II

106TH CONGRESS

1ST SESSION S. 608

To amend the Nuclear Waste Policy Act of 1982.

IN THE SENATE OF THE UNITED STATES

MARCH 15, 1999

Mr. MURKOWSKI (for himself, Mr. CRAIG, Mr. GRAMS, and Mr. CRAPO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

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 TO NUCLEAR WASTE POLICY ACT

4 OF 1982.

5 The Nuclear Waste Policy Act of 1982 is amended

6 to read as follows:

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

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

9 ‘Nuclear Waste Policy Act of 1999’.

10 ‘‘(b) TABLE OF CONTENTS.—

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

‘‘Sec. 2. Definitions.
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‘‘Sec. 3. Findings and Purposes.

‘‘TITLE I—OBLIGATIONS

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

‘‘TITLE II—INTEGRATED MANAGEMENT SYSTEM

‘‘Sec. 201. Intermodal transfer.

‘‘Sec. 202. Transportation planning.

‘‘Sec. 203. Transportation requirements.

‘‘Sec. 204. Interim Storage.

‘‘Sec. 205. Permanent Repository.

‘‘Sec. 206. Compliance with the National Environmental Policy Act.

‘‘Sec. 207. Land withdrawal.

‘‘Sec. 208. Applicability.

‘‘TITLE III—LOCAL RELATIONS

‘‘Sec. 303. Financial assistance.

‘‘Sec. 302. Onsite representative.

‘‘Sec. 303. Benefits agreements.

‘‘Sec. 304. Contents of agreements.

‘‘Sec. 305. Acceptance of benefits.

‘‘Sec. 306. Restriction on use of funds.

‘‘Sec. 307. Initial land conveyances.

‘‘Sec. 308. Payments equal to taxes.

‘‘TITLE IV—FUNDING AND ORGANIZATION

‘‘Sec. 401. Program funding.

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

‘‘Sec. 403. Federal contribution.

‘‘TITLE V—GENERAL AND MISCELLANEOUS PROVISIONS

‘‘Sec. 501. Compliance with other laws.

‘‘Sec. 502. 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.

‘‘Sec. 510. Transfer of Title.

‘‘Sec. 511. Separability.

‘‘Sec. 512. Purchase of American-made equipment and products.

‘‘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.
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‘‘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 ‘ac4 cept’ and ‘acceptance’ mean the Secretary’s act of

5 taking possession of spent nuclear fuel or high-level

6 radioactive waste.

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

9 section 508 for acceptance of spent nuclear fuel and

10 high-level radioactive waste.

11 ‘‘(3) AFFECTED INDIAN TRIBE.—The term ‘af12 fected Indian tribe’ means an Indian tribe whose

13 reservation is surrounded by or borders on an af14 fected unit of local government, or whose federally

15 defined possessory or usage rights to other lands

16 outside of the border of the Indian tribe’s reserva17 tion arising out of congressionally ratified treaties

18 may be affected by the locating of an interim storage

19 facility or repository, if the Secretary finds, upon pe20 tition of the appropriate government officials of the

21 Indian tribe, that such affects are both substantial

22 and adverse to the Indian tribe.
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1 ‘‘(4) AFFECTED UNIT OF LOCAL GOVERN2 MENT.—The term ‘affected unit of local government’

3 means the unit of local government with jurisdiction

4 over the site of a repository or interim storage facil5 ity. Such term may, at the discretion of the Sec6 retary, include other units of local government that

7 are contiguous with such unit.

8 ‘‘(5) ATOMIC ENERGY DEFENSE ACTIVITY.—

9 The term ‘atomic energy defense activity’ means any

10 activity of the Secretary performed in whole or in

11 part in carrying out any of the following functions:

12 ‘‘(A) Naval reactors development.

13 ‘‘(B) Weapons activities including defense

14 inertial confinement fusion.

15 ‘‘(C) Verification and control technology.

16 ‘‘(D) Defense nuclear materials produc17 tion.

18 ‘‘(E) Defense nuclear waste and materials

19 byproducts management.

20 ‘‘(F) Defense nuclear materials security

21 and safeguards and security investigations.

22 ‘‘(G) Defense research and development.

23 ‘‘(H) Nuclear nonproliferation.

24 ‘‘(6) CIVILIAN NUCLEAR POWER REACTOR.—

25 The term ‘civilian nuclear power reactor’ means a ci-
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1 vilian nuclear power plant required to be licensed

2 under section 103 or 104b. of the Atomic Energy

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

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

5 means the Nuclear Regulatory Commission.

6 ‘‘(8) CONTRACTS.—The term ‘contracts’ means

7 the contracts, executed prior to the date of enact8 ment of the Nuclear Waste Policy Act of 1999,

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

10 Act of 1982, by the Secretary and any person who

11 generates or holds title to spent nuclear fuel or high12 level radioactive waste of domestic origin for accept13 ance of such waste or fuel by the Secretary and the

14 payment of fees to offset the Secretary’s expendi15 tures, and any subsequent contracts executed by the

16 Secretary pursuant to section 401(a) of this Act.

17 ‘‘(9) CONTRACT HOLDERS.—The term ‘contract

18 holders’ means parties (other than the Secretary) to

19 contracts.

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

21 means the Department of Energy.

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

23 the emplacement in a repository of spent nuclear

24 fuel, high-level radioactive waste, or other highly ra25 dioactive material with no foreseeable intent of re-
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1 covery, whether or not such emplacement permits re2 covery of such material for any future purpose.

3 ‘‘(12) 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 ‘‘(13) ENGINEERED BARRIERS.—The terms ‘en9 gineered barriers’ and ‘engineered systems and com10 ponents,’ mean man made components of a disposal

11 system. These terms include the spent nuclear fuel

12 or high-level radioactive waste form, spent nuclear

13 fuel package or high-level radioactive waste package,

14 and other materials placed over and around such

15 packages.

16 ‘‘(14) HIGH-LEVEL RADIOACTIVE WASTE.—The

17 term ‘high-level radioactive waste’ means—

18 ‘‘(A) the highly radioactive material result19 ing from the reprocessing in the United States

20 of spent nuclear fuel, including liquid waste

21 produced directly in reprocessing and any solid

22 material derived from such liquid waste that

23 contains fission products in sufficient con24 centrations;
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1 ‘‘(B) the highly radioactive material result2 ing from atomic energy defense activities; and

3 ‘‘(C) any other highly radioactive material

4 that the Commission, consistent with existing

5 law, determines by rule requires permanent iso6 lation, which includes any low-level radioactive

7 waste with concentrations of radionuclides that

8 exceed the limits established by the Commission

9 for class C radioactive water, as defined by sec10 tion 61.55 of title 10, Code of Federal Regula11 tions, as in effect on January 26, 1983.

12 ‘‘(15) FEDERAL AGENCY.—The term ‘Federal

13 agency’ means any Executive agency, as defined in

14 section 105 of title 5, United States Code.

15 ‘‘(16) INDIAN TRIBE.—The term ‘Indian tribe’

16 means any Indian tribe, band, nation, or other orga17 nized group or community of Indians recognized as

18 eligible for the services provided to Indians by the

19 Secretary of the interior because of their status as

20 Indians including any Alaska Native village, as de21 fined in section 3(c) of the Alaska Native Claims

22 Settlement Act (43 U.S.C. 1602(c)).

23 ‘‘(17) INTEGRATED MANAGEMENT SYSTEM.—

24 The term ‘integrated management system’ means

25 the system developed by the Secretary for the ac-
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1 ceptance, transportation, storage, and disposal of

2 spent nuclear fuel and high-level radioactive waste.

3 ‘‘(18) INTERIM STORAGE FACILITY.—The term

4 ‘interim storage facility’ means a facility designed

5 and constructed for the receipt, handling, possession,

6 safeguarding, and storage of spent nuclear fuel and

7 high-level radioactive waste in accordance with title

8 II of this Act.

9 ‘‘(19) INTERIM STORAGE FACILITY SITE.—The

10 term ‘interim storage facility site’ means the specific

11 site within Area 25 of the Nevada Test Site that is

12 designated by the Secretary and withdrawn and re13 served in accordance with this Act for the location

14 of the interim storage facility.

15 ‘‘(20) LOW-LEVEL RADIOACTIVE WASTE.—The

16 term ‘low-level radioactive waste’ means radioactive

17 material that—

18 ‘‘(A) is not spent nuclear fuel, high-level

19 radioactive waste, transuranic waste, or byprod20 uct material as defined in section 11 e.(2) of

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

22 2014(e)(2)); and

23 ‘‘(B) the Commission, consistent with ex24 isting law, classifies as low-level radioactive

25 waste.
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1 ‘‘(21) METRIC TONS URANIUM AND MTU.—The

2 terms ‘metric tons uranium’ and ‘MTU’ mean the

3 amount of uranium in the original unirradiated fuel

4 element whether or not the spent nuclear fuel has

5 been reprocessed. The value of ‘metric tons uranium’

6 or ‘MTU’ for high-level waste forms is defined to be

7 one-sixth of one MTU per high-level waste canister.

8 ‘‘(22) NUCLEAR WASTE FUND.—The term ‘Nu9 clear Waste Fund’ means the nuclear waste fund es10 tablished in the United States Treasury prior to the

11 date of enactment of this Act under section 302(c)

12 of the Nuclear Waste Policy Act of 1982.

13 ‘‘(23) OFFICE.—The term ‘Office’ means the

14 Office of Civilian Radioactive Waste Management es15 tablished within the Department prior to the date of

16 enactment of this Act under the provisions of the

17 Nuclear Waste Policy Act of 1982.

18 ‘‘(24) PACKAGE.—The term ‘package’ means

19 the primary container that holds, and is in direct

20 contact with, solidified high-level radioactive waste,

21 spent nuclear fuel, or other radioactive materials

22 and any overpack that are emplaced at a repository.

23 ‘‘(25) PROGRAM APPROACH.—The term ‘pro24 gram approach’ means the Civilian Radioactive

25 Waste Management Program Plan, dated May 6,
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1 1996, as modified by this Act, and as amended from

2 time to time by the Secretary in accordance with

3 this Act.

4 ‘‘(26) REPOSITORY.—The term ‘repository’

5 means a system designed and constructed under title

6 II of this Act for the permanent geologic disposal of

7 spent nuclear fuel and high-level radioactive waste,

8 including both surface and subsurface areas at

9 which spent nuclear fuel and high-level radioactive

10 waste receipt, handling, possession, safeguarding,

11 and storage are conducted.

12 ‘‘(27) SECRETARY.—The term ‘Secretary’

13 means the Secretary of Energy.

14 ‘‘(28) SITE CHARACTERIZATION.—The term

15 ‘site characterization’ means activities, whether in a

16 laboratory or in the field, undertaken to establish a

17 geologic condition and the ranges of the parameters

18 of a candidate site relevant to the location of a re19 pository, including borings, surface excavations, ex20 cavations of exploratory facilities, limited subsurface

21 lateral excavations and borings, and in situ testing

22 needed to evaluate the licensability of candidate site

23 for the location of repository, but not including pre24 liminary borings and geophysical testing needed to
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1 assess whether site characterization should be under2 taken.

3 ‘‘(29) SPENT NUCLEAR FUEL.—The term

4 ‘spent nuclear fuel’ means fuel that has been with5 drawn from a nuclear reactor following irradiation,

6 the constituent elements of which have not been sep7 arated by reprocessing.

8 ‘‘(30) STORAGE.—The term ‘storage’ means re9 tention of spent nuclear fuel or high-level radioactive

10 waste with the intent to recover such waste or fuel

11 for subsequent use, processing, or disposal.

12 ‘‘(31) WITHDRAWAL.—The term ‘withdrawal’

13 has the same definition as that set forth in the Fed14 eral Land Policy and Management Act (43 U.S.C.

15 1702 et seq.).

16 ‘‘(32) YUCCA MOUNTAIN SITE.—The term

17 ‘Yucca Mountain site’ means the area in the State

18 of Nevada that is withdrawn and reserved in accord19 ance with this Act for the location of a repository.

20 ‘‘(33) ADMINISTRATOR.—The term ‘Adminis21 trator’ means the Administrator of the Environ22 mental Protection Agency.

23 ‘‘SEC. 3. FINDINGS AND PURPOSES.

24 ‘‘(a) FINDINGS.—The Congress finds that—
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1 ‘‘(1) while spent nuclear fuel can be safely

2 stored at reactor sites, the expeditious movement to

3 and storage of such spent nuclear fuel at a central4 ized Federal facility will enhance the Nation’s envi5 ronmental protection;

6 ‘‘(2) while the Federal Government has the re7 sponsibility to provide for the centralized interim

8 storage and permanent disposal of spent nuclear fuel

9 and high-level radioactive waste to protect the public

10 health and safety and the environment, the costs of

11 such storage and disposal should be the responsi12 bility of the generators and owners of such waste

13 and fuel, including the Federal Government;

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

15 health and safety, enhancing the Nation’s environ16 mental protection, promoting the Nation’s energy se17 curity, and ensuring the Secretary’s ability to com18 mence acceptance of spent nuclear fuel and high19 level radioactive waste no later than June 30, 2003,

20 it is necessary for Congress to authorize the interim

21 storage facility;

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

23 appropriation of general revenues have limited the

24 availability of the Nuclear Waste Fund for its in25 tended purposes; and
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1 ‘‘(5) the Federal Government has the responsi2 bility to provide for the permanent disposal of waste

3 generated from United States atomic energy defense

4 activities.

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

6 ‘‘(1) to direct the Secretary to develop an inte7 grated management system in accordance with this

8 Act so that the Department can accept spent nuclear

9 fuel and high-level radioactive waste for interim stor10 age commencing no later than June 30, 2003, and

11 for permanent disposal at a repository commencing

12 no later than January 17, 2010;

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

14 operation of a repository for permanent geologic dis15 posal of spent nuclear fuel and high-level radioactive

16 waste in order to adequately protect the public and

17 the environment;

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

19 that the consumers of nuclear energy, who are fund20 ing the Secretary’s activities under this Act, receive

21 the services to which they are entitled and realize

22 the benefits of enhanced protection of public health

23 and safety, and of the environment, that will ensue

24 from the Secretary’s compliance with the obligations

25 imposed by this Act; and
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1 ‘‘(4) to provide a schedule and process for the

2 expeditious and safe development and commence3 ment of operation of an integrated management sys4 tem to ensure that the Secretary can commence ac5 ceptance of spent nuclear fuel and high-level radio6 active waste no later than June 30, 2003.

7 ‘‘TITLE I—OBLIGATIONS

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

9 ‘‘(a) DISPOSAL.—The Secretary shall develop and op10 erate a repository for the permanent geologic disposal of

11 spent nuclear fuel and high-level radioactive waste.

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

13 nuclear fuel and high-level radioactive waste for storage

14 at the interim storage facility pursuant to section 204 in

15 accordance with the acceptance schedule, beginning not

16 later than June 30, 2003.

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

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

19 radioactive waste accepted by the Secretary.

20 ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.—The

21 Secretary shall expeditiously pursue the development of

22 each component of the integrated management system,

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

24 management and contracting practices.
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1 ‘‘(e) PRIVATE SECTOR PARTICIPATION.—In admin2 istering the Integrated Management System, the Sec3 retary shall, to the maximum extent possible, utilize, em4 ploy, procure and contract with, the private sector to fulfill

5 the Secretary’s obligations and requirements under this

6 Act.

7 ‘‘(f) PRE-EXISTING RIGHTS.—Nothing in the Nu8 clear Waste Policy Act of 1999 is intended to or shall be

9 construed to modify—

10 ‘‘(1) any right of a contract holder under sec11 tion 302(a) of the Nuclear Waste Policy Act of

12 1982, or under a contract executed prior to the date

13 of enactment of this Act under that section; or

14 ‘‘(2) obligations imposed upon the Federal Gov15 ernment by the United States District Court of

16 Idaho in an order entered on October 17, 1995 in

17 United States v. Batt (No. 91–0054–S–EJL).

18 ‘‘(g) LIABILITY.—Subject to subsection (f), nothing

19 in the Nuclear Waste Policy Act of 1999 shall be con20 strued to subject the United States to financial liability

21 for the Secretary’s failure to meet any deadline for the

22 acceptance or emplacement of spent nuclear fuel or high23 level radioactive waste for storage or disposal under the

24 Nuclear Waste Policy Act of 1999.
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1 ‘‘TITLE II—INTEGRATED MANAGEMENT

2 SYSTEM

3 ‘‘SEC. 201. INTERMODAL TRANSFER.

