Union Calendar No. 152

104TH CONGRESS

1ST SESSION H. R. 1020

[Report No. 104–254, Part 1]

A BILL

To amend the Nuclear Waste Policy Act of 1982.

OCTOBER 24, 1995

Committed to the Whole House on the State of the

Union and ordered to be printed
IB

Union Calendar No. 152

104TH CONGRESS

1ST SESSION H. R. 1020

[Report No. 104–254, Part 1]

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

SEPTEMBER 20, 1995

Reported from the Committee on Commerce with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

SEPTEMBER 20, 1995

Referral to the Committees on Resources and Budget extended for a period

ending not later than October 20, 1995

SEPTEMBER 20, 1995

The Committee on Transportation and Infrastructure discharged

OCTOBER 19, 1995

Referral to the Committees on Resources and the Budget extended for a

period ending not later than October 24, 1995

OCTOBER 24, 1995

Additional sponsors: Mr. WELLER, Mrs. COLLINS of Illinois, Mr. EWING, Mr.

PETERSON of Minnesota, Mr. BARCIA, Mr. CONYERS, Mr. SPRATT, Mr.

FAWELL, Mr. PETERSON of Florida, Mr. CANADY of Florida, Mr. POR-
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TER, Mr. HYDE, Mr. STUPAK, Mrs. FOWLER, Mr. GUNDERSON, Mr.

ROHRABACHER, Mr. KNOLLENBERG, Mr. CRAPO, Mr. BALLENGER, Mr.

FRELINGHUYSEN, Mr. JEFFERSON, Mr. MINGE, Mr. HUTCHINSON, Mr.

SCARBOROUGH, Mr. BACHUS, Mr. CHRYSLER, Mr. COBLE, Mr. FOLEY,

Mr. COLLINS of Georgia, Mr. LAHOOD, Mr. CLYBURN, Mr. PICKETT, Mr.

EHLERS, Mr. FOGLIETTA, Mr. ZELIFF, Mr. CALLAHAN, Mr. SENSENBRENNER, Mr. FUNDERBURK, Mrs. MYRICK, Mr. HEINEMAN, Mr. FOX

of Pennsylvania, Mr. SPENCE, Mr. BORSKI, Mr. LATOURETTE, Mr.

RUSH, Mr. KLINK, Ms. ROS-LEHTINEN, Mr. HILLIARD, Mr. LIPINSKI,

Ms. BROWN of Florida, Mr. TAUZIN, Mr. MCCRERY, Mr. CAMP, Mr.

BAKER of Louisiana, Mr. WELDON of Florida, Mr. HEFNER, Mr. BISHOP, Mr. PAYNE of Virginia, Mr. TAYLOR of North Carolina, Mr. BLUTE,

Mr. LINDER, Mr. FRISA, Mr. EVERETT, Mr. ROTH, Mr. DEAL of Georgia, Mr. KINGSTON, Ms. RIVERS, Mr. CRAMER, Mr. HAYES, Mr. MONTGOMERY, Mr. SISISKY, Mr. SAXTON, Mr. HOLDEN, Mr. KING, Mr. LAZIO

of New York, Mr. JONES, Mr. CHAPMAN, Mr. STUMP, Mr. TRAFICANT,

Mr. BURTON of Indiana, Mr. ROSE, Mr. SOLOMON, Mrs. MEYERS of

Kansas, Mr. MCCOLLUM, Mr. ROGERS, Mr. OXLEY, Mr. TORKILDSEN,

Mr. GOODLATTE, Mr. BARTLETT of Maryland, Mrs. JOHNSON of Connecticut, Mr. CREMEANS, Mr. GUTKNECHT, Mr. MCHALE, Mr. PETRI,

Mr. QUILLEN, Mr. GUTIERREZ, Mr. BUNNING of Kentucky, Mr. YOUNG

of Florida, Mr. MANZULLO, Mr. RAHALL, Mr. MCINTOSH, Mr. ROBERTS,

Mr. SKEEN, Mr. DUNCAN, Mr. BARTON of Texas, Mrs. CLAYTON, Mr.

CLINGER, Mr. FLANAGAN, Mr. DEUTSCH, Mr. PACKARD, Miss COLLINS

of Michigan, Mr. BROWDER, Mr. POSHARD, Ms. PRYCE, Mr. LAUGHLIN,

Mr. TALENT, Mr. KLUG, Mr. COSTELLO, Mr. WELDON of Pennsylvania,

Mr. PAXON, Mr. GALLEGLY, Mr. POMEROY, Mrs. LINCOLN, Mr. ACKERMAN, Mr. GOSS, Mr. MCHUGH, Mr. CHAMBLISS, Mr. BOUCHER, Mr.

HASTINGS of Florida, Mr. MARTINI, Mr. COOLEY, Mr. GEKAS, Mr.

SMITH of New Jersey, Mr. MFUME, Mr. BONIOR, Mr. KILDEE, Mr.

LOBIONDO, Mr. MICA, Mr. FATTAH, Mr. CRANE, Mr. SHAW, Mr. EHRLICH, Mr. KANJORSKI, Mr. FROST, Mr. WICKER, Mr. TAYLOR of Mississippi, Mr. NETHERCUTT, Mr. GREENWOOD, Mrs. MEEK of Florida,

Mr. BRYANT of Tennessee, Mr. LEACH, Mr. BALDACCI, Mr. BARR of

Georgia, Mr. ALLARD, Mr. WATT of North Carolina, Mr. STOCKMAN, Mr.

WALSH, Mr. RAMSTAD, Mr. JOHNSON of South Dakota, Mr. DAVIS, Mr.

STENHOLM, Mr. BROWNBACK, Mr. PARKER, Mr. FLAKE, Mr. SCOTT, Mr.

LATHAM, Mr. SAM JOHNSON of Texas, Mr. ROYCE, Mr. WAMP, Mr.

HOKE, Mr. BATEMAN, and Mr. HASTINGS of Washington

OCTOBER 24, 1995

The Committees on Resources and the Budget discharged from further consideration; committed to the Committee of the Whole House on the State

of the Union, and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on February 23, 1995]
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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. AMENDMENT OF NUCLEAR WASTE POLICY ACT

4 OF 1982.

5 The Nuclear Waste Policy Act of 1982 is amended to

6 read as follows:

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

8 ‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Nu9 clear Waste Policy Act of 1995’.

10 ‘‘(b) TABLE OF CONTENTS.—

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

‘‘Sec. 2. Definitions.

‘‘Sec. 3. Findings and purposes.

‘‘TITLE I—OBLIGATIONS

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

‘‘TITLE II—INTEGRATED MANAGEMENT SYSTEM

‘‘Sec. 201. Railroad.

‘‘Sec. 202. Transportation planning.

‘‘Sec. 203. Transportation requirements.

‘‘Sec. 204. Interim storage.

‘‘Sec. 205. Permanent disposal.

‘‘Sec. 206. Land withdrawal.

‘‘Sec. 207. Private storage facilities.

‘‘TITLE III—STATE AND LOCAL RELATIONS

‘‘Sec. 301. Financial assistance.

‘‘Sec. 302. State consultation.

‘‘Sec. 303. Benefits agreements.

‘‘Sec. 304. Content of agreements.

‘‘Sec. 305. Review panel.

‘‘Sec. 306. Consideration in siting facilities.

‘‘Sec. 307. Acceptance of benefits.

‘‘Sec. 308. Restriction on use of funds.
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‘‘TITLE IV—FUNDING AND ORGANIZATION

‘‘Sec. 401. Program funding.

‘‘Sec. 402. Office of Civilian Radioactive Waste Management.

‘‘Sec. 403. Defense contribution.

‘‘TITLE V—GENERAL AND MISCELLANEOUS PROVISIONS

‘‘Sec. 501. Compliance with other laws.

‘‘Sec. 502. Effect on water rights.

‘‘Sec. 503. Judicial review of agency actions.

‘‘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 authorization.

‘‘Sec. 508. Acceptance schedule.

‘‘Sec. 509. Subseabed or ocean water disposal.

‘‘TITLE VI—NUCLEAR WASTE TECHNICAL REVIEW BOARD

‘‘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) ACCEPT, ACCEPTANCE.—The terms ‘accept’

4 and ‘acceptance’ mean the Secretary’s act of taking

5 possession of spent nuclear fuel or high-level radio6 active waste.

7 ‘‘(2) ACCEPTANCE SCHEDULE.—The term ‘ac8 ceptance schedule’ means the schedule established by

9 the Secretary for acceptance of spent nuclear fuel and

10 high-level radioactive waste.
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1 ‘‘(3) AFFECTED INDIAN TRIBE.—The term ‘af2 fected Indian tribe’ means any Indian tribe—

3 ‘‘(A) within whose reservation boundaries

4 the interim storage facility or a repository for

5 spent nuclear fuel or high-level radioactive waste,

6 or both, is proposed to be located; or

7 ‘‘(B) whose federally defined possessory or

8 usage rights to other lands outside of the reserva9 tion’s boundaries arising out of congressionally

10 ratified treaties may be substantially and ad11 versely affected by the locating of such a facility

12 if the Secretary of the Interior finds, upon the

13 petition of the appropriate governmental officials

14 of the tribe, that such effects are both substantial

15 and adverse to the tribe.

16 ‘‘(4) AFFECTED UNIT OF LOCAL GOVERNMENT.—

17 The term ‘affected unit of local government’ means the

18 unit of local government with jurisdiction over the

19 site of a repository or interim storage facility. Such

20 term may, at the discretion of the Secretary, include

21 other units of local government that are contiguous

22 with such unit.

23 ‘‘(5) ATOMIC ENERGY DEFENSE ACTIVITY.—The

24 term ‘atomic energy defense activity’ means any ac-
6

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1 tivity of the Secretary performed in whole or in part

2 in carrying out any of the following functions:

3 ‘‘(A) Naval reactors development.

4 ‘‘(B) Weapons activities including defense

5 inertial confinement fusion.

6 ‘‘(C) Verification and control technology.

7 ‘‘(D) Defense nuclear materials production.

8 ‘‘(E) Defense nuclear waste and materials

9 byproducts management.

10 ‘‘(F) Defense nuclear materials security and

11 safeguards and security investigations.

12 ‘‘(G) Defense research and development.

13 ‘‘(6) CIVILIAN NUCLEAR POWER REACTOR.—The

14 term ‘civilian nuclear power reactor’ means a civilian

15 nuclear power plant required to be licensed under sec16 tion 103 or 104 b. of the Atomic Energy Act of 1954

17 (42 U.S.C. 2133, 2134(b)).

18 ‘‘(7) COMMISSION.—The term ‘Commission’

19 means the Nuclear Regulatory Commission.

20 ‘‘(8) DEPARTMENT.— The term ‘Department’

21 means the Department of Energy.

22 ‘‘(9) DISPOSAL.—The term ‘disposal’ means the

23 emplacement in a repository of spent nuclear fuel,

24 high-level radioactive waste, or other highly radio25 active material with no foreseeable intent of recovery,
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1 whether or not such emplacement permits recovery of

2 such material for any future purpose.

3 ‘‘(10) DISPOSAL SYSTEM.—The term ‘disposal

4 system’ means all natural barriers and engineered

5 barriers, and engineered systems and components,

6 that prevent the release of radionuclides from the re7 pository.

8 ‘‘(11) ENGINEERED BARRIERS.—The term ‘engi9 neered barriers’ and ‘engineered systems and compo10 nents,’ means man made components of a disposal

11 system. Such term includes the spent nuclear fuel or

12 high-level radioactive waste form, spent nuclear fuel

13 package or high-level radioactive waste, and other

14 materials placed over and around such packages.

15 ‘‘(12) HIGH-LEVEL RADIOACTIVE WASTE.—The

16 term ‘high-level radioactive waste’ means—

17 ‘‘(A) the highly radioactive material result18 ing from the reprocessing of spent nuclear fuel,

19 including liquid waste produced directly in re20 processing and any solid material derived from

21 such liquid waste that contains fission products

22 in sufficient concentrations; and

23 ‘‘(B) other highly radioactive material that

24 the Commission, consistent with existing law, de25 termines by rule requires permanent isolation.
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1 ‘‘(13) FEDERAL AGENCY.—The term ‘Federal

2 agency’ means any Executive agency, as defined in

3 section 105 of title 5, United States Code.

4 ‘‘(14) INDIAN TRIBE.—The term ‘Indian tribe’

5 means any Indian tribe, band, nation, or other orga6 nized group or community of Indians recognized as

7 eligible for the services provided to Indians by the

8 Secretary of the Interior because of their status as In9 dians including any Alaska Native village, as defined

10 in section 3(c) of the Alaska Native Claims Settlement

11 Act (43 U.S.C. 1602(c)).

12 ‘‘(15) INTEGRATED MANAGEMENT SYSTEM.—The

13 term ‘integrated management system’ means the sys14 tem developed by the Secretary for the acceptance,

15 transportation, storage, and disposal of spent nuclear

16 fuel and high-level radioactive waste.

17 ‘‘(16) INTERIM STORAGE FACILITY.—The term

18 ‘interim storage facility’ means a facility designed

19 and constructed for the receipt, handling, possession,

20 safeguarding, and storage of spent nuclear fuel and

21 high-level radioactive waste in accordance with title

22 II of this Act.

23 ‘‘(17) INTERIM STORAGE FACILITY SITE.—The

24 term ‘interim storage facility site’ means the specific

25 site within Area 25 of the Nevada Test Site that is
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1 designated by the Secretary and withdrawn and re2 served in accordance with this Act for the location of

3 the interim storage facility.

4 ‘‘(18) LOW-LEVEL RADIOACTIVE WASTE.—The

5 term ‘low-level radioactive waste’ means radioactive

6 material that—

7 ‘‘(A) is not spent nuclear fuel, high-level ra8 dioactive waste, transuranic waste, or byproduct

9 material as defined in section 11 e.(2) of the

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

11 2014(e)(2)); and

12 ‘‘(B) the Commission, consistent with exist13 ing law, classifies as low-level radioactive waste.

