, against the economic

16 and logistical benefits of the modifications to

17 the integrated spent nuclear fuel management

18 system; and

19 ‘‘(C) Detail the Secretary’s plans for en20 suring the availability to the Secretary of an

21 adequate number of appropriately designed rail

22 cars, legal weight tractors and trailers, and

23 truck casks, including heavy-haul vehicles, to

24 meet the Secretary’s obligations under this Act.
32

•HR 1020 IH

1 ‘‘(b) TRANSPORTATION PLANNING.—In conjunction

2 with the development of the logistical plan in accordance

3 with subsection (a), the Secretary shall update and mod4 ify, as necessary, the Secretary’s transportation institu5 tional plans to ensure that institutional issues are ad6 dressed and resolved on a schedule to support the com7 mencement of transportation of spent nuclear fuel and

8 high-level radioactive waste to the interim storage facility

9 no later than January 31, 1998. Among other things, such

10 transportation institutional planning shall provide a

11 schedule and process for addressing and implementing, as

12 necessary, transportation routing plans; transportation

13 contracting plans; transportation training in accordance

14 with section 204; and transportation tracking programs.

15 ‘‘(c) INITIAL PLANNING.—

16 ‘‘(1) To ensure the Secretary’s ability to com17 mence spent nuclear fuel shipments to the interim

18 storage facility no later than January 31, 1998, the

19 Secretary shall, in taking actions required to ensure

20 transportation readiness in accordance with this sec21 tion, in determining routes for spent nuclear fuel

22 shipments, and in providing the technical assistance

23 required by section 204(c), focus first on those lim24 ited actions that will be required to support the first

25 shipping campaign.
33

•HR 1020 IH

1 ‘‘(2) In conjunction with the transportation

2 planning under this section, and consistent with the

3 acceptance schedule, the Secretary shall discuss with

4 contract holders the desirability of defining a speci5 fied multi-year period for each shipping campaign

6 and establishing criteria under which the Secretary

7 could accept a contract holders’ cumulative alloca8 tion of spent nuclear fuel during the campaign pe9 riod at one time and thereby enhance the efficiency

10 and cost-effectiveness of the integrated spent nuclear

11 fuel management system.

12 ‘‘SEC. 204. TRANSPORTATION REQUIREMENTS.

13 ‘‘(a) PACKAGE CERTIFICATION.—No spent nuclear

14 fuel or high level radioactive waste may be transported by

15 or for the Secretary under this Act except in packages that

16 have been certified for such purposes by the Commission.

17 ‘‘(b) STATE NOTIFICATION.—The Secretary shall

18 abide by regulations of the Commission regarding advance

19 notification of State and local governments prior to trans20 portation of spent nuclear fuel or high-level radioactive

21 waste under this Act.

22 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall

23 provide technical assistance and funds to States, for train24 ing for public safety officials of appropriate units of local

25 government, and to Indian tribes through whose jurisdic-
34

•HR 1020 IH

1 tion the Secretary plans to transport substantial amounts

2 of spent nuclear fuel or high-level radioactive waste under

3 this Act. Training shall cover procedures required for safe

4 routine transportation of these materials, as well as proce5 dures for dealing with emergency response situations. The

6 Secretary’s duty to provide technical and financial assist7 ance under this subsection shall be limited to amounts

8 specified in annual appropriations from the waste fund for

9 such purpose.

10 ‘‘(d) USE OF PRIVATE CARRIERS.—The Secretary, in

11 providing for the transportation of spent nuclear fuel

12 under this Act, shall utilize by contract private industry

13 to the fullest extent possible in each aspect of such trans14 portation. The Secretary shall use direct Federal services

15 for such transportation only upon a determination by the

16 Secretary of Transportation, in consultation with the Sec17 retary, that private industry is unable or unwilling to pro18 vide such transportation services at a reasonable cost.

19 ‘‘SEC. 205. MULTI-PURPOSE CANISTER SYSTEMS.

20 ‘‘(a) DESIGN AND CERTIFICATION OF MULTI-PUR21 POSE CANISTER SYSTEMS.—

22 ‘‘(1) The Secretary shall design one or more

23 multi-purpose canister systems. Not later than April

24 1, 1996, the Secretary shall submit to the Commis25 sion applications for certification of one or more
35

•HR 1020 IH

1 such multi-purpose canister systems under the exist2 ing provisions of 10 CFR part 71 and part 72, sub3 part K existing on the date of enactment of this Act.

4 ‘‘(2) The Secretary shall solicit and consider

5 contract holder guidance through all phases of

6 multi-purpose canister system design to maximize, to

7 the extent practicable, compatibility between the

8 multi-purpose canister systems and contract holders’

9 spent nuclear fuel and facilities, as well as to maxi10 mize, to the extent practicable, the use of such

11 multi-purpose canister systems in the integrated

12 spent nuclear fuel management system.

13 ‘‘(3) The Commission shall consider applica14 tions for certification of a multi-purpose canister

15 system for storage and transport in accordance with

16 the laws and regulations applicable to such applica17 tions, except that the Commission shall issue a final

18 decision granting or denying a requested certifi19 cation no later than 18 months from the date of the

20 submittal of such applications. In conjunction with

21 such decisions, the Commission shall review the

22 multi-purpose canister system and inform the Sec23 retary of its views regarding the use of such multi24 purpose canister system as a disposal package based
36

•HR 1020 IH

1 on the then current state of knowledge of the natu2 ral and engineered systems in the repository.

3 ‘‘(b) PROCUREMENT OF MULTI-PURPOSE CANISTER

4 SYSTEMS.—Upon the certification of multi-purpose can5 ister systems by the Commission for both storage and

6 transportation, the Secretary shall procure such multi7 purpose canisters in quantities sufficient to comply with

8 subsection (c) of this section, except that the Secretary

9 is authorized to commence procurement of such multi10 purpose canisters prior to such certification if necessary

11 to meet the obligations imposed under this Act.

12 ‘‘(c) DEPLOYMENT OF MULTI-PURPOSE CANISTER

13 SYSTEMS.—

14 ‘‘(1) As soon as practicable following the Sec15 retary’s procurement of multi-purpose canister sys16 tems and the Commission’s certification of such

17 multi-purpose canister systems, but not later than

18 30 days prior to the date the interim storage facility

19 described in section 206 is required to begin oper20 ation, the Secretary shall commence deployment of

21 multi-purpose canister systems to contract holders at

22 the sites designated by the contract holders for the

23 purpose of commencing acceptance of spent nuclear

24 fuel. The multi-purpose canister systems shall be de25 ployed to contract holders in quantities and in the
37

•HR 1020 IH

1 priority sequence required by the acceptance sched2 ule.

3 ‘‘(2) The Secretary shall take action to estab4 lish terms and conditions for deploying multi-pur5 pose canister systems to contract holders in advance

6 of their priority under the acceptance schedule. The

7 Secretary is authorized to collect a separate fee from

8 those contract holders who receive multi-purpose

9 canister systems in advance of their priority under

10 the acceptance schedule to compensate the waste

11 fund in an amount equal to the loss of interest on

12 those funds expended to pay for such multi-purpose

13 canister systems in advance of scheduled delivery

14 under the acceptance schedule.

15 ‘‘(3) The multi-purpose canister systems shall

16 constitute an element of the integrated spent nuclear

17 fuel management system and shall be utilized by the

18 Secretary, to the maximum extent practicable, to im19 plement the integrated spent nuclear fuel manage20 ment system.

21 ‘‘(4) The failure of the Secretary to comply

22 with this section, for any reason, shall not constitute

23 a basis for delay of any other components of the in24 tegrated spent nuclear fuel management system.
38

•HR 1020 IH

1 ‘‘(5) The Secretary shall procure and commence

2 delivery of multi-purpose canister systems in accord3 ance with this section notwithstanding the pendency

4 of a proceeding for judicial review of the Commis5 sion’s certification actions relative to such multi6 purpose canister systems. No court shall have juris7 diction to enjoin the procurement or deployment of

8 a multi-purpose canister system prior to a final deci9 sion on review of the Commission’s certification ac10 tions.

11 ‘‘(d) CONTINGENCY.—In the event the Secretary is

12 unable to comply with subsection (a), (b) or (c) of this

13 section due to licensing or procurement delays, or due to

14 site specific compatibility problems, and notwithstanding

15 the availability of an interim storage facility, the Secretary

16 shall procure and make available to contract holders such

17 other certified systems as are necessary to implement the

18 Secretary’s statutory and contractual obligations to accept

19 spent nuclear fuel beginning not later than January 31,

20 1998, and the Secretary’s obligations under this Act to

21 implement an integrated spent nuclear fuel management

22 system, until such time as multi-purpose canister systems

23 developed by the Secretary under this section are available

24 for deployment.
39

•HR 1020 IH

1 ‘‘(e) COMPLIANCE WITH THE NATIONAL ENVIRON2 MENTAL POLICY ACT OF 1969.—

3 ‘‘(1) No activity of the Secretary under this sec4 tion, including the design of multi-purpose canister

5 systems; preparation and submittal of applications

6 for Commission certification of such multi-purpose

7 canister systems for storage and transport; the pro8 curement and deployment of multi-purpose canister

9 systems; and the procurement and deployment of

10 other certified systems shall be considered a major

11 Federal action significantly affecting the quality of

12 the human environment for purposes of the National

13 Environmental Policy Act of 1969 (42 U.S.C. 4321

14 et seq.). No such activity shall require the prepara15 tion of an environmental impact statement under

16 section 102(2)(C) of the National Environmental

17 Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or re18 quire any environmental review under subparagraph

19 (E) or (F) of section 102(2) of such Act.

20 ‘‘(2) In connection with any application to the

21 Commission for certification of a multi-purpose can22 ister system for storage and transport, the Secretary

23 shall comply with the Commission regulations, in24 cluding the submittal of any required environmental
40

•HR 1020 IH

1 documentation, in the same manner as a private ap2 plicant.

3 ‘‘(3)(A) In connection with its actions in cer4 tifying a multi-purpose canister system for storage

5 and transportation, the Commission shall comply

6 with the requirements of the National Environ7 mental Policy Act of 1969 as imposed in its regula8 tions existing on the date of enactment of this Act.

9 ‘‘(B) Any Environmental Assessment prepared

10 by the Commission in connection with its certifi11 cation action shall not consider—

12 ‘‘(i) any alternatives to the use of multi13 purpose canister systems in the Integrated

14 Waste Management System;

15 ‘‘(ii) any alternatives to the design criteria

16 for such multi-purpose canister system or any

17 individual component thereof, as specified by

18 the Secretary in the license application;

19 ‘‘(iii) the environmental impacts of the

20 storage of spent nuclear fuel in such multi-pur21 pose canister system at a reactor site or at the

22 interim storage facility beyond the initial term

23 of the multi-purpose canister system certifi24 cation for storage or the term of the renewal

25 period for which application is made; or
41

•HR 1020 IH

1 ‘‘(iv) the environmental impacts of the dis2 posal of spent nuclear fuel in such multi-pur3 pose canister system at the repository.

4 ‘‘(C) The Commission’s certification of a multi5 purpose canister system shall not require prepara6 tion of an Environmental Impact Statement under

7 the National Environmental Policy Act of 1969.

8 ‘‘SEC. 206. INTERIM STORAGE.

9 ‘‘(a) AUTHORIZATION AND LOCATION.—

10 ‘‘(1) The Secretary shall design, construct, and

11 operate a facility for the interim storage of spent

12 nuclear fuel. The interim storage facility shall be li13 censed by the Commission in accordance with its

14 regulations governing the licensing of independent

15 spent fuel storage installations, as modified in ac16 cordance with this section, and shall commence oper17 ation by January 31, 1998. The interim storage fa18 cility shall be located at the interim storage facility

19 site, unless an alternative site is designated in ac20 cordance with paragraph (2).