4 ‘‘(a) TRANSPORTATION.—The Secretary shall utilize

5 truck transport to move spent nuclear fuel and high-level

6 radioactive waste from the mainline rail line at Caliente,

7 Nevada, to the interim storage facility site. If direct rail

8 access becomes available to the interim storage facility

9 site, the Secretary may use rail transportation to meet the

10 requirements of this title.

11 ‘‘(b) CAPABILITY DATE.—The Secretary shall de12 velop the capability to commence rail to truck intermodal

13 transfer at Caliente, Nevada, no later than June 30, 2003.

14 ‘‘(c) ACQUISITIONS.—The Secretary shall acquire

15 land and rights-of-way necessary to commence intermodal

16 transfer at Caliente, Nevada.

17 ‘‘(d) REPLACEMENTS.—The Secretary shall acquire

18 and develop on behalf of, and dedicate to, the City of

19 Caliente, Nevada, parcels of land and rights-of-way as re20 quired to facilitate replacement of land and city waste21 water disposal activities necessary to commence inter22 modal transfer pursuant to this Act. Replacement of land

23 and city wastewater disposal activities shall occur no later

24 than June 30, 2003.
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1 ‘‘(e) NOTICE AND MAP.—Within 6 months of the

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

3 ‘‘(1) publish in the Federal Register a notice

4 containing a legal description of the sites and rights5 of-way to be acquired under this section; and

6 ‘‘(2) file copies of a map of such sites and

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

8 Interior, the State of Nevada, the Archivist of the

9 United States, the Board of Lincoln County Com10 missioners, the Board of Nye County Commis11 sioners, and the Caliente City Council.

12 Such map and legal description shall have the same force

13 and effect as if they were included in this Act. The Sec14 retary may correct clerical and typographical errors in

15 legal descriptions and make minor adjustments in the

16 boundaries.

17 ‘‘(f) IMPROVEMENTS.—The Secretary shall make im18 provements to existing roadways selected for truck trans19 port between Caliente, Nevada, and the interim storage

20 facility site as necessary to facilitate year-round safe

21 transport of spent nuclear fuel and high-level radioactive

22 waste.

23 ‘‘(g) HEAVY HAUL TRANSPORTATION ROUTE.—

24 ‘‘(1) DESIGNATION OF ROUTE.—The route for

25 the heavy haul truck transport of spent nuclear fuel
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1 and high-level radioactive waste shall be as des2 ignated in the map dated July 21, 1997 (referred to

3 as ‘Heavy Haul Route’) and on file with the Sec4 retary.

5 ‘‘(2) TRUCK TRANSPORTATION.—The Secretary,

6 in consultation with the State of Nevada and appro7 priate counties and local jurisdictions, shall establish

8 reasonable terms and conditions pursuant to which

9 the Secretary may utilize heavy haul truck transport

10 to move spent nuclear fuel and high-level radioactive

11 waste from Caliente, Nevada, to the interim storage

12 facility site.

13 ‘‘(3) IMPROVEMENTS AND MAINTENANCE.—

14 Notwithstanding any other law—

15 ‘‘(A) the Secretary shall be responsible for

16 any incremental costs related to improving or

17 upgrading Federal, State, and local roads with18 in the heavy haul transportation route utilized,

19 and performing any maintenance activities on

20 such roads, as necessary, to facilitate year21 round safe transport of spent nuclear fuel and

22 high-level radioactive waste; and

23 ‘‘(B) any such improvement, upgrading, or

24 maintenance activity shall be funded solely by
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1 appropriations made pursuant to sections 401

2 and 403 of this Act.

3 ‘‘(h) LOCAL GOVERNMENT INVOLVEMENT.—The

4 Commission shall enter into a Memorandum of Under5 standing with the City of Caliente and Lincoln County,

6 Nevada, to provide advice to the Commission regarding

7 intermodal transfer and to facilitate on-site representa8 tion. Reasonable expenses of such representation shall be

9 paid by the Secretary.

10 ‘‘SEC. 202. TRANSPORTATION PLANNING.

11 ‘‘(a) TRANSPORTATION READINESS.—The

12 Secretary—

13 ‘‘(1) shall take such actions as are necessary

14 and appropriate to ensure that the Secretary is able

15 to transport safely spent nuclear fuel and high-level

16 radioactive waste from Department of Energy sites

17 and the sites designated by the contract holders to

18 mainline transportation facilities and from the main19 line transportation facilities to the interim storage

20 facility or repository, using routes that minimize, to

21 the maximum practicable extent and consistent with

22 Federal requirements governing transportation of

23 hazardous materials, transportation of spent nuclear

24 fuel and high-level radioactive waste through popu25 lated areas; and
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1 ‘‘(2) as soon as is practicable following the en2 actment of this Act, the Secretary shall, in consulta3 tion with the Secretary of Transportation and af4 fected States and tribes, and after an opportunity

5 for public comment, develop and implement a com6 prehensive management plan that ensures safe

7 transportation of spent nuclear fuel and high-level

8 radioactive waste from Department of Energy sites

9 and the sites designated by the contract holders to

10 the interim storage facility site.

11 ‘‘(b) TRANSPORTATION PLANNING.—

12 ‘‘(1) IN GENERAL.—In conjunction with the de13 velopment of the comprehensive management plan in

14 accordance with subsection (a), the Secretary shall

15 update and modify, as necessary, the Secretary’s

16 transportation institutional plans to ensure that in17 stitutional issues are addressed and resolved on a

18 schedule to support the commencement of transpor19 tation of spent nuclear fuel and high-level radio20 active waste to the interim storage facility no later

21 than June 30, 2003. Among other things, such plan22 ning shall provide a schedule and process for ad23 dressing and implementing, as necessary, transpor24 tation routing plans, transportation contracting

25 plans, transportation training in accordance with
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1 section 203, public education regarding transpor2 tation of spent nuclear fuel and high-level radio3 active waste, and transportation tracking programs.

4 ‘‘(c) SHIPPING CAMPAIGN TRANSPORTATION

5 PLANS.—

6 ‘‘(1) IN GENERAL.—The Secretary shall develop

7 a transportation plan for the implementation of each

8 shipping campaign (as that term is defined by the

9 Secretary) from each site at which spent nuclear fuel

10 or high-level nuclear waste is stored, consistent with

11 the principles and procedures stated in Department

12 of Energy Order No. 460.2 and the Program Man13 ager’s Guide.

14 ‘‘(2) REQUIREMENTS.—A shipping campaign

15 transportation plan shall—

16 ‘‘(A) be fully integrated with State and

17 tribal government notification, inspection, and

18 emergency response plans along the preferred

19 shipping route or State-designated alternative

20 route identified under subsection (d) (unless the

21 Secretary certifies in the plan that the State or

22 tribal government has failed to cooperate in

23 fully integrating the shipping campaign trans24 portation plan with the applicable State or trib25 al government plans); and
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1 ‘‘(B) be consistent with the principles and

2 procedures developed for the safest transpor3 tation of transuranic waste to the Waste Isola4 tion Pilot Plant (unless the Secretary certifies

5 in the plan that a specific principle or proce6 dure is inconsistent with a provision of this

7 Act).

8 ‘‘(d) SAFE SHIPPING ROUTES AND MODES.—

9 ‘‘(1) IN GENERAL.—The Secretary shall evalu10 ate the relative safety of the proposed shipping

11 routes and shipping modes from each shipping origin

12 to the interim storage facility or repository com13 pared with the safety of alternative modes and

14 routes.

15 ‘‘(2) CONSIDERATIONS.—The evaluation under

16 paragraph (1) shall be conducted in a manner con17 sistent with regulations promulgated by the Sec18 retary of Transportation under authority of chapter

19 51 of title 49, United States Code, and the Nuclear

20 Regulatory Commission under authority of the

21 Atomic Energy Act of 1954 (42 U.S.C. 2011 et

22 seq.), as applicable.

23 ‘‘(3) DESIGNATION OF PREFERRED SHIPPING

24 ROUTE AND MODE.—Following the evaluation under

25 paragraph (1), the Secretary shall designate pre-
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1 ferred shipping routes and modes from each civilian

2 nuclear power reactor and Department of Energy fa3 cility that stores spent nuclear fuel or other high4 level defense waste.

5 ‘‘(4) SELECTION OF PRIMARY SHIPPING

6 ROUTE.—If the Secretary designates more than 1

7 preferred route under paragraph (3), the Secretary

8 shall select a primary route after considering, at a

9 minimum, historical accident rates, population, sig10 nificant hazards, shipping time, shipping distance,

11 and mitigating measures such as limits on the speed

12 of shipments.

13 ‘‘(5) USE OF PRIMARY SHIPPING ROUTE AND

14 MODE.—Except in cases of emergency, for all ship15 ments conducted under this Act, the Secretary shall

16 cause the primary shipping route and mode or

17 State-designated alternative route under chapter 51

18 of title 49, United States Code, to be used. If a

19 route is designated as a primary route for any reac20 tor or Department of Energy facility, the Secretary

21 may use that route to transport spent nuclear fuel

22 or high-level radioactive waste from any other reac23 tor or Department of Energy facility.

24 ‘‘(6) TRAINING AND TECHNICAL ASSISTANCE.—

25 Following selection of the primary shipping routes,
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1 or State-designated alternative routes, the Secretary

2 shall focus training and technical assistance under

3 section 203(c) on those routes.

4 ‘‘(7) PREFERRED RAIL ROUTES.—

5 ‘‘(A) REGULATION.—Not later than 1 year

6 after the date of enactment of the Nuclear

7 Waste Policy Act of 1999, the Secretary of

8 Transportation, pursuant to authority under

9 other provisions of law, shall promulgate a reg10 ulation establishing procedures for the selection

11 of preferred routes for the transportation of

12 spent nuclear fuel and nuclear waste by rail.

13 ‘‘(B) INTERIM PROVISION.—During the pe14 riod beginning on the date of enactment of the

15 Nuclear Waste Policy Act of 1999 and ending

16 on the date of issuance of a final regulation

17 under subparagraph (A), rail transportation of

18 spent nuclear fuel and high-level radioactive

19 waste shall be conducted in accordance with

20 regulatory requirements in effect on that date

21 and with this section.

22 ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS.

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

24 fuel or high-level radioactive waste may be transported by
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1 or for the Secretary under this Act except in packages that

2 have been certified for such purposes by the Commission.

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

4 abide by regulations of the Commission regarding advance

5 notification of State and tribal governments prior to trans6 portation of spent nuclear fuel or high-level radioactive

7 waste under this Act.

8 ‘‘(c) TECHNICAL ASSISTANCE.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) STATES AND INDAIN TRIBES.—As

11 provided in paragraph (3), the Secretary shall

12 provide technical assistance and funds to States

13 and Indian tribes for training of public safety

14 officials of appropriate units of State, local, and

15 tribal government. A State shall allocate to

16 local governments within the State a portion of

17 any funds that the Secretary provides to the

18 State for technical assistance and funding.

19 ‘‘(B) EMPLOYEE ORGANIZATIONS.—The

20 Secretary shall provide technical assistance and

21 funds for training directly to nonprofit em22 ployee organizations, and joint labor-manage23 ment organizations that demonstrate experience

24 in implementing and operating worker health

25 and safety training and education programs
26

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1 and demonstrate the ability to reach and in2 volve in training programs target populations of

3 workers who are or will be directly engaged in

4 the transportation of spent nuclear fuel and

5 high-level radioactive waste or emergency re6 sponse or post-emergency response with respect

7 to such transportation.

8 ‘‘(C) TRAINING.—Training under this

9 section—

10 ‘‘(i) shall cover procedures required

11 for safe routine transportation of materials

12 and procedures for dealing with emergency

13 response situations;

14 ‘‘(ii) shall be consistent with any

15 training standards established by the Sec16 retary of Transportation under subsection

17 (h); and

18 ‘‘(iii) shall include—

19 ‘‘(I) a training program applica20 ble to persons responsible for respond21 ing to emergency situations occurring

22 during the removal and transportation

23 of spent nuclear fuel and high-level

24 radioactive waste;
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1 ‘‘(II) instruction public safety of2 ficers procedures for the command

3 and control of the response to any in4 cident involving the waste; and

5 ‘‘(III) instruction of radiological

6 protection and emergency medical per7 sonnel in procedures for responding to

8 an incident involving spent nuclear

9 fuel or high-level radioactive waste

10 being transported.

11 ‘‘(2) NO SHIPMENTS IF NO TRAINING.—

12 ‘‘(A) There will be no shipments of spent

13 nuclear fuel and high-level radioactive waste

14 through the jurisdiction of any State or the res15 ervation lands of any Indian tribe eligible for

16 grants under paragraph (3)(B) until the Sec17 retary has made a determination that personnel

18 in all State, local, and tribal jurisdictions on

19 primary and alternative shipping routes have

20 met acceptable standards of training for emer21 gency responses to accidents involving spent nu22 clear fuel and high-level nuclear waste, as es23 tablished by the Secretary, and unless technical

24 assistance and funds to implement procedures

25 for the safe routine transportation and for deal-
28

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1 ing with emergency response situations under

2 paragraph (1)(A) have been available to a State

3 or Indian tribe for at least 3 years prior to any

4 shipment: Provided, however, That the Sec5 retary may ship spent nuclear fuel and high6 level radioactive waste if technical assistance or

7 funds have not been made available due to—

8 ‘‘(i) an emergency, including the sud9 den and unforeseen closure of a highway or

10 rail line or the sudden and unforeseen need

11 to remove spent fuel from a reactor be12 cause of an accident, or

13 ‘‘(ii) the refusal to accept technical as14 sistance by a State or Indian tribe, or

15 ‘‘(iii) fraudulent actions which violate

16 Federal law governing the expenditure of

17 Federal funds.

18 ‘‘(B) In the event the Secretary is required

19 to transport spent fuel or high-level radioactive

20 waste through a jurisdiction prior to 3 years

21 after the provision of technical assistance or

22 funds to such jurisdiction, the Secretary shall,

23 prior to such shipment, hold meetings in each

24 State and Indian reservation through which the

25 shipping route passes in order to present initial
29

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1 shipment plans and receive comments. Depart2 ment of Energy personnel trained in emergency

3 response shall escort each shipment. Funds and

4 all Department of Energy training resources

5 shall be made available to States and Indian

6 tribes along the shipping route no later than

7 three months prior to the commencement of

8 shipments; Provided, however, That in no event

9 shall such shipments exceed 1,000 metric tons

10 per year: Provided further, That no such ship11 ments shall be conducted more than four years

12 after the effective date of the Nuclear Waste

13 Policy Act of 1999.

14 ‘‘(3) GRANTS.—

15 ‘‘(A) IN GENERAL.—To implement this

16 section, grants shall be made under section

17 401(d).

18 ‘‘(B) GRANTS FOR DEVELOPMENT OF

19 PLANS.—

20 ‘‘(i) IN GENERAL.—The Secretary

21 shall make a grant of at least $150,000 to

22 each State through the jurisdiction of

23 which and each federally recognized Indian

24 tribe through the reservation lands of

25 which a shipment of spent nuclear fuel or
30

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1 high-level radioactive waste will be made

2 under this Act for the purpose of devel3 oping a plan to prepare for such ship4 ments.

5 ‘‘(ii) LIMITATION.—A grant shall be

6 made under clause (i) only to a State or a

7 federally recognized Indian tribe that has

8 the authority to respond to incidents in9 volving shipments of hazardous material.

10 ‘‘(C) GRANTS FOR IMPLEMENTATION OF

11 PLANS.—

12 ‘‘(i) IN GENERAL.—Annual implemen13 tation grants shall be made to States and

14 Indian tribes that have developed a plan to

15 prepare for shipments under this Act

16 under subparagraph (B). The Secretary, in

17 submitting the annual departmental budg18 et to Congress for funding of implementa19 tion grants under this section, shall be

20 guided by the State and tribal plans devel21 oped under subparagraph (B). As part of

22 the Department of Energy’s annual budget

23 request, the Secretary shall report to Con24 gress on—
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1 ‘‘(I) the funds requested by

2 States and federally recognized Indian

3 tribes to implement this subsection;

4 ‘‘(II) the amount requested by

5 the President for implementation; and

6 ‘‘(III) the rationale for any dis7 crepancies between the amounts re8 quested by States and federally recog9 nized Indian tribes and the amounts

10 requested by the President.