14 ‘‘(19) METRIC TONS URANIUM.—The terms ‘met15 ric tons uranium’ and ‘MTU’ means the amount of

16 uranium in the original unirradiated fuel element

17 whether or not the spent nuclear fuel has been reproc18 essed.

19 ‘‘(20) NUCLEAR WASTE FUND.—The terms ‘Nu20 clear Waste Fund’ and ‘waste fund’ mean the nuclear

21 waste fund established in the United States Treasury

22 prior to the date of enactment of this Act under sec23 tion 302(c) of the Nuclear Waste Policy Act of 1982.

24 ‘‘(21) OFFICE.—The term ‘Office’ means the Of25 fice of Civilian Radioactive Waste Management estab-
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1 lished within the Department prior to the date of en2 actment of this Act under the provisions of the Nu3 clear Waste Policy Act of 1982.

4 ‘‘(22) PROGRAM APPROACH.—The term ‘program

5 approach’ means the Civilian Radioactive Waste

6 Management Program Plan, dated December 19,

7 1994, as modified by this Act, and as amended from

8 time to time by the Secretary in accordance with this

9 Act.

10 ‘‘(23) REPOSITORY.—The term ‘repository’

11 means a system designed and constructed under title

12 II of this Act for the permanent geologic disposal of

13 spent nuclear fuel and high-level radioactive waste,

14 including both surface and subsurface areas at which

15 spent nuclear fuel and high-level radioactive waste re16 ceipt, handling, possession, safeguarding, and storage

17 are conducted.

18 ‘‘(24) SECRETARY.—The term ‘Secretary’ means

19 the Secretary of Energy.

20 ‘‘(25) SITE CHARACTERIZATION.—The term ‘site

21 characterization’ means activities, whether in a lab22 oratory or in the field, undertaken to establish the

23 geologic condition and the ranges of the parameters of

24 a candidate site relevant to the location of a reposi25 tory, including borings, surface excavations, exca-
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1 vations of exploratory facilities, limited subsurface

2 lateral excavations and borings, and in situ testing

3 needed to evaluate the licensability of a candidate site

4 for the location of a repository, but not including pre5 liminary borings and geophysical testing needed to

6 assess whether site characterization should be under7 taken.

8 ‘‘(26) SPENT NUCLEAR FUEL.—The term ‘spent

9 nuclear fuel’ means fuel that has been withdrawn

10 from a nuclear reactor following irradiation, the con11 stituent elements of which have not been separated by

12 reprocessing.

13 ‘‘(27) STORAGE.—The term ‘storage’ means re14 tention of spent nuclear fuel or high-level radioactive

15 waste with the intent to recover such waste or fuel for

16 subsequent use, processing, or disposal.

17 ‘‘(28) WITHDRAWAL.—The term ‘withdrawal’ has

18 the same definition as that set forth in the Federal

19 Land Policy and Management Act (43 U.S.C. 1702

20 and following).

21 ‘‘(29) YUCCA MOUNTAIN SITE.—The term ‘Yucca

22 Mountain site’ means the area in the State of Nevada

23 that is withdrawn and reserved in accordance with

24 this Act for the location of a repository.
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1 ‘‘SEC. 3. FINDINGS AND PURPOSES.

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

3 ‘‘(1) while spent nuclear fuel can be safely stored

4 at reactor sites, the expeditious movement to and stor5 age of such spent nuclear fuel at a centralized Federal

6 facility will enhance the nation’s environmental pro7 tection;

8 ‘‘(2) while the Federal Government has the re9 sponsibility to provide for the centralized interim

10 storage and permanent disposal of spent nuclear fuel

11 and high-level radioactive waste to protect the public

12 health and safety and the environment, the costs of

13 such storage and disposal should be the responsibility

14 of the generators and owners of such waste and fuel,

15 including the Federal Government;

16 ‘‘(3) in the interests of protecting the public

17 health and safety, enhancing the nation’s environ18 mental protection, promoting the nation’s energy se19 curity, and ensuring the Secretary’s ability to com20 mence acceptance of spent nuclear fuel and high-level

21 radioactive waste no later than January 31, 1998, it

22 is necessary for Congress to authorize the interim

23 storage facility; and

24 ‘‘(4) deficit-control measures designed to limit

25 appropriation of general revenues have limited the
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1 availability of the Nuclear Waste Fund for its in2 tended purposes.

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

4 ‘‘(1) to direct the Secretary to develop an inte5 grated management system in accordance with this

6 Act so that the Department can accept spent nuclear

7 fuel or high-level radioactive waste for interim storage

8 commencing no later than January 31, 1998, and for

9 permanent disposal at a repository commencing no

10 later than January 17, 2010;

11 ‘‘(2) to provide for the siting, construction, and

12 operation of a repository for permanent geologic dis13 posal of spent nuclear fuel and high-level radioactive

14 waste in order to adequately protect the public and

15 the environment;

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

17 that the consumers of nuclear energy, who are fund18 ing the Secretary’s activities under this Act, receive

19 the services to which they are entitled and realize the

20 benefits of enhanced protection of public health and

21 safety, and the environment, that will ensue from the

22 Secretary’s compliance with the obligations imposed

23 by this Act; and

24 ‘‘(4) to provide a schedule and process for the ex25 peditious and safe development and commencement of
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1 operation of an integrated management system and

2 any necessary modifications to the transportation in3 frastructure to ensure that the Secretary can com4 mence acceptance of spent nuclear fuel and high-level

5 radioactive waste no later than January 31, 1998.

6 ‘‘TITLE I—OBLIGATIONS

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

8 ‘‘(a) DISPOSAL.—The Secretary shall develop and op9 erate a repository for the permanent geologic disposal of

10 spent nuclear fuel and high-level radioactive waste.

11 ‘‘(b) ACCEPTANCE.—The Secretary shall accept spent

12 nuclear fuel and high-level radioactive waste for storage at

13 the interim storage facility pursuant to section 204 in ac14 cordance with the acceptance schedule, beginning not later

15 than January 31, 1998.

16 ‘‘(c) TRANSPORTATION.—The Secretary shall provide

17 for the transportation of spent nuclear fuel and high-level

18 radioactive waste accepted by the Secretary.

19 ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.—The Sec20 retary shall expeditiously pursue the development of each

21 component of the integrated management system, and in

22 so doing shall seek to utilize effective private sector manage23 ment and contracting practices in accordance with title VII

24 of this Act.
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1 ‘‘TITLE II—INTEGRATED

2 MANAGEMENT SYSTEM

3 ‘‘SEC. 201. RAILROAD.

4 ‘‘(a) AUTHORIZATION.—The Secretary shall develop

5 and commence operation of a rail spur originating in Lin6 coln County, Nevada, and terminating at the interim stor7 age facility site. The Secretary shall acquire rights-of-way

8 within the corridor designated in subsection (b) as provided

9 in this section and shall construct and operate, or cause

10 to be constructed and operated, a railroad and such facili11 ties as are required to transport spent nuclear fuel and

12 high-level radioactive waste from existing rail systems to

13 the interim storage facility and the repository.

14 ‘‘(b) ROUTE DESIGNATION.—

15 ‘‘(1) RIGHTS-OF-WAY AND FACILITIES.—The Sec16 retary shall acquire such rights-of-way and develop

17 such facilities within the corridor (referred to as the

18 ‘Caliente Route’) depicted on the map dated July 28,

19 1995 and on file with the Secretary.

20 ‘‘(2) RECOMMENDATIONS.—The Secretary shall

21 consider specific alignment proposals for the Caliente

22 Route made by the State of Nevada and the units of

23 local government within whose jurisdiction passes

24 such route.
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1 ‘‘(3) NOTICE AND DESCRIPTION.—Within 6

2 months of the date of enactment of this Act, the Sec3 retary shall—

4 ‘‘(A) publish in the Federal Register a no5 tice containing a legal description of the cor6 ridor; and

7 ‘‘(B) file copies of the map referred to in

8 paragraph (1) and the legal description of the

9 corridor with the Congress, the Secretary of the

10 Interior, the Governor of Nevada, the Board of

11 Lincoln County Commissioners, the Board of

12 Nye County Commissioners, and the Archivist of

13 the United States.

14 ‘‘(4) CONSTRUCTION.—The map and legal de15 scription referred to in paragraph (2) shall have the

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

17 Act. The Secretary may correct clerical and typo18 graphical errors in the map and legal description and

19 make minor adjustments in the boundaries of the cor20 ridor.

21 ‘‘(c) WITHDRAWAL AND RESERVATION.—

22 ‘‘(1) PUBLIC LANDS.—Subject to valid existing

23 rights, the public lands depicted on such map are

24 withdrawn from all forms of entry, appropriation,

25 and disposal under the public land laws, including
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1 the mineral leasing laws, the geothermal laws, the

2 material sale laws, and the mining laws.

3 ‘‘(2) ADMINISTRATIVE JURISDICTION.—Adminis4 trative jurisdiction of such land is transferred from

5 the Secretary of the Interior to the Secretary.

6 ‘‘(3) RESERVATION.—Such lands are reserved for

7 the use of the Secretary for the construction and oper8 ation of such transportation facilities and associated

9 activities under this title.

10 ‘‘(4) MEMORANDUM OF UNDERSTANDING.—The

11 Secretary may also enter into a Memorandum of Un12 derstanding with the head of any other department

13 having administrative jurisdiction over other Federal

14 lands used for purposes of the corridor referred to in

15 this section.

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

17 ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI18 TIES.—The Secretary’s activities in connection with

19 the designation of a route and the acquisition of

20 rights-of-way under this section shall be considered

21 preliminary decisionmaking activities for purposes of

22 the National Environmental Policy Act of 1969. Such

23 activities 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 (42
18

•HR 1020 RH

1 U.S.C. 4332(2)(C)), or any environmental review

2 under subparagraph (E) or (F) of section 102(2) of

3 such Act, and shall not be delayed pending completion

4 of the environmental impact statement required under

5 paragraph (2).

6 ‘‘(2) TRANSPORTATION FACILITIES.—Construc7 tion and operation of transportation facilities within

8 the corridor shall constitute a major Federal action

9 significantly affecting the quality of the human envi10 ronment for purposes of the National Environmental

11 Policy Act of 1969. The Secretary shall prepare an

12 environmental impact statement on the construction

13 and operation of such facilities prior to commence14 ment of construction. In preparing such statement,

15 the Secretary shall adopt, to the extent practicable,

16 relevant environmental reports that have been devel17 oped by other Federal and State agencies.

18 ‘‘(3) CONSIDERATIONS.—For purposes of comply19 ing with the requirements of the National Environ20 mental Policy Act of 1969 and this section, the Sec21 retary need not consider the need for the development

22 or improvement of transportation facilities, the tim23 ing of the initial availability of the transportation fa24 cilities, alternative routes, or alternative means of

25 transportation.
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1 ‘‘(e) CONSTRUCTION.—Notwithstanding any State or

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

3 pendency of any judicial proceeding, the Secretary shall be

4 authorized to commence construction of transportation fa5 cilities upon compliance with the requirements of sub6 sections (a) through (d). No court shall have jurisdiction

7 to enjoin the construction of the transportation facilities au8 thorized by this section except upon its entry of a final

9 order that the construction is not in accord with the provi10 sions of applicable law.

11 ‘‘(f) EXEMPTION.—Neither the Secretary nor any per12 son constructing or operating railroad facilities under con13 tract with the Secretary under this section shall be consid14 ered a rail carrier within the meaning of section 10102(22)

15 of title 49, United States Code, and shall not be subject to

16 the jurisdiction of the Interstate Commerce Commission.

17 ‘‘(g) INTERMODAL TRANSFER.—

18 ‘‘(1) BEFORE ACCESS.—Until such time as direct

19 rail access is available to the interim storage facility

20 site, the Secretary shall utilize heavy-haul truck

21 transport to move spent nuclear fuel and high-level

22 radioactive waste from the mainline rail line at

23 Caliente, Nevada, to the interim storage facility site.

24 ‘‘(2) CAPABILITY DATE.—The Secretary shall de25 velop the capability to commence rail to truck inter-
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1 modal transfer at Caliente, Nevada, no later than

2 January 31, 1998.

3 ‘‘(3) ACQUISITIONS.—The Secretary shall acquire

4 lands and rights-of-way necessary to commence inter5 modal transfer at Caliente, Nevada.

6 ‘‘(4) REPLACEMENTS.—The Secretary shall ac7 quire and develop on behalf of, and dedicate to, the

8 City of Caliente, Nevada, parcels of land and rights9 of-way as required to facilitate replacement of land

10 and city wastewater disposal activities necessary to

11 commence intermodal transfer pursuant to this Act.

12 Replacement of land and city wastewater disposal ac13 tivities shall occur no later than January 31, 1998.

14 ‘‘(5) NOTICE AND MAP.—Within 6 months of the

15 date of enactment of this Act, the Secretary shall—

16 ‘‘(A) publish in the Federal Register a no17 tice containing a legal description of the sites

18 and rights-of-way to be acquired under this sub19 section; and

20 ‘‘(B) file copies of a map of such sites and

21 rights-of-way with the Congress, the Secretary of

22 the Interior, the State of Nevada, the Archivist

23 of the United States, the Board of Lincoln Coun24 ty Commissioners, the Board of Nye County

25 Commissioners, and the Caliente City Council.
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1 Such map and legal description shall have the same

2 force and effect as if they were included in this Act.

3 The Secretary may correct clerical and typographical

4 errors and legal descriptions and make minor adjust5 ments in the boundaries.

6 ‘‘(6) IMPROVEMENTS.—The Secretary shall make

7 improvements to existing roadways selected for heavy8 haul truck transport between Caliente, Nevada, and

9 the interim storage facility site as necessary to facili10 tate year-round safe transport of spent nuclear fuel

11 and high-level radioactive waste.

