Calendar No. 27

105TH CONGRESS

1ST SESSION S. 104

A BILL

To amend the Nuclear Waste Policy Act of 1982.

MARCH 14, 1997

Reported with amendments
II

Calendar No. 27

105TH CONGRESS

1ST SESSION S. 104

To amend the Nuclear Waste Policy Act of 1982.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mr. MURKOWSKI (for himself, Mr. CRAIG, Mr. GRAMS, Mr. KEMPTHORNE,

Mr. ABRAHAM, Mr. HELMS, Mr. THURMOND, Mr. KYL, Mr. HOLLINGS,

Mr. MACK, Mr. FAIRCLOTH, Mr. HATCH, Mr. WARNER, Mr. BOND, Mr.

SMITH of New Hampshire, Mr. ROBERTS, Mr. SANTORUM, Mr. LOTT,

Mr. JEFFORDS, Mr. COCHRAN, Mr. THOMAS, Mr. ROBB, Mr.

BROWNBACK, Mr. BURNS, Mr. ASHCROFT, Mr. HUTCHINSON, Mr. ENZI,

and Mr. COVERDELL) introduced the following bill; which was read twice

and referred to the Committee on Energy and Natural Resources

MARCH 14, 1997

Reported by Mr. MURKOWSKI, with amendments

[Omit the part struck through and insert the part printed in italic]

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 That the Nuclear Waste Policy Act of 1982 is amended

4 to read as follows:
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1 ‘‘SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

3 ‘Nuclear Waste Policy Act of 1997’.

4 ‘‘(b) TABLE OF CONTENTS.—

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

‘‘Sec. 2. Definitions.

‘‘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. Land withdrawal.

‘‘TITLE III—LOCAL RELATIONS

‘‘Sec. 301. Financial Assistance.

‘‘Sec. 302. On-Site Representative.

‘‘Sec. 303. Acceptance of Benefits.

‘‘Sec. 304. Restrictions on Use of Funds.

‘‘Sec. 305. Land Conveyances.

‘‘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. Judicial review of agency actions.

‘‘Sec. 503. Licensing of facility expansions and transshipments.

‘‘Sec. 504. Siting a second repository.

‘‘Sec. 505. Financial arrangements for low-level radioactive waste site closure.

‘‘Sec. 506. Nuclear Regulatory Commission training authority.

‘‘Sec. 507. Emplacement schedule.

‘‘Sec. 508. Transfer of Title.

‘‘Sec. 509. Decommissioning Pilot Program.

‘‘Sec. 510. Water Rights.

‘‘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.
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‘‘Sec. 606. Staff.

‘‘Sec. 607. Support services.

‘‘Sec. 608. Report.

‘‘Sec. 609. Authorization of appropriations.

‘‘Sec. 610. Termination of the board.

‘‘TITLE VII—MANAGEMENT REFORM

‘‘Sec. 701. Management reform initiatives.

‘‘Sec. 702. Reporting.

‘‘Sec. 703. Effective date.

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) AFFECTED INDIAN TRIBE.—The term ‘af8 fected Indian tribe’ means any Indian tribe—

9 ‘‘(A) whose reservation is surrounded by or

10 borders an affected unit of local government, or

11 ‘‘(B) whose federally defined possessory or

12 usage rights to other lands outside of the res13 ervation’s boundaries arising out of congres14 sionally ratified treaties may be substantially

15 and adversely affected by the locating of an in16 terim storage facility or a repository if the Sec17 retary of the Interior finds, upon the petition of

18 the appropriate governmental officials of the

19 tribe, that such effects are both substantial and

20 adverse to the tribe.
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1 ‘‘(3) 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 ‘‘(4) 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 ‘‘(5) CIVILIAN NUCLEAR POWER REACTOR.—

24 The term ‘civilian nuclear power reactor’ means a ci25 vilian nuclear power plant required to be licensed
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1 under section 103 or 104 b. of the Atomic Energy

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

3 ‘‘(6) COMMISSION.—The term ‘Commission’

4 means the Nuclear Regulatory Commission.

5 ‘‘(7) CONTRACTS.—The term ‘contracts’ means

6 the contracts, executed prior to the date of enact7 ment of the Nuclear Waste Policy Act of 1997,

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

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

10 generates or holds title to spent nuclear fuel or high11 level radioactive waste of domestic origin for accept12 ance of such waste or fuel by the Secretary and the

13 payment of fees to offset the Secretary’s expendi14 tures, and any subsequent contracts executed by the

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

16 ‘‘(8) CONTRACT HOLDERS.—The term ‘contract

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

18 contracts.

19 ‘‘(9) DEPARTMENT.—The term ‘Department’

20 means the Department of Energy.

21 ‘‘(10) DISPOSAL.—The term ‘disposal’ means

22 the emplacement in a repository of spent nuclear
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1 fuel, high-level radioactive waste, or other highly ra2 dioactive material with no foreseeable intent of re3 covery, whether or not such emplacement permits re4 covery of such material for any future purpose.

5 ‘‘(11) DISPOSAL SYSTEM.—The term ‘disposal

6 system’ means all natural barriers and engineered

7 barriers, and engineered systems and components,

8 that prevent the release of radionuclides from the re9 pository.

10 ‘‘(12) EMPLACEMENT SCHEDULE.—The term

11 ‘emplacement schedule’ means the schedule estab12 lished by the Secretary in accordance with section

13 507(a) for emplacement of spent nuclear fuel and

14 high-level radioactive waste at the interim storage

15 facility.

16 ‘‘(13) ENGINEERED BARRIERS AND ENGI17 NEERED SYSTEMS AND COMPONENTS.—The terms

18 ‘engineered barriers’ and ‘engineered systems and

19 components,’ mean man-made components of a dis20 posal system. These terms include the spent nuclear

21 fuel or high-level radioactive waste form, spent nu22 clear fuel package or high-level radioactive waste

23 package, and other materials placed over and around

24 such packages.
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1 ‘‘(14) HIGH-LEVEL RADIOACTIVE WASTE.—The

2 term ‘high-level radioactive waste’ means—

3 ‘‘(A) the highly radioactive material result4 ing from the reprocessing of spent nuclear fuel,

5 including liquid waste produced directly in re6 processing and any solid material derived from

7 such liquid waste that contains fission products

8 in sufficient concentrations; and

9 ‘‘(B) other highly radioactive material that

10 the Commission, consistent with existing law,

11 determines by rule requires permanent isola12 tion, which includes any low-level radioactive

13 waste with concentrations of radionuclides that

14 exceed the limits established by the Commission

15 for class C radioactive waste, as defined by sec16 tion 61.55 of title 10, Code of Federal Regula17 tions, as in effect on January 26, 1983.

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

19 agency’ means any Executive agency, as defined in

20 section 105 of title 5, United States Code.

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

22 means any Indian tribe, band, nation, or other orga23 nized group or community of Indians recognized as

24 eligible for the services provided to Indians by the

25 Secretary of the Interior because of their status as
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1 Indians including any Alaska Native village, as de2 fined in section 3(c) of the Alaska Native Claims

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

4 ‘‘(17) INTEGRATED MANAGEMENT SYSTEM.—

5 The term ‘integrated management system’ means

6 the system developed by the Secretary for the ac7 ceptance, transportation, storage, and disposal of

8 spent nuclear fuel and high-level radioactive waste

9 under title II of this Act.

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

11 ‘interim storage facility’ means a facility designed

12 and constructed for the receipt, handling, possession,

13 safeguarding, and storage of spent nuclear fuel and

14 high-level radioactive waste in accordance with title

15 II of this Act.

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

17 term ‘interim storage facility site’ means the specific

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

19 designated by the Secretary and withdrawn and re20 served in accordance with this Act for the location

21 of the interim storage facility.

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

23 term ‘low-level radioactive waste’ means radioactive

24 material that—
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1 ‘‘(A) is not spent nuclear fuel, high-level

2 radioactive waste, transuranic waste, or byprod3 uct material as defined in section 11 e. (2) of the

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

5 2014(e). (2)); and

6 ‘‘(B) the Commission, consistent with ex7 isting law, classifies as low-level radioactive

8 waste.

9 ‘‘(21) METRIC TONS URANIUM.—The terms

10 ‘metric tons uranium’ and ‘MTU’ means the amount

11 of uranium in the original unirradiated fuel element

12 whether or not the spent nuclear fuel has been re13 processed.