21 ‘‘(2)(A) No later than 60 days from the date of

22 enactment of this Act, any unit of local government

23 in Nevada willing to host an interim storage facility,

24 and/or a facility for the transportation and handling

25 of spent nuclear fuel, at a technically qualified site
42

•HR 1020 IH

1 within its jurisdiction shall submit written notice to

2 the Secretary. Such written notice shall contain—

3 ‘‘(i) a description of the facilities that the

4 affected unit of local government is interested

5 in hosting;

6 ‘‘(ii) a description of the boundaries of the

7 site and its proximity to any components of the

8 national transportation system;

9 ‘‘(iii) an analysis of the unit of local gov10 ernment’s legal authority to dedicate the site

11 for the exclusive use of the Secretary for the

12 necessary period of time; and

13 ‘‘(iv) proposed terms and conditions for in14 clusion in a benefits agreement to be executed

15 with the Secretary in accordance with this sub16 section.

17 ‘‘(B) Upon receiving such notification, the Sec18 retary shall evaluate the proposed site to determine

19 whether—

20 ‘‘(i) the proposed site is technically quali21 fied for location of an interim storage facility or

22 the proposed facilities for the transportation

23 and handling of spent nuclear fuel;

24 ‘‘(ii) the proposed site can be dedicated, in

25 accordance with applicable law, for the exclusive
43

•HR 1020 IH

1 use of an interim storage facility and/or facili2 ties for the transportation and handling of

3 spent nuclear fuel; and

4 ‘‘(iii) location of an interim storage facility

5 and/or facilities for the transportation and han6 dling of spent nuclear fuel at such site would be

7 beneficial to the integrated spent nuclear fuel

8 management system considering, among other

9 things, its proximity to the national transpor10 tation infrastructure and the local support for

11 the facility or facilities.

12 ‘‘(C) Within 60 days of the receipt of the notifi13 cation under subparagraph (A), the Secretary shall

14 determine, on the basis of the evaluation, whether

15 the interim storage facility or facilities for the trans16 portation and handling of spent nuclear fuel should

17 be located at the proposed site. In the event that the

18 Secretary determines that the interim storage facil19 ity or facilities for the transportation and handling

20 of spent nuclear fuel should be located at the pro21 posed site, the Secretary shall—

22 ‘‘(i) no later than 6 months from the date

23 of enactment of this Act, file a license applica24 tion and supporting documentation for author25 ity to construct and operate an interim storage
44

•HR 1020 IH

1 facility at such site in accordance with the re2 quirements of this section and/or shall seek

3 such other authorization as is necessary to con4 struct and operate facilities for the transpor5 tation and handling of spent nuclear fuel at

6 such site; and

7 ‘‘(ii) enter into a benefits agreement with

8 the unit of local government.

9 ‘‘(b) CAPACITY.—The interim storage facility shall be

10 designed to provide sufficient capacity to store spent nu11 clear fuel from civilian nuclear power plants until the Sec12 retary is able to transfer the spent fuel to the repository

13 in accordance with the schedule set forth in the program

14 approach provided, however, that in no event shall the de15 sign capacity of the interim storage facility be less than

16 40,000 MTU and provided further that the capacity of

17 such facility shall be expandable if the receipt of spent

18 nuclear fuel or high-level radioactive waste at the reposi19 tory is delayed beyond 2010.

20 ‘‘(c) DESIGN.—The interim storage facility shall sat21 isfy the following design criteria:

22 ‘‘(1) The design shall be expandable so that ad23 ditional storage capacity can be added as necessary.

24 ‘‘(2) To the extent practicable, the design shall

25 be based on the use of multi-purpose canister sys-
45

•HR 1020 IH

1 tems developed under section 205 and certified by

2 the Commission for the storage and transportation

3 of spent nuclear fuel.

4 ‘‘(3) Consistent with the design objective speci5 fied in paragraph (2), the design shall provide for

6 the use of such other storage technologies as are li7 censed or certified by the Commission for use at the

8 interim storage facility as necessary to ensure com9 patibility between the interim storage facility and

10 contract holders’ spent nuclear fuel and facilities,

11 and to facilitate the Secretary’s ability to meet the

12 Secretary’s obligations under this Act.

13 ‘‘(d) LICENSING.—

14 ‘‘(1) No later than 6 months from the date of

15 enactment of this Act, the Secretary shall submit to

16 the Commission an application for a license for the

17 interim storage facility pursuant to the Commis18 sion’s regulations governing the licensing of inde19 pendent spent fuel storage installations. Such license

20 application shall be accompanied by a Safety Analy21 sis Report and an Environmental Report, as re22 quired by such regulations.

23 ‘‘(2) No later than 3 months from the date of

24 enactment of this Act, the Commission shall amend

25 its regulations governing the licensing of independ-
46

•HR 1020 IH

1 ent spent fuel storage installations as necessary and

2 appropriate to carry out the purposes of this section.

3 Such amendments shall incorporate the following

4 provisions—

5 ‘‘(A) the license shall be issued in phases

6 as necessary to support the commencement of

7 operations at the interim storage facility as

8 soon as practicable, but no later than January

9 31, 1998;

10 ‘‘(B) the license shall authorize a storage

11 capacity of no less than 40,000 MTU provided,

12 however, that the Commission may license an

13 initial storage capacity of less than 40,000

14 MTU in accordance with subparagraph (A) to

15 permit the commencement of operations no

16 later than January 31, 1998; and

17 (C) the license shall be issued for an initial

18 term of up to 100 years, and shall be renewable

19 for additional terms upon application of the

20 Secretary.

21 ‘‘(3) The Commission shall consider the Sec22 retary’s license application in accordance with the

23 provisions of this Act and the Commission’s regula24 tions governing the licensing of independent spent

25 fuel storage installations, as amended in accordance
47

•HR 1020 IH

1 with this Act, except that the Commission shall issue

2 a final decision granting or denying the license no

3 later than 18 months from the date of the submittal

4 of the license application.

5 ‘‘(e) ADDITIONAL AUTHORITY.—

6 ‘‘(1) The Secretary is authorized to commence

7 construction of the interim storage facility subse8 quent to submittal of the license application pro9 vided, however, that the Commission shall issue an

10 order suspending such construction at any time if

11 the Commission determines that such construction

12 poses an unreasonable risk to public health and safe13 ty or the environment. The Commission shall termi14 nate all or part of such order upon a determination

15 that the Secretary has taken appropriate action to

16 eliminate such risk.

17 ‘‘(2) For a temporary period beginning with is18 suance of the license for the interim storage facility,

19 the Commission shall authorize the Secretary, at the

20 Secretary’s request, to utilize any facility owned by

21 the Federal Government on the date of enactment of

22 this Act and within the boundaries of the interim

23 storage facility site, whether or not such facility is

24 licensed by the Commission, in connection with the

25 storage, transportation, and handling of spent nu-
48

•HR 1020 IH

1 clear fuel at the interim storage facility provided

2 that the Commission establishes reasonable terms

3 and conditions for use of such facility in the license

4 for the interim storage facility and provided further

5 that the Commission oversees the use of such facility

6 to assure that such use does not pose an unreason7 able risk to public health and safety and the environ8 ment.

9 ‘‘(f) NATIONAL ENVIRONMENTAL POLICY ACT OF

10 1969.—

11 ‘‘(1) The Secretary shall comply with any envi12 ronmental requirements imposed by Commission reg13 ulations applicable to the licensing of independent

14 spent fuel storage installations, including the re15 quired submission of environmental reports, in like

16 manner as a private applicant. No activity of the

17 Secretary under this section, including the selection

18 of a site for the interim storage facility, the prepara19 tion and submittal of a license application for such

20 facility, and the construction and operation of such

21 facility shall be considered a major Federal action

22 significantly affecting the quality of the human envi23 ronment for purposes of the National Environmental

24 Policy Act of 1969 (42 U.S.C. 4321 et seq.). No

25 such activity shall require the preparation of an en-
49

•HR 1020 IH

1 vironmental impact statement under section

2 102(2)(C) of the National Environmental Policy Act

3 of 1969 (42 U.S.C. 4332(2)(C)) or require any envi4 ronmental review under subparagraph (E) or (F) of

5 such Act.

6 ‘‘(2)(A) Any licensing action by the Commission

7 under this section shall be accompanied by an Envi8 ronmental Impact Statement prepared under section

9 102(2)(C) of the National Environmental Policy Act

10 of 1969 (42 U.S.C. 4332(2)(C)). In preparing such

11 Environmental Impact Statement, the Commis12 sion—

13 ‘‘(i) shall assume that 100,000 MTU will

14 be stored at the facility; and

15 ‘‘(ii) shall analyze the impacts of the trans16 portation of spent nuclear fuel to the interim

17 storage facility in a generic manner.

18 ‘‘(B) Such Environmental Impact Statement

19 shall not consider—

20 ‘‘(i) the need for the interim storage facil21 ity, including any individual component thereof;

22 ‘‘(ii) the time of the initial availability of

23 the interim storage facility;
50

•HR 1020 IH

1 ‘‘(iii) any alternatives to the storage of

2 spent nuclear fuel at the interim storage facil3 ity;

4 ‘‘(iv) any alternatives to the site of the fa5 cility as designated by the Secretary in accord6 ance with subsection (a);

7 ‘‘(v) any alternatives to the design criteria

8 for such facility or any individual component

9 thereof, as specified by the Secretary in the li10 cense application; or

11 ‘‘(vi) the environmental impacts of the

12 storage of spent nuclear fuel at the interim

13 storage facility beyond the initial term of the li14 cense or the term of the renewal period for

15 which a license renewal application is made.

16 ‘‘(g) STORAGE OF SPENT NUCLEAR FUEL.—The

17 Secretary shall begin storing spent nuclear fuel at the in18 terim storage facility at the earliest practicable date, but

19 no later than January 31, 1998. Subject to the budget

20 priorities established in section 401, all actions by the Sec21 retary, the Commission, the Secretary of the Interior, or

22 any Federal agency or officer with respect to consideration

23 of applications or requests for the issuance or grant of

24 any authorization related to the interim storage facility,

25 including the certification of multi-purpose canister sys-
51

•HR 1020 IH

1 tems, shall be expedited, and any such application or re2 quest shall take precedence over any other activity not re3 lated to the interim storage facility.

4 ‘‘(h) JUDICIAL REVIEW.—

5 ‘‘(1) The Secretary’s actions under this section,

6 including to the Secretary’s siting and design of the

7 interim storage facility, application for a facility li8 cense, issuance of a Safety Analysis Report and En9 vironmental Report, and construction of the facility,

10 shall not be subject to judicial review under any law.

11 ‘‘(2) Judicial review of the Commission’s Envi12 ronmental Impact Statement shall be consolidated

13 with judicial review of the Commission’s licensing

14 decision.

15 ‘‘(3) No court shall have jurisdiction to enjoin

16 the construction or operation of the interim storage

17 facility prior to its final decision on review of the

18 Commission’s licensing action.

19 ‘‘(i) WASTE CONFIDENCE.—The Secretary’s obliga20 tion to construct and operate the interim storage facility

21 in accordance with this section and the Secretary’s obliga22 tion to develop an integrated spent nuclear fuel manage23 ment system in accordance with the provisions of this Act,

24 shall provide sufficient and independent grounds for any

25 further findings by the Commission of reasonable assur-
52

•HR 1020 IH

1 ance that spent nuclear fuel and high-level radioactive

2 waste will be disposed of safely for purposes of the Com3 mission’s decision to grant or amend any license to operate

4 any civilian nuclear power reactor under the Atomic En5 ergy Act of 1954 (42 U.S.C. 2011 et seq.).

6 ‘‘(j) STORAGE OF MATERIAL OTHER THAN COMMER7 CIAL SPENT NUCLEAR FUEL.—

8 ‘‘(1) Nothing contained in this section shall

9 prohibit—

10 ‘‘(A) the Commission from establishing cri11 teria for the issuance of an amendment to the

12 interim storage facility license authorizing stor13 age of high-level radioactive waste or spent nu14 clear fuel from atomic energy defense activities

15 in the interim storage facility; and

16 ‘‘(B) the Secretary from seeking a license

17 amendment to allow for the storage of high18 level radioactive waste or spent nuclear fuel

19 from atomic energy defense activities at the in20 terim storage facility.

21 ‘‘(2) The acceptance at the interim storage fa22 cility of high-level radioactive waste or spent nuclear

23 fuel resulting from atomic energy defense activities

24 shall not affect the acceptance of spent nuclear fuel

25 in accordance with the acceptance schedule.
53

•HR 1020 IH

1 ‘‘SEC. 207. PERMANENT DISPOSAL.