12 ‘‘(h) LOCAL GOVERNMENT INVOLVEMENT.—The Com13 mission shall enter into a Memorandum of Understanding

14 with the City of Caliente and Lincoln County, Nevada, to

15 provide advice to the Commission regarding intermodal

16 transfer and to facilitate on-site representation. Reasonable

17 expenses of such representation shall be paid by the Sec18 retary.

19 ‘‘SEC. 202. TRANSPORTATION PLANNING.

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

21 shall take those actions that are necessary and appropriate

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

23 fuel and high-level radioactive waste beginning not later

24 than January 31, 1998, and transport such fuel or waste

25 to mainline transportation facilities. As soon as is prac-
22

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1 ticable following the enactment of this Act, the Secretary

2 shall analyze each specific reactor facility in the order of

3 priority established in the acceptance schedule, and develop

4 a logistical plan to assure the Secretary’s ability to trans5 port spent nuclear fuel and high-level radioactive waste.

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

7 with the development of the logistical plan in accordance

8 with subsection (a), the Secretary shall update and modify,

9 as necessary, the Secretary’s transportation institutional

10 plans to ensure that institutional issues are addressed and

11 resolved on a schedule to support the commencement of

12 transportation of spent nuclear fuel and high-level radio13 active waste to the interim storage facility no later than

14 January 31, 1998. Among other things, such planning shall

15 provide a schedule and process for addressing and imple16 menting, as necessary, transportation routing plans, trans17 portation contracting plans, transportation training in ac18 cordance with section 203, and transportation tracking pro19 grams.

20 ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS.

21 ‘‘(a) PACKAGE CERTIFICATION.—No spent nuclear fuel

22 or high-level radioactive waste may be transported by or

23 for the Secretary under this Act except in packages that

24 have been certified for such purposes by the Commission.
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1 ‘‘(b) STATE NOTIFICATION.—The Secretary shall abide

2 by regulations of the Commission regarding advance notifi3 cation of State and local governments prior to transpor4 tation of spent nuclear fuel or high-level radioactive waste

5 under this Act.

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

7 provide technical assistance and funds to States, affected

8 units of local government, and Indian tribes through whose

9 jurisdiction the Secretary plans to transport substantial

10 amounts of spent nuclear fuel or high-level radioactive

11 waste for training for public safety officials of appropriate

12 units of local government. Training shall cover procedures

13 required for safe routine transportation of these materials,

14 as well as procedures for dealing with emergency response

15 situations. The Secretary’s duty to provide technical and

16 financial assistance under this subsection shall be limited

17 to amounts specified in annual appropriations.

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

19 providing for the transportation of spent nuclear fuel and

20 high level radioactive waste under this Act, shall utilize by

21 contract private industry to the fullest extent possible in

22 each aspect of such transportation. The Secretary shall use

23 direct Federal services for such transportation only upon

24 a determination by the Secretary of Transportation, in con25 sultation with the Secretary, that private industry is un-
24

•HR 1020 RH

1 able or unwilling to provide such transportation services

2 at a reasonable cost.

3 ‘‘(e) TRANSFER OF TITLE.—Acceptance by the Sec4 retary of any spent nuclear fuel or high-level radioactive

5 waste shall constitute a transfer of title to the Secretary.

6 ‘‘SEC. 204. INTERIM STORAGE.

7 ‘‘(a) AUTHORIZATION.—The Secretary shall design,

8 construct, and operate a facility for the interim storage of

9 spent nuclear fuel and high-level radioactive waste. The in10 terim storage facility shall be subject to licensing pursuant

11 to the Atomic Energy Act of 1954 in accordance with the

12 Commission’s regulations governing the licensing of inde13 pendent spent fuel storage installations and shall commence

14 operation in phases by January 31, 1998. The interim stor15 age facility shall be designed to store spent nuclear fuel from

16 civilian nuclear power reactors until the Secretary is able

17 to transfer the spent fuel to the repository.

18 ‘‘(b) DESIGN.—The design of the interim storage facil19 ity shall provide for the use of storage technologies licensed

20 or certified by the Commission for use at the interim storage

21 facility as necessary to ensure compatibility between the in22 terim storage facility and contract holders’ spent nuclear

23 fuel and facilities, and to facilitate the Secretary’s ability

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

25 ‘‘(c) LICENSING.—
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1 ‘‘(1) PHASES.—The interim storage facility shall

2 be licensed by the Commission in two phases in order

3 to commence operations no later than January 31,

4 1998.

5 ‘‘(2) FIRST PHASE.—No later than 12 months

6 after the date of enactment of the Nuclear Waste Pol7 icy Act of 1995, the Secretary shall submit to the

8 Commission an application for a license for the first

9 phase of the interim storage facility. The license is10 sued for the first phase of the interim storage facility

11 shall have a term of 20 years. The interim storage fa12 cility licensed in the first phase shall have a capacity

13 of not more than 10,000 MTU. The Commission shall

14 issue a final decision granting or denying the appli15 cation for the first phase license no later than 16

16 months from the date of the submittal of the applica17 tion for such license.

18 ‘‘(3) SECOND PHASE.—The Secretary shall sub19 mit to the Commission an application for a license

20 for the second phase interim storage facility. The li21 cense for the second phase facility shall authorize a

22 storage capacity of 40,000 MTU. The license for the

23 second phase shall have an initial term of up to 100

24 years, and shall be renewable for additional terms

25 upon application of the Secretary.
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1 ‘‘(d) ADDITIONAL AUTHORITY.—

2 ‘‘(1) CONSTRUCTION.—For the purpose of com3 plying with subsection (a), the Secretary may com4 mence site preparation for the interim storage facility

5 as soon as practicable after the date of enactment of

6 the Nuclear Waste Policy Act of 1995 and shall com7 mence construction of the first phase of the interim

8 storage facility subsequent to submittal of the license

9 application except that the Commission shall issue an

10 order suspending such construction at any time if the

11 Commission determines that such construction poses

12 an unreasonable risk to public health and safety or

13 the environment. The Commission shall terminate all

14 or part of such order upon a determination that the

15 Secretary has taken appropriate action to eliminate

16 such risk.

17 ‘‘(2) FACILITY USE.—Notwithstanding any oth18 erwise applicable licensing requirement, the Secretary

19 may utilize any facility owned by the Federal Gov20 ernment on the date of enactment of the Nuclear

21 Waste Policy Act of 1995 and within the boundaries

22 of the interim storage facility site, in connection with

23 an imminent and substantial endangerment to public

24 health and safety at the interim storage facility prior
27

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1 to commencement of operations during the second

2 phase.

3 ‘‘(3) ACCEPTANCE OF FUEL AND WASTE.—Once

4 the Secretary has achieved the spent nuclear fuel ac5 ceptance rate provided by the schedule for contracts

6 executed prior to the date of enactment of Nuclear

7 Waste Policy Act of 1995 under section 302(a) of the

8 Nuclear Waste Policy Act of 1982 the Secretary may

9 accept—

10 ‘‘(A) spent nuclear fuel or high-level radio11 active waste of domestic origin from civilian nu12 clear power reactors which have permanently

13 ceased operation; and

14 ‘‘(B) spent nuclear fuel from foreign re15 search reactors, as necessary to promote non16 proliferation objectives.

17 ‘‘(e) NATIONAL ENVIRONMENTAL POLICY ACT OF

18 1969.—

19 ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI20 TIES.—The Secretary’s activities under this section,

21 including the selection of a site for the interim storage

22 facility, the preparation and submittal of any license

23 application, and the construction and operation of

24 any facility shall be considered preliminary decision25 making activities for purposes of the National Envi-
28

•HR 1020 RH

1 ronmental Policy Act of 1969 (42 U.S.C. 4321 et

2 seq.). No such activity shall require the preparation

3 of an environmental impact statement under section

4 102(2)(C) of the National Environmental Policy Act

5 of 1969 (42 U.S.C. 4332(2)(C)) or require any envi6 ronmental review under subparagraph (E) or (F) of

7 such Act.

8 ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—

9 ‘‘(A) FINAL DECISION.—A final decision of

10 the Commission to grant or deny a license appli11 cation for the first or second phase of the interim

12 storage facility shall be accompanied by an En13 vironmental Impact Statement prepared under

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

15 Policy Act of 1969 (42 U.S.C. 4332(2)(C)). In

16 preparing such Environmental Impact State17 ment, the Commission—

18 ‘‘(i) shall assume that 40,000 MTU

19 will be stored at the facility; and

20 ‘‘(ii) shall analyze the impacts of the

21 transportation of spent nuclear fuel and

22 high-level radioactive waste to the interim

23 storage facility in a generic manner.

24 ‘‘(B) CONSIDERATIONS.—Such Environ25 mental Impact Statement shall not consider—
29

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1 ‘‘(i) the need for the interim storage fa2 cility, including any individual component

3 thereof;

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

5 of the interim storage facility;

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

7 spent nuclear fuel and high-level radioactive

8 waste at the interim storage facility;

9 ‘‘(iv) any alternatives to the site of the

10 facility as designated by the Secretary in

11 accordance with subsection (a);

12 ‘‘(v) any alternatives to the design cri13 teria for such facility or any individual

14 component thereof, as specified by the Sec15 retary in the license application; or

16 ‘‘(vi) the environmental impacts of the

17 storage of spent nuclear fuel and high-level

18 radioactive waste at the interim storage fa19 cility beyond the initial term of the license

20 or the term of the renewal period for which

21 a license renewal application is made.

22 ‘‘(f) JUDICIAL REVIEW.—Judicial review of the Com23 mission’s environmental impact statement under the Na24 tional Environmental Policy Act of 1969 (42 U.S.C. 4321

25 et seq.) shall be consolidated with judicial review of the
30

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1 Commission’s licensing decision. No court shall have juris2 diction to enjoin the construction or operation of the in3 terim storage facility prior to its final decision on review

4 of the Commission’s licensing action.

5 ‘‘(g) WASTE CONFIDENCE.—The Secretary’s obligation

6 to construct and operate the interim storage facility in ac7 cordance with this section and the Secretary’s obligation to

8 develop an integrated management system in accordance

9 with the provisions of this Act, shall provide sufficient and

10 independent grounds for any further findings by the Com11 mission of reasonable assurance that spent nuclear fuel and

12 high-level radioactive waste will be disposed of safely and

13 on a timely basis for purposes of the Commission’s decision

14 to grant or amend any license to operate any civilian nu15 clear power reactor under the Atomic Energy Act of 1954

16 (42 U.S.C. 2011 et seq.).

17 ‘‘(h) STORAGE OF DEFENSE MATERIAL.—

18 ‘‘(1) CRITERIA.—The Commission shall establish

19 criteria for the issuance of an amendment to the in20 terim storage facility license authorizing storage of

21 spent nuclear fuel or high-level radioactive waste from

22 atomic energy defense activities in the interim storage

23 facility. The Secretary shall seek a license amendment

24 to allow for the storage of spent nuclear fuel or high-
31

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1 level radioactive waste from atomic energy defense ac2 tivities at the interim storage facility.

3 ‘‘(2) ACCEPTANCE OF OTHER FUEL.—When the

4 Secretary has achieved the spent nuclear fuel accept5 ance rate provided by the schedule for contracts exe6 cuted under section 302(a) of the Nuclear Waste Pol7 icy Act of 1982 before the date of enactment of the

8 Nuclear Waste Policy Act of 1995, the Secretary may

9 accept spent nuclear fuel or high-level radioactive

10 waste resulting from atomic energy defense activities.

11 ‘‘(i) SAVINGS CLAUSE.—Nothing in this Act shall af12 fect the Commission’s procedures for the licensing of any

13 technology for the dry storage of spent nuclear fuel at the

14 site of any civilian nuclear power reactor as adopted by

15 the Commission under section 218 of the Nuclear Waste Pol16 icy Act of 1982, as in effect prior to the enactment of the

17 Nuclear Waste Policy Act of 1995. The establishment of such

18 procedures shall not preclude the licensing, under any ap19 plicable procedures or rules of the Commission in effect

20 prior to such establishment, of any technology for the stor21 age of civilian spent nuclear fuel at the site of any civilian

22 nuclear power reactor.

23 ‘‘SEC. 205. PERMANENT DISPOSAL.

24 ‘‘(a) SITE CHARACTERIZATION.—
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1 ‘‘(1) GUIDELINES.—The guidelines promulgated

2 by the Secretary and published at 10 CFR part 960

3 are annulled and revoked and the Secretary shall

4 make no assumptions or conclusions about the

5 licensability of the Yucca Mountain site as a reposi6 tory by reference to such guidelines.

7 ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.—The

8 Secretary shall carry out appropriate site character9 ization activities at the Yucca Mountain site in ac10 cordance with the Secretary’s program approach to

11 site characterization if the Secretary modifies or

12 eliminates those site characterization activities de13 signed to demonstrate the suitability of the site under

14 the guidelines referenced in paragraph (1).

15 ‘‘(3) DATE.—No later than December 31, 2001,

16 the Secretary shall apply to the Commission for au17 thorization to construct a repository that will com18 mence operations no later than January 17, 2010. If,

19 at any time prior to the filing of such application,

20 the Secretary determines that the Yucca Mountain

21 site cannot satisfy the Commission’s regulations ap22 plicable to the licensing of a geologic repository, the

23 Secretary shall terminate site characterization activi24 ties at the site, notify Congress and the State of Ne25 vada of the Secretary’s determination and the reasons
33

•HR 1020 RH

1 therefor, and recommend to Congress not later than 6

2 months after such determination further actions, in3 cluding the enactment of legislation, that may be

4 needed to manage the Nation’s spent nuclear fuel and

5 high-level radioactive waste.

6 ‘‘(4) MAXIMIZING CAPACITY.—In developing an

7 application for authorization to construct the reposi8 tory, the Secretary shall seek to maximize the capac9 ity of the repository.