14 ‘‘(22) NUCLEAR WASTE FUND.—The terms

15 ‘Nuclear Waste Fund’ and ‘waste fund’ mean the

16 nuclear waste fund established in the United States

17 Treasury prior to the date of enactment of this Act

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

19 Act of 1982.

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

21 Office of Civilian Radioactive Waste Management es22 tablished within the Department prior to the date of

23 enactment of this Act under the provisions of the

24 Nuclear Waste Policy Act of 1982.
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1 ‘‘(24) PROGRAM APPROACH.—The term ‘pro2 gram approach’ means the Civilian Radioactive

3 Waste Management Program Plan, dated May 6,

4 1996, as modified by this Act, and as amended from

5 time to time by the Secretary in accordance with

6 this Act.

7 ‘‘(25) REPOSITORY.—The term ‘repository’

8 means a system designed and constructed under title

9 II of this Act for the geologic disposal of spent nu10 clear fuel and high-level radioactive waste, including

11 both surface and subsurface areas at which spent

12 nuclear fuel and high-level radioactive waste receipt,

13 handling, possession, safeguarding, and storage are

14 conducted.

15 ‘‘(26) SECRETARY.—The term ‘Secretary’

16 means the Secretary of Energy.

17 ‘‘(27) SITE CHARACTERIZATION.—The term

18 ‘site characterization’ means activities, whether in a

19 laboratory or in the field, undertaken to establish

20 the geologic condition and the ranges of the param21 eters of a candidate site relevant to the location of

22 a repository, including borings, surface excavations,

23 excavations of exploratory facilities, limited sub24 surface lateral excavations and borings, and in situ
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1 testing needed to evaluate the licensability of a can2 didate site for the location of a repository, but not

3 including preliminary borings and geophysical test4 ing needed to assess whether site characterization

5 should be undertaken.

6 ‘‘(28) SPENT NUCLEAR FUEL.—The term

7 ‘spent nuclear fuel’ means fuel that has been with8 drawn from a nuclear reactor following irradiation,

9 the constituent elements of which have not been sep10 arated by reprocessing.

11 ‘‘(29) STORAGE.—The term ‘storage’ means re12 tention of spent nuclear fuel or high-level radioactive

13 waste with the intent to recover such waste or fuel

14 for subsequent use, processing, or disposal.

15 ‘‘(30) WITHDRAWAL.—The term ‘withdrawal’

16 has the same definition as that set forth in section

17 103(j) of the Federal Land Policy and Management

18 Act of 1976 (43 U.S.C. 1702(j)).

19 ‘‘(31) YUCCA MOUNTAIN SITE.—The term

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

21 of Nevada that is withdrawn and reserved in accord22 ance with this Act for the location of a repository.
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1 ‘‘TITLE I—OBLIGATIONS

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

3 ‘‘(a) DISPOSAL.—The Secretary shall develop and op4 erate an integrated management system for the storage

5 and permanent disposal of spent nuclear fuel and high6 level radioactive waste.

7 ‘‘(b) INTERIM STORAGE.—The Secretary shall store

8 spent nuclear fuel and high-level radioactive waste from

9 facilities designated by contract holders at an interim stor10 age facility pursuant to section 204 in accordance with

11 the emplacement schedule, beginning not later than No12 vember 30, 1999.

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

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

15 radioactive waste accepted by the Secretary. The Sec16 retary shall procure all systems and components necessary

17 to transport spent nuclear fuel and high-level radioactive

18 waste from facilities designated by contract holders to and

19 among facilities comprising the Integrated Management

20 System. Consistent with the Buy American Act (41 U.S.C.

21 10a–10c), unless the Secretary shall determine it to be

22 inconsistent with the public interest, or the cost to be un23 reasonable, all such systems and components procured by

24 the Secretary shall be manufactured in the United States,

25 with the exception of any transportable storage systems
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1 purchased by contract holders prior to the effective date

2 of the Nuclear Waste Policy Act of 1997 and procured

3 by the Secretary from such contract holders for use in the

4 integrated management system.

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

6 Secretary shall expeditiously pursue the development of

7 each component of the integrated management system,

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

9 management and contracting practices.

10 ‘‘(e) PRIVATE SECTOR PARTICIPATION.—In admin11 istering the Integrated Management System, the Sec12 retary shall, to the maximum extent possible, utilize, em13 ploy, procure and contract with, the private sector to fulfill

14 the Secretary’s obligations and requirements under this

15 Act.

16 ‘‘(f) PREEXISTING RIGHTS.—Nothing in this Act is

17 intended to or shall be construed to modify—

18 ‘‘(1) any right of a contract holder under sec19 tion 302(a) of the Nuclear Waste Policy Act of

20 1982, or under a contract executed prior to the date

21 of enactment of this Act under that section; or

22 ‘‘(2) obligations imposed upon the Federal Gov23 ernment by the United States District Court of

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

25 United States v. Batt (No. 91–0054–S–EJL).
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1 ‘‘(g) LIABILITY.—Subject to subsection (f), nothing

2 in this Act shall be construed to subject the United States

3 to financial liability for the Secretary’s failure to meet any

4 deadline for the acceptance or emplacement of spent nu5 clear fuel or high-level radioactive waste for storage or dis6 posal under this Act.

7 ‘‘TITLE II—INTEGRATED MANAGEMENT

8 SYSTEM

9 SEC. 201. INTERMODAL TRANSFER.

10 ‘‘(a) ACCESS.—The Secretary shall utilize heavy-haul

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

12 radioactive waste from the mainline rail line at Caliente,

13 Nevada, to the interim storage facility site.

14 ‘‘(b) CAPABILITY DATE.—The Secretary shall de15 velop the capability to commence rail to truck intermodal

16 transfer at Caliente, Nevada, no later than November 30,

17 1999. Intermodal transfer and related activities are inci18 dental to the interstate transportation of spent nuclear

19 fuel and high-level radioactive waste.

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

21 lands and rights-of-way necessary to commence intermodal

22 transfer at Caliente, Nevada.

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

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

25 Caliente, Nevada, parcels of land and right-of-way within
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1 Lincoln County, Nevada, as required to facilitate replace2 ment of land and city wastewater disposal facilities nec3 essary to commence intermodal transfer pursuant to this

4 Act. Replacement of land and city wastewater disposal ac5 tivities shall occur no later than November 30, 1999.

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

7 date of enactment of the Nuclear Waste Policy Act of

8 1997, the Secretary shall—

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

10 containing a legal description of the sites and rights11 of-way to be acquired under this subsection; and

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

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

14 Interior, the State of Nevada, the Archivist of the

15 United States, the Board of Lincoln County Com16 missioners, the Board of Nye County Commis17 sioners, and the Caliente City Council.

18 Such map and legal description shall have the same force

19 and effect as if they were included in this Act. The Sec20 retary may correct clerical and typographical errors and

21 legal descriptions and make minor adjustments in the

22 boundaries.

23 ‘‘(f) IMPROVEMENTS.—The Secretary shall make im24 provements to existing roadways selected for heavy-haul

25 truck transport between Caliente, Nevada, and the interim
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1 storage facility site as necessary to facilitate year-round

2 safe transport of spent nuclear fuel and high-level radio3 active waste.

4 ‘‘(g) LOCAL GOVERNMENT INVOLVEMENT.—The

5 Commission shall enter into a Memorandum of Under6 standing with the City of Caliente and Lincoln County,

7 Nevada, to provide advice to the Commission regarding

8 intermodal transfer and to facilitate on-site representa9 tion. Reasonable expenses of such representation shall be

10 paid by the Secretary.

11 ‘‘(h) BENEFITS AGREEMENT.—

12 ‘‘(1) IN GENERAL.—The Secretary shall offer to

13 enter into an agreement with the City of Caliente

14 and Lincoln County, Nevada concerning the inte15 grated 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 the City of Caliente

23 and Lincoln County, Nevada.

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

25 under this subsection may be amended only with the
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1 mutual consent of the parties to the amendment and

2 terminated only in accordance with paragraph (4).

3 ‘‘(4) TERMINATION.—The Secretary shall ter4 minate the agreement under this subsection if any

5 major element of the integrated management system

6 may not be completed.

7 ‘‘(5) LIMITATION.—Only 1 agreement may be

8 in effect at any one time.

9 ‘‘(6) JUDICIAL REVIEW.—Decisions of the Sec10 retary under this section are not subject to judicial

11 review.