11 ‘‘(ii) ALLOCATION.—Of funds avail12 able for grants under this subparagraph

13 for any fiscal year—

14 ‘‘(I) 25 percent shall be allocated

15 by the Secretary to ensure minimum

16 funding and program capability levels

17 in all States and Indian tribes based

18 on plans developed under subpara19 graph (B); and

20 ‘‘(II) 75 percent shall be allo21 cated to States and Indian tribes in

22 proportion to the number of shipment

23 miles that are projected to be made in

24 total shipments under this Act

25 through each jurisdiction.
32

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1 ‘‘(4) AVAILABILITY OF FUNDS FOR SHIP2 MENTS.—Funds under paragraph (1) shall be pro3 vided for shipments to an interim storage facility or

4 repository, regardless of whether the interim storage

5 facility or repository is operated by a private entity

6 or by the Department of Energy.

7 ‘‘(5) MINIMIZING DUPLICATION OF EFFORT

8 AND EXPENSES.—The Secretaries of Transportation,

9 Labor, and Energy, Directors of the Federal Emer10 gency Management Agency and National Institute of

11 Environmental Health Sciences, the Nuclear Regu12 latory Commission, and Administrator of the Envi13 ronmental Protection Agency shall review periodi14 cally, with the head of each department, agency, or

15 instrumentality of the Government, all emergency re16 sponse and preparedness training programs of that

17 department, agency, or instrumentality to minimize

18 duplication of effort and expense of the department,

19 agency, or instrumentality in carrying out the pro20 grams and shall take necessary action to minimize

21 duplication.

22 ‘‘(d) PUBLIC EDUCATION.—The Secretary shall con23 duct a program to educate the public regarding the trans24 portation of spent nuclear fuel and high-level radioactive

25 waste, with an emphasis on those States, units of local
33

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1 government, and Indian tribes through whose jurisdiction

2 the Secretary plans to transport substantial amounts of

3 spent nuclear fuel or high-level radioactive waste.

4 ‘‘(e) USE OF PRIVATE CARRIERS.—The Secretary, in

5 providing for the transportation of spent nuclear fuel and

6 high-level radioactive waste under this Act, shall contract

7 with private industry to the fullest extent possible in each

8 aspect of such transportation. The Secretary shall use di9 rect Federal services for such transportation only upon a

10 determination by the Secretary of Transportation, in con11 sultation with the Secretary, that private industry is un12 able or unwilling to provide such transportation services

13 at a reasonable cost.

14 ‘‘(f) COMPLIANCE WITH TRANSPORTATION REGULA15 TIONS.—Any person that transports spent nuclear fuel or

16 high-level radioactive waste under the Nuclear Waste Pol17 icy Act of 1999, pursuant to a contract with the Secretary,

18 shall comply with all requirements governing such trans19 portation issued by the Federal, State and local govern20 ments, and Indian tribes, in the same way and to the same

21 extent that any person engaging in that transportation

22 that is in or affects interstate commerce must comply with

23 such requirements, as required by section 5126 of title 49,

24 United States Code.
34

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1 ‘‘(g) EMPLOYEE PROTECTION.—Any person engaged

2 in the interstate commerce of spent nuclear fuel or high3 level radioactive waste under contract to the Secretary

4 pursuant to this Act shall be subject to and comply fully

5 with the employee protection provisions of section 20109

6 of title 49, United States Code (in the case of employees

7 of railroad carriers) and section 31105 of title 49, United

8 States Code (in the case of employees operating commer9 cial motor vehicles), or the Commission (in the case of all

10 other employees).

11 ‘‘(h) TRAINING STANDARD.—

12 ‘‘(1) No later than 12 months after the date of

13 enactment of the Nuclear Waste Policy Act of 1999,

14 the Secretary of Transportation, pursuant to author15 ity under other provisions of law, in consultation

16 with the Secretary of Labor and the Commission,

17 shall promulgate a regulation establishing training

18 standards applicable to workers directly involved in

19 the removal and transportation of spent nuclear fuel

20 and high-level radioactive waste. The regulation shall

21 specify minimum training standards applicable to

22 workers, including managerial personnel. The regu23 lation shall require that the employer possess evi24 dence of satisfaction of the applicable training

25 standard before any individual may be employed in
35

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1 the removal and transportation of spent nuclear fuel

2 and high-level radioactive waste.

3 ‘‘(2) SECRETARY OF TRANSPORTATION.—If the

4 Secretary of Transportation determines, in promul5 gating the regulation required by paragraph (1),

6 that existing Federal regulations establish adequate

7 training standards for workers, then the Secretary

8 of Transportation can refrain from promulgating ad9 ditional regulations with respect to worker training

10 in such activities. The Secretary of Transportation

11 and the Commission shall use their Memorandum of

12 Understanding to ensure coordination of worker

13 training standards and to avoid duplicative regula14 tion.

15 ‘‘(3) TRAINING STANDARDS CONTENT.—If

16 training standards are required to be promulgated

17 under paragraph (1), such standards shall, among

18 other things deemed necessary and appropriate by

19 the Secretary of Transportation, provide for—

20 ‘‘(A) a specified minimum number of hours

21 of initial off site instruction and actual field ex22 perience under the direct supervision of a

23 trained, experienced supervisor;

24 ‘‘(B) a requirement that onsite managerial

25 personnel receive the same training as workers,
36

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1 and a minimum number of additional hours of

2 specialized training pertinent to their manage3 rial responsibilities; and

4 ‘‘(C) a training program applicable to per5 sons responsible for responding to and cleaning

6 up emergency situations occurring during the

7 removal and transportation of spent nuclear

8 fuel and high-level radioactive waste.

9 The Secretary of Transportation may specify an ap10 propriate combination of knowledge, skills, and prior

11 training to fulfill the minimum number of hours re12 quirements of subparagraphs (A) and (B).

13 ‘‘(4) EMERGENCY RESPONDER TRAINING

14 STANDARDS.—The training standards for persons

15 responsible for responding to emergency situations

16 occurring during the removal and transportation of

17 spent nuclear and high-level radioactive waste shall,

18 in accordance with existing regulations, ensure their

19 ability to protect nearby persons, property, or the

20 environment from the effects of accidents involving

21 spent nuclear fuel and high-level radioactive waste.

22 ‘‘(5) AUTHORIZATION.—There is authorized to

23 be appropriated to the Secretary of Transportation,

24 from general revenues, such sums as may be nec25 essary to perform his duties under this subsection.
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1 ‘‘SEC. 204. INTERIM STORAGE.

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

3 construct, and operate a facility for the interim storage

4 of spent nuclear fuel and high-level radioactive waste at

5 the interim storage facility site. The interim storage facil6 ity shall be subject to licensing pursuant to the Atomic

7 Energy Act of 1954 (42 U.S.C. 2011 et seq.) in accord8 ance with the Commission’s regulations governing the li9 censing of independent spent fuel storage installations and

10 shall commence operation by June 30, 2003. The Commis11 sion’s regulations shall be amended by the Commission as

12 necessary to implement the provisions of this Act. The

13 Commission may amend part 72 of title 10, Code of Fed14 eral Regulations with regard to facilities not covered by

15 this Act as deemed appropriate by the Commission.

16 ‘‘(b) DESIGN.—The design for the interim storage fa17 cility shall provide for the use of storage technologies

18 which are licensed, approved, or certified by the Commis19 sion, to ensure compatibility between the interim storage

20 facility and contract holders’ spent nuclear fuel and facili21 ties, and to facilitate the Secretary’s ability to meet the

22 Secretary’s obligations under this Act.

23 ‘‘(c) LICENSE APPLICATION.—No later than 12

24 months after the date of enactment of this Act, the Sec25 retary shall submit a license application and an environ26 mental report in accordance with applicable regulations
38

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1 (subpart B of part 72 of title 10, Code of Federal Regula2 tions, and subpart A of part 51 of title 10, Code of Fed3 eral Regulations, respectively). The license application—

4 ‘‘(1) shall be for a term of 40 years, and shall

5 be renewable for additional terms upon application

6 of the Secretary; and

7 ‘‘(2) shall be for a quantity of spent nuclear

8 fuel or high-level radioactive waste equal to the

9 quantity that would be accepted under section 508

10 prior to the date that the Secretary estimates, in the

11 license application, to be the date on which the Sec12 retary will receive and store spent nuclear fuel and

13 high-level radioactive waste at the permanent reposi14 tory: Provided, That the quantity shall not exceed

15 30,000 MTU.

16 ‘‘(d) ADDITIONAL AUTHORITY.—

17 ‘‘(1) CONSTRUCTION.—For the purpose of com18 plying with subsection (a), the Secretary may com19 mence site data acquisition activities and design ac20 tivities necessary to complete license application

21 under subsection (c) of this section. The Secretary

22 shall not commence construction of an interim stor23 age facility (which shall mean taking actions within

24 the meaning of the term ‘commencement of con25 struction’ contained in the Commission’s regulations
39

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1 in section 72.3 of title 10, Code of Federal Regula2 tions) before the Commission, or an appropriate offi3 cer or Board of the Commission, makes the finding

4 under section 72.40(b) of title 10, Code of Federal

5 Regulations.

6 ‘‘(2) FACILITY USE.—Notwithstanding any

7 other applicable licensing requirement, the Secretary

8 may utilize facilities owned by the Federal Govern9 ment on the date of enactment of the Nuclear Waste

10 Policy Act of 1999 and located within the bound11 aries of the interim storage site, in connection with

12 addressing any imminent and substantial

13 endangerment to public health and safety at the in14 terim storage facility site, prior to receiving a license

15 from the Commission for the interim storage facility,

16 for purposes of fulfilling requirements for

17 retrievability during the first five years of operation

18 of the interim storage facility.

19 ‘‘(e) LICENSE AMENDMENTS.—

20 ‘‘(1) The Secretary may seek such amendments

21 to the license for the interim storage facility as the

22 Secretary may deem appropriate, including, but not

23 limited to, amendments to use new storage tech24 nologies licensed by the Commission or to respond to

25 changes in Commission regulations.
40

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1 ‘‘(2) After the Commission issues a license to

2 dispose of spent nuclear fuel and high-level radio3 active waste in the permanent repository, the Sec4 retary may seek such amendments to the license for

5 the interim storage facility as are necessary to en6 sure the efficient operation of the integrated man7 agement system.

8 ‘‘(f) ENVIRONMENTAL IMPACT STATEMENT.—

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

10 Commission to grant or deny a license application

11 for the interim storage facility shall be accompanied

12 by an Environmental Impact Statement prepared

13 under section 102(2)(C) of the National Environ14 mental Policy Act of 1969 (42 U.S.C. 4332(2)(C))

15 the Commission’s regulations, and section 207 of

16 this Act. In preparing such Environmental Impact

17 Statement, the Commission—

18 ‘‘(A) shall assume that no more than

19 30,000 MTU will be stored at the facility; and

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

21 transportation of spent nuclear fuel and high22 level radioactive waste to the interim storage fa23 cility in a generic manner.

24 ‘‘(g) WASTE CONFIDENCE.—The Secretary’s obliga25 tion to construct and operate the interim storage facility
41

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1 in accordance with this section and the Secretary’s obliga2 tion to develop an integrated management system in ac3 cordance with the provisions of this Act, shall provide suf4 ficient and independent grounds for any further findings

5 by the Commission of reasonable assurance that spent nu6 clear fuel and high-level radioactive waste will be disposed

7 of safely and on a timely basis for purposes of the Com8 mission’s decision to grant or amend any license to operate

9 any civilian nuclear power reactor under the Atomic En10 ergy Act of 1954 (42 U.S.C. 2011 et seq.).

11 ‘‘(h) 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

16 Policy Act of 1982, as in effect prior to the date of the

17 enactment of this Act. The establishment of such proce18 dures shall not preclude the licensing, under any applica19 ble procedures or rules of the Commission in effect prior

20 to such establishment, of any technology for the storage

21 of civilian spent nuclear fuel at the site of any civilian nu22 clear power reactor.

23 ‘‘(i) FINAL DECISION.—The Commission shall issue

24 a final decision granting or denying a license for an in-
42

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1 terim storage facility not later than 32 months after the

2 date of submittal of the application for such license.

3 ‘‘(j) AMENDMENTS TO REGULATION.—No later than

4 32 months following the date of enactment of the Nuclear

5 Waste Policy Act of 1999, the Commission shall make any

6 amendments necessary to the definition of ‘spent nuclear

7 fuel’ in section 72.3 of title 10, Code of Federal Regula8 tions, to allow an interim storage facility to accept (subject

9 to such conditions as the Commission may require in a

10 subsequent license)—

11 ‘‘(1) spent nuclear fuel and associated nuclear

12 materials from research reactors;

13 ‘‘(2) spent nuclear fuel from naval reactors; and

14 ‘‘(3) spent nuclear fuel and associated nuclear

15 materials and high-level radioactive waste from

16 atomic energy defense activities. Following any such

17 amendments, the Secretary shall seek authority, as

18 necessary, to store such fuel and waste at the in19 terim storage facility.

20 None of the activities carried out pursuant to this para21 graph shall delay, or otherwise affect, the development, li22 censing, construction, or operation of the interim storage

23 facility.

24 ‘‘SEC. 205. PERMANENT DISPOSAL.

25 ‘‘(a) REPOSITORY CHARACTERIZATION.—
43

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1 ‘‘(1) CHARACTERIZATION OF THE YUCCA MOUN2 TAIN SITE.—The Secretary shall carry out site char3 acterization activities at the Yucca Mountain site in

4 accordance with the Secretary’s program approach

5 to site characterization. Such activities shall be lim6 ited to only those activities which the Secretary con7 siders necessary to provide the data required for

8 evaluation of the suitability of such site for an appli9 cation to be submitted to the Commission for a con10 struction authorization for a repository at such site,

11 and for compliance with the National Environmental

12 Policy Act of 1969 (42 U.S.C. 4321 et seq.), con13 sistent with this Act.

14 ‘‘(2) GUIDELINES.—The Secretary shall amend

15 10 C.F.R. Part 960 to base any conclusions regard16 ing site suitability, to the extent practicable, on an

17 assessment of total system performance of the repos18 itory.

19 ‘‘(b) ENVIRONMENTAL IMPACT STATEMENTS.—

20 ‘‘(1) CONSTRUCTION AND OPERATION.—With

21 respect to the Secretary’s decision to file for a li22 cense application under subsection (c), only the con23 struction and operation of the repository shall be

24 considered a major Federal action significantly af25 fecting the quality of the human environment for
44

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1 purposes of the National Environmental Policy Act

2 of 1969 (42 U.S.C. 4321 et seq.). The Secretary

3 shall prepare an environmental impact statement on

4 only the construction and operation of the repository

5 and shall submit such statement to the Commission

6 with the license application with the license applica7 tion to be filed under subsection (c).

8 ‘‘(2) CLOSURE.—With respect to the Sec9 retary’s decision to file for license amendment under

10 subsection (d), the closure of the repository shall be

11 considered a major Federal action significantly af12 fecting the quality of the human environment for

13 purposes of the National Environmental Policy Act

14 of 1969 (42 U.S.C. 4321 et seq.). The Secretary

15 shall prepare an environmental impact statement on

16 the closure of the repository and shall submit such

17 statement to the Commission with the license appli18 cation to be filed under subsection (d).

19 ‘‘(c) LICENSE APPLICATION.—

20 ‘‘(1) SCHEDULE.—No later than October 31,

21 2001, the Secretary shall apply to the Commission

22 for authorization to construct a repository at the

23 Yucca Mountain site.

24 ‘‘(2) MAXIMIZING CAPACITY.—In developing an

25 application for authorization to construct the reposi-
45

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1 tory, the Secretary shall seek to maximize the capac2 ity of the repository.