10 ‘‘(b) LICENSING.—Within one year of the date of enact11 ment of the Nuclear Waste Policy Act of 1995, the Commis12 sion shall amend its regulations governing the disposal of

13 spent nuclear fuel and high-level radioactive waste in geo14 logic repositories to the extent necessary to comply with this

15 Act. Subject to subsection (c), such regulations shall provide

16 for the licensing of the repository according to the following

17 procedures:

18 ‘‘(1) CONSTRUCTION AUTHORIZATION.—The

19 Commission shall grant the Secretary a construction

20 authorization for the repository upon determining

21 that there is reasonable assurance that spent nuclear

22 fuel and high-level radioactive waste can be disposed

23 of in the repository—
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1 ‘‘(A) in conformity with the Secretary’s ap2 plication, the provisions of this Act, and the reg3 ulations of the Commission;

4 ‘‘(B) without unreasonable risk to the health

5 and safety of the public; and

6 ‘‘(C) consistent with the common defense

7 and security.

8 ‘‘(2) LICENSE.—Following substantial comple9 tion of construction and the filing of any additional

10 information needed to complete the license applica11 tion, the Commission shall issue a license to dispose

12 of spent nuclear fuel and high-level radioactive waste

13 in the repository if the Commission determines that

14 the repository has been constructed and will operate—

15 ‘‘(A) in conformity with the Secretary’s ap16 plication, the provisions of this Act, and the reg17 ulations of the Commission;

18 ‘‘(B) without unreasonable risk to the health

19 and safety of the public; and

20 ‘‘(C) consistent with the common defense

21 and security.

22 ‘‘(3) CLOSURE.—After emplacing spent nuclear

23 fuel and high-level radioactive waste in the repository

24 and collecting sufficient confirmatory data on reposi25 tory performance to reasonably confirm the basis for
35

•HR 1020 RH

1 repository closure consistent with the Commission’s

2 regulations applicable to the licensing of a repository,

3 as modified in accordance with this Act, the Secretary

4 shall apply to the Commission to amend the license

5 to permit permanent closure of the repository. The

6 Commission shall grant such license amendment upon

7 finding that there is reasonable assurance that the re8 pository can be permanently closed—

9 ‘‘(A) in conformity with the Secretary’s ap10 plication to amend the license, the provisions of

11 this Act, and the regulations of the Commission;

12 ‘‘(B) without unreasonable risk to the health

13 and safety of the public; and

14 ‘‘(C) consistent with the common defense

15 and security.

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

17 those actions necessary and appropriate at the Yucca

18 Mountain site to prevent any activity at the site sub19 sequent to repository closure that poses an unreason20 able risk of—

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

22 or geologic barriers: or

23 ‘‘(B) increasing the exposure of individual

24 members of the public to radiation beyond the re25 lease standard established in subsection (d)(1).
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1 ‘‘(c) MODIFICATION OF REPOSITORY LICENSING PRO2 CEDURE.—The Commission’s regulations shall provide for

3 the modification of the repository licensing procedure, as

4 appropriate, in the event that the Secretary seeks a license

5 to permit the emplacement in the repository, on a retriev6 able basis, of only that quantity of spent nuclear fuel or

7 high-level radioactive waste that is necessary to provide the

8 Secretary with sufficient confirmatory data on repository

9 performance to reasonably confirm the basis for repository

10 closure consistent with applicable regulations.

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

12 other provision of law, the Administrator of the Environ13 mental Protection Agency shall not promulgate, by rule or

14 otherwise, standards for protection of the public from re15 leases of radioactive materials or radioactivity from the re16 pository and any such standards existing on the date of

17 enactment of the Nuclear Waste Policy Act of 1995 shall

18 not be incorporated in the Commission’s licensing regula19 tions. The Commission’s repository licensing determina20 tions for the protection of the public shall be based solely

21 on a finding whether the repository can be operated in con22 formance with the overall system performance standard es23 tablished in paragraph (1)(A) and applied in accordance

24 with the provisions of paragraph (1)(B). The Commission
37

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1 shall amend its regulations in accordance with subsection

2 (b) to incorporate each of the following licensing standards:

3 ‘‘(1) RELEASE STANDARD.—

4 ‘‘(A) ESTABLISHMENT OF OVERALL SYSTEM

5 PERFORMANCE STANDARD.—The standard for

6 protection of the public from release of radio7 active material or radioactivity from the reposi8 tory shall prohibit releases that would expose an

9 average member of the general population in the

10 vicinity of the Yucca Mountain site to an annual

11 dose in excess of 100 millirems unless the Com12 mission determines by rule that such standard

13 would constitute an unreasonable risk to health

14 and safety and establishes by rule another stand15 ard which will protect health and safety. Such

16 standard shall constitute an overall system per17 formance standard.

18 ‘‘(B) APPLICATION OF OVERALL SYSTEM

19 PERFORMANCE STANDARD.—The Commission

20 shall issue the license if it finds reasonable assur21 ance that—

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

23 the commencement of repository operations,

24 the overall system performance standard

25 will be met based on a deterministic or
38

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1 probabilistic evaluation of the overall per2 formance of the disposal system; and

3 ‘‘(ii) for the period commencing after

4 the first 1,000 years of operation of the re5 pository and terminating at 10,000 years

6 after the commencement of operation of the

7 repository, there is likely to be compliance

8 with the overall system performance stand9 ard based on regulatory insight gained

10 through the use of a probabilistic integrated

11 performance model that uses best estimate

12 assumptions, data, and methods.

13 ‘‘(2) HUMAN INTRUSION.—The Commission shall

14 assume that, following repository closure, the inclu15 sion of engineered barriers and the Secretary’s post16 closure actions at the Yucca Mountain site, in accord17 ance with subsection (b)(3), shall be sufficient to—

18 ‘‘(A) prevent any human activity at the site

19 that poses an unreasonable risk of breaching the

20 repository’s engineered or geologic barriers; and

21 ‘‘(B) prevent any increase in the exposure of

22 individual members of the public to radiation

23 beyond allowable limits as specified in para24 graph (1).

25 ‘‘(e) NATIONAL ENVIRONMENTAL POLICY ACT.—
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1 ‘‘(1) SUBMISSION OF STATEMENT.—Construction

2 and operation of the repository shall be considered a

3 major Federal action significantly affecting the qual4 ity of the human environment for purposes of the Na5 tional Environmental Policy Act of 1969 (42 U.S.C.

6 4321 et seq.). The Secretary shall submit an environ7 mental impact statement on the construction and op8 eration of the repository to the Commission with the

9 application for construction authorization.

10 ‘‘(2) CONSIDERATIONS.—For purposes of comply11 ing with the requirements of the National Environ12 mental Policy Act of 1969 and this section, the Sec13 retary shall not consider in the environmental impact

14 statement the need for the repository, alternative sites

15 or designs for the repository, the time of the initial

16 availability of the repository, or any alternatives to

17 the isolation of spent nuclear fuel and high-level ra18 dioactive waste in a repository.

19 ‘‘(3) ADOPTION BY COMMISSION.—The Sec20 retary’s environmental impact statement and any

21 supplements thereto shall, to the extent practicable, be

22 adopted by the Commission in connection with the is23 suance by the Commission of a construction author24 ization under subsection (b)(1), a license under sub25 section (b)(2), or a license amendment under sub-
40

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1 section (b)(3). To the extent such statement or supple2 ment is adopted by the Commission, such adoption

3 shall be deemed to also satisfy the responsibilities of

4 the Commission under the National Environmental

5 Policy Act of 1969, and no further consideration shall

6 be required, except that nothing in this subsection

7 shall affect any independent responsibilities of the

8 Commission to protect the public health and safety

9 under the Atomic Energy Act of 1954. In any such

10 statement prepared with respect to the repository, the

11 Commission shall not consider the need for a reposi12 tory, the time of initial availability of the repository,

13 alternate sites to the Yucca Mountain site, or

14 nongeologic alternatives to such site.

15 ‘‘(f) JUDICIAL REVIEW.—No court shall have jurisdic16 tion to enjoin issuance of the Commission repository licens17 ing regulations prior to its final decision on review of such

18 regulations.

19 ‘‘SEC. 206. LAND WITHDRAWAL.

20 ‘‘(a) WITHDRAWAL AND RESERVATION.—

21 ‘‘(1) WITHDRAWAL.—Subject to valid existing

22 rights, the interim storage facility site and the Yucca

23 Mountain site, as described in subsection (b), are

24 withdrawn from all forms of entry, appropriation,

25 and disposal under the public land laws, including
41

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1 the mineral leasing laws, the geothermal leasing laws,

2 the material sale laws, and the mining laws.

3 ‘‘(2) JURISDICTION.—Jurisdiction of any land

4 within the interim storage facility site and the Yucca

5 Mountain site managed by the Secretary of the Inte6 rior or any other Federal officer is transferred to the

7 Secretary.

8 ‘‘(3) RESERVATION.—The interim storage facil9 ity site and the Yucca Mountain site are reserved for

10 the use of the Secretary for the construction and oper11 ation, respectively, of the interim storage facility and

12 the repository and activities associated with the pur13 poses of this title.

14 ‘‘(b) LAND DESCRIPTION.—

15 ‘‘(1) BOUNDARIES.—The boundaries depicted on

16 the map entitled ‘Interim Storage Facility Site With17 drawal Map,’ dated July 28, 1995, and on file with

18 the Secretary, are established as the boundaries of the

19 Interim Storage Facility site.

20 ‘‘(2) BOUNDARIES.—The boundaries depicted on

21 the map entitled ‘Yucca Mountain Site Withdrawal

22 Map,’ dated July 28, 1995, and on file with the Sec23 retary, are established as the boundaries of the Yucca

24 Mountain site.
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1 ‘‘(3) NOTICE AND MAPS.—Within 6 months of

2 the date of enactment of the Nuclear Waste Policy Act

3 of 1995, the Secretary shall—

4 ‘‘(A) publish in the Federal Register a no5 tice containing a legal description of the interim

6 storage facility site; and

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

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

9 interim storage facility site with the Congress,

10 the Secretary of the Interior, the Governor of Ne11 vada, and the Archivist of the United States.

12 ‘‘(4) NOTICE AND MAPS.—Concurrent with the

13 Secretary’s application to the Commission for author14 ity to construct the repository, the Secretary shall—

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

17 Mountain site; and

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

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

20 Yucca Mountain site with the Congress, the Sec21 retary of the Interior, the Governor of Nevada,

22 and the Archivist of the United States.

23 ‘‘(5) CONSTRUCTION.—The maps and legal de24 scriptions of the interim storage facility site and the

25 Yucca Mountain site referred to in this subsection
43

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1 shall have the same force and effect as if they were

2 included in this Act. The Secretary may correct cleri3 cal and typographical errors in the maps and legal

4 descriptions and make minor adjustments in the

5 boundaries of the sites.

6 ‘‘SEC. 207. PRIVATE STORAGE FACILITIES.

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

8 or more private entities for a license for an independent

9 spent fuel storage installation not located at the site of a

10 civilian nuclear power reactor, the Commission shall review

11 such license applications and issue a license for one or more

12 such facilities at the earliest practicable date, to the extent

13 permitted by the applicable provisions of law and regula14 tion.

15 ‘‘(b) SECRETARY’S ACTIONS.—The Secretary shall en16 courage efforts to develop private facilities for the storage

17 of spent nuclear fuel by providing any requested informa18 tion and assistance, as appropriate, to the developers of

19 such facilities and to state and local governments and In20 dian Tribes within whose jurisdictions such facilities may

21 be located, and shall cooperate with the developers of such

22 facilities to facilitate compatibility between such facilities

23 and the integrated management system.

24 ‘‘(c) OBLIGATION.—The Secretary shall satisfy the Sec25 retary’s obligations under this Act notwithstanding the de-
44

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1 velopment of private facilities for the storage of spent nu2 clear fuel or high-level radioactive waste.

3 ‘‘TITLE III—STATE AND LOCAL

4 RELATIONS

5 ‘‘SEC. 301. FINANCIAL ASSISTANCE.

6 ‘‘(a) PAYMENTS.—The Secretary shall make payments

7 to the State of Nevada and any affected unit of local govern8 ment for purposes of enabling such State or affected unit

9 of local government—

10 ‘‘(1) to review activities taken with respect to the

11 Yucca Mountain site for purposes of determining any

12 potential economic, social, public health and safety,

13 and environmental impacts of the integrated manage14 ment system on such State, or affected unit of local

15 government and its residents;

16 ‘‘(2) to develop a request for impact assistance

17 under subsection (c);

18 ‘‘(3) to engage in any monitoring, testing, or

19 evaluation activities with regard to such site;

20 ‘‘(4) to provide information to Nevada residents

21 regarding any activities of such State, the Secretary,

22 or the Commission with respect to such site; and

23 ‘‘(5) to request information from, and make com24 ments and recommendations to, the Secretary regard25 ing any activities taken with respect to such site.
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1 ‘‘(b) SALARY AND TRAVEL EXPENSES.—Any salary or

2 travel expense that would ordinarily be incurred by the

3 State of Nevada or any affected unit of local government

4 may not be considered eligible for funding under this sec5 tion.

6 ‘‘(c) FINANCIAL AND TECHNICAL ASSISTANCE.—

7 ‘‘(1) ASSISTANCE REQUESTS.—The Secretary

8 shall offer to provide financial and technical assist9 ance to the State of Nevada, and any affected unit of

10 local government requesting such assistance. Such as11 sistance shall be designed to mitigate the impact on

12 such State or affected unit of local government of the

13 development of the integrated management system.

14 ‘‘(2) REPORT.—The State of Nevada and any af15 fected unit of local government may request assistance

16 under this section by preparing and submitting to the

17 Secretary a report on the economic, social, public

18 health and safety, and environmental impacts that

19 are likely to result from activities of the integrated

20 management system.

21 ‘‘(d) OTHER ASSISTANCE.—

22 ‘‘(1) TAXABLE AMOUNTS.—In addition to finan23 cial assistance provided under this subsection, the

24 Secretary shall grant to the State of Nevada and any

25 affected unit of local government an amount each fis-
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1 cal year equal to the amount such State or affected

2 unit of local government, respectively, would receive if

3 authorized to tax integrated management system ac4 tivities, as such State or affected unit of local govern5 ment taxes the non-Federal real property and indus6 trial activities occurring within such State or affected

7 unit of local government.