12 ‘‘(i) CONTENT OF AGREEMENT.—

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

14 which the City of Caliente and Lincoln County are

15 entitled to under this title, the Secretary shall make

16 payments under the benefits agreement in accord17 ance with the following schedule:

BENEFITS SCHEDULE

(amounts in millions)

Event Payment

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

(B) Annual payments beginning upon first spent fuel receipt ..................... 5

(C) Payment upon closure of the intermodal transfer facility ..................... 5

18 ‘‘(2) DEFINITIONS.—For purposes of this sec19 tion, the term—

20 ‘‘(A) ‘spent fuel’ means high-level radio21 active waste or spent nuclear fuel; and
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1 ‘‘(B) ‘first spent fuel receipt’ does not in2 clude receipt of spent fuel or high-level radio3 active waste for purposes of testing or oper4 ational demonstration.

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

6 prior to first spent fuel receipt under paragraph

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

8 benefits agreement and thereafter on the anniver9 sary date of such execution. Annual payments after

10 the first spent fuel receipt until closure of the facil11 ity under paragraph (1)(C) shall be made on the an12 niversary date of such first spent fuel receipt.

13 ‘‘(4) REDUCTION.—If the first spent fuel pay14 ment under paragraph (1)(B) is made within 6

15 months after the last annual payment prior to the

16 receipt of spent fuel under paragraph (1)(A), such

17 first spent fuel payment under paragraph (1)(B)

shall be reduced by an amount equal to 1 18 ⁄12 of such

19 annual payment under paragraph (1)(A) for each

20 full month less than 6 that has not elapsed since the

21 last annual payment under paragraph (1)(A).

22 ‘‘(5) RESTRICTIONS.—The Secretary may not

23 restrict the purposes for which the payments under

24 this section may be used.
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1 ‘‘(6) DISPUTE.—In the event of a dispute con2 cerning such agreement, the Secretary shall resolve

3 such dispute, consistent with this Act and applicable

4 State law.

5 ‘‘(7) CONSTRUCTION.—The signature of the

6 Secretary on a valid benefits agreement under this

7 section shall constitute a commitment by the United

8 States to make payments in accordance with such

9 agreement under section 401(c)(2).

10 ‘‘(j) INITIAL LAND CONVEYANCES.

11 ‘‘(1) CONVEYANCES OF PUBLIC LANDS.—One

12 hundred and twenty days after enactment of this

13 Act, all right, title and interest of the United States

14 in the property described in paragraph (2), and im15 provements thereon, together with all necessary

16 easements for utilities and ingress and egress to

17 such property, including, but not limited to, the

18 right to improve those easements, are conveyed by

19 operation of law to the County of Lincoln, Nevada,

20 unless the county notifies the Secretary of Interior

21 or the head of such other appropriate agency in

22 writing within 60 days of such date of enactment

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

24 the property, except that any lands conveyed to the

25 County of Lincoln under this subsection that are
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1 subject to a Federal grazing permit or lease or a

2 similar federally granted permit or lease shall be

3 conveyed between 60 and 120 days of the earliest

4 time the Federal agency administering or granting

5 the permit or lease would be able to legally termi6 nate such right under the statutes and regulations

7 existing at the date of enactment of this Act, unless

8 Lincoln County and the affected holder of the permit

9 or lease negotiate an agreement that allows for an

10 earlier conveyance.

11 ‘‘(2) SPECIAL CONVEYANCES.—Notwithstand12 ing any other law, the following public lands de13 picted on the maps and legal descriptions dated Oc14 tober 11, 1995, shall be conveyed under paragraph

15 (1) to the County of Lincoln, Nevada:

16 Map 10: Lincoln County, Parcel M, Indus17 trial Park Site

18 Map 11: Lincoln County, Parcel F, Mixed

19 Use Industrial Site

20 Map 13: Lincoln County, Parcel J, Mixed

21 Use, Alamo Community Expansion Area

22 Map 14: Lincoln County, Parcel E, Mixed

23 Use, Pioche Community Expansion Area

24 Map 15: Lincoln County, Parcel B, Land25 fill Expansion Site.
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1 ‘‘(3) CONSTRUCTION.—The maps and legal de2 scriptions of special conveyances referred to in para3 graph (2) shall have the same force and effect as if

4 they were included in this Act. The Secretary may

5 correct clerical and typographical errors in the maps

6 and legal descriptions and make minor adjustments

7 in the boundaries of the sites.

8 ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon

9 the request of the County of Lincoln, Nevada, the

10 Secretary of the Interior shall provide evidence of

11 title transfer.

12 ‘‘SEC. 202. TRANSPORTATION PLANNING.

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

14 shall take those actions that are necessary and appropriate

15 to ensure that the Secretary is able to transport safely

16 spent nuclear fuel and high-level radioactive waste from

17 sites designated by the contract holders to mainline trans18 portation facilities, using routes that minimize, to the

19 maximum practicable extent consistent with Federal re20 quirements governing transportation of hazardous mate21 rials, transportation of spent nuclear fuel and high-level

22 radioactive waste through populated areas, beginning not

23 later than November 30, 1999, and, by that date, shall,

24 in consultation with the Secretary of Transportation, de25 velop and implement a comprehensive management plan
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1 that ensures that safe transportation of spent nuclear fuel

2 and high-level radioactive waste from the sites designated

3 by the contract holders to the interim storage facility site

4 beginning not later than November 30, 1999.

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

6 with the development of the logistical plan in accordance

7 with subsection (a), the Secretary shall update and mod8 ify, as necessary, the Secretary’s transportation institu9 tional plans to ensure that institutional issues are ad10 dressed and resolved on a schedule to support the com11 mencement of transportation of spent nuclear fuel and

12 high-level radioactive waste to the interim storage facility

13 no later than November 30, 1999. Among other things,

14 such planning shall provide a schedule and process for ad15 dressing and implementing, as necessary, transportation

16 routing plans, transportation contracting plans, transpor17 tation training in accordance with Section 203, and public

18 education regarding transportation of spent nuclear fuel

19 and high level radioactive waste; and transportation track20 ing programs.

21 ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS.

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

23 fuel or high-level radioactive waste may be transported by

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

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

2 abide by regulations of the Commission regarding advance

3 notification of State and local governments prior to trans4 portation of spent nuclear fuel or high-level radioactive

5 waste under this Act.

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

7 provide technical assistance and funds to States, units of

8 local government, and Indian tribes through whose juris9 diction the Secretary plans to transport substantial

10 amounts of spent nuclear fuel or high-level radioactive

11 waste for training for public safety officials of appropriate

12 units of local government. The Secretary shall also provide

13 technical assistance and funds for training directly to na14 tional nonprofit employee organizations which dem15 onstrate experience in implementing and operating worker

16 health and safety training and education programs and

17 demonstrate the ability to reach and involve in training

18 programs target populations of workers who are or will

19 be directly engaged in the transportation of spent nuclear

20 fuel and high-level radioactive waste, or emergency re21 sponse or post-emergency response with respect to such

22 transportation. Training shall cover procedures required

23 for safe routine transportation of these materials, as well

24 as procedures for dealing with emergency response situa25 tions, and shall be consistent with any training standards
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1 established by the Secretary of Transportation in accord2 ance with subsection (g). The Secretary’s duty to provide

3 technical and financial assistance under this subsection

4 shall be limited to amounts specified in annual appropria5 tions.

6 ‘‘SEC. 202. TRANSPORTATION PLANNING.

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

8 ‘‘(1) shall take such actions as are necessary and

9 appropriate to ensure that the Secretary is able to

10 transport safely spent nuclear fuel and high-level ra11 dioactive waste from sites designated by the contract

12 holders to mainline transportation facilities and from

13 the mainline transportation facilities to the interim

14 storage facility or repository, using routes that mini15 mize, to the maximum practicable extent consistent

16 with Federal requirements governing transportation

17 of hazardous materials, transportation of spent nu18 clear fuel and high-level radioactive waste through

19 populated areas, beginning not later than November

20 30, 1999; and

21 ‘‘(2) not later than November 30, 1999, shall, in

22 consultation with the Secretary of Transportation

23 and affected States and tribes, develop and implement

24 a comprehensive management plan that ensures that

25 safe transportation of spent nuclear fuel and high-
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1 level radioactive waste from the sites designated by

2 the contract holders to the interim storage facility site

3 beginning not later than that date.