3 ‘‘(3) DECISION NOT TO APPLY FOR A LICENSE

4 FOR THE YUCCA MOUNTAIN SITE.—If, at any time

5 prior to October 31, 2001, the Secretary determines

6 that the Yucca Mountain site cannot satisfy the

7 Commission’s regulations applicable to the licensing

8 of a geologic repository, the Secretary shall termi9 nate site characterization activities at the site, notify

10 Congress and the State of Nevada of the Secretary’s

11 determination and the reasons therefor, and rec12 ommend to Congress not later than 6 months after

13 such determination further actions, including the en14 actment of legislation, that may be needed to man15 age the Nation’s spent nuclear fuel and high-level

16 radioactive waste.

17 ‘‘(d) LICENSING.—Within one year of the date of en18 actment of this Act, the Commission shall amend its regu19 lations governing the disposal of spent nuclear fuel and

20 high-level radioactive waste in geologic repositories to the

21 extent necessary to comply with this Act. Subject to sub22 section (c), such regulations shall provide for the licensing

23 of the repository according to the following procedures:

24 ‘‘(1) CONSTRUCTION AUTHORIZATION.—The

25 Commission shall grant the Secretary a construction
46

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1 authorization for the repository upon determining

2 that there is reasonable assurance that spent nuclear

3 fuel and high-level radioactive waste can be disposed

4 of in the repository—

5 ‘‘(A) in conformity with the Secretary’s ap6 plication, the provisions of this Act, and the

7 regulations of the Commission;

8 ‘‘(B) with adequate protection of the

9 health and safety of the public; and

10 ‘‘(C) consistent with the common defense

11 and security.

12 ‘‘(2) LICENSE.—Following substantial comple13 tion of construction and the filing of any additional

14 information needed to complete the license applica15 tion, the Commission shall issue a license to dispose

16 of spent nuclear fuel and high-level radioactive waste

17 in the repository if the Commission determines that

18 the repository has been constructed and will

19 operate—

20 ‘‘(A) in conformity with the Secretary’s ap21 plication, the provisions of this Act, and the

22 regulations of the Commission;

23 ‘‘(B) with adequate protection of the

24 health and safety of the public; and
47

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1 ‘‘(C) consistent with the common defense

2 and security.

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

4 fuel and high-level radioactive waste in the reposi5 tory and collecting sufficient confirmatory data on

6 repository performance to reasonably confirm the

7 basis for repository closure consistent with the Com8 mission’s regulations applicable to the licensing of a

9 repository, as modified in accordance with this Act,

10 the Secretary shall apply to the Commission to

11 amend the license to permit permanent closure of

12 the repository. The Commission shall grant such li13 cense amendment upon finding that there is reason14 able assurance that the repository can be perma15 nently closed—

16 ‘‘(A) in conformity with the Secretary’s ap17 plication to amend the license, the provisions of

18 this Act, and the regulations of the Commis19 sion;

20 ‘‘(B) with adequate protection of the

21 health and safety of the public; and

22 ‘‘(C) consistent with the common defense

23 and security.

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

25 those actions necessary and appropriate at the
48

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1 Yucca Mountain site to prevent any activity at the

2 site subsequent to repository closure that poses an

3 unreasonable risk of—

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

5 or geologic barriers: or

6 ‘‘(B) increasing the risk of the repository

7 beyond the standard established in subsection

8 (f)(1).

9 ‘‘(5) APPLICATION OF HEALTH AND SAFETY

10 STANDARDS.—The licensing determination of the

11 Commission with respect to risk to the health and

12 safety of the public under paragraphs (1), (2), or (3)

13 of this subsection shall be based solely on a finding

14 whether the repository can be operated in conform15 ance with the overall performance standard in sub16 section (f)(1) of this section, applied in accordance

17 with the provisions of subsection (f)(2) of this sec18 tion and the standards established by the Adminis19 trator under section 801 of the Energy Policy Act

20 of 1992 (42 U.S.C. 10141 note).

21 ‘‘(e) MODIFICATION OF THE COMMISSION’S REPOSI22 TORY LICENSING REGULATIONS.—The Commission shall

23 amend its regulations governing the disposal of spent nu24 clear fuel and high-level radioactive waste (10 CFR part

25 60), as necessary, to be consistent with the provisions of
49

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1 this Act. The Commission’s regulations shall provide for

2 the modification of the repository licensing procedure in

3 subsection (d) of this section, as appropriate, in the event

4 that the Secretary seeks a license to permit the emplace5 ment in the repository, on a retrievable basis, of spent nu6 clear fuel or high-level radioactive waste as is necessary

7 to provide the Secretary with sufficient confirmatory data

8 on repository performance to reasonably confirm the basis

9 for repository closure consistent with applicable regula10 tions.

11 ‘‘(f) REPOSITORY LICENSING STANDARDS AND ADDI12 TIONAL PROCEDURES.—In complying with the require13 ments of section 801 of the Energy Policy Act of 1992

14 (42 U.S.C. 10141 note), the Administrator shall achieve

15 consistency with the findings and recommendations of the

16 National Academy of Sciences, and the Commission shall

17 amend its regulations with respect to licensing standards

18 for the repository, as follows:

19 ‘‘(1) ESTABLISHMENT OF OVERALL SYSTEM

20 PERFORMANCE STANDARD.—

21 ‘‘(A) RISK STANDARD.—The standard for

22 protection of the public from releases of radio23 active material or radioactivity from the reposi24 tory shall limit the lifetime risk, to the average

25 member of the critical group, of premature
50

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1 death from cancer due to such releases to ap2 proximately, but not greater than, 1 in 1000.

3 The comparison to this standard shall use the

4 upper bound of the 95-percent confidence inter5 val for the expected value of lifetime risk to the

6 average member of the critical group.

7 ‘‘(B) FORM OF STANDARD.—The standard

8 promulgated by the Administrator under section

9 801 of the Energy Policy Act of 1992 (42

10 U.S.C. 10141 note) shall be an overall system

11 performance standard. The Administrator shall

12 not promulgate a standard for the repository in

13 the form of release limits or contaminant levels

14 for individual radionuclides discharged from the

15 repository.

16 ‘‘(C) ASSUMPTIONS USED IN FORMU17 LATING AND APPLYING THE STANDARD.—In

18 promulgating the standard under section 801 of

19 the Energy Policy Act of 1992 (42 U.S.C.

20 10141 note), the Administrator shall consult

21 with the Secretary of Energy and the Commis22 sion. The Commission, after consultation with

23 the Secretary, shall specify, by rule, values for

24 all the assumptions considered necessary by the

25 Commission to apply the standard in a licensing
51

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1 proceeding for the repository before the Com2 mission, including the reference biosphere and

3 size and characteristics of the critical group.

4 ‘‘(D) DEFINITION.—As used in this sub5 section, the term ‘critical group’ means a small

6 group of people that is—

7 ‘‘(i) representative of individuals ex8 pected to be at highest risk of premature

9 death from cancer as a result of discharges

10 of radionuclides from the permanent repos11 itory;

12 ‘‘(ii) relatively homogeneous with re13 spect to expected radiation dose, which

14 shall mean that there shall be no more

15 than a factor of ten in variation in indi16 vidual dose among members of the group;

17 and

18 ‘‘(iii) selected using reasonable as19 sumptions—concerning lifestyle, occupa20 tion, diet and eating and drinking habits,

21 technological sophistication, or other rel22 evant social and behavior factors—that are

23 based on reasonably available information,

24 when the group is defined, on current in25 habitants and conditions in the area of 50-
52

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1 mile radius surrounding Yucca Mountain

2 contained within a line drawn 50 miles be3 yond each of the boundaries of the Yucca

4 Mountain site.

5 ‘‘(2) APPLICATION OF OVERALL SYSTEM PER6 FORMANCE STANDARD.—The Commission shall issue

7 the construction authorization, license, or license

8 amendment, as applicable, if it finds reasonable as9 surance that for the first 10,000 years following the

10 closure of the repository, the overall system perform11 ance standard will be met based on a probabilistic

12 evaluation, as appropriate, of compliance with the

13 overall system performance standard in paragraph

14 (1).

15 ‘‘(3) FACTORS.—For purposes of establishing

16 the overall system performance standard in para17 graph (1) and making the finding in paragraph

18 (2)—

19 ‘‘(A) the Administrator and the Commis20 sion shall not consider climate regimes that are

21 substantially different from those that have oc22 curred during the previous 100,000 years at the

23 Yucca Mountain site;

24 ‘‘(B) the Administrator and the Commis25 sion shall not consider catastrophic events
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1 where the health consequences of individual

2 events themselves to the critical group can be

3 reasonably assumed to exceed the health con4 sequences due to impact of the events on repos5 itory performance; and

6 ‘‘(C) the Administrator and the Commis7 sion shall not base the standard in paragraph

8 (1) or the finding in paragraph (2) on scenarios

9 involving human intrusion into the repository

10 following repository closure.

11 ‘‘(4) REVIEW.—

12 ‘‘(A) Any standard promulgated by the Ad13 ministrator under section 801 of the Energy

14 Policy Act of 1992 (42 U.S.C. 10141 note)

15 shall be deemed a major rule within the mean16 ing of section 804(2) of title 5, United States

17 Code, and shall be subject to the requirements

18 and procedures pertaining to a major rule in

19 chapter 8 of such title.

20 ‘‘(B) The effective date of the construction

21 authorization for the repository shall be 90 days

22 after the issuance of such authorization by the

23 Commission, unless Congress is standing in ad24 journment for a period of more than one week

25 on the date of issuance, in which case the effec-
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1 tive date shall be 90 days after the date on

2 which Congress is expected to reconvene after

3 such adjournment.

4 ‘‘(5) REPORT TO CONGRESS.—At the time that

5 the Commission issues a construction authorization

6 for the repository, the Commission shall submit a re7 port to Congress—

8 ‘‘(A) analyzing the overall system perform9 ance of the repository through the use of prob10 abilistic evaluations that use best estimate as11 sumptions, data, and methods for the period

12 commencing after the first 10,000 years after

13 repository closure and including the time after

14 repository closure of maximum risk to the crit15 ical group of premature death from cancer due

16 to repository releases;

17 ‘‘(B) analyzing the consequences of a sin18 gle instance of human intrusion into the reposi19 tory, during the first 1,000 years after reposi20 tory closure, on the ability of the repository to

21 perform its intended function.

22 ‘‘(g) ADDITIONAL ACTIONS BY THE COMMISSION.—

23 The Commission shall take final action on the Secretary’s

24 application for construction authorization for the reposi-
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1 tory no later than 40 months after submission of the appli2 cation.

3 ‘‘SEC. 207. COMPLIANCE WITH THE NATIONAL ENVIRON4 MENTAL POLICY ACT.

5 ‘‘(a) PRELIMINARY ACTIVITIES.—Each activity of the

6 Secretary or the President under sections 201, 202, 203,

7 204(b), 204(c), 204(d), and 205(a) shall be considered a

8 preliminary decision making activity. No such activity

9 shall be considered final agency action for purposes of ju10 dicial review. No activity of the Secretary or the President

11 under sections 203, 204, or 205 shall require the prepara12 tion of an environmental impact statement under section

13 102(2)(C) of the National Environmental Policy Act of

14 1969 (42 U.S.C. 4332(2)(C)) or any environmental review

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

16 Act (42 U.S.C. 4332(2)(E) or (F)).

17 ‘‘(b) STANDARDS AND CRITERIA.—The promulgation

18 of standards or criteria in accordance with the provisions

19 of this title, or under section 801 of the Energy Policy

20 Act of 1992 (42 U.S.C. 10141 note), shall not require the

21 preparation of an environmental impact statement under

22 section 102(2)(C) of the National Environmental Policy

23 Act of 1969 (42 U.S.C. 4332(2)(2)) or any environmental

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

25 of such Act (42 U.S.C. 4332(2)(E) or (F)).
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1 ‘‘(c) REQUIREMENTS RELATING TO ENVIRONMENTAL

2 IMPACT STATEMENTS.—

3 ‘‘(1) With respect to the requirements imposed

4 by the National Environmental Policy Act of 1969

5 (42 U.S.C. 4321 et seq.)—

6 ‘‘(A) in any final environmental impact

7 statement under section 204 or 205, the Sec8 retary or the Commission, as applicable, shall

9 not be required to consider the need for a re10 pository or an interim storage facility; the time

11 of initial availability of a repository or interim

12 storage facility; the alternatives to geological

13 disposal or centralized interim storage; or alter14 native sites to the Yucca Mountain site or the

15 interim storage facility site designated under

16 section 204(a); and

17 ‘‘(B) compliance with the procedures and

18 requirements of this title shall be deemed ade19 quate consideration of the need for centralized

20 interim storage or a repository; the time of ini21 tial availability of centralized interim storage or

22 the repository or centralized interim storage;

23 and all alternatives to centralized interim stor24 age and permanent isolation of high-level radio25 active waste and spent nuclear fuel in an in-
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1 terim storage facility or a repository, respec2 tively.

3 ‘‘(2) The final environmental impact statement

4 for the repository prepared by the Secretary and

5 submitted with the license application for a reposi6 tory under section 206(c) shall, to the extent prac7 ticable, be adopted by the Commission in connection

8 with the issuance by the Commission of a construc9 tion authorization and license for such repository.

10 To the extent such statement is adopted by the

11 Commission, such adoption shall be deemed to sat12 isfy the responsibilities of the Commission under the

13 National Environmental Policy Act of 1969 and no

14 further consideration shall be required, except that

15 nothing in this subsection shall affect any inde16 pendent responsibilities of the Commission to protect

17 the public health and safety under the Atomic En18 ergy Act of 1954 (42 U.S.C. 2011 et seq.).

19 ‘‘(d) CONSTRUCTION WITH OTHER LAWS.—Nothing

20 in this Act shall be construed to amend or otherwise de21 tract from the licensing requirements of the Nuclear Reg22 ulatory Commission established in title II of the Energy

23 Reorganization Act of 1974 (42 U.S.C. 5841 et seq.).

24 ‘‘(e) JUDICIAL REVIEW.—Judicial review under sec25 tion 503 of this Act of any environmental impact state-
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1 ment prepared or adopted by the Commission shall be con2 solidated with the judicial review of the licensing decision

3 to which it relates. No court shall have jurisdiction to en4 join issuance of the Commission repository licensing regu5 lations prior to its final decision on review of such regula6 tions.

7 ‘‘SEC. 207. LAND WITHDRAWAL.

8 ‘‘(a) WITHDRAWAL AND RESERVATION.—

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

10 rights, the interim storage facility site and the

11 Yucca Mountain site, as described in subsection (b),

12 are withdrawn from all forms of entry, appropria13 tion, and disposal under the public land laws, includ14 ing the mineral leasing laws, the geothermal leasing

15 laws, the material sale laws, and the mining laws.

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

17 within the interim storage facility site and the Yucca

18 Mountain site managed by the Secretary of the Inte19 rior or any other Federal officer is transferred to the

20 Secretary.

21 ‘‘(3) RESERVATION.—The interim storage facil22 ity site and the Yucca Mountain site are reserved for

23 the use of the Secretary for the construction and op24 eration, respectively, of the interim storage facility
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1 and the repository and activities associated with the

2 purposes of this title.

3 ‘‘(b) LAND DESCRIPTION.—

4 ‘‘(1) BOUNDARIES.—The boundaries depicted

5 on the map entitled ‘Interim Storage Facility Site

6 Withdrawal Map,’ dated July 28, 1995, and on file

7 with the Secretary, are established as the boundaries

8 of the interim storage facility site.

9 ‘‘(2) BOUNDARIES.—The boundaries depicted

10 on the map entitled ‘Yucca Mountain Site With11 drawal Map,’ dated July 28, 1995, and on file with

12 the Secretary, are established as the boundaries of

13 the Yucca Mountain site.