8 ‘‘(2) TERMINATION.—Such assistance shall con9 tinue until such time as all such activities, develop10 ment, and operations are terminated at the Yucca

11 Mountain site.

12 ‘‘(3) ASSISTANCE TO NEVADA AND UNITS OF

13 LOCAL GOVERNMENT.—

14 ‘‘(A) PERIOD.—The State of Nevada or any

15 affected unit of local government may not receive

16 any grant under paragraph (1) after the expira17 tion of the 1-year period following the date on

18 which the Secretary notifies the Governor and

19 legislature of the State of Nevada of the termi20 nation of the operation of the integrated manage21 ment system.

22 ‘‘(B) ACTIVITIES.—The State of Nevada or

23 any affected unit of local government may not

24 receive any further assistance under this section

25 if the integrated management system activities
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1 at such site are terminated by the Secretary or

2 if such activities are permanently enjoined by

3 any court.

4 ‘‘SEC. 302. STATE CONSULTATION.

5 ‘‘(a) PROVISION OF INFORMATION.—

6 ‘‘(1) TIMELY AND COMPLETE INFORMATION.—

7 The Secretary, the Commission, and other agencies

8 involved in the construction, operation, or regulation

9 of any aspect of the integrated management system in

10 the State of Nevada shall provide to the Governor and

11 legislature of the State of Nevada timely and complete

12 information regarding determinations or plans made

13 with respect to the site characterization siting, devel14 opment, design, licensing, construction, operation,

15 regulation, or decommissioning of facilities associated

16 with the integrated management system.

17 ‘‘(2) WRITTEN RESPONSE.—Upon written re18 quest for such information by the Governor or legisla19 ture of the State of Nevada, the Secretary shall pro20 vide a written response to such request within 30

21 days of the receipt of such request. Such response shall

22 provide the information requested or, in the alter23 native, the reasons why the information cannot be so

24 provided. If the Secretary fails to so respond within

25 such 30 days, the Governor or legislature may trans-
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1 mit a formal written objection to such failure to re2 spond to the President. If the President or Secretary

3 fails to respond to such written request within 30

4 days of the receipt by the President of such formal

5 written objection, the Secretary shall immediately

6 suspend all activities in the State of Nevada author7 ized by this Act, and shall not renew such activities

8 until the Governor or legislature has received the

9 written response to such written request required by

10 this subsection.

11 ‘‘(b) CONSULTATION AND COOPERATION.—The Sec12 retary shall consult and cooperate with the Governor and

13 legislature of the State of Nevada and with the Board of

14 Nye County Commissioners in an effort to resolve concerns

15 regarding the public health and safety, environmental, and

16 economic impacts of any activities authorized by this Act.

17 In carrying out the Secretary’s duties under this Act, the

18 Secretary shall take such concerns into account to the maxi19 mum extent feasible and as specified in written agreements

20 entered into under this section.

21 ‘‘(c) CONTINUATION.—Written agreements established

22 under section 117(c) of the Nuclear Waste Policy Act of

23 1982 as constituted prior to the date of enactment of the

24 Nuclear Waste Policy Act of 1995, shall continue in effect
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1 subsequent to the date of enactment of the Nuclear Waste

2 Policy Act of 1995.

3 ‘‘(d) ON-SITE REPRESENTATIVE.—The Secretary shall

4 offer to the State of Nevada and Nye County, Nevada, an

5 opportunity to designate a representative to conduct on-site

6 oversight activities at such site. Reasonable expenses of such

7 representatives shall be paid by the Secretary.

8 ‘‘SEC. 303. BENEFITS AGREEMENTS.

9 ‘‘(a) IN GENERAL.—

10 ‘‘(1) SEPARATE AGREEMENTS.—The Secretary

11 shall offer to enter into separate agreements with the

12 State of Nevada, Nye County, Nevada, and Lincoln

13 County, Nevada, concerning the integrated manage14 ment system.

15 ‘‘(2) AGREEMENT WITH NEVADA.—Any agree16 ment with the State of Nevada under this section

17 shall be negotiated in consultation with any affected

18 units of local government in the State.

19 ‘‘(3) AGREEMENT CONTENT.—Any agreement

20 shall contain such terms and conditions, including

21 such financial and institutional arrangements, as the

22 Secretary and agreement entity determine to be rea23 sonable and appropriate and shall contain such pro24 visions as are necessary to preserve any right to par25 ticipation or compensation of the State of Nevada or
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1 affected units of local government, Nye County, Ne2 vada, and Lincoln County, Nevada.

3 ‘‘(b) AMENDMENT.—An agreement entered into under

4 subsection (a) may be amended only with the mutual con5 sent of the parties to the amendment and terminated only

6 in accordance with subsection (c).

7 ‘‘(c) TERMINATION.—The Secretary shall terminate an

8 agreement under subsection (a) if any element of the inte9 grated management system may not be completed.

10 ‘‘(d) LIMITATION.—Only 1 agreement each for the

11 State of Nevada, Nye County, Nevada, and Lincoln County,

12 Nevada, may be in effect at any one time.

13 ‘‘(e) JUDICIAL REVIEW.—Decisions of the Secretary

14 under this section are not subject to judicial review.

15 ‘‘SEC. 304. CONTENT OF AGREEMENTS.

16 ‘‘(a) IN GENERAL.—

17 ‘‘(1) SCHEDULE.—In addition to the benefits to

18 which the State of Nevada or affected units of local

19 government are entitled under this title, the Secretary

20 shall make payments to the party of a benefits agree21 ment in accordance with the following schedule:

‘‘BENEFITS SCHEDULE

[Amounts in millions]

Event State County

(A) Annual payments prior to first receipt of fuel . $5 $2.5

(B) Upon first spent fuel receipt .............................. $10 $5

(C) Annual payments after first spent fuel receipt

until closure of facility .......................................... $10 $5
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1 ‘‘(2) DEFINITIONS.—For purposes of this section,

2 the term—

3 ‘‘(A) ‘spent fuel’ means high-level radio4 active waste or spent nuclear fuel; and

5 ‘‘(B) ‘first spent fuel receipt’ does not in6 clude receipt of spent fuel or high-level radio7 active waste for purposes of testing or oper8 ational demonstration.

9 ‘‘(3) ANNUAL PAYMENTS.—Annual payments

10 prior to first spent fuel receipt under paragraph

11 (1)(A) shall be made on the date of execution of the

12 benefits agreement and thereafter on the anniversary

13 date of such execution. Annual payments after the

14 first spent fuel receipt until closure of the facility

15 under paragraph (1)(C) shall be made on the anni16 versary date of such first spent fuel receipt.

17 ‘‘(4) REDUCTION.—If the first spent fuel pay18 ment under paragraph (1)(B) is made within 6

19 months after the last annual payment prior to the re20 ceipt of spent fuel under paragraph (1)(A), such first

21 spent fuel payment under paragraph (1)(B) shall be

reduced by an amount equal to 1 22 ⁄12 of such annual

23 payment under paragraph (1)(A) for each full month

24 less than 6 that has not elapsed since the last annual

25 payment under paragraph (1)(A).
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1 ‘‘(5) LINCOLN COUNTY.—At the conclusion of the

2 15-year period after the Secretary’s first payment to

3 Lincoln County, Nevada, under the benefits schedule

4 in paragraph (1), the payment of funds to such coun5 ty shall terminate. Such funding as would have been

6 allocated to Lincoln County shall be incorporated into

7 the payment to the State of Nevada under the benefits

8 schedule. Any benefits agreement with the State of Ne9 vada shall be modified to reflect the requirements of

10 paragraph (7).

11 ‘‘(6) RESTRICTION.—Except as provided in

12 paragraph (7), the Secretary may not restrict the

13 purposes for which the payments under this section

14 may be used.

15 ‘‘(7) TRANSFERS.—

16 ‘‘(A) UNITS OF LOCAL GOVERNMENT.—Any

17 State receiving a payment under this section

18 shall transfer an amount equal to not less than

1 19 ⁄3 of the amount of such payment to affected

20 units of local government of such State.

21 ‘‘(B) PLAN.—A plan for this transfer and

22 appropriate allocation of such portion among

23 such governments shall be included in the bene24 fits agreement under section 303 covering such

25 payments.
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1 ‘‘(C) DISPUTE.—In the event of a dispute

2 concerning such plan or transfer, the Secretary

3 shall resolve such dispute, consistent with this

4 Act and applicable State law.

5 ‘‘(b) CONTENTS.—A benefits agreement under section

6 303 shall provide that—

7 ‘‘(1) the parties to the agreement shall share with

8 one another information relevant to the licensing

9 process for the interim storage facility or repository,

10 as it becomes available;

11 ‘‘(2) the State or affected unit of local govern12 ment that is party to such agreement may comment

13 on the development of the integrated management sys14 tem and on documents required under law or regula15 tions governing the effects of the system on the public

16 health and safety; and

17 ‘‘(3) the State or affected unit of local govern18 ment may waive its rights, if any, to impact assist19 ance under sections 301(a) and 301(c).

20 ‘‘(c) CONSTRUCTION.—The signature of the Secretary

21 on a valid benefits agreement under section 303 shall con22 stitute a commitment by the United States to make pay23 ments in accordance with such agreement.
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1 ‘‘SEC. 305. REVIEW PANEL.

2 ‘‘(a) IN GENERAL.—There shall be established a Re3 view Panel consisting of 7 members as follows:

4 ‘‘(1) 1 member selected by the Governor of the

5 State of Nevada.

6 ‘‘(2) 2 members selected by affected units of local

7 government.

8 ‘‘(3) 1 member selected by the Board of Nye

9 County Commissioners.

10 ‘‘(4) 1 member selected by the Board of Lincoln

11 County Commissioners.

12 ‘‘(5) 1 member to represent persons paying fees

13 under section 401, to be selected by the Secretary.

14 ‘‘(6) 1 member to represent other public interests,

15 to be selected by the Secretary.

16 ‘‘(b) CHAIRMAN.—The chairman of the Review Panel

17 shall be selected by the Review Panel from its members.

18 ‘‘(c) TERMS.—

19 ‘‘(1) MEMBERS.—The members of the Review

20 Panel shall serve for terms of 4 years each.

21 ‘‘(2) PER DIEM.—Members of the Review Panel

22 who are not full-time employees of the Federal Gov23 ernment, shall receive a per diem compensation for

24 each day spent conducting work of the Review Panel,

25 including their necessary travel or other expenses

26 while engaged in the work of the Review Panel.
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1 ‘‘(3) EXPENSES.—Expenses of the Panel shall be

2 paid by the Secretary.

3 ‘‘(d) DUTIES.—The Review Panel shall—

4 ‘‘(1) advise the Secretary on matters relating to

5 the integrated management system including issues

6 relating to design, construction, operation, and de7 commissioning of the system;

8 ‘‘(2) evaluate performance of the integrated man9 agement system as it considers appropriate;

10 ‘‘(3) recommend corrective actions to the Sec11 retary;

12 ‘‘(4) assist in the presentation of State and local

13 perspectives to the Secretary; and

14 ‘‘(5) participate in the planning for and the re15 view of preoperational data on environmental, demo16 graphic, and socioeconomic conditions of the site and

17 the local community.

18 ‘‘(e) INFORMATION.—The Secretary shall make avail19 able promptly any information in the Secretary’s posses20 sion requested by the Panel or its Chairman.

21 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The re22 quirements of the Federal Advisory Committee Act shall not

23 apply to a Review Panel established under this title.
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1 ‘‘SEC. 306. CONSIDERATION IN SITING FACILITIES.

2 ‘‘The Secretary, in siting Federal research projects,

3 shall give special consideration to proposals from the State

4 of Nevada.

5 ‘‘SEC. 307. ACCEPTANCE OF BENEFITS.

6 ‘‘(a) CONSENT.—The acceptance or use of any of the

7 benefits provided under this title, by the State of Nevada

8 or any affected unit of local government thereof, shall not

9 be deemed to be an expression of consent, express, or denied,

10 either under the Constitution of the State or any law there11 of, to the siting of the interim storage facility or repository

12 in the State of Nevada, any provision of such Constitution

13 or laws to the contrary notwithstanding.

14 ‘‘(b) ARGUMENTS.—Neither the United States nor any

15 other entity may assert any argument based on legal or eq16 uitable estoppel, or acquiescence, or waiver, or consensual

17 involvement, in response to any decision by the State, to

18 oppose the siting in Nevada of the interim storage facility

19 or repository premised upon or related to the acceptance

20 or use of benefits under this title.

21 ‘‘(c) LIABILITY.—No liability of any nature shall ac22 crue to be asserted against the State of Nevada, its Gov23 ernor, any official thereof, or any official of any govern24 mental unit thereof, premised solely upon the acceptance

25 or use of benefits under this title.
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1 ‘‘SEC. 308. RESTRICTION ON USE OF FUNDS.

2 ‘‘None of the funding provided under this title may

3 be used—

4 ‘‘(1) directly or indirectly to influence legislative

5 action on any matter pending before Congress or a

6 State legislature or for any lobbying activity as pro7 vided in section 1913 of title 18, United States Code;

8 ‘‘(2) for litigation purposes; and

9 ‘‘(3) to support multistate efforts or other coali10 tion-building activities inconsistent with the purposes

11 of this Act.

12 ‘‘TITLE IV—FUNDING AND

13 ORGANIZATION

14 ‘‘SEC. 401. PROGRAM FUNDING.

15 ‘‘(a) CONTRACTS.—

16 ‘‘(1) AUTHORITY OF SECRETARY.—In the per17 formance of the Secretary’s functions under this Act,

18 the Secretary is authorized to enter into contracts

19 with any person who generates or holds title to spent

20 nuclear fuel or high-level radioactive waste of domes21 tic origin for the acceptance of title and possession,

22 transportation, interim storage, and disposal of such

23 waste or spent fuel. Such contracts shall provide for

24 the payment of annual fees pursuant to paragraphs

25 (2) and (3). Fees assessed pursuant to this paragraph

26 shall be paid to the Treasury of the United States and
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1 shall be available for use by the Secretary pursuant

2 to this section until expended.