4 ‘‘(b) TRANSPORTATION PLANNING.—

5 ‘‘(1) IN GENERAL.—In conjunction with the de6 velopment of the logistical plan in accordance with

7 subsection (a), the Secretary shall update and modify,

8 as necessary, the Secretary’s transportation institu9 tional plans to ensure that institutional issues are ad10 dressed and resolved on a schedule to support the com11 mencement of transportation of spent nuclear fuel

12 and high-level radioactive waste to the interim storage

13 facility not later than November 30, 1999.

14 ‘‘(2) MATTERS TO BE ADDRESSED.—Among

15 other things, planning under paragraph (1) shall pro16 vide a schedule and process for addressing and imple17 menting, as necessary—

18 ‘‘(A) transportation routing plans;

19 ‘‘(B) transportation contracting plans;

20 ‘‘(C) transportation training in accordance

21 with section 203;

22 ‘‘(D) public education regarding transpor23 tation of spent nuclear fuel and high level radio24 active waste; and

25 ‘‘(E) transportation tracking programs.
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1 ‘‘(c) SHIPPING CAMPAIGN TRANSPORTATION PLANS.—

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

3 a transportation plan for the implementation of each

4 shipping campaign (as that term is defined by the

5 Secretary) from each site at which high-level nuclear

6 waste is stored, in accordance with the requirements

7 stated in Department of Energy Order No. 460.2 and

8 the Program Manager’s Guide.

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

10 transportation plan shall—

11 ‘‘(A) be fully integrated with State, and

12 tribal government notification, inspection, and

13 emergency response plans along the preferred

14 shipping route or State-designated alternative

15 route identified under subsection (d); and

16 ‘‘(B) be consistent with the principles and

17 procedures developed for the safe transportation

18 of transuranic waste to the Waste Isolation Pilot

19 Plant (unless the Secretary demonstrates that a

20 specific principle or procedure is inconsistent

21 with a provision of this Act).

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

23 ‘‘(1) IN GENERAL.—The Secretary shall evaluate

24 the relative safety of the proposed shipping routes and
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1 shipping modes from each shipping origin to the in2 terim storage facility or repository compared with the

3 safety of alternative modes and routes.

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

5 paragraph (1) shall be conducted in a manner con6 sistent with regulations promulgated by the Secretary

7 of Transportation under authority of chapter 51 of

8 title 49, United States Code, and the Nuclear Regu9 latory Commission under authority of the Atomic En10 ergy Act of 1954 (42 U.S.C. 2011 et seq.), as applica11 ble.

12 ‘‘(3) DESIGNATION OF PREFERRED SHIPPING

13 ROUTE AND MODE.—Following the evaluation under

14 paragraph (1), the Secretary shall designate preferred

15 shipping routes and modes from each civilian nuclear

16 power reactor and Department of Energy facility that

17 stores spent nuclear fuel or other high-level defense

18 waste.

19 ‘‘(4) SELECTION OF PRIMARY SHIPPING

20 ROUTE.—If the Secretary designates more than 1 pre21 ferred route under paragraph (3), the Secretary shall

22 select a primary route after considering, at a mini23 mum, historical accident rates, population, signifi24 cant hazards, shipping time, shipping distance, and
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1 mitigating measures such as limits on the speed of

2 shipments.

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

4 MODE.—Except in cases of emergency, for all ship5 ments conducted under this Act, the Secretary shall

6 cause the primary shipping route and mode or State7 designated alternative route under chapter 51 of title

8 49, United States Code, to be used. If a route is des9 ignated as a primary route for any reactor or De10 partment of Energy facility, the Secretary may use

11 that route to transport spent nuclear fuel or high-level

12 radioactive waste from any other reactor or Depart13 ment of Energy facility.

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

15 Following selection of the primary shipping routes, or

16 State-designated alternative routes, the Secretary

17 shall focus training and technical assistance under

18 section 203(c) on those routes.

19 ‘‘(7) PREFERRED RAIL ROUTES.—

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

21 after the date of enactment of the Nuclear Waste

22 Policy Act of 1997, the Secretary of Transpor23 tation, pursuant to authority under other provi24 sions of law, shall promulgate a regulation estab25 lishing procedures for the selection of preferred
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1 routes for the transportation of spent nuclear

2 fuel and nuclear waste by rail.

3 ‘‘(B) INTERIM PROVISION.—During the pe4 riod beginning on the date of enactment of the

5 Nuclear Waste Policy Act of 1997 and ending on

6 the date of issuance of a final regulation under

7 subparagraph (A), rail transportation of spent

8 nuclear fuel and high-level radioactive waste

9 shall be conducted in accordance with regulatory

10 requirements in effect on that date and with this

11 section.

12 ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS.

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

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

15 for the Secretary under this Act except in packages that

16 have been certified for such purposes by the Commission.

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

18 by regulations of the Commission regarding advance notifi19 cation of State and tribal governments prior to transpor20 tation of spent nuclear fuel or high-level radioactive waste

21 under this Act.

22 ‘‘(c) TECHNICAL ASSISTANCE.—

23 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) STATES AND INDIAN TRIBES.—As pro2 vided in paragraph (3), the Secretary shall pro3 vide technical assistance and funds to States and

4 Indian tribes for training of public safety offi5 cials of appropriate units of State, local, and

6 tribal government. A State shall allocate to local

7 governments within the State a portion any

8 funds that the Secretary provides to the State for

9 technical assistance and funding.

10 ‘‘(B) EMPLOYEE ORGANIZATIONS.—The Sec11 retary shall provide technical assistance and

12 funds for training directly to nonprofit employee

13 organizations and joint labor-management orga14 nizations that demonstrate experience in imple15 menting and operating worker health and safety

16 training and education programs and dem17 onstrate the ability to reach and involve in

18 training programs target populations of workers

19 who are or will be directly engaged in the trans20 portation of spent nuclear fuel and high-level ra21 dioactive waste, or emergency response or post22 emergency response with respect to such trans23 portation.

24 ‘‘(C) TRAINING.—Training under this sec25 tion—
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1 ‘‘(i) shall cover procedures required for

2 safe routine transportation of materials and

3 procedures for dealing with emergency re4 sponse situations;

5 ‘‘(ii) shall be consistent with any

6 training standards established by the Sec7 retary of Transportation under subsection

8 (g); and

9 ‘‘(iii) shall include—

10 ‘‘(I) a training program applica11 ble to persons responsible for respond12 ing to emergency situations occurring

13 during the removal and transportation

14 of spent nuclear fuel and high-level ra15 dioactive waste;

16 ‘‘(II) instruction of public safety

17 officers in procedures for the command

18 and control of the response to any inci19 dent involving the waste; and

20 ‘‘(III) instruction of radiological

21 protection and emergency medical per22 sonnel in procedures for responding to

23 an incident involving spent nuclear

24 fuel or high-level radioactive waste

25 being transported.
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1 ‘‘(2) NO SHIPMENTS IF NO TRAINING.—(A) There

2 will be no shipments of spent nuclear fuel and high3 level radioactive waste through the jurisdiction of any

4 State or the reservation lands of any Indian tribe eli5 gible for grants under paragraph (3)(B) unless tech6 nical assistance and funds to implement procedures

7 for safe routine transportation and for dealing with

8 emergency response situations under paragraph

9 (1)(A) have been available to a State or Indian tribe

10 for at least 2 years prior to any shipment: Provided,

11 however, That the Secretary may ship spent nuclear

12 fuel and high-level radioactive waste if technical as13 sistance or funds have not been made available due to

14 (1) an emergency, including the sudden and unfore15 seen closure of a highway or rail line or the sudden

16 and unforeseen need to remove spent fuel from a reac17 tor because of an accident, or (2) the refusal to accept

18 technical assistance by a State or Indian tribe, or (3)

19 fraudulent actions which violate Federal law govern20 ing the expenditure of Federal funds.

21 ‘‘(B) In the event the Secretary is required to

22 transport spent fuel or high level radioactive waste

23 through a jurisdiction prior to 2 years after the pro24 vision of technical assistance or funds to such juris25 diction, the Secretary shall, prior to such shipment,
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1 hold meetings in each State and Indian reservation

2 through which the shipping route passes in order to

3 present initial shipment plans and receive comments.