14 ‘‘(3) NOTICE AND MAPS.—Within 6 months of

15 the date of enactment of this Act, the Secretary

16 shall—

17 ‘‘(A) publish in the Federal Register a no18 tice containing a legal description of the interim

19 storage facility site; and

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

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

22 interim storage facility site with the Congress,

23 the Secretary of the Interior, the Governor of

24 Nevada, and the Archivist of the United States.
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1 ‘‘(4) NOTICE AND MAPS.—Concurrent with the

2 Secretary’s application to the Commission for au3 thority to construct the repository, the Secretary

4 shall—

5 ‘‘(A) publish in the Federal Register a no6 tice containing a legal description of the Yucca

7 Mountain site; and

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

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

10 Yucca Mountain site with the Congress, the

11 Secretary of the Interior, the Governor of Ne12 vada, and the Archivist of the United States.

13 ‘‘(5) CONSTRUCTION.—The maps and legal de14 scriptions of the interim storage facility site and the

15 Yucca Mountain site referred to in this subsection

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

17 included in this Act. The Secretary may correct cler18 ical and typographical errors in the maps and legal

19 descriptions and make minor adjustments in the

20 boundaries of the sites.

21 ‘‘SEC. 208. APPLICABILITY.

22 ‘‘Nothing in this Act shall affect the application of

23 chapter 51 of title 49, United States Code; part A of sub24 title V of title 49, United States Code; part B of subtitle
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1 VI of title 49, United States Code; and title 23, United

2 States Code.

3 ‘‘TITLE III—LOCAL RELATIONS

4 ‘‘SEC. 301. ONSITE REPRESENTATIVE.

5 ‘‘The Secretary shall offer to Nye County, Nevada,

6 an opportunity to designate a representative to conduct

7 on-site oversight activities at the Yucca Mountain site.

8 Reasonable expenses of such representatives shall be paid

9 by the Secretary.

10 ‘‘SEC. 302. FINANCIAL ASSISTANCE.

11 ‘‘(a) GRANTS.—The Secretary is authorized to make

12 grants to any affected Indian tribe or affected unit of local

13 government for purposes of enabling the affected Indian

14 tribe or affected unit of local government—

15 ‘‘(1) to review activities taken with respect to

16 the Yucca Mountain site for purposes of determining

17 any potential economic, social, public health and

18 safety, and environmental impacts of the integrated

19 management system on the affected Indian tribe or

20 the affected unit of local government and its resi21 dents;

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

23 under subsection (c);

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

25 evaluation activities with regard to such site;
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1 ‘‘(4) to provide information to residents regard2 ing any activities of the Secretary, or the Commis3 sion with respect to such site; and

4 ‘‘(5) to request information from, and make

5 comments and recommendations to, the Secretary

6 regarding any activities taken with respect to such

7 site.

8 ‘‘(b) SALARY AND TRAVEL EXPENSES.—Any salary

9 or travel expense that would ordinarily be incurred by any

10 affected Indian tribe or affected unit of local government

11 may not be considered eligible for funding under this sec12 tion.

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

14 ‘‘(1) ASSISTANCE REQUESTS.—The Secretary is

15 authorized to offer to provide financial and technical

16 assistance to any affected Indian tribe or affected

17 unit of local government requesting such assistance.

18 Such assistance shall be designed to mitigate the im19 pact on the affected Indian tribe or affected unit of

20 local government of the development of the inte21 grated management system.

22 ‘‘(2) REPORT.—Any affected Indian tribe or af23 fected unit of local government may request assist24 ance under this section by preparing and submitting

25 to the Secretary a report on the economic, social,
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1 public health and safety, and environmental impacts

2 that are likely to result from activities of the inte3 grated management system.

4 ‘‘(d) OTHER ASSISTANCE.—

5 ‘‘(1) TAXABLE AMOUNTS.—In addition to finan6 cial assistance provided under this subsection, the

7 Secretary is authorized to grant to any affected In8 dian tribe or affected unit of local government an

9 amount each fiscal year equal to the amount such

10 affected Indian tribe or affected unit of local govern11 ment, respectively, would receive if authorized to tax

12 integrated management system activities, as such af13 fected Indian tribe or affected unit of local govern14 ment taxes the non-Federal real property and indus15 trial activities occurred within such affected unit of

16 local government.

17 ‘‘(2) ASSISTANCE TO INDIAN TRIBES AND

18 UNITS OF LOCAL GOVERNMENT.—

19 ‘‘(A) PERIOD.—Any affected Indian tribe

20 or affected unit of local government may not re21 ceive any grant under paragraph (1) after the

22 expiration of the 1-year period following the

23 date on which the Secretary notifies the af24 fected Indian tribe or affected unit of local gov-
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1 ernment of the termination of the operation of

2 the integrated management system.

3 ‘‘(B) ACTIVITIES.—Any affected Indian

4 tribe or affected unit of local government may

5 not receive any further assistance under this

6 section if the integrated management system

7 activities at such site are terminated by the

8 Secretary or if such activities are permanently

9 enjoined by any court.

10 ‘‘SEC. 303. BENEFITS AGREEMENTS.

11 ‘‘(a) IN GENERAL.—

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

13 shall offer to enter into separate agreements with

14 Nye County, Nevada, and Lincoln County, Nevada,

15 concerning the integrated management system.

16 ‘‘(2) AGREEMENT CONTENT.—Any agreement

17 shall contain such terms and conditions, including

18 such financial and institutional arrangements, as the

19 Secretary and agreement entity determine to be rea20 sonable and appropriate and shall contain such pro21 visions as are necessary to preserve any right to par22 ticipation or compensation of Nye County, Nevada,

23 and Lincoln County, Nevada.

24 ‘‘(b) AMENDMENT.—An agreement entered into

25 under subsection (a) may be amended only with the mu-
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1 tual consent of the parties to the amendment and termi2 nated only in accordance with subsection (c).

3 ‘‘(c) TERMINATION.—The Secretary shall terminate

4 an agreement under subsection (a) if any element of the

5 integrated management system may not be completed.

6 ‘‘(d) LIMITATION.—Only 1 agreement each for Nye

7 County, Nevada, and Lincoln County, Nevada, may be in

8 effect at any one time.

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

10 under this section are not subject to judicial review.

11 ‘‘SEC. 304. CONTENT OF AGREEMENTS.

12 ‘‘(a) IN GENERAL.—

13 ‘‘(1) SCHEDULE.—The Secretary, subject to ap14 propriations, shall make payments to the party of a

15 benefits agreement under section 303(a) in accord16 ance with the following schedule:

17 ‘‘(A) Annual payments prior to first re18 ceipt of fuel, $2.5 million;

19 ‘‘(B) Upon first spent fuel receipt, $5 mil20 lion; and

21 ‘‘(C) Annual payments after first spent

22 fuel receipt until closure of facility, $5 million.

23 ‘‘(2) DEFINITIONS.—For purposes of this sec24 tion, the term—
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1 ‘‘(A) ‘spent fuel’ means high-level radio2 active waste or spent nuclear fuel; and

3 ‘‘(B) ‘first spent fuel receipt’ does not in4 clude receipt of spent fuel or high-level radio5 active waste for purposes of testing or oper6 ational demonstration.

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

8 prior to first spent receipt under line (A) of the ben9 efit schedule shall be made on the date of execution

10 of the benefits agreement and thereafter on the an11 niversary date of such execution. Annual payments

12 after the first spent fuel receipt until closure of the

13 facility under line (C) of the benefit schedule shall

14 be made on the anniversary date of such first spent

15 fuel receipt.

16 ‘‘(4) REDUCTION.—If the first spent fuel pay17 ment under line (B) is made within 6 months after

18 the last annual payment prior to the receipt of spent

19 fuel under line (A) of the benefit schedule, such first

20 spent fuel payment under line (B) of the benefit

schedule shall be reduced by an amount equal to 1 21 ⁄12

22 of such annual payment under line (A) of the benefit

23 schedule for each full month less than 6 that has not

24 elapsed since the last annual payment under line (A)

25 of the benefit schedule.
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1 ‘‘(b) CONTENTS.—A benefits agreement under sec2 tion 303 shall provide that—

3 ‘‘(1) the parties to the agreement shall share

4 with one another information relevant to the licens5 ing process for the interim storage facility or reposi6 tory, as it becomes available; and

7 ‘‘(2) the affected unit of local government that

8 is party to such agreement may comment on the de9 velopment of the integrated management system and

10 on documents required under law or regulations gov11 erning the effects of the system on the public health

12 and safety.

13 ‘‘(c) CONSTRUCTION.—The signature of the Sec14 retary on a valid benefits agreement under section 303

15 shall constitute a commitment by the United States to

16 make payments in accordance with such agreement.

17 ‘‘SEC. 305. ACCEPTANCE OF BENEFITS.

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

19 benefits provided under this title by any affected unit of

20 local government shall not be deemed to be an expression

21 of consent, express, or denied, either under the Constitu22 tion of the State of Nevada or any law thereof, to the

23 siting of the interim storage facility or repository in the

24 State of Nevada, any provision of such Constitution or

25 laws to the contrary notwithstanding.
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1 ‘‘(b) ARGUMENTS.—Neither the United States nor

2 any other entity may assert any argument based on legal

3 or equitable estoppel, or acquiescence, or waiver, or con4 sensual involvement, in response to any decision by the

5 State of Nevada, to oppose the siting in Nevada of the

6 interim storage facility or repository premised upon or re7 lated to the acceptance or use of benefits under this title.

8 ‘‘(c) LIABILITY.—No liability of any nature shall ac9 crue to be asserted against the State of Nevada, its Gov10 ernor, any official thereof, or any official of any govern11 ment unit thereof, premised solely upon the acceptance or

12 use of benefits under this title.

13 ‘‘SEC. 306. RESTRICTION ON USE OF FUNDS.

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

15 be used—

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

17 action on any manner pending before Congress or a

18 State legislature or for any lobbying activity as pro19 vided in section 1913 of title 18, United States

20 Code;

21 ‘‘(2) for litigation purposes; or

22 ‘‘(3) to support multistate efforts or other coali23 tion-building activities inconsistent with the purposes

24 of this Act.
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1 ‘‘SEC. 307. INITIAL LAND CONVEYANCES.

2 ‘‘(a) CONVEYANCES OF PUBLIC LANDS.—One hun3 dred and twenty days after October 1, 2000, all right, title

4 and interest of the United States in the property described

5 in subsection (b), and improvements thereon, together

6 with all necessary easements for utilities and ingress and

7 egress to such property, including, but not limited to, the

8 right to improve those easements, are conveyed by oper9 ation of law to the County of Nye, County of Lincoln, or

10 the City of Caliente, Nevada, unless the county notifies

11 the Secretary of the Interior or the head of such other

12 appropriate agency in writing within 60 days of such date

13 that it elects not to take title to all or any part of the

14 property, except that any lands conveyed to the County

15 of Nye under this subsection that are subject to a Federal

16 grazing permit or lease or a similar federally granted per17 mit or lease shall be conveyed between 60 and 120 days

18 of the earliest time the Federal agency administering or

19 granting the permit or lease would be able to legally termi20 nate such right under the statutes and regulations existing

21 at the date of enactment of this Act, unless Nye County

22 and the affected holder of the permit or lease negotiate

23 an agreement that allows for an earlier conveyance.

24 ‘‘(b) SPECIAL CONVEYANCES.—Subject to valid exist25 ing rights and notwithstanding any other law, the Sec-
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1 retary of the Interior or the head of the other appropriate

2 agency shall convey:

3 ‘‘(1) To the County of Nye, Nevada, the fol4 lowing public lands depicted on the maps dated Oc5 tober 11, 1995, and on file with the Secretary:

6 ‘‘Map 1: Proposed Pahrump Industrial

7 Park Site;

8 ‘‘Map 2: Proposed Lathrop Wells (Gate

9 510) Industrial Park Site;

10 ‘‘Map 3: Pahrump Landfill Sites;

11 ‘‘Map 4: Amargosa Valley Regional Land12 fill Site;

13 ‘‘Map 5: Amargosa Valley Municipal Land14 fill Site;

15 ‘‘Map 6: Beatty Landfill/Transfer station

16 Site;

17 ‘‘Map 7: Round Mountain Landfill Site;

18 ‘‘Map 8: Tonopah Landfill Site; and

19 ‘‘Map 9: Gabbs Landfill Site.

20 ‘‘(2) To the County of Lincoln, Nevada, the fol21 lowing public lands depicted on the maps dated Oc22 tober 11, 1995, and on file with the Secretary:

23 ‘‘Map 2: Lincoln County, Parcel M, Indus24 trial Park Site, Jointly with the City of

25 Caliente;
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1 ‘‘Map 3: Lincoln County, Parcels F and G,

2 Mixed Use, Industrial Sites;

3 ‘‘Map 4: Lincoln County, Parcels H and I,

4 Mixed Use and Airport Expansion Sites;

5 ‘‘Map 5: Lincoln County, Parcels J and K,

6 Mixed Use, Airport and Landfill Expansion

7 Sites; and

8 ‘‘Map 6: Lincoln County, Parcels E and L,

9 Mixed Use, Airport and Industrial Expansion

10 Sites.

11 ‘‘(3) To the City of Caliente, Nevada, the fol12 lowing public lands depicted on the maps dated Oc13 tober 11, 1995, and on file with the Secretary:

14 ‘‘Map 1: City of Caliente, Parcels A, B, C

15 and D, Community Growth, Landfill Expansion

16 and Community Recreation Sites; and

17 ‘‘Map 2: City of Caliente, parcel M, Indus18 trial Park Site, jointly with Lincoln County.

19 ‘‘(4) To the City of Caliente, Nevada, the fol20 lowing public lands depicted on the maps dated

21 March 15, 1999, and on file with the Secretary:

22 ‘‘Map 1: City of Caliente, Industrial Park

23 Site Expansion.

24 ‘‘(c) CONSTRUCTION.—The maps and legal descrip25 tions of special conveyances referred to in subsection (b)
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1 shall have the same force and effect as if they were in2 cluded in this Act. The Secretary may correct clerical and

3 typographical errors in the maps and legal descriptions

4 and make minor adjustments in the boundaries of the

5 sites.

6 ‘‘(d) EVIDENCE OF TITLE TRANSFER.—Upon the re7 quest of the County of Lincoln, Nevada, the Secretary of

8 the Interior shall provide evidence of title transfer.

9 ‘‘SEC. 308. PAYMENTS EQUAL TO TAXES.

10 ‘‘(a) TAXABLE AMOUNTS.—In addition to financial

11 assistance provided under this title, the Secretary is au12 thorized to grant to any affected Indian tribe or affected

13 unit of local government an amount each fiscal year equal

14 to the amount such affected Indian tribe or affected unit

15 of local government, respectively, would receive if author16 ized to tax integrated management system activities, as

17 such affected Indian tribe or affected unit of local govern18 ment taxes the non-Federal real property and industrial

19 activities occurring within such affected unit of local gov20 ernment.

21 ‘‘(b) ASSISTANCE TO INDIAN TRIBES AND UNITS OF

22 LOCAL GOVERNMENT.—

23 ‘‘(1) PERIOD.—Any affected Indian tribe or af24 fected unit of local government may not receive any

25 grant under subsection (a) after the expiration of
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1 the 1-year period following the date on which the

2 Secretary notifies the affected Indian tribe or af3 fected unit of local government of the termination of

4 the operation of the integrated management system.

5 ‘‘(2) ACTIVITIES.—Any affected Indian tribe or

6 affected unit of local government may not receive

7 any further assistance under this section if the inte8 grated management system activities at such site are

9 terminated by the Secretary or if such activities are

10 permanently enjoined by any court.

11 ‘‘TITLE IV—FUNDING AND ORGANIZATION

12 ‘‘SEC. 401. PROGRAM FUNDING.

13 ‘‘(a) CONTRACTS.—

14 ‘‘(1) AUTHORITY OF THE SECRETARY.—In the

15 performance of the Secretary’s functions under this

16 Act, the Secretary is authorized to enter into con17 tracts with any person who generates or holds title

18 to spent nuclear fuel or high-level radioactive waste

19 of domestic origin for the acceptance of title and

20 possession, transportation, interim storage, and dis21 posal of such waste or spent fuel. Such contracts

22 shall provide for payment of fees to the Secretary in

23 the amounts set under paragraphs (2), (3), and (4).

24 Subsequent to the enactment of the Nuclear Waste

25 Policy Act of 1999, the contracts executed under
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1 section 302(a) of the Nuclear Waste Policy Act of

2 1982 shall continue in effect under this Act: Pro3 vided, That the Secretary shall consent to an amend4 ment to such contracts as necessary to implement

5 the provisions of this Act.