3 ‘‘(2) ANNUAL FEES.—

4 ‘‘(A) ELECTRICITY.—For electricity gen5 erated by civilian nuclear power reactors and

6 sold on or after the date of enactment of the Nu7 clear Waste Policy Act of 1995, the aggregate

8 amount of the fees collected during each fiscal

9 year shall be no greater than the annual level of

10 appropriations for expenditures on those activi11 ties consistent with subsection (d) for that fiscal

12 year, minus—

13 ‘‘(i) any unobligated balance collected

14 pursuant to this section during the previous

15 fiscal year; and

16 ‘‘(ii) the percentage of such appropria17 tions required to be funded by the Federal

18 Government pursuant to section 403.

19 The Secretary shall determine the level of the an20 nual fee for each civilian nuclear power reactor

21 based on the amount of electricity generated and

22 sold, except that for the period commencing with

23 fiscal year 1997 and continuing through fiscal

24 year 2010, the average annual fee collected under

25 this subparagraph shall not exceed 1.0 mill per
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1 kilowatt-hour generated and sold and for the pe2 riod commencing after fiscal year 2010, the an3 nual fee collected under this subparagraph shall

4 not exceed 1.0 mill per kilowatt hour generated

5 and sold. Fees assessed pursuant to this subpara6 graph shall be paid to the Treasury of the Unit7 ed States and shall be available for use by the

8 Secretary pursuant to this section until ex9 pended.

10 ‘‘(B) EXPENDITURES IF SHORTFALL.—If,

11 during any fiscal year, the aggregate amount of

12 fees assessed pursuant to subparagraph (A) is

13 less than the annual level of appropriations for

14 expenditures on those activities specified in sub15 section (d) for that fiscal year, minus—

16 ‘‘(i) any unobligated balance collected

17 pursuant to this section during the previous

18 fiscal year; and

19 ‘‘(ii) the percentage of such appropria20 tions required to be funded by the Federal

21 Government pursuant to section 403,

22 the Secretary may make expenditures from the

23 Nuclear Waste Fund up to the level of the fees

24 assessed.
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1 ‘‘(C) RULES.—The Secretary shall, by rule,

2 establish procedures necessary to implement this

3 paragraph.

4 ‘‘(3) ONE-TIME FEE.—The one-time fee collected

5 under contracts executed under section 302(a) of the

6 Nuclear Waste Policy Act of 1982 before the date of

7 enactment of the Nuclear Waste Policy Act of 1995 on

8 spent nuclear fuel, or high-level radioactive waste de9 rived from spent nuclear fuel, which fuel was used to

10 generate electricity in a civilian nuclear power reac11 tor before April 7, 1983, shall be paid to the Treas12 ury. In paying such a fee, the person delivering such

13 spent nuclear fuel or high-level radioactive wastes de14 rived therefrom, to the Secretary shall have no further

15 financial obligation to the Federal Government for the

16 long-term storage and permanent disposal of such

17 spent nuclear fuel or high-level radioactive waste.

18 ‘‘(b) ADVANCE CONTRACTING REQUIREMENT.—

19 ‘‘(1) IN GENERAL.—

20 ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—

21 The Commission shall not issue or renew a li22 cense to any person to use a utilization or pro23 duction facility under the authority of section

24 103 or 104 of the Atomic Energy Act of 1954 (42

25 U.S.C. 2133, 2134) unless—
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1 ‘‘(i) such person has entered into a

2 contract under subsection (a) with the Sec3 retary; or

4 ‘‘(ii) the Secretary affirms in writing

5 that such person is actively and in good

6 faith negotiating with the Secretary for a

7 contract under this section.

8 ‘‘(B) PRECONDITION.—The Commission, as

9 it deems necessary or appropriate, may require

10 as a precondition to the issuance or renewal of

11 a license under section 103 or 104 of the Atomic

12 Energy Act of 1954 (42 U.S.C. 2133, 2134) that

13 the applicant for such license shall have entered

14 into an agreement with the Secretary for the dis15 posal of spent nuclear fuel and high-level radio16 active waste that may result from the use of such

17 license.

18 ‘‘(2) DISPOSAL IN REPOSITORY.—Except as pro19 vided in paragraph (1), no spent nuclear fuel or high20 level radioactive waste generated or owned by any

21 person (other than a department of the United States

22 referred to in section 101 or 102 of title 5, United

23 States Code) may be disposed of by the Secretary in

24 the repository unless the generator or owner of such

25 spent fuel or waste has entered into a contract under
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1 subsection (a) with the Secretary by not later than

2 the date on which such generator or owner commences

3 generation of, or takes title to, such spent fuel or

4 waste.

5 ‘‘(3) ASSIGNMENT.—The rights and duties of a

6 party to a contract entered into under this section

7 may be assignable with transfer of title to the spent

8 nuclear fuel or high-level radioactive waste involved.

9 ‘‘(4) DISPOSAL CONDITION.—No spent nuclear

10 fuel or high-level radioactive waste generated or

11 owned by any department of the United States re12 ferred to in section 101 or 102 of title 5, United

13 States Code, may be stored or disposed of by the Sec14 retary at the interim storage facility or repository in

15 the integrated management system developed under

16 this Act unless, each fiscal year, such department

17 funds its appropriate portion of the costs of such stor18 age and disposal as specified in section 403.

19 ‘‘(c) NUCLEAR WASTE FUND.—

20 ‘‘(1) IN GENERAL.—The Nuclear Waste Fund es21 tablished in the Treasury of the United States under

22 section 302(c) of the Nuclear Waste Policy Act of 1982

23 shall continue in effect under this Act and shall con24 sist of—
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1 ‘‘(A) all receipts, proceeds, and recoveries

2 realized by the Secretary before the date of enact3 ment of the Nuclear Waste Policy Act of 1995;

4 and

5 ‘‘(B) any appropriations made by the Con6 gress before the date of enactment of the Nuclear

7 Waste Policy Act of 1995 to the Nuclear Waste

8 Fund.

9 ‘‘(2) USE.—The Nuclear Waste Fund shall be

10 used only for purposes of the integrated management

11 system.

12 ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE

13 FUND.—

14 ‘‘(A) IN GENERAL.—The Secretary of the

15 Treasury shall hold the Nuclear Waste Fund

16 and, after consultation with the Secretary, annu17 ally report to the Congress on the financial con18 dition and operations of the Nuclear Waste Fund

19 during the preceding fiscal year.

20 ‘‘(B) AMOUNTS IN EXCESS OF CURRENT

21 NEEDS.—If the Secretary determines that the

22 Nuclear Waste Fund contains at any time

23 amounts in excess of current needs, the Secretary

24 may request the Secretary of the Treasury to in25 vest such amounts, or any portion of such
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1 amounts as the Secretary determines to be ap2 propriate, in obligations of the United States—

3 ‘‘(i) having maturities determined by

4 the Secretary of the Treasury to be appro5 priate to the needs of the Nuclear Waste

6 Fund; and

7 ‘‘(ii) bearing interest at rates deter8 mined to be appropriate by the Secretary of

9 the Treasury, taking into consideration the

10 current average market yield on outstand11 ing marketable obligations of the United

12 States with remaining periods to maturity

13 comparable to the maturities of such invest14 ments, except that the interest rate on such

15 investments shall not exceed the average in16 terest rate applicable to existing borrowings.

17 ‘‘(C) EXEMPTION.—Receipts, proceeds, and

18 recoveries realized by the Secretary under this

19 section, and expenditures of amounts from the

20 Nuclear Waste Fund, shall be exempt from an21 nual apportionment under the provisions of sub22 chapter II of chapter 15 of title 31, United

23 States Code.

24 ‘‘(d) USE OF APPROPRIATED FUNDS.—During each

25 fiscal year, the Secretary may make expenditures of funds
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1 collected after the date of enactment of the Nuclear Waste

2 Policy Act of 1995 under this section and section 403, up

3 to the level of appropriations for that fiscal year pursuant

4 to subsection (f) only for purposes of the integrated manage5 ment system.

6 ‘‘(e) PROHIBITION ON USE OF APPROPRIATIONS AND

7 NUCLEAR WASTE FUND.—The Secretary shall not make ex8 penditures of funds collected pursuant to this section or sec9 tion 403, either directly or indirectly, to design or construct

10 systems and components for the transportation, storage, or

11 disposal of spent nuclear fuel from civilian nuclear power

12 reactors.

13 ‘‘(f) APPROPRIATIONS.—

14 ‘‘(1) BUDGET.—The Secretary shall submit the

15 budget for implementation of the Secretary’s respon16 sibilities under this Act to the Office of Management

17 and Budget triennially along with the budget of the

18 Department of Energy submitted at such time in ac19 cordance with chapter 11 of title 31, United States

20 Code. The budget shall consist of the estimates made

21 by the Secretary of expenditures under this Act and

22 other relevant financial matters for the succeeding 3

23 fiscal years, and shall be included in the budget of the

24 United States Government.
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1 ‘‘(2) APPROPRIATIONS.—Appropriations shall be

2 subject to triennial authorization. During each fiscal

3 year, the Secretary may make expenditures, up to the

4 level of appropriations, out of the funds collected pur5 suant to this section and section 403, if the Secretary

6 transmits the amounts appropriated for implementa7 tion of this Act to the Commission and the Nuclear

8 Waste Technical Review Board in appropriate pro9 portion to the collection of such funds.

10 ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN11 AGEMENT.

12 ‘‘(a) CONTINUATION OF OFFICE OF CIVILIAN RADIO13 ACTIVE WASTE MANAGEMENT.—The Office of Civilian Ra14 dioactive Waste Management established under section

15 304(a) of the Nuclear Waste Policy Act of 1982 as con16 stituted prior to the date of enactment of the Nuclear Waste

17 Policy Act of 1995, shall continue in effect subsequent to

18 the date of enactment of the Nuclear Waste Policy Act of

19 1995.

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

21 Office shall be responsible for carrying out the functions of

22 the Secretary under this Act, subject to the general super23 vision of the Secretary. The Director of the Office shall be

24 directly responsible to the Secretary.
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1 ‘‘SEC. 403. DEFENSE CONTRIBUTION.

2 ‘‘(a) ALLOCATION.—No later than one year from the

3 date of enactment of the Nuclear Waste Policy Act of 1995,

4 acting pursuant to section 553 of title 5, United States

5 Code, the Secretary shall issue a final rule establishing the

6 appropriate portion of the costs of managing spent nuclear

7 fuel and high-level radioactive waste under this Act alloca8 ble to the interim storage or permanent disposal of spent

9 nuclear fuel and high-level radioactive waste from atomic

10 energy defense activities. The share of costs allocable to the

11 management of spent nuclear fuel and high-level radioactive

12 waste from atomic energy defense activities shall include—

13 ‘‘(1) an appropriate portion of the costs associ14 ated with research and development activities with re15 spect to development of the interim storage facility

16 and repository; and

17 ‘‘(2) interest on the principal amounts due cal18 culated by reference to the appropriate Treasury bill

19 rate as if the payments were made at a point in time

20 consistent with the payment dates for spent nuclear

21 fuel and high-level radioactive waste under the con22 tracts.

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

24 request for an appropriation from the Nuclear Waste Fund,

25 the Secretary shall request annual appropriations from gen26 eral revenues in amounts sufficient to pay the costs of the
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1 management of spent nuclear fuel and high-level radioactive

2 waste from atomic energy defense activities as established

3 under subsection (a).

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

5 submitted to Congress under section 702, the Secretary shall

6 advise the Congress annually of the amount of spent nuclear

7 fuel and high-level radioactive waste from atomic energy

8 defense activities requiring management in the integrated

9 management system.

10 ‘‘(d) AUTHORIZATION.—There is authorized to be ap11 propriated to the Secretary, from general revenues, for car12 rying out the purposes of this Act, such sums as may be

13 necessary to pay the costs of the management of spent nu14 clear fuel and high-level radioactive waste from atomic en15 ergy defense activities as established under subsection (a).

16 ‘‘TITLE V—GENERAL AND

17 MISCELLANEOUS PROVISIONS

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

19 ‘‘If the requirements of any law are inconsistent with

20 or duplicative of the requirements of the Atomic Energy Act

21 and this Act, the Secretary shall comply only with the re22 quirements of the Atomic Energy Act and this Act in imple23 menting the integrated management system. Any require24 ment of a State or political subdivision of a State is pre25 empted if—
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1 ‘‘(1) complying with such requirement and a re2 quirement of this Act is impossible; or

3 ‘‘(2) such requirement, as applied or enforced, is

4 an obstacle to accomplishing or carrying out this Act

5 or a regulation under this Act.

6 ‘‘SEC. 502. EFFECT ON WATER RIGHTS.

7 ‘‘The Secretary shall give full consideration whether

8 the implementation of this Act may require any purchase

9 or other acquisition of water rights that will have a signifi10 cant adverse effect on the present or future development of

11 any area in Nevada. The Secretary shall mitigate any such

12 adverse effects to the maximum extent practicable.

13 ‘‘SEC. 503. JUDICIAL REVIEW OF AGENCY ACTIONS.

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

15 APPEALS.—

16 ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDICTION.—

17 Except for review in the Supreme Court of the United

18 States, and except as otherwise provided in this Act,

19 the United States courts of appeals shall have original

20 and exclusive jurisdiction over any civil action—

21 ‘‘(A) for review of any final decision or ac22 tion of the Secretary, the President, or the Com23 mission under this Act;

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

25 the President, or the Commission to make any
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1 decision, or take any action, required under this

2 Act;

3 ‘‘(C) challenging the constitutionality of

4 any decision made, or action taken, under any

5 provision of this Act; or

6 ‘‘(D) for review of any environmental im7 pact statement prepared or environmental assess8 ment pursuant to the National Environmental

9 Policy Act of 1969 (42 U.S.C. 4321 et seq.) with

10 respect to any action under this Act or alleging

11 a failure to prepare such statement with respect

12 to any such action.