4 Department of Energy personnel trained in emer5 gency response shall escort each shipment. Funds and

6 all Department of Energy training resources shall be

7 made available to States and Indian tribes along the

8 shipping route no later than three months prior to the

9 commencement of shipments: Provided, however, That

10 in no event shall such shipments exceed 1,000 metric

11 tons per year, And provided further, That no such

12 shipments shall be conducted more than four years

13 after the effective date of the Nuclear Waste Policy Act

14 of 1997.

15 ‘‘(3) GRANTS.—

16 ‘‘(A) IN GENERAL.—To implement this sec17 tion, grants shall be made under section

18 401(c)(2).

19 ‘‘(B) GRANTS FOR DEVELOPMENT OF

20 PLANS.—

21 ‘‘(i) IN GENERAL.—The Secretary shall

22 make a grant of at least $150,000 to each

23 State through the jurisdiction of which and

24 each federally recognized Indian tribe

25 through the reservation lands of which a
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1 shipment of spent nuclear fuel or high-level

2 radioactive waste will be made under this

3 Act for the purpose of developing a plan to

4 prepare for such shipments.

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 involv9 ing 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 under

16 subparagraph (B). The Secretary, in sub17 mitting annual departmental budget to

18 Congress for funding of implementation

19 grants under this section, shall be guided by

20 the State and tribal plans developed under

21 subparagraph (B). As part of the Depart22 ment of Energy’s annual budget request, the

23 Secretary shall report to Congress on—
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1 ‘‘(I) the funds requested by states

2 and federally recognized Indian tribes

3 to implement this subsection;

4 ‘‘(II) the amount requested by the

5 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 available

12 for grants under this subparagraph for any

13 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 allocated

21 to States and Indian tribes in propor22 tion to the number of shipment miles

23 that are projected to be made in total

24 shipments under this Act through each

25 jurisdiction.
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1 ‘‘(4) AVAILABILITY OF FUNDS FOR SHIP2 MENTS.—Funds under paragraph (1) shall be

3 provided for shipments to an interim storage fa4 cility or repository, regardless of whether the in5 terim storage facility or repository is operated

6 by a private entity or by the Department of En7 ergy.

8 ‘‘(d) PUBLIC EDUCATION.—The Secretary shall con9 duct a program to educate the public regarding the trans10 portation of spent nuclear fuel and high-level radioactive

11 waste, with an emphasis upon those States, units of local

12 government, and Indian tribes through whose jurisdiction

13 the Secretary plans to transport substantial amounts of

14 spent nuclear fuel or high-level radioactive waste.

15 ‘‘(e) COMPLIANCE WITH TRANSPORTATION REGULA16 TIONS.—Any person that transports spent nuclear fuel or

17 high-level radioactive waste under the Nuclear Waste Pol18 icy Act of 1986 1997, pursuant to a contract with the Sec19 retary, shall comply with all requirements governing such

20 transportation issued by the Federal, State, and local gov21 ernments, and Indian tribes, in the same way and to the

22 same extent that any person engaging in that transpor23 tation that is in or affects interstate commerce must com24 ply with such requirements, as required by 49 U.S.C. sec.

25 5126.
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1 ‘‘(f) 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 49 U.S.C.

6 20109 and 49 U.S.C. 31105.

7 ‘‘(g) TRAINING STANDARD.—(1) No later than 12

8 months after the date of enactment of the Nuclear Waste

9 Policy Act of 1997, the Secretary of Transportation, pur10 suant to authority under other provisions of law, in con11 sultation with the Secretary of Labor and the Commission,

12 shall promulgate a regulation establishing training stand13 ards applicable to workers directly involved in the removal

14 and transportation of spent nuclear fuel and high-level ra15 dioactive waste. The regulation shall specify minimum

16 training standards applicable to workers, including mana17 gerial personnel. The regulation shall require that the em18 ployer possess evidence of satisfaction of the applicable

19 training standard before any individual may be employed

20 in the removal and transportation of spent nuclear fuel

21 and high-level radioactive waste.

22 ‘‘(2) If the Secretary of Transportation determines,

23 in promulgating the regulation required by subparagraph

24 (1), that regulations promulgated by the Commission es25 tablish adequate training standards for workers, then the
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1 Secretary of Transportation can refrain from promulgat2 ing additional regulations with respect to worker training

3 in such activities. The Secretary of Transportation and the

4 Commission shall work through their Memorandum of Un5 derstanding to ensure coordination of worker training

6 standards and to avoid duplicative regulation.

7 ‘‘(3) The training standards required to be promul8 gated under subparagraph (1) shall, among other things

9 deemed necessary and appropriate by the Secretary of

10 Transportation, include the following provisions—

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

12 initial offsite instruction and actual field experience

13 under the direct supervision of a trained, experi14 enced supervisor;

15 ‘‘(B) a requirement that onsite managerial per16 sonnel receive the same training as workers, and a

17 minimum number of additional hours of specialized

18 training pertinent to their managerial responsibil19 ities; and

20 ‘‘(C) a training program applicable to persons

21 responsible for responding to and cleaning up emer22 gency situations occurring during the removal and

23 transportation of spent nuclear fuel and high-level

24 radioactive waste.
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1 ‘‘(4) There is authorized to be appropriated to the

2 Secretary of Transportation, from general revenues, such

3 sums as may be necessary to perform his duties under this

4 subsection.

5 ‘‘SEC. 204. INTERIM STORAGE.

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

7 construct, and operate a facility for the interim storage

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

9 the interim storage facility site. The interim storage facil10 ity shall be subject to licensing pursuant to the Atomic

11 Energy Act of 1954 in accordance with the Commission’s

12 regulations governing the licensing of independent spent

13 fuel storage installations, which regulations shall be

14 amended by the Commission as necessary to implement

15 the provisions of this Act. The interim storage facility

16 shall commence operation in phases in accordance with

17 subsection (b).

18 ‘‘(b) SCHEDULE.—(1) The Secretary shall proceed

19 forthwith and without further delay with all activities nec20 essary to begin storing spent nuclear fuel and high-level

21 radioactive waste at the interim storage facility at the in22 terim storage facility site by November 30, 1999, except

23 that:
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1 ‘‘(A) The Secretary shall not begin any con2 struction activities at the interim storage facility site

3 before December 31, 1998.

4 ‘‘(B) The Secretary shall cease all activities (ex5 cept necessary termination activities) at the Yucca

6 Mountain site if the President determines, in his dis7 cretion, on or before December 31, 1998, based on

8 a preponderance of the information available at such

9 time, that the Yucca Mountain site is unsuitable for

10 development as a repository, including geologic and

11 engineered barriers, because of a substantial likeli12 hood that a repository of useful size cannot be de13 signed, licensed, and constructed at the Yucca

14 Mountain site.

15 ‘‘(C) No later than June 30, 1998, the Sec16 retary shall provide to the President and to the Con17 gress a viability assessment of the Yucca Mountain

18 site. The viability assessment shall include—

19 ‘‘(i) the preliminary design concept for the

20 critical elements of the repository and waste

21 package,

22 ‘‘(ii) a total system performance assess23 ment, based upon the design concept and the

24 scientific data and analysis available by June

25 30, 1998, describing the probable behavior of
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1 the repository in the Yucca Mountain geologic

2 setting relative to the overall system perform3 ance standard set forth in section 205(d) of this

4 Act,

5 ‘‘(iii) a plan and cost estimate for the re6 maining work required to complete a license ap7 plication, and

8 ‘‘(iv) an estimate of the costs to construct

9 and operate the repository in accordance with

10 the design concept.

11 ‘‘(D) Within 18 months of a determination by

12 the President that the Yucca Mountain site is un13 suitable for development as a repository under sub14 paragraph (B), the President shall designate a site

15 for the construction of an interim storage facility.

16 The President shall not designate the Hanford Nu17 clear Reservation in the State of Washington as a site

18 for construction of an interim storage facility. If the

19 President does not designate a site for the construc20 tion of an interim storage facility, or the construc21 tion of an interim storage facility at the designated

22 site is not approved by law within 24 months of the

23 President’s determination that the Yucca Mountain

24 site is not suitable for development as a repository,

25 the Secretary shall begin construction of an interim
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1 storage facility at the interim storage facility site as

2 defined in section 2(19) of this Act. The interim

3 storage facility site as defined in section 2(19) of

4 this Act shall be deemed to be approved by law for

5 purposes of this section.