6 ‘‘(2) NUCLEAR WASTE OFFSETTING COLLEC7 TION.—

8 ‘‘(A) For electricity generated by civilian

9 nuclear power reactors and sold, the Secretary

10 shall collect an aggregate amount of fees under

11 this paragraph equal to the annual level of ap12 propriations for expenditures on those activities,

13 consistent with subsection (d), for each fiscal

14 year beginning October 1, 2000, minus—

15 ‘‘(i) the appropriation provided pursu16 ant to section 403; and

17 ‘‘(ii) the amount of the appropriation

18 from the Nuclear Waste Fund, as author19 ized pursuant to paragraph (3)(B).

20 ‘‘(B) The Secretary shall determine the

21 level of the annual fee for each civilian nuclear

22 power reactor based on the amount of elec23 tricity generated and sold, except that for the

24 period commencing with fiscal year 2001 and
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1 continuing through the fiscal year in which dis2 posal at the repository commences—

3 ‘‘(I) the total average annual amount

4 of offsetting collection fees combined with

5 the nuclear waste mandatory fee collected

6 pursuant to paragraph (3), shall not ex7 ceed 1.0 mill per-kilowatt hour generated

8 and sold; and

9 ‘‘(II) the total amount of offsetting

10 collection fees combined with the nuclear

11 waste mandatory fee collected pursuant to

12 paragraph (3) in any fiscal year in such

13 period shall not exceed 1.5 mill per kilo14 watt hour generated and sold:

15 Provided, That the cap on fees established

16 under this subparagraph shall not otherwise re17 sult in a reduction to the level of the nuclear

18 waste mandatory fee established pursuant to

19 paragraph (3). Fees assessed pursuant to this

20 subparagraph shall be paid to the Treasury of

21 the United States and shall be available for use

22 by the Secretary pursuant to this section until

23 expended.

24 ‘‘(3) NUCLEAR WASTE MANDATORY FEE.—
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1 ‘‘(A) Except as provided in paragraph

2 (5)(B) of this paragraph, for electricity gen3 erated by civilian nuclear power reactors and

4 sold on or after January 7, 1983, the fee paid

5 to the Secretary under this paragraph shall be

6 equal to—

7 ‘‘(i) 1.0 mill per kilowatt-hour gen8 erated and sold for the fiscal year begin9 ning October 1, 1999;

10 ‘‘(ii) 0.54 mill per kilowatt-hour gen11 erated and sold for each fiscal year begin12 ning October 1, 2000 and ending on Sep13 tember 30, 2004;

14 ‘‘(iii) 0.41 mill per kilowatt-hour gen15 erated and sold for each fiscal year begin16 ning October 1, 2004 and ending Sep17 tember 30, 2009; and,

18 ‘‘(iv) zero mill per kilowatt-hour gen19 erated and sold for each fiscal year after

20 September 30, 2009, unless the Secretary

21 makes a determination pursuant to para22 graph (5)(C), which is adopted pursuant to

23 paragraph (7).

24 ‘‘(B) There is authorized to be appro25 priated from the Nuclear Waste Fund, for each
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1 fiscal year beginning October 1, 1999, amounts

2 equal to the amounts determined in subpara3 graph (A), as well as such sums as may be nec4 essary from the balances in the Nuclear Waste

5 Fund.

6 ‘‘(4) CAP ON PARAGRAPH (2) AND (3) FEES.—

7 The total annual amount of offsetting collection fees

8 collected pursuant to paragraph (2) and the nuclear

9 waste mandatory fee collected pursuant to para10 graph (3) shall not exceed 1.0 mill per-kilowatt hour

11 generated and sold.

12 ‘‘(5) ADJUSTMENTS TO THE CAP ON FEES.—

13 ‘‘(A) No later than 30 days after the be14 ginning of each fiscal year, the Secretary shall

15 determine whether insufficient or excess reve16 nues are being collected under this subsection,

17 in order to recover the costs incurred by the

18 Federal Government under subsection (d). In

19 making this determination, the Secretary

20 shall—

21 ‘‘(i) rely on the ‘Analysis of the Total

22 System Life Cycle Cost of the Civilian Ra23 dioactive Waste Management Program’,

24 dated December 1998, or on a total system

25 life-cycle costs analysis published by the
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1 Secretary (after notice and opportunity for

2 public comment) after the date of enact3 ment of the Nuclear Waste Policy Act of

4 1999, in making any estimate of the costs

5 to be incurred by the Government under

6 subsection (c)(2);

7 ‘‘(ii) rely on projections from the En8 ergy Information Administration, con9 sistent with the projections contained in

10 the reference case in the most recent ‘An11 nual Energy Outlook’ published by such

12 Administration, in making any estimate of

13 future power generation; and

14 ‘‘(iii) take into account projected

15 balances in, and expenditures from the Nu16 clear Waste Fund.

17 ‘‘(B) If the Secretary determines under

18 subparagraph (A) that either insufficient or ex19 cess revenues are being collected, the Secretary

20 shall, at the time of the determination, transmit

21 to Congress a proposal to adjust the cap

22 amount specified in subsection (a)(2)(B) to en23 sure full cost recovery. The amount in sub24 section (a)(2)(B) shall be adjusted, by operation

25 of law, immediately upon enactment of a joint
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1 resolution of approval under paragraph (7) of

2 this subsection.

3 ‘‘(C) For any fiscal year after September

4 30, 2009, the Secretary shall propose a nuclear

5 waste mandatory fee only if the Secretary de6 termines that the offsetting collection fee under

7 subsection (a)(2) is insufficient to recover the

8 costs incurred by the Government under sub9 section (d), minus the percentage required to be

10 funded by the Federal Government pursuant to

11 section 403.

12 ‘‘(D) The Secretary shall, by rule, establish

13 procedures necessary to implement this para14 graph.

15 ‘‘(6) ONE-TIME FEE.—

16 ‘‘(A) For spent nuclear fuel or solidified

17 high-level radioactive waste derived from spent

18 nuclear fuel, which fuel was used to generate

19 electricity in a civilian nuclear power reactor

20 prior to January 7, 1983, the fee shall be in an

21 amount equivalent to an average charge of 1.0

22 mill per kilowatt-hour for electricity generated

23 by such spent nuclear fuel, or such solidified

24 high-level waste derived therefrom. Payment of

25 such one-time fee prior to the date of enact-
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1 ment of the Nuclear Waste Policy Act of 1999

2 shall satisfy the obligation imposed under this

3 paragraph.

4 ‘‘(B) Any one-time fee paid and collected

5 subsequent to the date of enactment of the Nu6 clear Waste Policy Act of 1999 pursuant to the

7 contracts, including any interest due pursuant

8 to the contracts, shall be paid to the Nuclear

9 Waste Fund—

10 ‘‘(i) for civilian nuclear power reactors

11 owned by investor-owned and coopera12 tively-owned utilities, an amount not less

13 than one half the one-time fee shall be paid

14 no later than September 30, 2004, and the

15 remaining balance shall be paid no later

16 than September 30, 2009;

17 ‘‘(ii) for civilian nuclear power reac18 tors owned by publicly-owned utilities, the

19 one time fee shall be paid in four incre20 ments of one-fourth each, in the fiscal

21 years ending on September 30, 2003,

22 2004, 2008 and 2009; and

23 ‘‘(iii) any unpaid amounts of the one24 time fee shall continue to accrue interest

25 until the time of payment, pursuant to the
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1 terms and conditions established in con2 tracts.

3 ‘‘(C) The Commission shall suspend the li4 cense of any licensee who fails or refuses to pay

5 the full amount of the fees assessed under this

6 subsection, on or before the date on which fees

7 are due, and the license shall remain suspended

8 until the full amount of the fees assessed under

9 this subsection is paid.

10 ‘‘(D) The person paying the fee under this

11 paragraph to the Secretary shall have no fur12 ther financial obligation to the Federal Govern13 ment for the long-term storage and permanent

14 disposal of spent fuel or high-level radioactive

15 waste derived from spent nuclear fuel used to

16 generate electricity in a civilian power reactor

17 prior to January 7, 1983.

18 ‘‘(7) EXPEDITED PROCEDURES FOR APPROVAL

19 OF CHANGES TO THE CAP ON NUCLEAR WASTE

20 FEES.—

21 ‘‘(A) At any time after the Secretary

22 transmits a proposal for a fee adjustment under

23 paragraph (5)(B) of this subsection, a joint res24 olution may be introduced in either House of

25 Congress, the matter after the resolving clause
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1 of which is as follows: ‘That Congress approves

2 the adjustment to the basis for the nuclear

3 waste mandatory fee, submitted by the Sec4 retary on llllll’. (The blank space

5 being appropriately filled in with a date.)

6 ‘‘(B) A joint resolution described in sub7 paragraph (A) shall be referred to the commit8 tees in each House of Congress with jurisdic9 tion.

10 ‘‘(C) In the Senate, if the committee to

11 which is referred a joint resolution described in

12 subparagraph (A) has not reported such joint

13 resolution (or an identical joint resolution) at

14 the end of 20 calendar days after the date on

15 which it is introduced, such committee may be

16 discharged from further consideration of such

17 joint resolution upon a petition supported in

18 writing by 30 Members of the Senate, and such

19 joint resolution shall be placed on the calendar.

20 ‘‘(D) In the Senate, the procedure under

21 section 802(d) of title 5, United States Code,

22 shall apply to a joint resolution described under

23 subparagraph (A).

24 ‘‘(8) POINTS OF ORDER.—Notwithstanding any

25 other provision of this Act, no points of order, which
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1 require 60 votes in order to adopt a motion to waive

2 such point of order, shall be considered to be waived

3 during the consideration of a joint resolution under

4 section 401 of this Act.

5 ‘‘(b) ADVANCE CONTRACTING REQUIREMENT.—

6 ‘‘(1) IN GENERAL.—

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

8 The Commission shall not issue or renew a li9 cense to any person to use a utilization or pro10 duction facility under the authority of section

11 103 or 104 of the Atomic Energy Act of 1954

12 (42 U.S.C. 2133, 2134) unless—

13 ‘‘(i) such person has entered into a

14 contract under subsection (a) with the Sec15 retary; or

16 ‘‘(ii) the Secretary affirms in writing

17 that such person is actively and in good

18 faith negotiating with the Secretary for a

19 contract under subsection (a).

20 ‘‘(B) PRECONDITION.—The Commission,

21 as it deems necessary or appropriate, may re22 quire as a precondition to the issuance or re23 newal of a license under section 103 or 104 of

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

25 2133, 2134) that the applicant for such license
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1 shall have entered into an agreement with the

2 Secretary for the disposal of spent nuclear fuel

3 and high-level radioactive waste that may result

4 from the use of such license.

5 ‘‘(2) DISPOSAL IN REPOSITORY.—No spent nu6 clear fuel or high-level radioactive waste generated

7 or owned by any person (other than a department of

8 the United States referred to in section 101 or 102

9 of title 5, United States Code) may be disposed of

10 by the Secretary in the repository unless the gener11 ator or owner of such spent fuel or waste has en12 tered into a contract under subsection (a) with the

13 Secretary by not later than June 30, 1983, or the

14 date on which such generator or owner commences

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

16 waste.

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

18 contract holders are assignable.

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

20 fuel or high-level radioactive waste from research or

21 atomic energy defense activities may be stored or

22 disposed of by the Secretary at the interim storage

23 facility or repository unless, in each fiscal year, the

24 Secretary funds the appropriate portion of the costs

25 of such storage and disposal as specified in sub-
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1 section (a), as well as an amount that will ensure

2 that the unpaid balance of the Federal contribution

3 from prior years is fully paid no later than the date

4 of initial acceptance of spent nuclear fuel and high5 level radioactive waste at the repository.

6 ‘‘(c) NUCLEAR WASTE FUND.—

7 ‘‘(1) IN GENERAL.—The Nuclear Waste Fund

8 established in the Treasury of the United States

9 under section 302(c) of the Nuclear Waste Policy

10 Act of 1982 shall continue in effect under this Act

11 and shall consist of—

12 ‘‘(A) the existing balance in the Nuclear

13 Waste Fund on the date of enactment of this

14 Act; and

15 ‘‘(B) all receipts, proceeds, and recoveries

16 realized under subsections (a)(3), (a)(6), and

17 (c)(2) subsequent to the date of enactment of

18 the Nuclear Waste Policy Act of 1999, which

19 shall be deposited in the Nuclear Waste Fund

20 immediately upon their realization.

21 ‘‘(2) ADMINISTRATION OF NUCLEAR WASTE

22 FUND.—

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

24 Treasury shall hold the Nuclear Waste Fund

25 and, after consultation with the Secretary, an-
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1 nually report to the Congress on the financial

2 condition and operations of the Nuclear Waste

3 Fund during the proceeding fiscal year.

4 ‘‘(B) AMOUNTS IN EXCESS OF CURRENT

5 NEEDS.—If the Secretary determines that the

6 Nuclear Waste Fund contains at any time

7 amounts in excess of current needs, the Sec8 retary may request the Secretary of the Treas9 ury to invest such amounts, or any portion of

10 such amounts as the Secretary determines to be

11 appropriate, in obligations of the United

12 States—

13 ‘‘(i) having maturities determined by

14 the Secretary of the Treasury to be appro15 priate to the needs of the Nuclear Waste

16 Fund;

17 ‘‘(ii) bearing interest at rates deter18 mined to be appropriate by the Secretary

19 of the Treasury, taking into consideration

20 the current average market yield on out21 standing marketable obligations of the

22 United States with remaining periods to

23 maturity comparable to the maturities of

24 such investments, except that the interest

25 rates on such investments shall not exceed
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1 the average interest rate applicable to ex2 isting borrowings, and

3 ‘‘(iii) interest earned on these obliga4 tions shall be credited to the Nuclear

5 Waste Fund.

6 ‘‘(C) EXEMPTION.—Receipts, proceeds,

7 and recoveries realized by the Secretary under

8 this section, and expenditures of amounts from

9 the Nuclear Waste Fund, shall be exempt from

10 annual apportionment under the provisions of

11 subchapter 11 of chapter 15 of title 31, United

12 States Code.

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

14 fiscal year, the Secretary may make expenditures of funds

15 collected after the date of enactment of this Act under

16 this section and section 403, up to the level of appropria17 tions for that fiscal year pursuant to subsection (f) and

18 (g) only for purposes of the integrated management sys19 tem.

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

21 NUCLEAR WASTE FUND.—The Secretary shall not make

22 expenditures of funds collected pursuant to this section or

23 section 403 to design or construct packages for the trans24 portation, storage, or disposal of spent nuclear fuel from

25 civilian nuclear power reactors. Nothing in this subsection
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1 shall be construed to prohibit the Secretary from using

2 funds collected pursuant to this section or section 403 to

3 procure from private suppliers any package that has been

4 certified by the Commission for the transportation, stor5 age or disposal of spent nuclear fuel, or to reimburse the

6 holder of a contract, under subsection (a) for the reason7 able costs of a certified package procured or developed by

8 the contract holder for use by the contract holder at his

9 site.

10 ‘‘(f) BUDGET.—The Secretary shall submit the budg11 et for implementation of the Secretary’s responsibilities

12 under this Act to the Office of Management and Budget

13 annually along with the budget of the Department of En14 ergy submitted at such time in accordance with chapter

15 11 of title 31, United States Code. The budget shall con16 sist of the estimates made by the Secretary of expendi17 tures under this Act and other relevant financial matters

18 for the period up to the date of initial acceptance of spent

19 nuclear fuel or high-level radioactive waste at the perma20 nent repository, and shall be included in the budget of the

21 United States Government.

22 ‘‘(g) APPROPRIATIONS.—The Secretary may make

23 expenditures from the Nuclear Waste Fund and the Nu24 clear Waste Offsetting Collection, subject to appropria25 tions, which shall remain available until expended.
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1 ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN2 AGEMENT.

3 ‘‘(a) ESTABLISHMENTS.—There hereby is established

4 within the Department of Energy an Office of Civilian Ra5 dioactive Waste Management. The Office shall be headed

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

7 by and with the advice and consent of the Senate, and

8 who shall be compensated at the rate payable for level IV

9 of the Executive Schedule under section 5315 of title 5,

10 United States Code.

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

12 Office shall be responsible for carrying out the functions

13 of the Secretary under this Act, subject to the general su14 pervision of the Secretary. The Director of the Office shall

15 be directly responsible to the Secretary.