13 ‘‘(2) VENUE.—The venue of any proceeding

14 under this section shall be in the judicial circuit in

15 which the petitioner involved resides or has its prin16 cipal office, or in the United States Court of Appeals

17 for the District of Columbia.

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

19 action for judicial review described under subsection (a)(1)

20 may be brought no later than 180 days after the date of

21 the decision or action or failure to act involved, as the case

22 may be, except that if a party shows that he did not know

23 of the decision or action complained of (or of the failure

24 to act), and that a reasonable person acting under the cir25 cumstances would not have known, such party may bring
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1 a civil action no later than 180 days after the date such

2 party acquired actual or constructive knowledge or such de3 cision, action, or failure to act.

4 ‘‘(c) APPLICATION OF OTHER LAW.—The provisions of

5 this section relating to any matter shall apply in lieu of

6 the provisions of any other Act relating to the same matter.

7 ‘‘SEC. 504. LICENSING OF FACILITY EXPANSIONS AND

8 TRANSSHIPMENTS.

9 ‘‘(a) ORAL ARGUMENT.—In any Commission hearing

10 under section 189 of the Atomic Energy Act of 1954 (42

11 U.S.C. 2239) on an application for a license, or for an

12 amendment to an existing license, filed after January 7,

13 1983, to expand the spent nuclear fuel storage capacity at

14 the site of a civilian nuclear power reactor, through the use

15 of high-density fuel storage racks, fuel rod compaction, the

16 transshipment of spent nuclear fuel to another civilian nu17 clear power reactor within the same utility system, the con18 struction of additional spent nuclear fuel pool capacity or

19 dry storage capacity, or by other means, the Commission

20 shall, at the request of any party, provide an opportunity

21 for oral argument with respect to any matter which the

22 Commission determines to be in controversy among the par23 ties. The oral argument shall be preceded by such discovery

24 procedures as the rules of the Commission shall provide. The

25 Commission shall require each party, including the Com-
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1 mission staff, to submit in written form, at the time of the

2 oral argument, a summary of the facts, data, and argu3 ments upon which such party proposes to rely that are

4 known at such time to such party. Only facts and data in

5 the form of sworn testimony or written submission may be

6 relied upon by the parties during oral argument. Of the

7 materials that may be submitted by the parties during oral

8 argument, the Commission shall only consider those facts

9 and data that are submitted in the form of sworn testimony

10 or written submission.

11 ‘‘(b) ADJUDICATORY HEARING.—

12 ‘‘(1) DESIGNATION.—At the conclusion of any

13 oral argument under subsection (a), the Commission

14 shall designate any disputed question of fact, together

15 with any remaining questions of law, for resolution

16 in an adjudicatory hearing only if it determines

17 that—

18 ‘‘(A) there is a genuine and substantial dis19 pute of fact which can only be resolved with suf20 ficient accuracy by the introduction of evidence

21 in an adjudicatory hearing; and

22 ‘‘(B) the decision of the Commission is like23 ly to depend in whole or in part on the resolu24 tion of such dispute.
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1 ‘‘(2) DETERMINATION.—In making a determina2 tion under this subsection, the Commission—

3 ‘‘(A) shall designate in writing the specific

4 facts that are in genuine and substantial dis5 pute, the reason why the decision of the agency

6 is likely to depend on the resolution of such facts,

7 and the reason why an adjudicatory hearing is

8 likely to resolve the dispute; and

9 ‘‘(B) shall not consider—

10 ‘‘(i) any issue relating to the design,

11 construction, or operation of any civilian

12 nuclear power reactor already licensed to

13 operate at such site, or any civilian nuclear

14 power reactor to which a construction per15 mit has been granted at such site, unless the

16 Commission determines that any such issue

17 substantially affects the design, construc18 tion, or operation of the facility or activity

19 for which such license application, author20 ization, or amendment is being considered;

21 or

22 ‘‘(ii) any siting or design issue fully

23 considered and decided by the Commission

24 in connection with the issuance of a con25 struction permit or operating license for a
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1 civilian nuclear power reactor at such site,

2 unless—

3 ‘‘(I) such issue results from any

4 revision of siting or design criteria by

5 the Commission following such deci6 sion; and

7 ‘‘(II) the Commission determines

8 that such issue substantially affects the

9 design, construction, or operation of

10 the facility or activity for which such

11 license application, authorization, or

12 amendment is being considered.

13 ‘‘(3) APPLICATION.—The provisions of para14 graph (2)(B) shall apply only with respect to licenses,

15 authorizations, or amendments to licenses or author16 izations, applied for under the Atomic Energy Act of

17 1954 (42 U.S.C. 2011 et seq.) before December 31,

18 2005.

19 ‘‘(4) CONSTRUCTION.—The provisions of this sec20 tion shall not apply to the first application for a li21 cense or license amendment received by the Commis22 sion to expand onsite spent fuel storage capacity by

23 the use of a new technology not previously approved

24 for use at any nuclear power plant by the Commis25 sion.
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1 ‘‘(c) JUDICIAL REVIEW.—No court shall hold unlawful

2 or set aside a decision of the Commission in any proceeding

3 described in subsection (a) because of a failure by the Com4 mission to use a particular procedure pursuant to this sec5 tion unless—

6 ‘‘(1) an objection to the procedure used was pre7 sented to the Commission in a timely fashion or there

8 are extraordinary circumstances that excuse the fail9 ure to present a timely objection; and

10 ‘‘(2) the court finds that such failure has pre11 cluded a fair consideration and informed resolution of

12 a significant issue of the proceeding taken as a whole.

13 ‘‘SEC. 505. SITING A SECOND REPOSITORY.

14 ‘‘(a) CONGRESSIONAL ACTION REQUIRED.—The Sec15 retary may not conduct site-specific activities with respect

16 to a second repository unless Congress has specifically au17 thorized and appropriated funds for such activities.

18 ‘‘(b) REPORT.—The Secretary shall report to the Presi19 dent and to Congress on or after January 1, 2007, but not

20 later than January 1, 2010, on the need for a second reposi21 tory.

22 ‘‘SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RA23 DIOACTIVE WASTE SITE CLOSURE.

24 ‘‘(a) FINANCIAL ARRANGEMENTS.—
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1 ‘‘(1) STANDARDS AND INSTRUCTIONS.—The Com2 mission shall establish by rule, regulation, or order,

3 after public notice, and in accordance with section

4 181 of the Atomic Energy Act of 1954 (42 U.S.C.

5 2231), such standards and instructions as the Com6 mission may deem necessary or desirable to ensure in

7 the case of each license for the disposal of low-level ra8 dioactive waste that an adequate bond, surety, or

9 other financial arrangement (as determined by the

10 Commission) will be provided by a licensee to permit

11 completion of all requirements established by the

12 Commission for the decontamination, decommission13 ing, site closure, and reclamation of sites, structures,

14 and equipment used in conjunction with such low15 level radioactive waste. Such financial arrangements

16 shall be provided and approved by the Commission,

17 or, in the case of sites within the boundaries of any

18 agreement State under section 274 of the Atomic En19 ergy Act of 1954 (42 U.S.C. 2021), by the appropriate

20 State or State entity, prior to issuance of licenses for

21 low-level radioactive waste disposal or, in the case of

22 licenses in effect on January 7, 1983, prior to termi23 nation of such licenses.

24 ‘‘(2) BONDING, SURETY, OR OTHER FINANCIAL

25 ARRANGEMENTS.—If the Commission determines that
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1 any long-term maintenance or monitoring, or both,

2 will be necessary at a site described in paragraph (1),

3 the Commission shall ensure before termination of the

4 license involved that the licensee has made available

5 such bonding, surety, or other financial arrangements

6 as may be necessary to ensure that any necessary

7 long-term maintenance or monitoring needed for such

8 site will be carried out by the person having title and

9 custody for such site following license termination.

10 ‘‘(b) TITLE AND CUSTODY.—

11 ‘‘(1) AUTHORITY OF SECRETARY.—The Secretary

12 shall have authority to assume title and custody of

13 low-level radioactive waste and the land on which

14 such waste is disposed of, upon request of the owner

15 of such waste and land and following termination of

16 the license issued by the Commission for such dis17 posal, if the Commission determines that—

18 ‘‘(A) the requirements of the Commission for

19 site closure, decommissioning, and decontamina20 tion have been met by the licensee involved and

21 that such licensee is in compliance with the pro22 visions of subsection (a);

23 ‘‘(B) such title and custody will be trans24 ferred to the Secretary without cost to the Fed25 eral Government; and
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1 ‘‘(C) Federal ownership and management of

2 such site is necessary or desirable in order to

3 protect the public health and safety, and the en4 vironment.

5 ‘‘(2) PROTECTION.—If the Secretary assumes

6 title and custody of any such waste and land under

7 this subsection, the Secretary shall maintain such

8 waste and land in a manner that will protect the

9 public health and safety, and the environment.

10 ‘‘(c) SPECIAL SITES.—If the low-level radioactive

11 waste involved is the result of a licensed activity to recover

12 zirconium, hafnium, and rare earths from source material,

13 the Secretary, upon request of the owner of the site involved,

14 shall assume title and custody of such waste and the land

15 on which it is disposed when such site has been decontami16 nated and stabilized in accordance with the requirements

17 established by the Commission and when such owner has

18 made adequate financial arrangements approved by the

19 Commission for the long-term maintenance and monitoring

20 of such site.

21 ‘‘SEC. 507. NUCLEAR REGULATORY COMMISSION TRAINING

22 AUTHORIZATION.

23 ‘‘The Commission is authorized and directed to pro24 mulgate regulations, or other appropriate regulatory guid25 ance, for the training and qualifications of civilian nuclear
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1 powerplant operators, supervisors, technicians, and other

2 appropriate operating personnel. Such regulations or guid3 ance shall establish simulator training requirements for ap4 plicants for civilian nuclear powerplant operator licenses

5 and for operator requalification programs; requirements

6 governing Commission administration of requalification

7 examinations; requirements for operating tests at civilian

8 nuclear powerplant simulators, and instructional require9 ments for civilian nuclear powerplant licensee personnel

10 training programs.

11 ‘‘SEC. 508. ACCEPTANCE SCHEDULE.

12 ‘‘The acceptance schedule shall be implemented in ac13 cordance with the following:

14 ‘‘(1) Acceptance priority ranking shall be deter15 mined by the Department’s annual ‘Acceptance Prior16 ity Ranking’ report.

17 ‘‘(2) The Secretary’s spent fuel acceptance rate

18 shall be no less than the following: 1,200 MTU in

19 1998 and 1,200 MTU in 1999; 2,000 MTU in 2000

20 and 2,000 MTU in 2001; 2,700 MTU in 2002; and

21 3,000 MTU thereafter.

22 ‘‘(3) If the Secretary is unable to begin accept23 ance by January 31, 1998 at the rates specified in

24 paragraph (2), or if the cumulative amount accepted

25 in any year thereafter is less than that which would
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1 have been accepted under the acceptance rate specified

2 in paragraph (2), the acceptance schedule shall be ad3 justed upward such that within 5 years of the start

4 of acceptance by the Secretary—

5 ‘‘(A) the total quantity accepted by the Sec6 retary is consistent with the total quantity that

7 the Secretary would have accepted if the Sec8 retary had began acceptance in 1998, and

9 ‘‘(B) thereafter the acceptance rate is equiv10 alent to the rate that would be in place pursuant

11 to paragraph (2) above if the Secretary had com12 menced acceptance in 1998.

13 ‘‘(4) The acceptance schedule shall not be affected

14 or modified in any way as a result of the Secretary’s

15 acceptance of any material other than contract hold16 ers’ spent nuclear fuel and high-level radioactive

17 waste.

18 ‘‘SEC. 509. SUBSEABED OR OCEAN WATER DISPOSAL.

19 ‘‘Notwithstanding any other provision of law—

20 ‘‘(1) the subseabed or ocean water disposal of

21 spent nuclear fuel or high-level radioactive waste is

22 prohibited; and

23 ‘‘(2) no funds shall be obligated for any activity

24 relating to the subseabed or ocean water disposal of

25 spent nuclear fuel or high-level radioactive waste.
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1 ‘‘TITLE VI—NUCLEAR WASTE

2 TECHNICAL REVIEW BOARD

3 ‘‘SEC. 601. DEFINITIONS.

4 ‘‘For purposes of this title—

5 ‘‘(1) CHAIRMAN.—The term ‘Chairman’ means

6 the Chairman of the Nuclear Waste Technical Review

7 Board.

8 ‘‘(2) BOARD.—The term ‘Board’ means the Nu9 clear Waste Technical Review Board continued under

10 section 602.

11 ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

12 ‘‘(a) CONTINUATION OF NUCLEAR WASTE TECHNICAL

13 REVIEW BOARD.—The Nuclear Waste Technical Review

14 Board, established under section 502(a) of the Nuclear

15 Waste Policy Act of 1982 as constituted prior to the date

16 of enactment of the Nuclear Waste Policy Act of 1995, shall

17 continue in effect subsequent to the date of enactment of

18 the Nuclear Waste Policy Act of 1995.

19 ‘‘(b) MEMBERS.—

20 ‘‘(1) NUMBER.—The Board shall consist of 11

21 members who shall be appointed by the President not

22 later than 90 days after December 22, 1987, from

23 among persons nominated by the National Academy

24 of Sciences in accordance with paragraph (3).
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1 ‘‘(2) CHAIR.—The President shall designate a

2 member of the Board to serve as Chairman.

3 ‘‘(3) NATIONAL ACADEMY OF SCIENCES.—

4 ‘‘(A) NOMINATIONS.—The National Acad5 emy of Sciences shall, not later than 90 days

6 after December 22, 1987, nominate not less than

7 22 persons for appointment to the Board from

8 among persons who meet the qualifications de9 scribed in subparagraph (C).

10 ‘‘(B) VACANCIES.—The National Academy

11 of Sciences shall nominate not less than 2 per12 sons to fill any vacancy on the Board from

13 among persons who meet the qualifications de14 scribed in subparagraph (C).