2 ‘‘(a) SITE CHARACTERIZATION.—

3 ‘‘(1) The guidelines promulgated by the Sec4 retary and published at 10 CFR part 960 are an5 nulled and revoked and the Secretary shall make no

6 assumptions or conclusions about the licenseability

7 of the Yucca Mountain site as a repository by ref8 erence to such guidelines.

9 ‘‘(2) The Secretary shall carry out appropriate

10 site characterization activities at the Yucca Moun11 tain site in accordance with the Secretary’s program

12 approach to site characterization provided that the

13 Secretary modifies or eliminates those site character14 ization activities designed to demonstrate the suit15 ability of the site under the guidelines referenced in

16 paragraph (1).

17 ‘‘(3) No later than December 31, 2001, the

18 Secretary shall apply to the Commission for author19 ization to construct the repository and shall comply

20 with the provisions of section 208(b)(4). If, at any

21 time prior to the filing of such application, the Sec22 retary determines that the Yucca Mountain site can23 not satisfy the Commission’s regulations applicable

24 to the licensing of a geologic repository, the Sec25 retary shall terminate site characterization activities

26 at the site, notify Congress and the State of Nevada
54

•HR 1020 IH

1 of the Secretary’s determination and the reasons

2 therefor, and recommend to Congress not later than

3 6 months after such determination further actions,

4 including the enactment of legislation, that may be

5 needed to manage the nation’s high-level radioactive

6 waste and spent nuclear fuel.

7 ‘‘(4) In developing an application for authoriza8 tion to construct the repository, the Secretary shall

9 seek to maximize the capacity of the repository.

10 ‘‘(b) LICENSING.—Within one year of the date of en11 actment of this Act, the Commission shall amend its regu12 lations governing the disposal of spent nuclear fuel and

13 high-level radioactive waste in geologic repositories as may

14 be necessary to reflect the program approach and the pro15 visions of this Act, including the licensing provisions set

16 forth in this section. Any provision of such regulations in

17 effect on the date of enactment of this Act that is incon18 sistent with the provisions of this Act is annuled and re19 voked. Subject to subsection (c), such regulations shall

20 provide for the licensing of the repository according to the

21 following procedures—

22 ‘‘(1) CONSTRUCTION AUTHORIZATION.—The

23 Commission shall grant the Secretary a construction

24 authorization for the repository upon determining

25 that there is reasonable assurance that high-level ra-
55

•HR 1020 IH

1 dioactive waste and spent nuclear fuel can be dis2 posed of in the repository—

3 ‘‘(A) in conformity with the Secretary’s ap4 plication, the provisions of this Act, and the

5 regulations of the Commission;

6 ‘‘(B) without unreasonable risk to the

7 health and safety of the public;

8 ‘‘(C) consistent with the common defense

9 and security.

10 ‘‘(2) LICENSE.—Following substantial comple11 tion of construction and the filing of any additional

12 information needed to complete the license applica13 tion, the Commission shall issue a license to dispose

14 of high-level radioactive waste and spent nuclear fuel

15 in the repository if the Commission determines that

16 the repository has been constructed and will oper17 ate—

18 ‘‘(A) in conformity with the Secretary’s ap19 plication, the provisions of this Act, and the

20 regulations of the Commission;

21 ‘‘(B) without unreasonable risk to the

22 health and safety of the public;

23 ‘‘(C) consistent with the common defense

24 and security.
56

•HR 1020 IH

1 ‘‘(3) CLOSURE.—After emplacing high-level ra2 dioactive waste and spent nuclear fuel in the reposi3 tory and collecting sufficient confirmatory data on

4 repository performance to reasonably confirm the

5 basis for repository closure consistent with the Com6 mission’s regulations applicable to the licensing of a

7 repository, as modified in accordance with this Act,

8 the Secretary shall apply to the Commission to

9 amend the license to permit permanent closure of

10 the repository. The Commission shall grant such li11 cense amendment upon finding that there is reason12 able assurance that the repository can be perma13 nently closed—

14 ‘‘(A) in conformity with the Secretary’s ap15 plication to amend the license, the provisions of

16 this Act, and the regulations of the Commis17 sion;

18 ‘‘(B) without unreasonable risk to the

19 health and safety of the public; and

20 ‘‘(C) consistent with the common defense

21 and security.

22 ‘‘(4) POST-CLOSURE.—The Secretary shall take

23 those actions necessary and appropriate at the

24 Yucca Mountain site to prevent any activity at the
57

•HR 1020 IH

1 site subsequent to repository closure that poses an

2 unreasonable risk of—

3 ‘‘(A) breaching the repository’s engineered

4 or geologic barriers: or

5 ‘‘(B) increasing the exposure of individual

6 members of the public to radiation beyond the

7 release standard established in subsection

8 (d)(1).

9 ‘‘(c) MODIFICATION OF REPOSITORY LICENSING

10 PROCEDURE.—The Commission’s regulations shall pro11 vide for the modification of the repository licensing proce12 dure, as appropriate, in the event that the Secretary seeks

13 a license to permit the emplacement in the repository, on

14 a retrievable basis, of only that quantity of spent nuclear

15 fuel or high-level radioactive waste that is necessary to

16 provide the Secretary with sufficient confirmatory data on

17 repository performance to reasonably confirm the basis for

18 repository closure consistent with applicable regulations.

19 ‘‘(d) LICENSING STANDARDS.—Notwithstanding any

20 other provision of law, the Administrator of the Environ21 mental Protection Agency shall not promulgate, by rule

22 or otherwise, standards for protection of the public from

23 releases of radioactive materials or radioactivity from the

24 repository and any such standards existing on the date

25 of enactment of this Act shall not be incorporated in the
58

•HR 1020 IH

1 Commission’s licensing regulations. The Commission’s re2 pository licensing determinations shall be based solely on

3 a finding whether the repository can be operated in con4 formance with the overall system performance standard

5 established in paragraph (1)(A), applied in accordance

6 with the provisions of paragraph (1)(B). The Commission

7 shall amend its regulations in accordance with subsection

8 (b) to incorporate the following licensing standards:

9 ‘‘(1) RELEASE STANDARD.—

10 ‘‘(A) ESTABLISHMENT OF OVERALL SYS11 TEM PERFORMANCE STANDARD.—In accordance

12 with the provisions of subparagraph (B), the

13 Commission shall find that the repository will

14 not constitute an unreasonable risk to the

15 health and safety of the public if there is rea16 sonable assurance that the amount of radio17 active materials and radioactivity released from

18 the site (excluding background radiation and

19 other radiation arising from the natural geologi20 cal characteristics of the site) shall not result in

21 an annual dose to an average member of the

22 general population in the vicinity of the site in

23 excess of one-third of the annual dose received

24 from natural background sources by an average

25 member of the general population in the United
59

•HR 1020 IH

1 States. Such release standard shall constitute

2 an overall system performance standard.

3 ‘‘(B) APPLICATION OF OVERALL SYSTEM

4 PERFORMANCE STANDARD.—The Commission

5 shall issue the license if it finds reasonable as6 surance that—

7 ‘‘(i) for the first 1,000 years following

8 the commencement of repository oper9 ations, the overall system performance

10 standard will be met based on a deter11 ministic evaluation of the overall perform12 ance of the disposal system; and

13 ‘‘(ii) for the period commencing after

14 the first 1,000 years of operation of the re15 pository and terminating at 10,000 years

16 after the commencement of operation of

17 the repository, there is likely to be compli18 ance with the overall system performance

19 standard based on regulatory insight

20 gained through the use of a probabilistic

21 integrated performance model that uses

22 best estimate assumptions, data, and

23 methods.

24 ‘‘(2) HUMAN INTRUSION.—The Commission

25 shall assume that, following repository closure, the
60

•HR 1020 IH

1 inclusion of engineered barriers and the Secretary’s

2 post-closure actions at the Yucca Mountain site, in

3 accordance with subsection (b)(3), shall be sufficient

4 to —

5 ‘‘(A) prevent any activity at the site that

6 poses an unreasonable risk of breaching the re7 pository’s engineered or geologic barriers; and

8 ‘‘(B) prevent any increase in the exposure

9 of individual members of the public to radiation

10 beyond allowable limits as specified in this sec11 tion.

12 ‘‘(e) NATIONAL ENVIRONMENTAL POLICY ACT.—

13 ‘‘(1) Construction and operation of the reposi14 tory shall be considered a major Federal action sig15 nificantly affecting the quality of the human envi16 ronment for purposes of the National Environmental

17 Policy Act of 1969 (42 U.S.C. 4321 et seq.). The

18 Secretary shall submit an environmental impact

19 statement on the construction and operation of the

20 repository to the Commission with the license appli21 cation.

22 ‘‘(2) For purposes of complying with the re23 quirements of the National Environmental Policy

24 Act of 1969 and this section, the Secretary shall not

25 consider in the environmental impact statement the
61

•HR 1020 IH

1 need for the repository, alternative sites or designs

2 for the repository, the time of the initial availability

3 of the repository, or any alternatives to the isolation

4 of high-level radioactive waste and spent nuclear fuel

5 in a repository.

6 ‘‘(3) The Secretary’s environmental impact

7 statement and any supplements thereto shall, to the

8 extent practicable, be adopted by the Commission in

9 connection with the issuance by the Commission of

10 a construction authorization under subsection (b)(1),

11 a license under subsection (b)(2), or a license

12 amendment under subsection (b)(3). To the extent

13 such statement or supplement is adopted by the

14 Commission, such adoption shall be deemed to also

15 satisfy the responsibilities of the Commission under

16 the National Environmental Policy Act of 1969, and

17 no further consideration shall be required, except

18 that nothing in this subsection shall affect any inde19 pendent responsibilities of the Commission to protect

20 the public health and safety under the Atomic En21 ergy Act of 1954. In any such statement prepared

22 with respect to the repository, the Commission shall

23 not consider the need for a repository, the time of

24 initial availability of the repository, alternate sites to
62

•HR 1020 IH

1 the Yucca Mountain site, or nongeologic alternatives

2 to such site.

3 ‘‘(f) JUDICIAL REVIEW.—No court shall have juris4 diction to enjoin issuance of the Commission repository

5 licensing regulations prior to its final decision on review

6 of such regulations.

7 ‘‘SEC. 208. LAND WITHDRAWAL.

8 ‘‘(a) WITHDRAWAL AND RESERVATION.—

9 ‘‘(1) Subject to valid existing rights, the interim

10 storage facility site and the Yucca Mountain site, as

11 described in subsection (b), are withdrawn from all

12 forms of entry, appropriation, and disposal under

13 the public land laws, including without limitation the

14 mineral leasing laws, the geothermal leasing laws,

15 the material sale laws, and the mining laws.

16 ‘‘(2) Jurisdiction of any land within the interim

17 storage facility site and the Yucca Mountain site

18 managed by the Secretary of the Interior, the Sec19 retary of Defense, or any other Federal officer is

20 transferred to the Secretary.

21 ‘‘(3) The interim storage facility site and the

22 Yucca Mountain site are reserved for the use of the

23 Secretary for the construction and operation, respec24 tively, of the interim storage facility and the reposi-
63

•HR 1020 IH

1 tory and activities associated with the purposes of

2 this title.

3 ‘‘(b) LAND DESCRIPTION.—

4 ‘‘(1) The boundaries depicted on the map enti5 tled ‘Interim Storage Facility Site Withdrawal Map,’

6 dated lll, and on file with the Secretary, are es7 tablished as the boundaries of the Interim Storage

8 Facility site.

9 ‘‘(2) The boundaries depicted on the map enti10 tled ‘Yucca Mountain Site Withdrawal Map,’ dated

11 lll, and on file with the Secretary, are estab12 lished as the boundaries of the Yucca Mountain site.