6 ‘‘(2) Upon the designation of an interim storage facil7 ity site by the President under paragraph (1)(D), the Sec8 retary shall proceed forthwith and without further delay

9 with all activities necessary to begin storing spent nuclear

10 fuel and high-level radioactive waste at an interim storage

11 facility at the designated site, except that the Secretary

12 shall not begin any construction activities at the des13 ignated interim storage facility site before the designated

14 interim storage facility site is approved by law.

15 ‘‘(c) DESIGN.—

16 ‘‘(1) The interim storage facility shall be de17 signed in two phases in order to commence oper18 ations no later than November 30, 1999. The design

19 of the interim storage facility shall provide for the

20 use of storage technologies, licensed, approved, or

21 certified by the Commission for use at the interim

22 storage facility as necessary to ensure compatibility

23 between the interim storage facility and contract
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1 holders’ spent nuclear fuel and facilities, and to fa2 cilitate the Secretary’s ability to meet the Sec3 retary’s obligations under this Act.

4 ‘‘(2) The Secretary shall consent to an amend5 ment to the contracts to provide for reimbursement

6 to contract holders for transportable storage systems

7 purchased by contract holders if the Secretary deter8 mines that it is cost effective to use such transport9 able storage systems as part of the integrated man10 agement system, provided that the Secretary shall

11 not be required to expend any funds to modify con12 tract holders’ storage or transport systems or to

13 seek additional regulatory approvals in order to use

14 such systems.

15 ‘‘(d) LICENSING.—

16 ‘‘(1) PHASES.—The interim storage facility

17 shall be licensed by the Commission in two phases

18 in order to commence operations no later than No19 vember 30, 1999.

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

21 after the date of enactment of the Nuclear Waste

22 Policy Act of 1997, the Secretary shall submit to the

23 Commission an application for a license for the first

24 phase of the interim storage facility. The Environ25 mental Report and Safety Analysis Report submitted
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1 in support of such license application shall be con2 sistent with the scope of authority requested in the

3 license application. The license issued for the first

4 phase of the interim storage facility shall have a

5 term of 20 years. The interim storage facility li6 censed in the first phase shall have a capacity of

7 not more than 15,000 MTU. The Commission shall

8 issue a final decision granting or denying the appli9 cation for the first phase license no later than 16

10 months from the date of the submittal of the appli11 cation for such license.

12 ‘‘(3) SECOND PHASE.—No later than 30

13 months after the date of enactment of the Nuclear

14 Waste Policy Act of 1997, the Secretary shall sub15 mit to the Commission an application for a license

16 for the second phase interim storage facility. The li17 cense for the second phase facility shall authorize a

18 storage capacity of 40,000 MTU. If the Secretary

19 does not submit the license application for construc20 tion of a respository by February 1, 2002, or does

21 not begin full spent nuclear fuel receipt operations

22 at a repository by January 17, 2010, the license

23 shall authorize a storage capacity of 60,000 MTU.

24 The license application shall be submitted such that

25 the license can be issued to permit the second phase
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1 facility to begin full spent nuclear fuel receipt oper2 ations no later than December 31, 2002. The license

3 for the second phase shall have an initial term of up

4 to 100 years, and shall be renewable for additional

5 terms upon application of the Secretary.

6 ‘‘(e) ADDITIONAL AUTHORITY.—

7 ‘‘(1) CONSTRUCTION.—For purposes of comply8 ing with this section, the Secretary may commence

9 site preparation for the interim storage facility as

10 soon as practicable after the date of enactment of

11 the Nuclear Waste Policy Act of 1997 and shall

12 commence construction of each phase of the interim

13 storage facility subsequent to submittal of the li14 cense application for such phase except that the

15 Commission shall issue an order suspending such

16 construction at any time if the Commission deter17 mines that such construction poses an unreasonable

18 risk to public health and safety or the environment.

19 The Commission shall terminate all or part of such

20 order upon a determination that the Secretary has

21 taken appropriate action to eliminate such risk.

22 ‘‘(2) FACILITY USE.—Notwithstanding any oth23 erwise applicable licensing requirement, the Sec24 retary may utilize any facility owned by the Federal

25 Government on the date of enactment of the Nuclear
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1 Waste Policy Act of 1997 within the boundaries of

2 the interim storage facility site, in connection with

3 an imminent and substantial endangerment to public

4 health and safety at the interim storage facility prior

5 to commencement of operations during the second

6 phase.

7 ‘‘(3) EMPLACEMENT OF FUEL AND WASTE.—

8 Subject to paragraph (i), once the Secretary has

9 achieved in each year in which the actual emplace10 ment rate is greater than the annual acceptance rate

11 for spent nuclear fuel from civilian nuclear power re12 actors established pursuant to the contracts executed

13 prior to the date of enactment of the Nuclear Waste

14 Policy Act of 1997, as set forth in the Secretary’s

15 annual capacity report dated March 1995 (DOE/

16 RW–0457), the Secretary shall accept, in an amount

17 not less than 25 percent of the difference between

18 the contractual acceptance rate and the annual ac19 tual emplacement rate for spent nuclear fuel from

20 civilian nuclear power reactors established under sec21 tion 507(a), the following radioactive materials:

22 ‘‘(A) spent nuclear fuel or high-level radio23 active waste of domestic origin from civilian nu24 clear power reactors that have permanently
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1 ceased operation on or before the date of enact2 ment of the Nuclear Waste Policy Act of 1997;

3 ‘‘(B) spent nuclear fuel from foreign re4 search reactors, as necessary to promote non5 proliferation objectives; and

6 ‘‘(C) spent nuclear fuel, including spent

7 nuclear fuel from naval reactors, and high-level

8 radioactive waste from atomic energy defense

9 activities: Provided, however, That the Secretary

10 shall accept not less than 5 percent of the total

11 quantity of spent fuel accepted in any one year

12 from the categories of radioactive materials de13 scribed in subparagraphs (B) and (C).

14 ‘‘(f) NATIONAL ENVIRONMENTAL POLICY ACT OF

15 1969.—

16 ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI17 TIES.—The Secretary’s and President’s activities

18 under this section, including, but not limited to, the

19 selection of a site for the interim storage facility, as20 sessments, determinations and designations made

21 under section 204(b), the preparation and submittal

22 of a license application and supporting documenta23 tion, the construction of a facility under paragraph

24 (e)(1) of this section, and facility use pursuant to

25 paragraph (e)(2) of this section shall be considered
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1 preliminary decisionmaking activities for purposes of

2 judicial review. The Secretary shall not prepare an

3 environmental impact statement under section

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

5 of 1969 (42 U.S.C. 4332(2)(C)) or any environ6 mental review under subparagraph (E) or (F) of

7 such Act before conducting these activities.

8 ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—

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

10 by the Commission to grant or deny a license

11 application for the first or second phase of the

12 interim storage facility shall be accompanied by

13 an Environmental Impact Statement prepared

14 under section 102(2)(C) of the National Envi15 ronmental Policy Act of 1969 (42 U.S.C.

16 4332(2)(C)). In preparing such Environmental

17 Impact Statement, the Commission—

18 ‘‘(i) shall ensure that the scope of the

19 Environmental Impact Statement is con20 sistent with the scope of the licensing ac21 tion; and

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

23 transportation of spent nuclear fuel and

24 high-level radioactive waste to the interim

25 storage facility in a generic manner.
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1 ‘‘(B) CONSIDERATIONS.—Such Environ2 mental Impact Statement shall not consider—

3 ‘‘(i) the need for the interim storage

4 facility, including any individual compo5 nent thereof;

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

7 of the interim storage facility;

8 ‘‘(iii) any alternatives to the storage

9 of spent nuclear fuel and high-level radio10 active waste at the interim storage facility;

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

12 the facility as designated by the Secretary

13 in accordance with subsection (a);

14 ‘‘(v) any alternatives to the design cri15 teria for such facility or any individual

16 component thereof, as specified by the Sec17 retary in the license application; or

18 ‘‘(vi) the environmental impacts of the

19 storage of spent nuclear fuel and high-level

20 radioactive waste at the interim storage fa21 cility beyond the initial term of the license

22 or the term of the renewal period for which

23 a license renewal application is made.
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1 ‘‘(g) JUDICIAL REVIEW.—Judicial review of the Com2 mission’s environmental impact statement under the Na3 tional Environmental Policy Act of 1969 (42 U.S.C. 4321

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

5 Commission’s licensing decision. No court shall have juris6 diction to enjoin the construction or operation of the in7 terim storage facility prior to its final decision on review

8 of the Commission’s licensing action.