15 ‘‘(C) NOMINEES.—

16 (i) Each person nominated for ap17 pointment to the Board shall be—

18 ‘‘(I) eminent in a field of science

19 or engineering, including environ20 mental sciences; and

21 ‘‘(II) selected solely on the basis of

22 established records of distinguished

23 service.

24 ‘‘(ii) The membership of the Board

25 shall be representatives of the broad range of
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1 scientific and engineering disciplines relat2 ed to activities under this title.

3 ‘‘(iii) No person shall be nominated for

4 appointment to the Board who is an em5 ployee of—

6 ‘‘(I) the Department of Energy;

7 ‘‘(II) a national laboratory under

8 contract with the Department of En9 ergy; or

10 ‘‘(III) an entity performing spent

11 nuclear fuel or high-level radioactive

12 waste activities under contract with

13 the Department of Energy.

14 ‘‘(4) VACANCIES.—Any vacancy on the Board

15 shall be filled by the nomination and appointment

16 process described in paragraphs (1) and (3).

17 ‘‘(5) TERMS.—Members of the Board shall be ap18 pointed for terms of 4 years, each such term to com19 mence 120 days after December 22, 1987, except that

20 of the 11 members first appointed to the Board, 5

21 shall serve for 2 years and 6 shall serve for 4 years,

22 to be designated by the President at the time of ap23 pointment.
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1 ‘‘SEC. 603. FUNCTIONS.

2 ‘‘The Board shall evaluate the technical and scientific

3 validity of activities undertaken by the Secretary after De4 cember 22, 1987, including—

5 ‘‘(1) site characterization activities; and

6 ‘‘(2) activities relating to the packaging or trans7 portation of spent nuclear fuel or high-level radio8 active waste.

9 ‘‘SEC. 604. INVESTIGATORY POWERS.

10 ‘‘(a) HEARINGS.—Upon request of the Chairman or a

11 majority of the members of the Board, the Board may hold

12 such hearings, sit and act at such times and places, take

13 such testimony, and receive such evidence, as the Board con14 siders appropriate. Any member of the Board may admin15 ister oaths or affirmations to witnesses appearing before the

16 Board.

17 ‘‘(b) PRODUCTION OF DOCUMENTS.—

18 ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re19 quest of the Chairman or a majority of the members

20 of the Board, and subject to existing law, the Sec21 retary (or any contractor of the Secretary) shall pro22 vide the Board with such records, files, papers, data,

23 or information as may be necessary to respond to any

24 inquiry of the Board under this title.

25 ‘‘(2) EXTENT.—Subject to existing law, informa26 tion obtainable under paragraph (1) shall not be lim-
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1 ited to final work products of the Secretary, but shall

2 include drafts of such products and documentation of

3 work in progress.

4 ‘‘SEC. 605. COMPENSATION OF MEMBERS.

5 ‘‘(a) IN GENERAL.—Each member of the Board shall

6 be paid at the rate of pay payable for level III of the Execu7 tive Schedule for each day (including travel time) such

8 member is engaged in the work of the Board.

9 ‘‘(b) TRAVEL EXPENSES.—Each member of the Board

10 may receive travel expenses, including per diem in lieu of

11 subsistence, in the same manner as is permitted under sec12 tions 5702 and 5703 of title 5, United States Code.

13 ‘‘SEC. 606. STAFF.

14 ‘‘(a) CLERICAL STAFF.—

15 ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to

16 paragraph (2), the Chairman may appoint and fix

17 the compensation of such clerical staff as may be nec18 essary to discharge the responsibilities of the Board.

19 ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff

20 shall be appointed subject to the provisions of title 5,

21 United States Code, governing appointments in the

22 competitive service, and shall be paid in accordance

23 with the provisions of chapter 51 and subchapter III

24 of chapter 3 of such title relating to classification and

25 General Schedule pay rates.
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1 ‘‘(b) PROFESSIONAL STAFF.—

2 ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to

3 paragraphs (2) and (3), the Chairman may appoint

4 and fix the compensation of such professional staff as

5 may be necessary to discharge the responsibilities of

6 the Board.

7 ‘‘(2) NUMBER.—Not more than 10 professional

8 staff members may be appointed under this sub9 section.

10 ‘‘(3) TITLE 5.—Professional staff members may

11 be appointed without regard to the provisions of title

12 5, United States Code, governing appointments in the

13 competitive service, and may be paid without regard

14 to the provisions of chapter 51 and subchapter III of

15 chapter 53 of such title relating to classification and

16 General Schedule pay rates, except that no individual

17 so appointed may receive pay in excess of the annual

18 rate of basic pay payable for GS–18 of the General

19 Schedule.

20 ‘‘SEC. 607. SUPPORT SERVICES.

21 ‘‘(a) GENERAL SERVICES.—To the extent permitted by

22 law and requested by the Chairman, the Administrator of

23 General Services shall provide the Board with necessary ad24 ministrative services, facilities, and support on a reimburs25 able basis.
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1 ‘‘(b) ACCOUNTING, RESEARCH, AND TECHNOLOGY AS2 SESSMENT SERVICES.—The Comptroller General, the Li3 brarian of Congress, and the Director of the Office of Tech4 nology Assessment shall, to the extent permitted by law and

5 subject to the availability of funds, provide the Board with

6 such facilities, support, funds and services, including staff,

7 as may be necessary for the effective performance of the

8 functions of the Board.

9 ‘‘(c) ADDITIONAL SUPPORT.—Upon the request of the

10 Chairman, the Board may secure directly from the head

11 of any department or agency of the United States informa12 tion necessary to enable it to carry out this title.

13 ‘‘(d) MAILS.—The Board may use the United States

14 mails in the same manner and under the same conditions

15 as other departments and agencies of the United States.

16 ‘‘(e) EXPERTS AND CONSULTANTS.—Subject to such

17 rules as may be prescribed by the Board, the Chairman may

18 procure temporary and intermittent services under section

19 3109(b) of title 5 of the United States Code, but at rates

20 for individuals not to exceed the daily equivalent of the

21 maximum annual rate of basic pay payable for GS–18 of

22 the General Schedule.
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1 ‘‘SEC. 608. REPORT.

2 ‘‘The Board shall report not less than 2 times per year

3 to Congress and the Secretary its findings, conclusions, and

4 recommendations.

5 ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘There are authorized to be appropriated for expendi7 tures such sums as may be necessary to carry out the provi8 sions of this title.

9 ‘‘SEC. 610. TERMINATION OF THE BOARD.

10 ‘‘The Board shall cease to exist not later than one year

11 after the date on which the Secretary begins disposal of

12 spent nuclear fuel or high-level radioactive waste in the re13 pository.

14 ‘‘TITLE VII—MANAGEMENT

15 REFORM

16 ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES.

17 ‘‘(a) IN GENERAL.—The Secretary is directed to take

18 actions as necessary to improve the management of the ci19 vilian radioactive waste management program to ensure

20 that the program is operated, to the maximum extent prac21 ticable, in like manner as a private business. Notwithstand22 ing any other provision of law, the civilian radioactive

23 waste management program is not subject to laws or regula24 tions concerning the civil service as described in this title.

25 ‘‘(b) OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN26 AGEMENT EMPLOYEES.—
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1 ‘‘(1) COMPENSATION.—The Secretary shall, with2 out regard to section 5301 of title 5, United States

3 Code, fix the compensation of the Director and the

4 Deputy Director of the Office of Civilian Radioactive

5 Waste Management. The Director shall, without re6 gard to section 5301 of title 5, United States Code,

7 fix the compensation for all other Federal employees

8 assigned to the Office of Civilian Radioactive Waste

9 Management, define their duties, and provide for a

10 system of organization to fix responsibility and pro11 mote efficiency. The Deputy Director may be removed

12 at the Director’s discretion without regard to any

13 laws, rules, or regulations concerning personnel ac14 tions in the Civil Service System or Senior Executive

15 Service. Any other Federal employee assigned to the

16 Office of Civilian Radioactive Waste Management

17 may be removed at the discretion of the Secretary or

18 Director without regard to any laws, rules, or regula19 tions concerning personnel actions in the Civil Serv20 ice System or Senior Executive Service. The Secretary

21 shall ensure that Federal employees assigned to the

22 Office of Civilian Radioactive Waste Management are

23 appointed, promoted, and assigned on the basis of

24 merit and fitness. Other personnel actions shall be

25 consistent with the principles of fairness and due
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1 process specified in title 5 of the United States Code,

2 but without regard to those provisions of such title

3 governing appointments and other personnel actions

4 in the competitive service.

5 ‘‘(2) APPLICATION.—The provisions of para6 graph (1) shall not apply to Federal employees who

7 may be, from time to time, temporarily assigned to

8 the Office of Civilian Radioactive Waste Management.

9 The use of temporary assignment of Federal employ10 ees to the Office of Civilian Radioactive Waste Man11 agement shall not be used in any manner to cir12 cumvent the full application of the provisions in

13 paragraph (1).

14 ‘‘(3) TRANSITION.—The Secretary shall transi15 tion the Federal employees assigned to the Office of

16 Civilian Radioactive Waste Management to the provi17 sions of this section in an orderly manner allowing

18 for the development of the needed procedures. Under

19 no circumstances shall this transition take longer

20 than 6 months from the date of enactment of the Nu21 clear Waste Policy Act of 1995.

22 ‘‘(4) RETENTION OF BENEFITS.—Federal em23 ployees assigned to the Office of Civilian Radioactive

24 Waste Management and transitioned to the provisions

25 of this section shall retain employment benefits in ef-
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1 fect immediately prior to the transition date.

2 Transitioned employees will continue in the Civil

3 Service System’s retirement system.

4 ‘‘(c) AUDITS.—

5 ‘‘(1) STANDARD.—The Office of Civilian Radio6 active Waste Management, its contractors, and sub7 contractors at all tiers, shall conduct, or have con8 ducted, audits and examinations of their operations

9 in accordance with the usual and customary practices

10 of private corporations engaged in large nuclear con11 struction projects consistent with its role in the pro12 gram.

13 ‘‘(2) TIME.—The management practices and per14 formances of the Office of Civilian Radioactive Waste

15 Management shall be audited every 5 years by an

16 independent management consulting firm with sig17 nificant experience in similar audits of private cor18 porations engaged in large nuclear construction

19 projects. The first such audit shall be conducted 5

20 years after the date of enactment of the Nuclear Waste

21 Policy Act of 1995.

22 ‘‘(3) COMPTROLLER GENERAL.—The Comptroller

23 General of the United States shall annually make an

24 audit of the Office, in accordance with such regula25 tions as the Comptroller General may prescribe. The
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1 Comptroller General shall have access to such books,

2 records, accounts, and other materials of the Office

3 as the Comptroller General determines to be necessary

4 for the preparation of such audit. The Comptroller

5 General shall submit to the Congress a report on the

6 results of each audit conducted under this section.

7 ‘‘(4) TIME.—No audit contemplated by this sub8 section shall take longer than 30 days to conduct. An

9 audit report shall be issued in final form no longer

10 than 60 days after the audit is commenced.

11 ‘‘(5) PUBLIC DOCUMENTS.—All audit reports

12 shall be public documents and available to any indi13 vidual upon request.

14 ‘‘(d) VALUE ENGINEERING.—The Secretary shall cre15 ate a value engineering function within the Office of Civil16 ian Radioactive Waste Management that reports directly

17 to the Director, which shall carry out value engineering

18 functions in accordance with the usual and customary

19 practices of private corporations engaged in large nuclear

20 construction projects.

21 ‘‘(e) SITE CHARACTERIZATION.—The Secretary shall

22 employ, on an on-going basis, integrated performance mod23 eling to identify appropriate parameters for the remaining

24 site characterization effort and to eliminate studies of pa-
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1 rameters that are shown not to affect long-term repository

2 performance.

3 ‘‘SEC. 702. REPORTING.

4 ‘‘(a) INITIAL REPORT.—Within 180 days of the date

5 of enactment of the Nuclear Waste Policy Act of 1995, the

6 Secretary shall report to Congress on its planned actions

7 for implementing the provisions of this Act, including the

8 development of the Integrated Waste Management System.

9 Such report shall include—

10 ‘‘(1) an analysis of the Secretary’s progress in

11 meeting its statutory and contractual obligation to

12 accept title to, possession of, and delivery of spent nu13 clear fuel and high-level radioactive waste beginning

14 no later than January 31, 1998, and in accordance

15 with the acceptance schedule;

16 ‘‘(2) a detailed schedule and timeline showing

17 each action that the Secretary intends to take to meet

18 the Secretary’s obligations under this Act and the

19 contracts;

20 ‘‘(3) a detailed description of the Secretary’s con21 tingency plans in the event that the Secretary is un22 able to meet the planned schedule and timeline; and

23 ‘‘(4) an analysis by the Secretary of its funding

24 needs for fiscal years 1996 through 2001.
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1 ‘‘(b) ANNUAL REPORTS.—On each anniversary of the

2 submittal of the report required by subsection (a), the Sec3 retary shall make annual reports to the Congress for the

4 purpose of updating the information contained in such re5 port. The annual reports shall be brief and shall notify the

6 Congress of—

7 ‘‘(1) any modifications to the Secretary’s sched8 ule and timeline for meeting its obligations under this

9 Act;

10 ‘‘(2) the reasons for such modifications, and the

11 status of the implementation of any of the Secretary’s

12 contingency plans; and

13 ‘‘(3) the Secretary’s analysis of its funding needs

14 for the ensuing 5 fiscal years.’’.

15 SEC. 2. CONTINUATION OF CONTRACTS.

16 Subsequent to the date of enactment of the Nuclear

17 Waste Policy Act of 1995, the contracts executed under sec18 tion 302(a) of the Nuclear Waste Policy Act of 1982 shall

19 continue in effect under the Nuclear Waste Policy Act of

20 1995 in accordance with their terms except to the extent

21 that the contracts have been modified by the parties to the

22 contract.

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