13 ‘‘(3) Within 6 months of the date of the enact14 ment of this Act, the Secretary shall—

15 ‘‘(A) publish in the Federal Register a no16 tice containing a legal description of the interim

17 storage facility site; and

18 ‘‘(B) file copies of the maps described in

19 paragraph (1), and the legal description of the

20 interim storage facility site with the Congress,

21 the Secretary of the Interior, the Governor of

22 Nevada, and the Archivist of the United States.

23 ‘‘(4) Concurrent with the Secretary’s applica24 tion to the Commission for authority to construct

25 the repository, the Secretary shall—
64

•HR 1020 IH

1 ‘‘(A) publish in the Federal Register a no2 tice containing a legal description of the Yucca

3 Mountain site; and

4 ‘‘(B) file copies of the maps described in

5 paragraph (2), and the legal description of the

6 Yucca Mountain site with the Congress, the

7 Secretary of the Interior, the Governor of Ne8 vada, and the Archivist of the United States.

9 ‘‘(5) The maps and legal descriptions of the in10 terim storage facility site and the Yucca Mountain

11 site referred to in this subsection shall have the

12 same force and effect as if they were included in this

13 Act. The Secretary may correct clerical and typo14 graphical errors in the maps and legal descriptions

15 and make minor adjustments in the boundaries of

16 the sites.

17 ‘‘SEC. 209. PRIVATE STORAGE FACILITIES

18 ‘‘(a) COMMISSION ACTION.—Upon application by one

19 or more private entities for a license for an independent

20 spent fuel storage installation not located at the site of

21 a power reactor, the Commission shall review such license

22 applications and issue a license for one or more such facili23 ties at the earliest practicable date, to the extent permitted

24 by the applicable provisions of law and regulation. Any

25 Environmental Impact Statement prepared by the Com-
65

•HR 1020 IH

1 mission under section 102(2)(C) of the National Environ2 mental Policy Act of 1969 (42 U.S.C 4332(2)(C)) in con3 junction with any such licensing proceeding shall not con4 sider—

5 ‘‘(1) the need for the private storage facility, in6 cluding any individual component thereof;

7 ‘‘(2) any alternatives to the site of the private

8 storage facility selected by the applicant;

9 ‘‘(3) any alternatives to the design criteria for

10 such facility or any individual component thereof in

11 the license application;

12 ‘‘(4) the environmental impacts of storage of

13 spent nuclear fuel at the facility beyond the term of

14 the license or the term of the renewal period for

15 which application is made; or

16 ‘‘(5) the status of implementation of the Inte17 grated Spent Nuclear Fuel Management System.

18 ‘‘(b) SECRETARY’S ACTIONS.—The Secretary shall

19 encourage efforts to develop private facilities for the stor20 age of spent fuel by providing any requested information

21 and assistance, as appropriate, to the developers of such

22 facilities and to state and local governments and Indian

23 Tribes within whose jurisdictions such facilities may be lo24 cated, and shall cooperate with the developers of such fa-
66

•HR 1020 IH

1 cilities to facilitate compatibility between such facilities

2 and the integrated spent nuclear fuel management system.

3 ‘‘(c) OBLIGATION.—The Secretary shall satisfy the

4 Secretary’s obligations under this Act notwithstanding the

5 development of private facilities for the storage of spent

6 nuclear fuel.

7 ‘‘TITLE III—STATE RELATIONS

8 ‘‘SEC. 301. STATE CONSULTATION AND ASSISTANCE.

9 ‘‘(a) PROVISION OF INFORMATION.—

10 ‘‘(1) The Secretary, the Commission, and other

11 agencies involved in the construction, operation, or

12 regulation of any aspect of the interim storage facil13 ity, repository, or transportation facilities shall pro14 vide to the Governor and legislature of Nevada time15 ly and complete information regarding determina16 tions or plans made with respect to the site charac17 terization, siting, development, design, licensing,

18 construction, operation, regulation, or decommission19 ing of the interim storage facility, repository, or

20 transportation facilities.

21 ‘‘(2) Upon written request for information by

22 the Governor or legislature, the Secretary shall pro23 vide a written response to such request within 30

24 days of the receipt of such request. Such response

25 shall provide the information requested or, in the al-
67

•HR 1020 IH

1 ternative, the reasons why the information cannot be

2 so provided.

3 ‘‘(b) CONSULTATION AND COOPERATION.—In per4 forming any study of the Yucca Mountain site for the pur5 pose of determining whether the site can satisfy the Com6 mission’s regulations governing the licensing of a reposi7 tory, in developing and operating the interim storage facil8 ity, in developing and loading the repository, and in devel9 oping transportation facilities, the Secretary shall consult

10 and cooperate with the Governor and legislature of Nevada

11 in an effort to resolve the concerns of the State regarding

12 the public health and safety, environmental, and economic

13 impacts of the interim storage facility or repository. In

14 carrying out the Secretary’s duties under this title, the

15 Secretary shall consider such concerns to the maximum

16 extent feasible.

17 ‘‘(c) FINANCIAL ASSISTANCE.—

18 ‘‘(1)(A) The Secretary shall make grants to the

19 State of Nevada and any affected unit of local gov20 ernment for purpose of participating in activities re21 quired by this section. Any salary or travel expense

22 that would ordinarily be incurred by such State or

23 affected unit of local government, may not be con24 sidered eligible for funding under this paragraph.
68

•HR 1020 IH

1 ‘‘(B) The Secretary shall make grants to the

2 State of Nevada and any affected unit of local gov3 ernment under subparagraph (A) for purposes of en4 abling the State or affected unit of local govern5 ment—

6 ‘‘(i) to review activities taken under this

7 title with respect to the Yucca Mountain site

8 for purposes of determining any potential eco9 nomic, social, public health and safety, and en10 vironmental impacts of the interim storage fa11 cility or repository on the State or affected unit

12 of local government and its residents;

13 ‘‘(ii) to develop a request for impact assist14 ance under paragraph (2);

15 ‘‘(iii) to engage in any reasonable monitor16 ing, testing, or evaluation activities with respect

17 to site characterization programs with regard to

18 such site;

19 ‘‘(iv) to provide information to Nevada

20 residents regarding any activities of such state,

21 the Secretary, or the Commission with respect

22 to such site; and

23 ‘‘(v) to request information from, and

24 make comments and recommendations to, the
69

•HR 1020 IH

1 Secretary regarding such activities taken under

2 this title with respect to such site.

3 ‘‘(C) Any salary or travel expense that would

4 ordinarily be incurred by the State of Nevada or any

5 affected unit of local government may not be consid6 ered eligible for funding under this paragraph.

7 ‘‘(2)(A)(i) The Secretary shall provide financial

8 and technical assistance to the State of Nevada and

9 any affected unit of local government requesting

10 such assistance in accordance with the agreement

11 executed in subparagraph (C).

12 ‘‘(ii) Such assistance shall be designed to miti13 gate the impact on the State or affected unit of local

14 government of the development of the interim stor15 age facility or repository and the characterization of

16 such site.

17 ‘‘(iii) Such assistance to the State or affected

18 unit of local government shall commence upon the

19 initiation of site characterization activities.

20 ‘‘(B) The State of Nevada and any affected

21 unit of local government may request assistance

22 under this subsection by preparing and submitting

23 to the Secretary a report on the economic, social,

24 public health and safety, and environmental impacts
70

•HR 1020 IH

1 that are likely to result from site characterization

2 activities at the Yucca Mountain site.

3 ‘‘(C) As soon as practicable, the Secretary shall

4 seek to enter into a binding agreement with the

5 State of Nevada setting forth—

6 ‘‘(i) the amount of assistance to be pro7 vided under this subsection to such state or af8 fected unit of local government; and

9 ‘‘(ii) the procedures to be followed in pro10 viding such assistance.

11 ‘‘(3)(A) In addition to financial assistance pro12 vided under paragraphs (1) and (2), the Secretary

13 shall grant to the State of Nevada and any affected

14 unit of local government an amount each fiscal year

15 equal to the amount the State or affected unit of

16 local government, respectively, would receive if au17 thorized to tax site characterization activities at

18 such site, the development and operation of the in19 terim storage facility, and the development and oper20 ation of the repository, as the State or affected unit

21 of local government taxes the non-Federal real prop22 erty and industrial activities occurring within the

23 State or affected unit of local government.
71

•HR 1020 IH

1 ‘‘(B) Such grants shall continue until such time

2 as the respective activities, development, and oper3 ation are terminated at such site.

4 ‘‘(4)(A) The State of Nevada or any affected

5 unit of local government may not receive—

6 ‘‘(i) any grant with respect to the interim

7 storage facility under paragraph (1) after the

8 expiration of the one-year period following the

9 date on which the Commission disapproves an

10 application for a license to store high-level ra11 dioactive waste and spent nuclear fuel at the

12 site; or

13 ‘‘(ii) any grant with respect to the site

14 characterization activities or construction of the

15 repository under paragraph (1) after the expira16 tion of the one-year period following the earlier

17 of—

18 ‘‘(I) the date on which the Secretary

19 notifies the Governor and legislature of the

20 State of Nevada of the termination of site

21 characterization activities at the Yucca

22 Mountain site; or

23 ‘‘(II) the date on which the Commis24 sion disapproves an application for a con-
72

•HR 1020 IH

1 struction authorization for a repository at

2 such site.

3 ‘‘(B) The State of Nevada or any affected unit

4 of local government may not receive any further as5 sistance under paragraph (2)—

6 ‘‘(i) with respect to the interim storage fa7 cility if construction or operation of the interim

8 storage facility are terminated by the Secretary

9 or if such activities are permanently enjoined by

10 any court; or

11 ‘‘(ii) with respect to the repository if repos12 itory construction activities or site characteriza13 tion activities are terminated by the Secretary

14 or if such activities are permanently enjoined by

15 any court.

16 ‘‘(C) At the end of the 2-year period beginning

17 on the effective date of any license under section

18 207, no Federal funds, shall be made available to

19 the State of Nevada or affected unit of local govern20 ment under paragraph (1) or (2), except for such

21 funds as may be necessary to support State activi22 ties pursuant to agreements or contracts for impact

23 assistance entered into under paragraph (2) by the

24 State with the Secretary during such 2-year period.
73

•HR 1020 IH

1 ‘‘(5) Financial assistance authorized in this

2 subsection shall be made out of amounts held in the

3 waste fund. Amounts appropriated for the purposes

4 of such financial assistance shall be provided to the

5 State of Nevada and any affected unit of local gov6 ernment at the discretion of the Secretary, and may

7 be withheld in whole or part by the Secretary upon

8 a determination by the Secretary that such State or

9 affected unit of local government is not abiding by

10 the requirements of this section or is taking action

11 for the purpose of delaying, obstructing, or otherwise

12 interfering with the Secretary’s ability to construct

13 and operate any component of the integrated spent

14 nuclear fuel management system.

15 ‘‘TITLE IV—FUNDING AND

16 ORGANIZATION

17 ‘‘SEC. 401. BUDGET PRIORITIES.

18 ‘‘(a) THE SECRETARY.—For purposes of preparing

19 annual requests for appropriations from the Waste Fund

20 and allocating appropriated funds among competing re21 quirements, the Secretary shall accord—

22 ‘‘(1) the development and deployment of multi23 purpose canister systems under section 205, and the

24 licensing, construction, and operation of the interim
74

•HR 1020 IH

1 storage facility under section 206 the highest prior2 ity;

3 ‘‘(2) the acquisition of rights of way and the

4 construction and operation of the railroad under sec5 tion 202 the next highest priority; and

6 ‘‘(3) the licensing, construction, and operation

7 of the repository under section 207 the next highest

8 priority.

9 ‘‘(b) THE COMMISSION.—For purposes of preparing

10 annual requests for appropriations from the waste fund

11 and allocating appropriated funds among competing re12 quirements, the Commission shall accord—

13 ‘‘(1) the certification of multi-purpose canister

14 systems under section 205 and the licensing of an

15 interim storage facility under section 206 the high16 est priority;

17 ‘‘(2) the licensing of the repository under sec18 tion 207 the next highest priority.

19 ‘‘SEC. 402. ENVIRONMENTAL REQUIREMENTS.

20 ‘‘Notwithstanding any other law or regulation, the

21 obligations of the Secretary and the Commission pursuant

22 to the National Environmental Policy Act of 1969 (42

23 U.S.C. 4321 et. seq.) in connection with the siting, design,

24 licensing, construction or operation of any component of

25 the integrated spent nuclear fuel management system are
75

•HR 1020 IH

1 as set forth specifically in this Act and no further actions

2 other than those specified are required to meet the Sec3 retary’s or the Commission’s obligations under such Act.

4 ‘‘SEC. 403. NUCLEAR WASTE FUND.