16 ‘‘(c) AUDITS.—

17 ‘‘(1) STANDARD.—The Office of Civilian Radio18 active Waste Management, its contractors, and sub19 contractors at all tiers, shall conduct, or have con20 ducted, audits and examinations of their operations

21 in accordance with the usual and customary prac22 tices of private corporations engaged in large nuclear

23 construction projects consistent with its role in the

24 program.

25 ‘‘(2) TIME.—The management practices and

26 performances of the Office of Civilian Radioactive
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1 Waste Management shall be audited every 5 years

2 by an independent management consulting firm with

3 significant experience in similar audits of private

4 corporations engaged in large nuclear construction

5 projects. The first such audit shall be conducted 5

6 years after the date of enactment of this Act.

7 ‘‘(3) TIME.—No audit contemplated by this

8 subsection shall take longer than 30 days to con9 duct. An audit report shall be issued in final form

10 no longer than 60 days after the audit is com11 menced.

12 ‘‘(4) PUBLIC DOCUMENTS.—All audit reports

13 shall be public documents and available to any indi14 vidual upon request.

15 ‘‘SEC. 403. FEDERAL CONTRIBUTION.

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

17 date of enactment of the Nuclear Waste Policy Act of

18 1999, acting pursuant to section 553 of title 5, United

19 States Code, the Secretary shall issue a final rule estab20 lishing the appropriate portion of the costs of managing

21 spent nuclear fuel and high-level radioactive waste under

22 this Act allocable to the interim storage or permanent dis23 posal of spent nuclear fuel and high-level radioactive waste

24 from research and atomic energy defense activities and

25 spent nuclear fuel from foreign research reactors. The
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1 share of costs allocable to the management of spent nu2 clear fuel and high-level radioactive waste from research

3 and atomic energy defense activities and spent nuclear fuel

4 from foreign research reactors shall include—

5 ‘‘(1) an appropriate portion of the costs associ6 ated with research and development activities with

7 respect to the development of an interim storage fa8 cility and repository; and

9 ‘‘(2) interest on the principal amounts due cal10 culated by reference to the appropriate Treasury bill

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

12 consistent with the payment dates for spent nuclear

13 fuel and high-level radioactive waste under the con14 tracts.

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

16 request for an appropriation from the Nuclear Waste

17 Fund, the Secretary shall request annual appropriations

18 from general revenues in amounts sufficient to pay the

19 costs of the management of spent nuclear fuel and high20 level radioactive waste from research and atomic energy

21 defense activities and spent nuclear fuel from foreign re22 search reactors, as established under subsection (a), in23 cluding amounts necessary to pay the unfunded costs from

24 prior years, with interest.
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1 ‘‘(c) REPORT.—In conjunction with the annual report

2 submitted to Congress under section 702, the Secretary

3 shall advise the Congress annually of the amount of spent

4 nuclear fuel and high-level radioactive waste from research

5 and atomic energy defense activities and spent nuclear fuel

6 from foreign research reactors, requiring management in

7 the integrated management system.

8 ‘‘(d) AUTHORIZATION.—There is authorized to be ap9 propriated to the Secretary, from general revenues, for

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

11 be necessary to pay the costs of the management of spent

12 nuclear fuel and high-level radioactive waste from research

13 and atomic energy defense activities and spent nuclear fuel

14 from foreign research reactors, as established under sub15 section (a), including amounts necessary to pay the un16 funded costs from prior years, with interest.

17 ‘‘TITLE V—GENERAL AND

18 MISCELLANEOUS PROVISIONS

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

20 ‘‘(a) CONFLICTING REQUIREMENTS.—Except as pro21 vided in subsection (b) of this section, a requirement of

22 a State, political subdivision of a State, or Indian tribe

23 is preempted if—

24 ‘‘(1) complying with a requirement of the State,

25 political subdivision, or tribe and a requirement of
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1 this Act or a regulation prescribed under this Act is

2 not possible; or

3 ‘‘(2) the requirement of the State, political sub4 division, or tribe, as applied or enforced, is an obsta5 cle to accomplishing and carrying out this Act or a

6 regulation prescribed under this Act.

7 ‘‘(b) SUBJECTS EXPRESSLY PREEMPTED.—Except

8 as otherwise provided in this Act, a law, regulation, order,

9 or other requirement of a State, political subdivision of

10 a State, or Indian tribe about any of the following sub11 jects, that is not substantively the same as a provision of

12 this Act or a regulation prescribed under this Act, is pre13 empted:

14 ‘‘(1) The designation, description, and classi15 fication of spent fuel or high-level radioactive waste.

16 ‘‘(2) The packing, repacking, handling, labeling,

17 marking, and placarding of spent nuclear fuel or

18 high-level radioactive waste.

19 ‘‘(3) The siting, design, or licensing of—

20 ‘‘(A) an interim storage facility;

21 ‘‘(B) a repository;

22 ‘‘(C) the capability to conduct intermodal

23 transfer of spent nuclear fuel under section

24 201.
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1 ‘‘(4) The withdrawal or transfer of the interim

2 storage facility site, the intermodal transfer site, or

3 the repository site to the Secretary of Energy.

4 ‘‘(5) The design, manufacturing, fabrication,

5 marking, maintenance, reconditioning, repairing, or

6 testing of packaging or a container represented,

7 marked, certified, or sold as qualified for use in

8 transporting or storing spent nuclear fuel or high9 level radioactive waste.

10 ‘‘SEC. 502. WATER RIGHTS.

11 ‘‘(a) NO FEDERAL RESERVATION.—Nothing in this

12 Act or any other Act of Congress shall constitute or be

13 construed to constitute either an express or implied Fed14 eral reservation of water or water rights for any purpose

15 arising under this Act.

16 ‘‘(b) ACQUISITION AND EXERCISE OF WATER

17 RIGHTS UNDER NEVADA LAW—The United States may

18 acquire and exercise such water rights as it deems nec19 essary to carry out its responsibilities under this Act pur20 suant to the substantive and procedural requirements of

21 the State of Nevada. Nothing in this Act shall be con22 strued to authorize the use of eminent domain by the

23 United States to acquire water rights.

24 ‘‘(c) EXERCISE OF WATER RIGHTS GENERALLY

25 UNDER NEVADA LAWS.—Nothing in this Act shall be con-
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1 strued to limit the exercise of water rights as provided

2 under Nevada State laws.

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

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

5 APPEALS.—

6 ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC7 TION.—Except for review in the Supreme Court of

8 the United States, and except as otherwise provided

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

10 have original and exclusive jurisdiction over any civil

11 action—

12 ‘‘(A) for review of any final decision or ac13 tion of the Secretary, the President, or the

14 Commission under this Act;

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

16 the President, or the Commission to make any

17 decision, or take any action, required under this

18 Act;

19 ‘‘(C) challenging the constitutionality of

20 any decision made, or action taken, under any

21 provision of this Act; or

22 ‘‘(D) for review of any environmental im23 pact statement prepared or environmental as24 sessment made pursuant to the National Envi25 ronmental Policy Act of 1969 (42 U.S.C. 4321
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1 et seq.) with respect to any action under this

2 Act or alleging a failure to prepare such state3 ment with respect to any such action.

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

5 under this section shall be in the judicial circuit in

6 which the petitioner involved resides or has its prin7 cipal office, or in the United States Court of Appeals

8 for the District of Columbia.

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

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

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

12 the decision or action or failure to act involved, as the

13 case may be, except that if a party shows that the party

14 did not know of the decision or action complained of or

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

16 under the circumstances would not have known of such

17 decision, action, or failure to act, such party may bring

18 a civil action no later than 180 days after the date such

19 party acquired actual or constructive knowledge of such

20 decision, action, or failure to act.

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

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

23 of the provisions of any other Act relating to the same

24 matter.
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1 ‘‘SEC. 504. LICENSING OF FACILITY EXPANSIONS AND

2 TRANSSHIPMENTS.

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

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

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

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

7 1983, to expand the spent nuclear fuel storage capacity

8 at the site of a civilian nuclear power reactor, through the

9 use of high-density fuel storage racks, fuel rod compac10 tion, the transshipments of spent nuclear fuel to another

11 civilian nuclear power reactor within the same utility sys12 tem, the construction of additional spent nuclear fuel pool

13 capacity or dry storage capacity, or by other means, the

14 Commission shall, at the request of any party, provide an

15 opportunity for oral argument with respect to any matter

16 which the Commission determines to be in controversy

17 among the parties. The oral argument shall be preceded

18 by such discovery procedures as the rules of the Commis19 sion shall provide. The Commission shall require each

20 party, including the Commission staff, to submit in writ21 ten form, at the time of the oral argument, a summary

22 of the facts, data, and arguments upon which such party

23 proposes to rely that are known at such time to such

24 party. Only facts and data in the form of sworn testimony

25 or written submission may be relied upon by the parties

26 during oral argument. Of the materials that may be sub-
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1 mitted by the parties during oral argument, the Commis2 sion shall only consider those facts and data that are sub3 mitted in the form of sworn testimony or written submis4 sion.

5 ‘‘(b) ADJUDICATORY HEARING.—

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

7 oral argument under subsection (a), the Commission

8 shall designate any disputed question of fact, to9 gether with any remaining questions of law, for reso10 lution in an adjudicatory hearing only if it deter11 mines that—

12 ‘‘(A) there is a genuine and substantial

13 dispute of fact which can only be resolved with

14 sufficient accuracy by the introduction of evi15 dence in an adjudicatory hearing; and

16 ‘‘(B) the decision of the Commission is

17 likely to depend in whole or in part on the reso18 lution of such dispute.

19 ‘‘(2) DETERMINATION.—In making a deter20 mination under this subsection, the Commission—

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

22 facts that are in genuine and substantial dis23 pute, the reason why the decision of the agency

24 is likely to depend on the resolution of such
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1 facts, and the reason why an adjudicatory hear2 ing is likely to resolve the dispute; and

3 ‘‘(B) shall not consider—

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

5 construction, or operation of any civilian

6 nuclear power reactor already licensed to

7 operate at such site, or any civilian nuclear

8 power reactor to which a construction per9 mit has been granted at such site, unless

10 the Commission determines that any such

11 issue substantially affects the design, con12 struction, or operation of the facility or ac13 tivity for which such license application,

14 authorization, or amendment is being con15 sidered; or

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

17 considered and decided by the Commission

18 in connection with the issuance of a con19 struction permit or operating license for a

20 civilian nuclear power reactor at such site,

21 unless—

22 ‘‘(I) such issue results from any

23 revision of siting or design criteria by

24 the Commission following such deci25 sion; and
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1 ‘‘(II) the Commission determines

2 that such issue substantially affects

3 the design, construction, or operation

4 of the facility or activity for which

5 such license application, authorization,

6 or amendment is being considered.

7 ‘‘(3) APPLICATION.—The provisions of para8 graph (2)(B) shall apply only with respect to li9 censes, authorizations, or amendments to licenses or

10 authorizations, applied for under the Atomic Energy

11 Act of 1954 (42 U.S.C. 2011 et seq.) before Decem12 ber 31, 2005.

13 ‘‘(4) CONSTRUCTION.—The provisions of this

14 section shall not apply to the first application for a

15 license or license amendment received by the Com16 mission to expand onsite spent fuel storage capacity

17 by the use of new technology not previously ap18 proved for use at any nuclear power plant by the

19 Commission.

20 ‘‘(c) JUDICIAL REVIEW.—No court shall hold unlaw21 ful or set aside a decision of the Commission in any pro22 ceeding described in subsection (a) because of a failure

23 by the Commission to use a particular procedure pursuant

24 to this section unless—
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1 ‘‘(1) an objection to the procedure used was

2 presented to the Commission in a timely fashion or

3 there are extraordinary circumstances that excuse

4 the failure to present a timely objection; and

5 ‘‘(2) the court finds that such failure has pre6 cluded a fair consideration and informed resolution

7 of a significant issue of the proceeding taken as a

8 whole.

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

10 ‘‘(a) CONGRESSIONAL ACTION REQUIRED.—The Sec11 retary may not conduct site-specific activities with respect

12 to a second repository unless Congress has specifically au13 thorized and appropriated funds for such activities.

14 ‘‘(b) REPORT.—The Secretary shall report to the

15 President and to Congress on or after January 1, 2007,

16 but not later than January 1, 2010, on the need for a

17 second repository.

18 ‘‘SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL

19 RADIOACTIVE WASTE SITE CLOSURE.

20 ‘‘(a) FINANCIAL ARRANGEMENTS.—

21 ‘‘(1) STANDARDS AND INSTRUCTIONS.—The

22 Commission shall establish by rule, regulation, or

23 order, after public notice, and in accordance with

24 section 181 of the Atomic Energy Act of 1954 (42

25 U.S.C. 2231), such standards and instructions as
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1 the Commission may deem necessary or desirable to

2 ensure in the case of each license for the disposal of

3 low-level radioactive waste that an adequate bond,

4 surety, or other financial arrangement (as deter5 mined by the Commission) will be provided by a li6 censee to permit completion of all requirements es7 tablished by the Commission for the decontamina8 tion, decommissioning, site closure, and reclamation

9 of sites, structures, and equipment used in conjunc10 tion with such low-level radioactive waste. Such fi11 nancial arrangements shall be provided and ap12 proved by the Commission, or, in the case of sites

13 within the boundaries of any agreement State under

14 section 274 of the Atomic Energy Act of 1954 (42

15 U.S.C. 2021), by the appropriate State or State en16 tity, prior to issuance of licenses for low-level radio17 active waste disposal or, in the case of licenses in ef18 fect on January 7, 1983, prior to termination of

19 such licenses.

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

21 ARRANGEMENTS.—If the Commission determines

22 that any long-term maintenance or monitoring, or

23 both, will be necessary at a site described in para24 graph (1), the Commission shall ensure before termi25 nation of the license involved that the licensee has
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1 made available such bonding, surety, or other finan2 cial arrangements as may be necessary to ensure

3 that any necessary long-term maintenance or moni4 toring needed for such site will be carried out by the

5 person having title and custody for such site fol6 lowing license termination.

7 ‘‘(b) TITLE AND CUSTODY.—

8 ‘‘(1) AUTHORITY OF SECRETARY.—The Sec9 retary shall have authority to assume title and cus10 tody of low-level radioactive waste and the land on

11 which such waste is disposed of, upon request of the

12 owner of such waste and land and following termi13 nation of the license issued by the Commission for

14 such disposal, if the Commission determines that—

15 ‘‘(A) the requirements of the Commission

16 for site closure, decommissioning, and decon17 tamination have been met by the licensee in18 volved and that such licensee is in compliance

19 with the provisions of subsection ‘‘(a);

20 ‘‘(B) such title and custody will be trans21 ferred to the Secretary without cost to the Fed22 eral Government; and

23 ‘‘(C) Federal ownership and management

24 of such site is necessary or desirable in order to
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1 protect the public health and safety, and the

2 environment.

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

4 title and custody of any such waste and land under

5 this subsection, the Secretary shall maintain such

6 waste and land in a manner that will protect the

7 public health and safety, and the environment.

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

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

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

11 the Secretary, upon request of the owner of the site in12 volved, shall assume title and custody of such waste and

13 the land on which it is disposed when such site has been

14 decontaminated and stabilized in accordance with the re15 quirements established by the Commission and when such

16 owner has made adequate financial arrangements ap17 proved by the Commission for the long-term maintenance

18 and monitoring of such site.

19 ‘‘SEC. 507. NUCLEAR REGULATORY COMMISSION TRAINING

20 AUTHORIZATION.

21 ‘‘The Commission is authorized and directed to pro22 mulgate regulations, or other appropriate regulatory guid23 ance, for the training and qualifications of civilian nuclear

24 powerplant operators, supervisors, technicians, and other

25 appropriate operating personnel. Such regulations or guid-
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1 ance shall establish simulator training requirements for

2 applicants for civilian nuclear powerplant operator licenses

3 and for operator requalification programs; requirements

4 governing Commission administration of requalification

5 examinations; requirements for operating tests at civilian

6 nuclear powerplant simulators, and instructional require7 ments for civilian nuclear powerplant licensee personnel

8 training programs.

9 ‘‘SEC. 508. ACCEPTANCE SCHEDULE.