9 ‘‘(h) WASTE CONFIDENCE.—The Secretary’s obliga10 tion to construct and operate the interim storage facility

11 in accordance with this section and the Secretary’s obliga12 tion to develop an integrated management system in ac13 cordance with the provisions of this Act, shall provide suf14 ficient and independent grounds for any further findings

15 by the Commission of reasonable assurance that spent nu16 clear fuel and high-level radioactive waste will be disposed

17 of safely and on a timely basis for purposes of the Com18 mission’s decision to grant or amend any license to operate

19 any civilian nuclear power reactor under the Atomic En20 ergy Act of 1954 (42 U.S.C. 2011 et seq.).

21 ‘‘(i) STORAGE OF OTHER SPENT NUCLEAR FUEL

22 AND HIGH-LEVEL RADIOACTIVE WASTE.—No later than

23 18 months following the date of enactment of the Nuclear

24 Waste Policy Act of 1997, the Commission shall, by rule,
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1 establish criteria for the storage in the interim storage fa2 cility of fuel and waste listed in subsection (e)(3) (A)

3 through (C), to the extent such criteria are not included

4 in regulations issued by the Commission and existing on

5 the date of enactment of the Nuclear Waste Policy Act

6 of 1997. Following establishment of such criteria, the Sec7 retary shall seek authority, as necessary, to store fuel and

8 waste listed in subsection (e)(3) (A) through (C) at the

9 interim storage facility. None of the activities carried out

10 pursuant to this subsection shall delay, or otherwise affect,

11 the development, construction, licensing, or operation of

12 the interim storage facility.

13 ‘‘(j) SAVINGS CLAUSE.—The Commission shall, by

14 rule, establish procedures for the licensing of any tech15 nology for the dry storage of spent nuclear fuel by rule

16 and without, to the maximum extent possible, the need

17 for site-specific approvals by the Commission. Nothing in

18 this Act shall affect any such procedures, or any licenses

19 or approvals issued pursuant to such procedures in effect

20 on the date of enactment.

21 ‘‘SEC. 205. PERMANENT REPOSITORY.

22 ‘‘(a) REPOSITORY CHARACTERIZATION.—

23 ‘‘(1) GUIDELINES.—The guidelines promul24 gated by the Secretary and published at 10 CFR
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1 part 960 are annulled and revoked and the Sec2 retary shall make no assumptions or conclusions

3 about the licensability of the Yucca Mountain site as

4 a repository by reference to such guidelines.

5 ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.—

6 The Secretary shall carry out appropriate site char7 acterization activities at the Yucca Mountain site in

8 accordance with the Secretary’s program approach

9 to site characterization. The Secretary shall modify

10 or eliminate those site characterization activities de11 signed only to demonstrate the suitability of the site

12 under the guidelines referenced in paragraph (1).

13 ‘‘(3) SCHEDULE DATE.—Consistent with the

14 schedule set forth in the program approach, as

15 modified to be consistent with the Nuclear Waste

16 Policy Act of 1997, no later than February 1, 2002,

17 the Secretary shall apply to the Commission for au18 thorization to construct a repository. If, at any time

19 prior to the filing of such application, the Secretary

20 determines that the Yucca Mountain site cannot sat21 isfy the Commission’s regulations applicable to the

22 licensing of a geologic repository, the Secretary shall

23 terminate site characterization activities at the site,

24 notify Congress and the State of Nevada of the Sec25 retary’s determination and the reasons therefor, and
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1 recommend to Congress not later than 6 months

2 after such determination furthers actions, including

3 the enactment of legislation, that may be needed to

4 manage the Nation’s spent nuclear fuel and high5 level radioactive waste.

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

7 application for authorization to construct the reposi8 tory, the Secretary shall seek to maximize the capac9 ity of the repository, in the most cost-effective man10 ner, consistent with the need for disposal capacity.

11 ‘‘(b) REPOSITORY LICENSING.—Upon the completion

12 of any licensing proceeding for the first phase of the in13 terim storage facility, the Commission shall amend its reg14 ulations governing the disposal of spent nuclear fuel and

15 high-level radioactive waste in geologic repositories to the

16 extent necessary to comply with this Act. Subject to sub17 section (c), such regulations shall provide for the licensing

18 of the repository according to the following procedures:

19 ‘‘(1) CONSTRUCTION AUTHORIZATION.—The

20 Commission shall grant the Secretary a construction

21 authorization for the repository upon determining

22 that there is reasonable assurance that spent nuclear

23 fuel and high-level radioactive waste can be disposed

24 of in the repository—
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1 ‘‘(A) in conformity with the Secretary’s ap2 plication, the provisions of this Act, and the

3 regulations of the Commission;

4 ‘‘(B) without unreasonable risk to the

5 health and safety of the public; and

6 ‘‘(C) consistent with the common defense

7 and security.

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

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

12 of spent nuclear fuel and high-level radioactive waste

13 in the repository if the Commission determines that

14 the repository has been constructed and will oper15 ate—

16 ‘‘(A) in conformity with the Secretary’s ap17 plication, the provisions of this Act, and the

18 regulations of the Commission;

19 ‘‘(B) without unreasonable risk to the

20 health and safety of the public; and

21 ‘‘(C) consistent with the common defense

22 and security.

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

24 fuel and high-level radioactive waste in the reposi25 tory and collecting sufficient confirmatory data on
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1 repository performance to reasonably confirm the

2 basis for repository closure consistent with the Com3 mission’s regulations applicable to the licensing of a

4 repository, as modified in accordance with this Act,

5 the Secretary shall apply to the Commission to

6 amend the license to permit permanent closure of

7 the repository. The Commission shall grant such li8 cense amendment upon finding that there is reason9 able assurance that the repository can be perma10 nently closed—

11 ‘‘(A) in conformity with the Secretary’s ap12 plication to amend the license, the provisions of

13 this Act, and the regulations of the Commis14 sion;

15 ‘‘(B) without unreasonable risk to the

16 health and safety of the public; and

17 ‘‘(C) consistent with the common defense

18 and security.

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

20 those actions necessary and appropriate at the

21 Yucca Mountain site to prevent any activity at the

22 site subsequent to repository closure that poses an

23 unreasonable risk of—

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

25 or geologic barriers; or
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1 ‘‘(B) increasing the exposure of individual

2 members of the public to radiation beyond the

3 release standard established in subsection

4 (d)(1).

5 ‘‘(c) MODIFICATION OF REPOSITORY LICENSING

6 PROCEDURE.—The Commission’s regulations shall pro7 vide for the modification of the repository licensing proce8 dure, as appropriate, in the event that the Secretary seeks

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

10 a retrievable basis, of spent nuclear fuel or high-level ra11 dioactive waste as is necessary to provide the Secretary

12 with sufficient confirmatory data on repository perform13 ance to reasonably confirm the basis for repository closure

14 consistent with applicable regulations.

15 ‘‘(d) REPOSITORY LICENSING STANDARDS.—The Ad16 ministrator of the Environmental Protection Agency shall,

17 pursuant to authority under others provisions of law, issue

18 generally applicable standards for the protection of the

19 public from releases of radioactive materials or radioactiv20 ity from the repository. Such standards shall be consistent

21 with the overall system performance standard established

22 by this subsection unless the Administrator determines by

23 rule that the overall system performance standard would

24 constitute an unreasonable risk to health and safety. The

25 Commission’s repository licensing determinations for the
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1 protection of the public shall be based solely on a finding

2 whether the repository can be operated in conformance

3 with the overall system performance standard established

4 in paragraph (1), applied in accordance with the provi5 sions of paragraph (2), and the Administrator’s radiation

6 protection standards. The Commission shall amend its

7 regulations in accordance with subsection (b) to incor8 porate each of the following licensing standards:

9 ‘‘(1) ESTABLISHMENT OF OVERALL SYSTEM

10 PERFORMANCE STANDARD.—The standard for pro11 tection of the public from release of radioactive ma12 terial or radioactivity from the repository shall pro13 hibit releases that would expose an average member

14 of the general population in the vicinity of the Yucca

15 Mountain site to an annual dose in excess of 100

16 millirems unless the Commission determines by rule

17 that such standard would constitute an unreasonable

18 risk to health and safety and establishes by rule an19 other standard which will protect health and safety.

20 Such standard shall constitute an overall system

21 performance standard.