5 ‘‘(a) CONTRACTS.—

6 ‘‘(1) In the performance of the Secretary’s

7 functions under this Act, the Secretary is authorized

8 to enter into contracts with any person who gen9 erates or holds title to high level radioactive waste,

10 or spent nuclear fuel, of domestic origin for the ac11 ceptance of title, subsequent transportation, and dis12 posal of such waste or spent fuel. Such contracts

13 shall provide for payment to the Secretary of fees

14 pursuant to paragraphs (2) and (3) sufficient to off15 set expenditures described in subsection (d).

16 ‘‘(2) For electricity generated by a civilian nu17 clear power reactor and sold on or after the date 90

18 days after January 7, 1983, the fee under para19 graph (1) shall be equal to 1.0 mill per kilowatt20 hour.

21 ‘‘(3) For spent nuclear fuel, or solidified high22 level radioactive waste derived from spent nuclear

23 fuel, which fuel was used to generate electricity in

24 a civilian nuclear power reactor prior to the applica25 tion of the fee under paragraph (2) to such reactor,
76

•HR 1020 IH

1 the Secretary shall, not later than 90 days after

2 January 7, 1983, establish a 1 time fee per kilogram

3 of heavy metal in spent nuclear fuel, or in solidified

4 high-level radioactive waste. Such fee shall be in an

5 amount equivalent to an average charge of 1.0 mill

6 per kilowatt-hour for electricity generated by such

7 spent nuclear fuel, or such solidified high level radio8 active waste derived therefrom, to be collected from

9 any person delivering such spent nuclear fuel or

10 high-level waste, pursuant to the acceptance sched11 ule or section 503, to the Federal government. Such

12 fee shall be paid to the Treasury of the United

13 States and shall be deposited in the separate fund

14 established by subsection (c). In paying such a fee,

15 the person delivering spent fuel, or solidified high16 level radioactive wastes derived therefrom, to the

17 Federal government shall have no further financial

18 obligation to the Federal government for the long19 term storage and permanent disposal of such spent

20 fuel, or the solidified high-level radioactive waste de21 rived therefrom.

22 ‘‘(4) Not later than 180 days after January 7,

23 1983, the Secretary shall establish procedures for

24 the collection and payment of the fees established

25 by paragraphs (2) and (3). The Secretary shall an-
77

•HR 1020 IH

1 nually review the amount of the fees established by

2 paragraphs (2) and (3) to evaluate whether collec3 tion of the fee will provide sufficient revenues to off4 set the costs as defined in subsection (d). In the

5 event the Secretary determines that either insuffi6 cient or excess revenues are being collected, in order

7 to recover the costs incurred by the Federal govern8 ment that are specified in subsection (d), the Sec9 retary shall propose an adjustment to the fee to en10 sure full cost recovery. The Secretary shall imme11 diately transmit this proposal for such an adjust12 ment to Congress. No proposed fee adjustment

13 under this section shall have legal effect unless en14 acted into Federal law.

15 ‘‘(5) The Secretary shall, by rule, amend the

16 contracts to incorporate criteria setting forth the

17 terms and conditions under which the Secretary

18 shall meet its obligations under this Act.

19 ‘‘(b) ADVANCE CONTRACTING REQUIREMENT.—

20 ‘‘(1)(A) The Commission shall not issue or

21 renew a license to any person to use a utilization or

22 production facility under the authority of section

23 103 or 104 of the Atomic Energy Act of 1954 (42

24 U.S.C. 2133, 2134) unless—
78

•HR 1020 IH

1 ‘‘(i) such person has entered into a con2 tract with the Secretary under this section; or

3 ‘‘(ii) the Secretary affirms in writing that

4 such person is actively and in good faith nego5 tiating with the Secretary for a contract under

6 this section.

7 ‘‘(B) The Commission, as it deems necessary or

8 appropriate, may require as a precondition to the is9 suance or renewal of a license under section 103 or

10 104 of the Atomic Energy Act of 1954 (42 U.S.C.

11 2133, 2134) that the applicant for such license shall

12 have entered into an agreement with the Secretary

13 for the disposal of high-level radioactive waste and

14 spent nuclear fuel that may result from the use of

15 such license.

16 ‘‘(2) Except as provided in paragraph (1), no

17 spent nuclear fuel or high-level radioactive waste

18 generated or owned by any person (other than a de19 partment of the United States referred to in section

20 101 or 102 of title 5, United States Code) may be

21 disposed of by the Secretary in any repository con22 structed under this Act unless the generator or

23 owner of such spent fuel or waste has entered into

24 a contract with the Secretary under this section by

25 not later than—
79

•HR 1020 IH

1 ‘‘(A) June 30, 1983; or

2 ‘‘(B) the date on which such generator or

3 owner commences generation of, or takes title

4 to, such spent fuel or waste; whichever occurs

5 later.

6 ‘‘(3) The rights and duties of a party to a con7 tract entered into under this section may be assign8 able with transfer of title to the spent nuclear fuel

9 or high-level radioactive waste involved.

10 ‘‘(4) No high-level radioactive waste or spent

11 nuclear fuel generated or owned by any department

12 of the United States referred to in section 101 or

13 102 of title 5, United States Code, may be stored or

14 disposed of by the Secretary in the integrated spent

15 nuclear fuel management system developed under

16 this Act unless such department transfers to the

17 Secretary, for deposit in the nuclear waste fund, its

18 appropriate portion of the costs of such storage and

19 disposal as determined by the Secretary under sec20 tion 405.

21 ‘‘(c) ESTABLISHMENT OF NUCLEAR WASTE FUND.—

22 There is established in the Treasury of the United States

23 a separate fund, to be known as the Nuclear Waste Fund.

24 The Waste Fund shall consist of—
80

•HR 1020 IH

1 ‘‘(1) all receipts, proceeds, and recoveries real2 ized by the Secretary under subsections (a), (b), and

3 (f), which shall be deposited in the Waste Fund im4 mediately upon their realization; and

5 ‘‘(2) any appropriations made by the Congress

6 to the Waste Fund.

7 ‘‘(d) USE OF WASTE FUND.—The Secretary may

8 make expenditures from the Waste Fund, subject to sub9 section (f), only for purposes of radioactive waste manage10 ment activities under this Act, including—

11 ‘‘(1) the identification, development, licensing,

12 construction, operation, decommissioning, and post

13 decommissioning maintenance and monitoring of the

14 interim storage facility or repository constructed

15 under this Act;

16 ‘‘(2) the conducting of nongeneric research, de17 velopment, and demonstration activities under this

18 Act;

19 ‘‘(3) the administrative cost of the radioactive

20 waste disposal program;

21 ‘‘(4) any costs that may be incurred by the Sec22 retary in connection with development and imple23 mentation of the integrated spent nuclear fuel man24 agement system, including the transportation, treat25 ing, or packaging of spent nuclear fuel or high-level
81

•HR 1020 IH

1 radioactive waste to be disposed of in the repository

2 or to be stored in the interim storage facility, the

3 cost of designing, licensing, fabricating, procuring,

4 and deploying multi-purpose canister systems, the

5 cost of constructing, maintaining, modifying and op6 erating transportation and transportation related

7 systems;

8 ‘‘(5) the costs associated with acquisition, de9 sign, modification, replacement, operation, and con10 struction of facilities at the repository or interim

11 storage facility and necessary or incident to such re12 pository or interim storage facility;

13 ‘‘(6) the costs associated with the provision of

14 assistance and benefits to the State of Nevada, and

15 affected units of local government in accordance

16 with this Act;

17 ‘‘(7) the costs associated with the execution and

18 implementation of service contracts with private

19 storage facilities for the storage of spent nuclear

20 fuel; and

21 ‘‘(8) the costs associated with modifications to

22 contract holders’ site and facilities, including the

23 near site transportation infrastructure, where such

24 modifications add significantly to the efficiency of

25 the integrated spent fuel management system.
82

•HR 1020 IH

1 ‘‘(e) PROHIBITION ON USE OF WASTE FUND.—The

2 Nuclear Waste Fund shall not be used, either directly or

3 indirectly, for the payment of damages by the Secretary

4 pursuant to section 102 of this Act.

5 ‘‘(f) ADMINISTRATION OF WASTE FUND.—(1) The

6 Secretary of the Treasury shall hold the Waste Fund and,

7 after consultation with the Secretary, annually report to

8 the Congress on the financial condition and operations of

9 the Waste Fund during the preceding fiscal year.

10 ‘‘(2) The Secretary shall submit the budget of the

11 Waste Fund to the Office of Management and Budget tri12 ennially along with the budget of the Department of En13 ergy submitted at such time in accordance with chapter

14 11 of title 31, United States Code. The budget of the

15 Waste Fund shall consist of the estimates made by the

16 Secretary of expenditures from the Waste Fund and other

17 relevant financial matters for the succeeding 3 fiscal years,

18 and shall be included in the Budget of the United States

19 Government. The Secretary may make expenditures from

20 the Waste Fund, subject to appropriations which shall re21 main available until expended. Appropriations shall be

22 subject to triennial authorization.

23 ‘‘(3) If the Secretary determines that the Waste

24 Fund contains at any time amounts in excess of current

25 needs, the Secretary may request the Secretary of the
83

•HR 1020 IH

1 Treasury to invest such amounts, or any portion of such

2 amounts as the Secretary determines to be appropriate,

3 in obligations of the United States—

4 ‘‘(A) having maturities determined by the Sec5 retary of the Treasury to be appropriate to the

6 needs of the Waste Fund; and

7 ‘‘(B) bearing interest at rates determined to be

8 appropriate by the Secretary of the Treasury, taking

9 into consideration the current average market yield

10 on outstanding marketable obligations of the United

11 States with remaining periods to maturity com12 parable to the maturities of such investments, except

13 that the interest rate on such investments shall not

14 exceed the average interest rate applicable to exist15 ing borrowings.

16 ‘‘(4) Receipts, proceeds, and recoveries realized by

17 the Secretary under this section, and expenditures of

18 amounts from the Waste Fund, shall be exempt from an19 nual apportionment under the provisions of subchapter II

20 of chapter 15 of title 31, United States Code.

21 ‘‘(5) If at any time the moneys available in the Waste

22 Fund are insufficient to enable the Secretary to discharge

23 the Secretary’s responsibilities under this title, the Sec24 retary shall issue to the Secretary of the Treasury obliga25 tions in such forms and denominations, bearing such ma-
84

•HR 1020 IH

1 turities, and subject to such terms and conditions as may

2 be agreed to by the Secretary and the Secretary of the

3 Treasury. The total of such obligations shall not exceed

4 amounts provided in appropriation Acts. Redemption of

5 such obligations shall be made by the Secretary from mon6 eys available in the Waste Fund. Such obligations shall

7 bear interest at a rate determined by the Secretary of the

8 Treasury, which shall be not less than a rate determined

9 by taking into consideration the average market yield on

10 outstanding marketable obligations of the United States

11 of comparable maturities during the month preceding the

12 issuance of the obligations under this paragraph. The Sec13 retary of the Treasury shall purchase any issued obliga14 tions, and for such purpose the Secretary of the Treasury

15 is authorized to use as a public debt transaction the pro16 ceeds from the sale of any securities issued under chapter

17 31 of title 31, United States Code, and the purposes for

18 which securities may be issued under such Act are ex19 tended to include any purchase of such obligations. The

20 Secretary of the Treasury may at any time sell any of the

21 obligations acquired by him under this paragraph. All re22 demptions, purchases, and sales by the Secretary of the

23 Treasury of obligations under this paragraph shall be

24 treated as public debt transactions of the United States.
85

•HR 1020 IH

1 ‘‘(6) Any appropriations made available to the Waste

2 Fund for any purpose described in subsection (d) shall be

3 repaid into the general fund of the Treasury, together with

4 interest from the date of availability of the appropriations

5 until the date of repayment. Such interest shall be paid

6 on the cumulative amount of appropriations available to

7 the Waste Fund, less the average undisbursed cash bal8 ance in the Waste Fund account during the fiscal year

9 involved. The rate of such interest shall be determined by

10 the Secretary of the Treasury taking into consideration

11 the average market yield during the month preceding each

12 fiscal year on outstanding marketable obligations of the

13 United States of comparable maturity. Interest payments

14 may be deferred with the approval of the Secretary of the

15 Treasury, but any interest payments deferred shall them16 selves bear interest.

17 ‘‘SEC. 404. OFFICE OF CIVILIAN RADIOACTIVE WASTE

18 MANAGEMENT.

19 ‘‘(a) ESTABLISHMENT.—There is established within

20 the Department of Energy an Office of Civilian Radio21 active Waste Management. The Office shall be headed by

22 a Director, who shall be appointed by the President, by

23 and with the advice and consent of the Senate. The Direc24 tor’s compensation shall be determined in accordance with

25 section 701.
86

•HR 1020 IH

1 ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director of the

2 Office shall be responsible for carrying out the functions

3 of the Secretary under this Act, subject to the general su4 pervision of the Secretary. The Director of the Office shall

5 be directly responsible to the Secretary.