10 ‘‘The emplacement schedule shall be implemented in

11 accordance with the following:

12 ‘‘(1) PRIORITY RANKING.—Acceptance priority

13 ranking shall be determined by the Department’s

14 ‘Acceptance Priority Ranking’ report.

15 ‘‘(2) ACCEPTANCE RATE.—Except as provided

16 in paragraph (5), the Secretary’s acceptance rate for

17 spent nuclear fuel shall be no less than the fol18 lowing: 1,200 MTU in 2003 and 1,200 MTU in

19 2004, 2,000 MTU in 2005 and 2,000 MTU in 2006,

20 2,700 MTU in 2007, and 3,000 MTU annually

21 thereafter.

22 ‘‘(3) OTHER ACCEPTANCES.—Subject to the

23 conditions contained in the license for the interim

24 storage facility, of the amounts provided for in para-
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1 graph (2) for each year, not less than one-sixth shall

2 be—

3 ‘‘(A) spent nuclear fuel or civilian high4 level radioactive waste of domestic origin from

5 civilian nuclear power reactors that have perma6 nently ceased operation on or before the date of

7 enactment of the Nuclear Waste Policy Act of

8 1999;

9 ‘‘(B) spent nuclear fuel from foreign re10 search reactors, as necessary to promote non11 proliferation activities; and

12 ‘‘(C) spent nuclear fuel and high-level ra13 dioactive waste from research and atomic en14 ergy defense activities, including spent nuclear

15 fuel from naval reactors:

16 Provided, however, That the Secretary shall accept

17 not less than ten percent of the total quantity of fuel

18 and high-level radioactive waste accepted in any year

19 from the categories of radioactive materials de20 scribed in subparagraphs (B) and (C) in paragraph

21 (3). If sufficient amounts of radioactive materials

22 are not available to utilize this allocation, the Sec23 retary shall allocate this acceptance capacity to other

24 contract holders.
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1 ‘‘(4) ADJUSTMENT.—If the Secretary is unable

2 to begin acceptance by June 30, 2003 at the rate

3 specified in paragraph (2) or if the cumulative

4 amount accepted in any year thereafter is less than

5 that which would have been accepted under the rate

6 specified in paragraph (2), the acceptance schedule

7 shall, to the extent practicable, be adjusted upward

8 such that within 5 years of the start of acceptance

9 by the Secretary—

10 ‘‘(A) the total quantity accepted by the

11 Secretary is consistent with the total quantity

12 that the Secretary would have accepted if the

13 Secretary had begun acceptance in 2003; and

14 ‘‘(B) thereafter the acceptance rate is

15 equivalent to the rate that would be in place

16 pursuant to paragraph (2) if the Secretary had

17 commenced acceptance in 2003.

18 ‘‘(5) EFFECT ON SCHEDULE.—The contractual

19 acceptance schedule shall not be modified in any way

20 as a result of the Secretary’s acceptance of any ma21 terial other than contract holders’ spent nuclear fuel

22 and high-level radioactive waste.

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

24 ‘‘Notwithstanding any other provision of law—
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1 ‘‘(1) the subseabed or ocean water disposal of

2 spent nuclear fuel or high-level radioactive waste is

3 prohibited; and

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

5 relating to the subseabed or ocean water disposal of

6 spent nuclear fuel or high-level radioactive waste.

7 ‘‘SEC. 510. TRANSFER OF TITLE.

8 ‘‘(a) Acceptance by the Secretary of any spent nu9 clear fuel or high-level radioactive waste shall constitute

10 a transfer of title to the Secretary.

11 ‘‘(b) No later than 6 months following the date of

12 enactment of the Nuclear Waste Policy Act of 1999, the

13 Secretary is authorized to accept all spent nuclear fuel

14 withdrawn from Dairyland Power Cooperative’s La Crosse

15 Reactor and, upon acceptance, shall provide Dairyland

16 Power Cooperative with evidence of the title transfer. Im17 mediately upon the Secretary’s acceptance of such spent

18 nuclear fuel, the Secretary shall assume all responsibility

19 and liability for the interim storage and permanent dis20 posal thereof and is authorized to compensate Dairyland

21 Power Cooperative for any costs related to operating facili22 ties necessary for such storage from the date of acceptance

23 until the Secretary removes the spent nuclear fuel from

24 the La Crosse Reactor site.
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1 ‘‘SEC. 511. SEPARABILITY.

2 ‘‘If any provision of this Act, or the application of

3 such provision to any person or circumstance, is held to

4 be invalid, the remainder of this Act, or the application

5 of such provision to persons or circumstances other than

6 those as to which it is held invalid, shall not be affected

7 thereby.

8 ‘‘SEC. 512. PURCHASE OF AMERICAN-MADE EQUIPMENT

9 AND PRODUCTS.

10 ‘‘(a) IN GENERAL.—It is the sense of the Congress

11 that, to the greatest extent practicable, all equipment and

12 products purchased with funds made available under this

13 Act should be American-made.

14 ‘‘(b) NOTICE REQUIREMENT.—In providing financial

15 assistance to, or entering into any contract with, any enti16 ty using funds made available under this Act, the head

17 of each Federal agency, to the greatest extent practicable,

18 shall provide to such entity a notice describing the state19 ment made in subsection (a) by the Congress.

20 ‘‘(c) PROHIBITION OF CONTRACTS WITH PERSONS

21 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

22 If it has been finally determined by a court or Federal

23 agency that any person intentionally affixed a label bear24 ing a ‘Made in America’ inscription, or any inscription

25 with the same meaning, to any product sold in or shipped

26 to the United States that is not made in the United
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1 States, the person shall be ineligible to receive any con2 tract or subcontract made with funds made available

3 under this Act, pursuant to the debarment, suspension,

4 and ineligibility procedures described in sections 9.400

5 through 9.409 of title 48, Code of Federal Regulations.

6 ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL

7 REVIEW BOARD

8 ‘‘SEC. 601. DEFINITIONS.

9 ‘‘For purposes of this title—

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

11 the Chairman of the Nuclear Waste Technical Re12 view Board.

13 ‘‘(2) BOARD.—The term ‘Board’ means the Nu14 clear Waste Technical Review Board continued

15 under section 602.

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

17 ‘‘(a) CONTINUATION OF NUCLEAR WASTE TECH18 NICAL REVIEW BOARD.—The Nuclear Waste Technical

19 Review Board, established under section 502(a) of the Nu20 clear Waste Policy Act of 1982 as constituted prior to the

21 date of enactment of this Act, shall continue in effect sub22 sequent to the date of enactment of this Act.

23 ‘‘(b) MEMBERS.—

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

25 members who shall be appointed by the President
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1 not later than 90 days after December 22, 1987,

2 from among persons nominated by the National

3 Academy of Sciences in accordance with paragraph

4 (3).

5 ‘‘(2) CHAIR.—The President shall designate a

6 member of the Board to serve as Chairman.

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

8 ‘‘(A) NOMINATIONS.—The National Acad9 emy of Sciences shall, not later than 90 days

10 after December 22, 1987, nominate not less

11 than 22 persons for appointment to the Board

12 from among persons who meet the qualifica13 tions described in subparagraph (C).

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

15 of Sciences shall nominate not less than 2 per16 sons to fill any vacancy on the Board from

17 among persons who meet the qualifications de18 scribed in subparagraph (C).

19 ‘‘(C) NOMINEES.—

20 ‘‘(i) Each person nominated for ap21 pointment to the Board shall be—

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

23 or engineering, including environ24 mental sciences; and
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1 ‘‘(II) selected solely on the basis

2 of established records of distinguished

3 service.

4 ‘‘(ii) The membership of the Board

5 shall be representatives of the broad range

6 of scientific and engineering disciplines re7 lated to activities under this title.

8 ‘‘(iii) No person shall be nominated

9 for appointment to the Board who is an

10 employee of—

11 ‘‘(I) the Department of Energy;

12 ‘‘(II) a national laboratory under

13 contract with the Department of En14 ergy; or

15 ‘‘(III) an entity performing spent

16 nuclear fuel or high-level radioactive

17 waste activities under contract with

18 the Department of Energy.

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

20 shall be filled by the nomination and appointment

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

22 ‘‘(5) TERMS.—Members of the Board shall be

23 appointed for terms of 4 years, each such term to

24 commence 120 days after December 22, 1987, ex25 cept that of the 11 members first appointed to the
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1 Board, 5 shall serve for 2 years and 6 shall serve

2 for 4 years, to be designated by the President at the

3 time of appointment, except that a member of the

4 Board whose term has expired may continue to serve

5 as a member of the Board until such member’s suc6 cessor has taken office.

7 ‘‘SEC. 603. FUNCTIONS.

8 ‘‘The Board shall evaluate the technical and scientific

9 validity of activities undertaken by the Secretary after De10 cember 22, 1987, including—

11 ‘‘(1) site characterization activities; and

12 ‘‘(2) activities relating to the packaging or

13 transportation of spent nuclear fuel or high-level ra14 dioactive waste.

15 ‘‘SEC. 604. INVESTIGATORY POWERS.

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

17 or a majority of the members of the Board, the Board

18 may hold such hearings, sit and act at such times and

19 places, take such testimony, and received such evidence,

20 as the Board considers appropriate. Any member of the

21 Board may administer oaths or affirmations to witnesses

22 appearing before the Board.

23 ‘‘(b) PRODUCTION OF DOCUMENTS.—

24 ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re25 quest of the Chairman or a majority of the members
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1 of the Board, and subject to existing law, the Sec2 retary (or any contractor of the Secretary) shall pro3 vide the Board with such records, files, papers, data,

4 or information as may be necessary to respond to

5 any inquiry of the Board under this title.

6 ‘‘(2) EXTENT.—Subject to existing law, infor7 mation obtainable under paragraph (1) shall not be

8 limited to final work products of the Secretary, but

9 shall include drafts of such products and documenta10 tion of work in progress.

11 ‘‘SEC. 605. COMPENSATION OF MEMBERS.

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

13 shall, subject to appropriations, be paid at the rate of pay

14 payable for level III of the Executive Schedule for each

15 day (including travel time) such member is engaged in the

16 work of the Board.

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

18 Board may received travel expenses, including per diem

19 in lieu of subsistence, in the same manner as is permitted

20 under sections 5702 and 5703 of title 5, United States

21 Code.

22 ‘‘SEC. 606. STAFF.

23 ‘‘(a) CLERICAL STAFF.—

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

25 paragraph (2), the Chairman may, subject to appro-
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1 priations, appoint and fix the compensation of such

2 clerical staff as may be necessary to discharge the

3 responsibilities of the Board.

4 ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff

5 shall be appointed subject to the provisions of title

6 5, United States Code, governing appointments in

7 the competitive service, and shall be paid in accord8 ance with the provisions of chapter 51 and sub9 chapter III of chapter 3 of such title relating to clas10 sification and General Schedule pay rates.

11 ‘‘(b) PROFESSIONAL STAFF.—

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

13 paragraphs (2) and (3), the Chairman may, subject

14 to appropriations, appoint and fix compensation of

15 such professional staff as may be necessary to dis16 charge the responsibilities of the Board.

17 ‘‘(2) NUMBER.—Not more than 10 professional

18 staff members may be appointed under this sub19 section.

20 ‘‘(3) TITLE 5.—Professional staff members may

21 be appointed without regard to the provisions of title

22 5, United States Code, governing appointments in

23 the competitive service, and may be paid without re24 gard to the provisions of chapter 51 and subchapter

25 III of chapter 53 of such title relating to classifica-
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1 tion and General Schedule pay rates, except that no

2 individual so appointed may receive pay in excess of

3 the annual rate of basic pay payable for GS–18 of

4 the General Schedule.

5 ‘‘SEC. 607. SUPPORT SERVICES.

6 ‘‘(a) GENERAL SERVICES.—To the extent permitted

7 by law and requested by the Chairman, the Administrator

8 of General Services shall provide the Board with necessary

9 administrative services, facilities, and support on a reim10 bursable basis.

11 ‘‘(b) ACCOUNTING, RESEARCH, AND TECHNOLOGY

12 ASSESSMENT SERVICES.—The Comptroller General, the

13 Librarian of Congress, and the Director of the Office of

14 Technology Assessment shall, to the extent permitted by

15 law and subject to the availability of funds, provide the

16 Board with such facilities, support, funds and services, in17 cluding staff, as may be necessary for the effective per18 formance of the functions of the Board.

19 ‘‘(c) ADDITIONAL SUPPORT.—Upon the request of

20 the Chairman, the Board may secure directly from the

21 head of any department or agency of the United States

22 information necessary to enable it to carry out this title.

23 ‘‘(d) MAILS.—The Board may use the United States

24 mails in the same manner and under the same conditions

25 as other departments and agencies of the United States.
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1 ‘‘(e) EXPERTS AND CONSULTANTS.—Subject to such

2 rules as may be prescribed by the Board, the Chairman

3 may, subject to appropriations, procure temporary and

4 intermittent services under section 3109(b) of title 5 of

5 the United States Code, but at rates for individuals not

6 to exceed the daily equivalent of the maximum annual rate

7 of basic pay payable for GS–18 of the General Schedule.

8 ‘‘SEC. 608. REPORT.

9 ‘‘The Board shall report not less than 2 times per

10 year to Congress and the Secretary its findings, conclu11 sions, and recommendations.

12 ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘There are authorized to be appropriated for expendi14 tures such sums as may be necessary to carry out the pro15 visions of this title.

16 ‘‘SEC. 610. TERMINATION OF THE BOARD.

17 ‘‘The Board shall cease to exist not later than one

18 year after the date on which the Secretary begins disposal

19 of spent nuclear fuel or high-level radioactive waste in the

20 repository.

21 ‘‘TITLE VII—MANAGEMENT REFORM

22 ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES.

23 ‘‘(a) IN GENERAL.—The Secretary is directed to take

24 actions as necessary to improve the management of the

25 civilian radioactive waste management program to ensure
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1 that the program is operated, to the maximum extent

2 practical, in like manner as a private business.

3 ‘‘(b) SITE CHARACTERIZATION.—The Secretary shall

4 employ, on an on-going basis, integrated performance

5 modeling to identify appropriate parameters for the re6 maining site characterization effort and to eliminate stud7 ies of parameters that are shown not to affect long-term

8 performance.

9 ‘‘SEC. 702. REPORTING.

10 ‘‘(a) INITIAL REPORT.—Within 180 days of the date

11 of enactment of this Act, the Secretary shall report to

12 Congress on its planned actions for implementing the pro13 visions of this Act, including the development of the Inte14 grated Waste Management System. Such report shall

15 include—

16 ‘‘(1) an analysis of the Secretary’s progress in

17 meeting its statutory and contractual obligation to

18 accept title to, possession of, and delivery of spent

19 nuclear fuel and high-level radioactive waste begin20 ning no later than June 30, 2003, and in accordance

21 with the acceptable schedule;

22 ‘‘(2) a detailed schedule and timeline showing

23 each action that the Secretary intends to take to

24 meet the Secretary’s obligations under this Act and

25 the contracts;
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1 ‘‘(3) a detailed description of the Secretary’s

2 contingency plans in the event that the Secretary is

3 unable to meet the planned schedule and timeline;

4 and

5 ‘‘(4) an analysis by the Secretary of its funding

6 needs for fiscal years 1999 through 2004.

7 ‘‘(b) ANNUAL REPORTS.—On each anniversary of the

8 submittal of the report required by subsection (a), the Sec9 retary shall make annual reports to the Congress for the

10 purpose of updating the information contained in such re11 port. The annual reports shall be brief and shall notify

12 the Congress of—

13 ‘‘(1) any modifications to the Secretary’s sched14 ule and timeline for meeting its obligations under

15 this Act;

16 ‘‘(2) the reasons for such modifications, and the

17 status of the implementation of any of the Sec18 retary’s contingency plans; and

19 ‘‘(3) the Secretary’s analysis of its funding

20 needs for the ensuing 5 fiscal years.’’.

21 SEC. 2. CONTINUATION OF CONTRACTS.

22 Subsequent to the date of enactment of this Act, the

23 contracts executed under section 302(a) of the Nuclear

24 Waste Policy Act of 1982 shall continue in effect under

25 this Act in accordance with their terms except that the
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1 contracts have been modified by the parties to the con2 tract.

Æ