6 ‘‘SEC. 405. DEFENSE CONTRIBUTION.

7 ‘‘(a) ALLOCATION.—No later than 1 year from the

8 date of enactment of this Act, acting pursuant to section

9 553 of title 5, United States Code, the Secretary shall

10 issue a final rule establishing the appropriate portion of

11 the costs of managing high-level radioactive waste and

12 spent nuclear fuel under this Act allocable to the interim

13 storage or permanent disposal of high-level radioactive

14 waste and spent nuclear fuel from atomic energy defense

15 activities. The share of costs allocable to the management

16 of high-level radioactive waste and spent nuclear fuel from

17 atomic energy defense activities shall include—

18 ‘‘(1) an appropriate portion of the costs associ19 ated with research and development activities with

20 respect to development of an interim storage facility

21 and repository; and

22 ‘‘(2) interest on the principal amounts due cal23 culated by reference to the appropriate T-bill rate as

24 if the payments were made at a point in time con-
87

•HR 1020 IH

1 sistent with the payment dates for spent nuclear fuel

2 and high-level radioactive waste under the contracts.

3 ‘‘(b) APPROPRIATION REQUEST.—In addition to any

4 request for an appropriation from the waste fund under

5 section 401, the Secretary shall request annual appropria6 tions from general revenues in amounts sufficient to pay

7 the costs of the management of high-level radioactive

8 waste and spent nuclear fuel from atomic energy defense

9 activities as established under subsection (a).

10 ‘‘(c) REPORT.—In conjunction with the annual report

11 submitted to Congress under section 702, the Secretary

12 shall advise the Congress annually of the amount of high13 level radioactive waste and spent nuclear fuel from atomic

14 energy defense activities requiring management in the in15 tegrated spent nuclear fuel management system.

16 ‘‘(d) AUTHORIZATION.—There is authorized to be ap17 propriated to the Secretary, from general revenues, for

18 carrying out the purposes of this Act, such sums as may

19 be necessary to pay the costs of the management of high20 level radioactive waste and spent nuclear fuel from atomic

21 energy defense activities as established under subsection

22 (a).
88

•HR 1020 IH

1 ‘‘TITLE V—GENERAL AND

2 MISCELLANEOUS PROVISIONS

3 ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS.

4 ‘‘(a) IN GENERAL.—The Secretary shall be subject

5 to and comply with all Federal, State, and local environ6 mental or land use laws, requirements, or orders of gen7 eral applicability not preempted by applicable Federal law,

8 including those requiring permits or reporting, or those

9 setting standards, criteria, or limitation.

10 ‘‘(b) APPLICATION OF FEDERAL LAW.—In the event

11 that the requirements of any Federal law are inconsistent

12 with or duplicative of the requirements of the Atomic En13 ergy Act and this Act, the Secretary shall comply only with

14 the requirements of the Atomic Energy Act and this Act

15 in implementing the integrated spent nuclear fuel manage16 ment system.

17 ‘‘(c) EXEMPTION.—(1) Notwithstanding subsection

18 (a), the President shall exempt the Secretary from any

19 Federal, State, or local requirement (including any law,

20 regulation, or order requiring any license, permit, certifi21 cation, authorization, or approval, or setting any standard,

22 criterion, or limitation) if the President determines, in the

23 President’s discretion, that—
89

•HR 1020 IH

1 ‘‘(A) issuance of the required licensed, permit,

2 certification, authorization, or approval is being un3 reasonably delayed or denied;

4 ‘‘(B) the requirement is not based on credible

5 scientific data, is not generally applicable, or was

6 not adopted by formal means; or

7 (C) the cost of complying with the law, require8 ment, or order unreasonably exceeds the benefit to

9 the public health and safety or the environment.

10 ‘‘(2) In the event the President makes a determina11 tion under paragraph (1) with respect to any State re12 quirement (including any requirement of any agency or

13 subdivision of the State) and further determines, in the

14 President’s discretion, that such requirement was imposed

15 for the purpose of delaying or obstructing construction or

16 operation of the interim storage facility, transportation fa17 cilities, the repository, or associated facilities under this

18 Act, the President may exempt the Secretary from all

19 State requirements under this subsection or such portion

20 thereof as the President determines necessary.

21 ‘‘(3) The President’s exercise of the President’s ex22 emption authority under this subsection shall not be sub23 ject to judicial review on any grounds.
90

•HR 1020 IH

1 ‘‘SEC. 502. JUDICIAL REVIEW OF AGENCY ACTIONS.

2 ‘‘(a) JURISDICTION OF UNITED STATES COURTS OF

3 APPEALS.—

4 ‘‘(1) Except for review in the Supreme Court of

5 the United States, and except as otherwise provided

6 in this Act, the United States courts of appeals shall

7 have original and exclusive jurisdiction over any civil

8 action—

9 ‘‘(A) for review of any final decision or ac10 tion of the Secretary, the President, or the

11 Commission under this Act;

12 ‘‘(B) alleging the failure of the Secretary,

13 the President, or the Commission to make any

14 decision, or take any action, required under this

15 Act;

16 ‘‘(C) challenging the constitutionality of

17 any decision made, or action taken, under any

18 provision of this Act; or

19 ‘‘(D) for review of any environmental im20 pact statement prepared or environmental as21 sessment pursuant to the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4321 et

23 seq.) with respect to any action under this Act

24 or alleging a failure to prepare such statement

25 with respect to any such action.
91

•HR 1020 IH

1 ‘‘(2) The venue of any proceeding under this

2 section shall be in the judicial circuit in which the

3 petitioner involved resides or has its principal office,

4 or in the United States Court of Appeals for the

5 District of Columbia.

6 ‘‘(b) DEADLINE FOR COMMENCING ACTION.—A civil

7 action for judicial review described under subsection (a)(l)

8 may be brought not later than the 180th day after the

9 date of the decision or action or failure to act involved,

10 as the case may be, except that if a party shows that he

11 did not know of the decision or action complained of (or

12 of the failure to act), and that a reasonable person acting

13 under the circumstances would not have known, such

14 party may bring a civil action not later than the 180th

15 day after the date such party acquired actual or construc16 tive knowledge or such decision, action, or failure to act.

17 ‘‘SEC. 503. TITLE TO MATERIAL.

18 ‘‘Upon the request of a contract holder and consistent

19 with the contract holder’s acceptance date under the ac20 ceptance schedule, if the Secretary cannot accept the con21 tract holder’s spent nuclear fuel or high-level radioactive

22 waste in accordance with the acceptance schedule, the Sec23 retary shall take title to or possession of such fuel or waste

24 without removing such fuel or waste from the contract

25 holder’s designated storage site. Nothing in this section
92

•HR 1020 IH

1 shall be construed to affect in any way the Secretary’s ob2 ligation under this Act to commence acceptance of spent

3 nuclear fuel and high-level radioactive waste no later than

4 January 31, 1998.

5 ‘‘SEC. 504. LICENSING OF FACILITY EXPANSIONS AND

6 TRANSSHIPMENTS.

7 ‘‘(a) ORAL ARGUMENT.—In any Commission hearing

8 under section 189 of the Atomic Energy Act of 1954 (42

9 U.S.C. 2239) on an application for a license, or for an

10 amendment to an existing license, filed after January 7,

11 1983, to expand the spent nuclear fuel storage capacity

12 at the site of a civilian nuclear power reactor, through the

13 use of high-density fuel storage racks, fuel rod compac14 tion, the transshipment of spent nuclear fuel to another

15 civilian nuclear power reactor within the same utility sys16 tem, the construction of additional spent nuclear fuel pool

17 capacity or dry storage capacity, or by other means, the

18 Commission shall, at the request of any party, provide an

19 opportunity for oral argument with respect to any matter

20 which the Commission determines to be in controversy

21 among the parties. The oral argument shall be preceded

22 by such discovery procedures as the rules of the Commis23 sion shall provide. The Commission shall require each

24 party, including the Commission staff, to submit in writ25 ten form, at the time of the oral argument, a summary
93

•HR 1020 IH

1 of the facts, data, and arguments upon which such party

2 proposes to rely that are known at such time to such

3 party. Only facts and data in the form of sworn testimony

4 or written submission may be relied upon by the parties

5 during oral argument. Of the materials that may be sub6 mitted by the parties during oral argument, the Commis7 sion shall only consider those facts and data that are sub8 mitted in the form of sworn testimony or written submis9 sion.

10 ‘‘(b) ADJUDICATORY HEARING.—(1) At the conclu11 sion of any oral argument under subsection (a), the Com12 mission shall designate any disputed question of fact, to13 gether with any remaining questions of law, for resolution

14 in an adjudicatory hearing only if it determines that—

15 ‘‘(A) there is a genuine and substantial dispute

16 of fact which can only be resolved with sufficient ac17 curacy by the introduction of evidence in an adju18 dicatory hearing; and

19 ‘‘(B) the decision of the Commission is likely to

20 depend in whole or in part on the resolution of such

21 dispute.

22 ‘‘(2) In making a determination under this sub23 section, the Commission—

24 ‘‘(A) shall designate in writing the specific facts

25 that are in genuine and substantial dispute, the rea-
94

•HR 1020 IH

1 son why the decision of the agency is likely to de2 pend on the resolution of such facts, and the reason

3 why an adjudicatory hearing is likely to resolve the

4 dispute; and

5 ‘‘(B) shall not consider—

6 ‘‘(i) any issue relating to the design, con7 struction, or operation of any civilian nuclear

8 power reactor already licensed to operate at

9 such site, or any civilian nuclear power reactor

10 to which a construction permit has been grant11 ed at such site, unless the Commission deter12 mines that any such issue substantially affects

13 the design, construction, or operation of the fa14 cility or activity for which such license applica15 tion, authorization, or amendment is being con16 sidered; or

17 ‘‘(ii) any siting or design issue fully consid18 ered and decided by the Commission in connec19 tion with the issuance of a construction permit

20 or operating license for a civilian nuclear power

21 reactor at such site, unless—

22 ‘‘(I) such issue results from any revi23 sion of siting or design criteria by the

24 Commission following such decision; and
95

•HR 1020 IH

1 ‘‘(II) the Commission determines that

2 such issue substantially affects the design,

3 construction, or operation of the facility or

4 activity for which such license application,

5 authorization, or amendment is being con6 sidered.

7 ‘‘(3) The provisions of paragraph (2)(B) shall apply

8 only with respect to licenses, authorizations, or amend9 ments to licenses or authorizations, applied for under the

10 Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) be11 fore December 31, 2005.

12 ‘‘(4) The provisions of this section shall not apply to

13 the first application for a license or license amendment

14 received by the Commission to expand onsite spent fuel

15 storage capacity by the use of a new technology not pre16 viously approved for use at any nuclear power plant by

17 the Commission.

18 ‘‘(c) JUDICIAL REVIEW.—No court shall hold unlaw19 ful or set aside a decision of the Commission in any pro20 ceeding described in subsection (a) because of a failure

21 by the Commission to use a particular procedure pursuant

22 to this section unless—

23 ‘‘(1) an objection to the procedure used was

24 presented to the Commission in a timely fashion or
96

•HR 1020 IH

1 there are extraordinary circumstances that excuse

2 the failure to present a timely objection; and

3 ‘‘(2) the court finds that such failure has pre4 cluded a fair consideration and informed resolution

5 of a significant issue of the proceeding taken as a

6 whole.

7 ‘‘SEC. 505. SITING A SECOND REPOSITORY.

8 ‘‘(a) CONGRESSIONAL ACTION REQUIRED.—The Sec9 retary may not conduct site-specific activities with respect

10 to a second repository unless Congress has specifically au11 thorized and appropriated funds for such activities.

12 ‘‘(b) REPORT.—The Secretary shall report to the

13 President and to Congress on or after January 1, 2007,

14 but not later than January 1, 2010, on the need for a

15 second repository.

16 ‘‘SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL

17 RADIOACTIVE WASTE SITE CLOSURE.

18 ‘‘(a) FINANCIAL ARRANGEMENTS.—(1) The Commis19 sion shall establish by rule, regulation, or order, after pub20 lic notice, and in accordance with section 181 of the Atom21 ic Energy Act of 1954 (42 U.S.C. 2231), such standards

22 and instructions as the Commission may deem necessary

23 or desirable to ensure in the case of each license for the

24 disposal of low-level radioactive waste that an adequate

25 bond, surety, or other financial arrangement (as deter-
97

•HR 1020 IH

1 mined by the Commission) will be provided by a licensee

2 to permit completion of all requirements established by the

3 Commission for the decontamination, decommissioning,

4 site closure, and reclamation of sites, structures, and

5 equipment used in conjunction with such low-level radio6 active waste. Such financial arrangements shall be pro7 vided and approved by the Commission, or, in the case

8 of sites within the boundaries of any agreement State

9 under section 274 of the Atomic Energy Act of 1954 (42

10 U.S.C. 2021), by the appropriate State or State entity,

11 prior to issuance of licenses for low-level radioactive waste

12 disposal or, in the case of licenses in effect on January

13 7, 1983, prior to termination of such licenses.

14 ‘‘(2) If the Commission determines that any long15 term maintenance or monitoring, or both, will be necessary

16 at a site described in paragraph (1), the Commission shall

17 ensure before termination of the license involved that the

18 licensee has made available such bonding, surety, or other

19 financial arrangements as may be necessary to ensure that

20 any necessary long-term maintenance or monitoring need21 ed for such site will be carried out by the person having

22 title and custody for such site following license termi23 nation.

24 ‘‘(b) TITLE AND CUSTODY.—
98

•HR 1020 IH

1 ‘‘(1) The Secretary shall have authority to as2 sume title and custody of low-level radioactive waste

3 and the land on which such waste is disposed of,

4 upon request of the owner of such waste and land

5 and following termination of the license issued by

6 the Commission for such disposal, if the Commission

7 determines that—

8 ‘‘(A) the requirements of the Commission

9 for site closure, decommissioning, and decon10 tamination have been met by the licensee in11 volved and that such licensee is in compliance

12 with the provisions of subsection (a);

13 ‘‘(B) such title and custody will be trans14 ferred to the Secretary without cost to the Fed15 eral Government; and

16 ‘‘(C) Federal ownership and management

17 of such site is necessary or desirable in order to

18 protect the public health and safety, and the

19 environment.

20 ‘‘(2) If the Secretary assumes title and custody

21 of any such waste and land under this subsection,

22 the Secretary shall maintain such waste and land in

23 a manner that will protect the public health and

24 safety, and the environment.
99

•HR 1020 IH

1 ‘‘(c) SPECIAL SITES.—If the low-level radioactive

2 waste involved is the result of a licensed activity to recover

3 zirconium, hafnium, and rare earths from source material,

4 the Secretary, upon request of the owner of the site in5 volved, shall assume title and custody of such waste and

6 the land on which it is disposed when such site has been

7 decontaminated and stabilized in accordance with the re8 quirements established by the Commission and when such

9 owner has made adequate financial arrangements ap10 proved by the Commission for the long-term maintenance

11 and monitoring of such site.

12 ‘‘SEC. 507. NUCLEAR REGULATORY COMMISSION TRAINING

13 AUTHORIZATION.

14 ‘‘The Commission is authorized and directed to pro15 mulgate regulations, or other appropriate regulatory guid16 ance, for the training and qualifications of civilian nuclear

17 powerplant operators, supervisors, technicians, and other

18 appropriate operating personnel. Such regulations or guid19 ance shall establish simulator training requirements for

20 applicants for civilian nuclear powerplant operator licenses

21 and for operator requalification programs; requirements

22 governing Commission administration of requalification

23 examinations; requirements for operating tests at civilian

24 nuclear powerplant simulators, and instructional require-
100

•HR 1020 IH

1 ments for civilian nuclear powerplant licensee personnel

2 training programs.

3 ‘‘TITLE VI—NUCLEAR WASTE

4 TECHNICAL REVIEW BOARD

5 ‘‘SEC. 601. DEFINITIONS.

6 ‘‘For purposes of this title—

7 ‘‘(a) The term ‘Chairman’ means the Chairman

8 of the Nuclear Waste Technical Review Board.

9 ‘‘(b) The term ‘Board’ means the Nuclear Waste

10 Technical Review Board established under section 602.

11 ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

12 ‘‘(a) ESTABLISHMENT.—There is established a Nu13 clear Waste Technical Review Board that shall be an inde14 pendent establishment within the executive branch.

15 ‘‘(b) MEMBERS.—

16 ‘‘(1) The Board shall consist of 11 members

17 who shall be appointed by the President not later

18 than 90 days after December 22, 1987, from among

19 persons nominated by the National Academy of

20 Sciences in accordance with paragraph (3).

21 ‘‘(2) The President shall designate a member of

22 the Board to serve as Chairman.

23 ‘‘(3)(A) The National Academy of Sciences

24 shall, not later than 90 days after December 22,

25 1987, nominate not less than 22 persons for ap-
101

•HR 1020 IH

1 pointment to the Board from among persons who

2 meet the qualifications described in subparagraph

3 (C).

4 ‘‘(B) The National Academy of Sciences shall

5 nominate not less than 2 persons to fill any vacancy

6 on the Board from among persons who meet the

7 qualifications described in subparagraph (C).

8 ‘‘(C)(i) Each person nominated for appointment

9 to the Board shall be—

10 ‘‘(I) eminent in a field of science or engi11 neering, including environmental sciences; and

12 ‘‘(II) selected solely on the basis of estab13 lished records of distinguished service.

14 ‘‘(ii) The membership of the Board shall be rep15 resentatives of the broad range of scientific and en16 gineering disciplines related to activities under this

17 title.

18 ‘‘(iii) No person shall be nominated for appoint19 ment to the Board who is an employee of—

20 ‘‘(I) the Department of Energy;

21 ‘‘(II) a national laboratory under contract

22 with the Department of Energy; or

23 ‘‘(III) an entity performing high-level ra24 dioactive waste or spent nuclear fuel activities

25 under contract with the Department of Energy.
102

•HR 1020 IH

1 ‘‘(4) Any vacancy on the Board shall be filled

2 by the nomination and appointment process de3 scribed in paragraphs (1) and (3).

4 ‘‘(5) Members of the Board shall be appointed

5 for terms of 4 years, each such term to commence

6 120 days after December 22, 1987, except that of

7 the 11 members first appointed to the Board, 5 shall

8 serve for 2 years and 6 shall serve for 4 years, to

9 be designated by the President at the time of ap10 pointment.

11 ‘‘SEC. 603. FUNCTIONS.

12 ‘‘The Board shall evaluate the technical and scientific

13 validity of activities undertaken by the Secretary after De14 cember 22, 1987, including—

15 ‘‘(1) site characterization activities; and

16 ‘‘(2) activities relating to the packaging or

17 transportation of high-level radioactive waste or

18 spent nuclear fuel.

19 ‘‘SEC. 604. INVESTIGATORY POWERS.

20 ‘‘(a) HEARINGS.—Upon request of the Chairman or

21 a majority of the members of the Board, the Board may

22 hold such hearings, sit and act at such times and places,

23 take such testimony, and receive such evidence, as the

24 Board considers appropriate. Any member of the Board
103

•HR 1020 IH

1 may administer oaths or affirmations to witnesses appear2 ing before the Board.

3 ‘‘(b) PRODUCTION OF DOCUMENTS.—(1) Upon the

4 request of the Chairman or a majority of the members

5 of the Board, and subject to existing law, the Secretary

6 (or any contractor of the Secretary) shall provide the

7 Board with such records, files, papers, data, or informa8 tion as may be necessary to respond to any inquiry of the

9 Board under this title.

10 ‘‘(2) Subject to existing law, information obtainable

11 under paragraph (1) shall not be limited to final work

12 products of the Secretary, but shall include drafts of such

13 products and documentation of work in progress.

14 ‘‘SEC. 605. COMPENSATION OF MEMBERS.

15 ‘‘(a) IN GENERAL.—Each member of the Board shall

16 be paid at the rate of pay payable for level III of the Exec17 utive Schedule for each day (including travel time) such

18 member is engaged in the work of the Board.

19 ‘‘(b) TRAVEL EXPENSES.—Each member of the

20 Board may receive travel expenses, including per diem in

21 lieu of subsistence, in the same manner as is permitted

22 under sections 5702 and 5703 of title 5, United States

23 Code.

24 ‘‘SEC. 606. STAFF.

25 ‘‘(a) CLERICAL STAFF.—
104

•HR 1020 IH

1 ‘‘(1) Subject to paragraph (2), the Chairman

2 may appoint and fix the compensation of such cleri3 cal staff as may be necessary to discharge the re4 sponsibilities of the Board.

5 ‘‘(2) Clerical staff shall be appointed subject to

6 the provisions of title 5, United States Code, govern7 ing appointments in the competitive service, and

8 shall be paid in accordance with the provisions of

9 chapter 51 and subchapter III of chapter 3 of such

10 title relating to classification and General Schedule

11 pay rates.

12 ‘‘(b) PROFESSIONAL STAFF.—

13 ‘‘(1) Subject to paragraphs (2) and (3), the

14 Chairman may appoint and fix the compensation of

15 such professional staff as may be necessary to dis16 charge the responsibilities of the Board.

17 ‘‘(2) Not more than 10 professional staff mem18 bers may be appointed under this subsection.

19 ‘‘(3) Professional staff members may be ap20 pointed without regard to the provisions of title 5,

21 United States Code, governing appointments in the

22 competitive service, and may be paid without regard

23 to the provisions of chapter 51 and subchapter III

24 of chapter 53 of such title relating to classification

25 and General Schedule pay rates, except that no indi-
105

•HR 1020 IH

1 vidual so appointed may receive pay in excess of the

2 annual rate of basic pay payable for GS–18 of the

3 General Schedule.

4 ‘‘SEC. 607. SUPPORT SERVICES.

5 ‘‘(a) GENERAL SERVICES.—To the extent permitted

6 by law and requested by the Chairman, the Administrator

7 of General Services shall provide the Board with necessary

8 administrative services, facilities, and support on a reim9 bursable basis.

10 ‘‘(b) ACCOUNTING, RESEARCH, AND TECHNOLOGY

11 ASSESSMENT SERVICES.—The Comptroller General, the

12 Librarian of Congress, and the Director of the Office of

13 Technology Assessment shall, to the extent permitted by

14 law and subject to the availability of funds, provide the

15 Board with such facilities, support, funds and services, in16 cluding staff, as may be necessary for the effective per17 formance of the functions of the Board.

18 ‘‘(c) ADDITIONAL SUPPORT.—Upon the request of

19 the Chairman, the Board may secure directly from the

20 head of any department or agency of the United States

21 information necessary to enable it to carry out this title.

22 ‘‘(d) MAILS.—The Board may use the United States

23 mails in the same manner and under the same conditions

24 as other departments and agencies of the United States.
106

•HR 1020 IH

1 ‘‘(e) EXPERTS AND CONSULTANTS.—Subject to such

2 rules as may be prescribed by the Board, the Chairman

3 may procure temporary and intermittent services under

4 section 3109(b) of title 5 of the United States Code, but

5 at rates for individuals not to exceed the daily equivalent

6 of the maximum annual rate of basic pay payable for GS–

7 18 of the General Schedule.

8 ‘‘SEC. 608. REPORT.

9 ‘‘The Board shall report not less than 2 times per

10 year to Congress and the Secretary its findings, conclu11 sions, and recommendations. The first such report shall

12 be submitted not later than 12 months after December

13 22, 1987.

14 ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘Notwithstanding subsection (d) of section 503, and

16 subject to subsection (e) of such section, there are author17 ized to be appropriated for expenditures from amounts in

18 the Waste Fund established in subsection (c) of such sec19 tion such sums as may be necessary to carry out the provi20 sions of this title.

21 ‘‘SEC. 610. TERMINATION OF THE BOARD.

22 ‘‘The Board shall cease to exist not later than 1 year

23 after the date on which the Secretary begins disposal of

24 high-level radioactive waste or spent nuclear fuel in the

25 repository.
107

•HR 1020 IH

1 ‘‘TITLE VII—MANAGEMENT

2 REFORM

3 ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES.

4 ‘‘(a) IN GENERAL.—The Secretary is directed to take

5 actions as necessary to improve the management of the

6 civilian radioactive waste management program to ensure

7 that the program is operated, to the maximum extent

8 practicable, in like manner as a private business. Notwith9 standing any other provision of law, the civilian radio10 active waste management program is not subject to laws

11 or regulations concerning the civil service as described in

12 this title.

13 ‘‘(b) OFFICE OF CIVILIAN RADIOACTIVE WASTE

14 MANAGEMENT EMPLOYEES.—

15 ‘‘(1) The Secretary shall, without regard to sec16 tion 5301 of title 5, United States Code, fix the

17 compensation of the Director and the Deputy Direc18 tor of Office of Civilian Radioactive Waste Manage19 ment. The Director shall, without regard to section

20 5301 of title 5, United States Code, fix the com21 pensation for all other Federal employees assigned

22 to the Office of Civilian Radioactive Waste Manage23 ment, define their duties, and provide for a system

24 of organization to fix responsibility and promote effi25 ciency. The Deputy Director may be removed at the
108

•HR 1020 IH

1 Director’s discretion without regard to any laws,

2 rules, or regulations concerning personnel actions in

3 the Civil Service System or Senior Executive Service.

4 Any other Federal employee assigned to the Office

5 of Civilian Radioactive Waste Management may be

6 removed at the discretion of the Secretary or Direc7 tor without regard to any laws, rules, or regulations

8 concerning personnel actions in the Civil Service

9 System or Senior Executive Service. The Secretary

10 shall ensure that Federal employees assigned to the

11 Office of Civilian Radioactive Waste Management

12 are appointed, promoted, and assigned on the basis

13 of merit and fitness. Other personnel actions shall be

14 consistent with the principles of fairness and due

15 process specified in title 5 of the United States

16 Code, but without regard to those provisions of said

17 title governing appointments and other personnel ac18 tions in the competitive service.

19 ‘‘(2) The provisions of paragraph (1) shall not

20 apply to Federal employees who may be, from time

21 to time, temporarily assigned to the Office of Civil22 ian Radioactive Waste Management. The use of tem23 porary assignment of Federal employees to the Of24 fice of Civilian Radioactive Waste Management shall
109

•HR 1020 IH

1 not be used in any manner to circumvent the full ap2 plication of the provisions in paragraph (1).

3 ‘‘(3) The Secretary shall transition the Federal

4 employees assigned to the Office of Civilian Radio5 active Waste Management to the provisions of this

6 section in an orderly manner allowing for the devel7 opment of the needed procedures. Under no cir8 cumstances shall this transition take longer than six

9 months from the date of enactment of this section.

10 ‘‘(4) Federal employees assigned to the Office

11 of Civilian Radioactive Waste Management and

12 transitioned to the provisions of this section shall re13 tain employment benefits in effect immediately prior

14 to the transition date. Transitioned employees will

15 continue in the Civil Service System’s retirement

16 system.

17 ‘‘(c) AUDITS.—

18 ‘‘(1) The Office of Civilian Radioactive Waste

19 Management, its contractors, and subcontractors at

20 all tiers, shall conduct, or have conducted, audits

21 and examinations of their operations in accordance

22 with the usual and customary practices of private

23 corporations engaged in large nuclear construction

24 projects consistent with its role in the program.
110

•HR 1020 IH

1 ‘‘(2) The management practices and perform2 ances of the Office of Civilian Radioactive Waste

3 Management shall be audited every five years by an

4 independent management consulting firm with sig5 nificant experience in similar audits of private cor6 porations engaged in large nuclear construction

7 projects. The first such audit shall be conducted five

8 years after the enactment of this Act.

9 ‘‘(3) The Comptroller General of the United

10 States shall annually make an audit of the Office, in

11 accordance with such regulations as the Comptroller

12 General may prescribe. The Comptroller General

13 shall have access to such books, records, accounts,

14 and other materials of the Office as the Comptroller

15 General determines to be necessary for the prepara16 tion of such audit. The Comptroller General shall

17 submit to the Congress a report on the results of

18 each audit conducted under this section.

19 ‘‘(4) No audit contemplated by this subsection

20 shall take longer than 30 days to conduct. An audit

21 report shall be issued in final form no longer than

22 60 days after the audit is commenced.

23 ‘‘(5) All audit reports shall be public documents

24 and available to any individual upon request.
111

•HR 1020 IH

1 ‘‘(d) MILESTONE REPORTING.—Within 30 days of

2 each milestone listed below, the Secretary shall notify the

3 Congress whether the milestone has been satisfied and, if

4 not, the reasons for the Secretary’s failure to meet its obli5 gation:

6 ‘‘(1) Submittal to the Commission of applica7 tions for certifications of multi-purpose canister sys8 tems no later than April 1, 1996.

9 ‘‘(2) Commencement of deployment of multi10 purpose canister systems or other certified systems

11 no later than 30 days prior to January 31, 1998.

12 ‘‘(3) Compliance with the land withdrawal pro13 visions of this Act.

14 ‘‘(4) Submittal to the Commission of a license

15 application and supporting documentation for an in16 terim storage facility no later than 6 months from

17 the date of enactment of this Act.

18 ‘‘(5) Commencement of operations at an in19 terim storage facility no later than January 31,

20 1998.

21 ‘‘(6) Commencement of acceptance of spent nu22 clear fuel from contract holders in accordance with

23 the Acceptance Schedule no later than January 31,

24 1998.
112

•HR 1020 IH

1 ‘‘(e) VALUE ENGINEERING.—The Secretary shall cre2 ate a value engineering function within the Office of Civil3 ian Radioactive Waste Management that reports directly

4 to the Director, which shall carry out value engineering

5 functions in accordance with the usual and customary

6 practices of private corporations engaged in large nuclear

7 construction projects.

8 ‘‘(f) SITE CHARACTERIZATION.—The Secretary shall

9 employ, on an on-going basis, integrated performance

10 modeling to identify appropriate parameters for the re11 maining site characterization effort and to eliminate stud12 ies of parametters that are shown not to affect long-term

13 repository performance.

14 ‘‘SEC. 702. REPORTING.

15 ‘‘(a) INITIAL REPORT.—Within 180 days of enact16 ment of this section, the Secretary shall report to Con17 gress on its planned actions for implementing the provi18 sions of this Act, including the development of the Inte19 grated Waste Management System. Such report shall in20 clude, but not be limited to—

21 ‘‘(1) an analysis of the Secretary’s progress in

22 meeting its statutory and contractual obligation to

23 Accept title to, possession of, and delivery of high24 level waste and spent nuclear fuel beginning no later
113

•HR 1020 IH

1 than January 31, 1998, and in accordance with the

2 Acceptance Schedule;

3 ‘‘(2) a detailed schedule and timeline showing

4 each action that the Secretary intends to take to

5 meet the Secretary’s obligations under this Act and

6 the contracts;

7 ‘‘(3) a detailed description of the Secretary’s

8 contingency plans in the event that the Secretary is

9 unable to meet the planned schedule and timeline;

10 and

11 ‘‘(4) an analysis by the Secretary of its funding

12 needs for fiscal years 1996 through 2001.

13 ‘‘(b) ANNUAL REPORTS.—On each anniversary of the

14 submittal of the report required by subsection (a), the Sec15 retary shall make annual reports to the Congress for the

16 purpose of updating the information contained in such re17 port. The annual reports shall be brief and shall notify

18 the Congress of—

19 ‘‘(1) any modifications to the Secretary’s sched20 ule and timeline for meeting its obligations under

21 this Act;

22 ‘‘(2) the reasons for such modifications, and the

23 status of the implementation of any of the Sec24 retary’s contingency plans; and
114

•HR 1020 IH

1 ‘‘(3) the Secretary’s analysis of its funding

2 needs for the ensuing 5 fiscal years.’’.

3 SEC. 2. TRANSITION PROVISIONS.

4 (a) CONTINUATION OF CONTRACTS.—Subsequent to

5 the date of enactment of this Act, the contracts executed

6 under section 302(a) of the Nuclear Waste Policy Act of

7 1982 shall continue in effect under this Act.

8 (b) CONTINUATION OF NUCLEAR WASTE FUND.—

9 Subsequent to the date of enactment of this Act, the Nu10 clear Waste Fund established in the Treasury of the Unit11 ed States under section 302(c) of the Nuclear Waste Pol12 icy Act of 1982 shall continue in effect under this Act.

13 (c) CONTINUATION OF OFFICE OF CIVILIAN RADIO14 ACTIVE WASTE MANAGEMENT.—The Office of Civilian

15 Radioactive Waste Management established under section

16 304(a) of the Nuclear Waste Policy Act of 1982 as con17 stituted prior to the date of enactment of this Act, shall

18 continue in effect subsequent to the date of enactment of

19 this Act.

20 (d) CONTINUATION OF NUCLEAR WASTE TECHNICAL

21 REVIEW BOARD.—The Nuclear Waste Technical Review

22 Board, established under section 502(a) of the Nuclear

23 Waste Policy Act of 1982 as constituted prior to the date

24 of enactment of this Act, shall continue in effect subse25 quent to the date of enactment of this Act.
115

•HR 1020 IH

1 SEC. 3. AMENDMENTS TO BUDGET LAWS.

2 (a) TREATMENT OF APPROPRIATIONS.—Amounts in

3 the Nuclear Waste Fund shall be appropriated exclusively

4 for the purposes authorized in section 503 of the Nuclear

5 Waste Policy Act of 1982. Notwithstanding any other law,

6 any such appropriations, and outlays flowing from such

7 appropriations, shall not be taken into account for pur8 poses of any budget enforcement procedures under the

9 Balanced Budget and Emergency Deficit Control Act of

10 1985.

11 (b) AMENDMENTS.—Section 251(b)(2) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985

13 is amended by inserting after subparagraph (G) the fol14 lowing new subparagraph:

15 ‘‘(H) NUCLEAR WASTE FUNDING.—Funds

16 appropriated to the Nuclear Waste Fund are

17 not subject to the discretionary spending limits

18 or the Appropriations Committee’s Energy and

19 Water Development Subcommittee’s section

20 602(b) allocation.’’.

21 (c) CONFORMING REDUCTION IN DISCRETIONARY

22 SPENDING LIMITS.—Upon enactment of this Act, the dis23 cretionary spending limits set forth in section 601(a)(2)

24 of the Congressional Budget Act of 1974 (2 U.S.C.

25 665(a)(2)) as adjusted in conformance with section 251

26 of the Balanced Budget and Emergency Deficit Control
116

•HR 1020 IH

1 Act of 1985 for fiscal years 1996 through 2000 are re2 duced as follows:

3 (1) For fiscal year 1996, for the discretionary

4 category, llll in new budget authority and

5 llll in outlays.

6 (2) For fiscal year 1997, for the discretionary

7 category, llll in new budget authority and

8 llll in outlays.

9 (3) For fiscal year 1998, for the discretionary

10 category, llll in new budget authority and

11 llll in outlays.

12 (4) For fiscal year 1999, the comparable

13 amount for budgetary purposes shall be deemed to

14 be llll in new budget authority and llll

15 in outlays.

16 (5) For fiscal year 2000, the comparable

17 amount for budgetary purposes shall be deemed to

18 be llll in new budget authority and llll

19 in outlays.

Æ

HR 1020 IH——2

HR 1020 IH——3

HR 1020 IH——4

HR 1020 IH——5

HR 1020 IH——6
117

•HR 1020 IH

HR 1020 IH——7

HR 1020 IH——8

HR 1020 IH——9