22 ‘‘(2) APPLICATION OF OVERALL SYSTEM PER23 FORMANCE STANDARD.—The Commission shall issue

24 the license if it finds reasonable assurance that for

25 the first 1,000 years following the commencement of
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1 repository operations, the overall system perform2 ance standard will be met based on a probabilistic

3 evaluation, as appropriate, of compliance with the

4 overall system performance standard in paragraph

5 (1).

6 ‘‘(3) FACTORS.—For purposes of making the

7 finding in paragraph (2)—

8 ‘‘(A) the Commission shall not consider

9 catastrophic events where the health con10 sequences of individual events themselves can

11 be reasonably assumed to exceed the health

12 consequences due to the impact of the events on

13 repository performance;

14 ‘‘(B) for the purpose of this section, an av15 erage member of the general population in the

16 vicinity of the Yucca Mountain site means a

17 person whose physiology, age, general health,

18 agricultural practices, eating habits, and social

19 behavior represent the average for persons liv20 ing in the vicinity of the site. Extremes in social

21 behavior, eating habits, or other relevant prac22 tices or characteristics shall not be considered;

23 and
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1 ‘‘(C) the Commission shall assume that,

2 following repository closure, the inclusion of en3 gineered barriers and the Secretary’s post-clo4 sure actions at the Yucca Mountain site, in ac5 cordance with subsection (b)(4), shall be suffi6 cient to—

7 ‘‘(i) prevent any human activity at the

8 site that poses an unreasonable risk of

9 breaching the repository’s engineered or

10 geologic barriers; and

11 ‘‘(ii) prevent any increase in the expo12 sure of individual members of the public to

13 radiation beyond the allowable limits speci14 fied in paragraph (1).

15 ‘‘(4) ADDITIONAL ANALYSIS.—The Commission

16 shall analyze the overall system performance through

17 the use of probabilistic evaluations that use best es18 timate assumptions, data, and methods for the pe19 riod commencing after the first 1,000 years of oper20 ation of the repository and terminating at 10,000

21 years after the commencement of operation of the

22 repository.

23 ‘‘(e) NATIONAL ENVIRONMENTAL POLICY ACT.—
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1 ‘‘(1) SUBMISSION OF STATEMENT.—Construc2 tion and operation of the repository shall be consid3 ered a major Federal action significantly affecting

4 the quality of the human environment for purposes

5 of the National Environmental Policy Act of 1969

6 (42 U.S.C. 4321 et seq.). The Secretary shall submit

7 an environmental impact statement on the construc8 tion and operation of the repository to the Commis9 sion with the license application and shall supple10 ment such environmental impact statement as ap11 propriate.

12 ‘‘(2) CONSIDERATIONS.—For purposes of com13 plying with the requirements of the National Envi14 ronmental Policy Act of 1969 and this section, the

15 Secretary shall not consider in the environmental

16 impact statement the need for the repository, or al17 ternative sites or designs for the repository.

18 ‘‘(3) ADOPTION BY COMMISSION.—The Sec19 retary’s environmental impact statement and any

20 supplements thereto shall, to the extent practicable,

21 be adopted by the Commission in connection with

22 the issuance by the Commission of a construction

23 authorization under subsection (b)(1), a license

24 under subsection (b)(2), or a license amendment
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1 under subsection (b)(3). To the extent such state2 ment or supplement is adopted by the Commission,

3 such adoption shall be deemed to also satisfy the re4 sponsibilities of the Commission under the National

5 Environmental Policy Act of 1969, and no further

6 consideration shall be required, except that nothing

7 in this subsection shall affect any independent re8 sponsibilities of the Commission to protect the public

9 health and safety under the Atomic Energy Act of

10 1954. In any such statement or supplement pre11 pared with respect to the repository, the Commission

12 shall not consider the need for a repository, or alter13 nate sites or designs for the repository.

14 ‘‘(f) JUDICIAL REVIEW.—No court shall have juris15 diction to enjoin issuance of the Commission repository

16 licensing regulations prior to its final decision on review

17 of such regulations.

18 ‘‘SEC. 206. LAND WITHDRAWAL.

19 ‘‘(a) WITHDRAWAL AND RESERVATION.—

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

21 rights, the interim storage facility site and the

22 Yucca Mountain site, as described in subsection (b),
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1 are withdrawn from all forms of entry, appropria2 tion, and disposal under the public land laws, includ3 ing the mineral leasing laws, the geothermal leasing

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

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

6 within the interim storage facility site and the Yucca

7 Mountain site managed by the Secretary of the Inte8 rior or any other Federal officer is transferred to the

9 Secretary.

10 ‘‘(3) RESERVATION.—The interim storage facil11 ity site and the Yucca Mountain site are reserved for

12 the use of the Secretary for the construction and op13 eration, respectively, of the interim storage facility

14 and the repository and activities associated with the

15 purposes of this title.

16 ‘‘(b) LAND DESCRIPTION.—

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

18 on the map entitled ‘‘Interim Storage Facility Site

19 Withdrawal Map,’’ dated March 13, 1996, and on

20 file with the Secretary, are established as the bound21 aries of the Interim Storage Facility site.

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

23 on the map entitled ‘Yucca Mountain Site With24 drawal Map,’ dated July 9, 1996, and on file with
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1 the Secretary, are established as the boundaries of

2 the Yucca Mountain site.

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

4 the date of the enactment of the Nuclear Waste Pol5 icy Act of 1997, the Secretary shall—

6 ‘‘(A) publish in the Federal Register a no7 tice containing a legal description of the interim

8 storage facility site; and

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

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

11 interim storage facility site with the Congress,

12 the Secretary of the Interior, the Governor of

13 Nevada, and the Archivist of the United States.

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

15 Secretary’s application to the Commission for au16 thority to construct the repository, the Secretary

17 shall—

18 ‘‘(A) publish in the Federal Register a no19 tice containing a legal description of the Yucca

20 Mountain site; and

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

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

23 Yucca Mountain site with the Congress, the

24 Secretary of the Interior, the Governor of Ne25 vada, and the Archivist of the United States.
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1 ‘‘(5) CONSTRUCTION.—The maps and legal de2 scriptions of the interim storage facility site and the

3 Yucca Mountain site referred to in this subsection

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

5 included in this Act. The Secretary may correct cler6 ical and typographical errors in the maps and legal

7 descriptions and make minor adjustments in the

8 boundaries of the sites.

9 ‘‘TITLE III—LOCAL RELATIONS

10 ‘‘SEC. 301. 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 occurring within such affected unit of

16 local government.

17 ‘‘(2) TERMINATION.—Such grants shall con18 tinue until such time as all such activities, develop19 ment, and operations are terminated at such site.

20 ‘‘(3) ASSISTANCE TO INDIAN TRIBES AND

21 UNITS OF LOCAL GOVERNMENT.—

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

23 or affected unit of local government may not re24 ceive any grant under paragraph (1) after the

25 expiration of the 1-year period following the
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1 date on which the Secretary notifies the af2 fected Indian tribe or affected unit of local gov3 ernment of the termination of the operation of

4 the integrated management system.

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

6 tribe or affected unit of local government may

7 not receive any further assistance under this

8 section if the integrated management system

9 activities at such site are terminated by the

10 Secretary or if such activities are permanently

11 enjoined by any court.

12 ‘‘SEC. 302. ON-SITE REPRESENTATIVE.

13 ‘‘The Secretary shall offer to the unit of local govern14 ment within whose jurisdiction a site for an interim stor15 age facility or repository is located under this Act an op16 portunity to designate a representative to conduct on-site

17 oversight activities at such site. The Secretary is author18 ized to pay the reasonable expenses of such representative.

19 ‘‘SEC. 303. ACCEPTANCE OF BENEFITS.

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

21 benefits provided under this title by any affected Indian

22 tribe or affected unit of local government shall not be

23 deemed to be an expression of consent, express, or implied,

24 either under the Constitution of the State or any law
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1 thereof, to the siting of an interim storage facility or re2 pository in the State of Nevada, any provision of such

3 Constitution or laws to the contrary notwithstanding.

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

5 any other entity may assert any argument based on legal

6 or equitable estoppel, or acquiescence, or waiver, or con7 sensual involvement, in response to any decision by the

8 State to oppose the siting in Nevada of an interim storage

9 facility or repository premised upon or related to the ac10 ceptance or use of benefits under this title.

11 ‘‘(c) LIABILITY.—No liability of any nature shall ac12 crue to be asserted against any official of any govern13 mental unit of Nevada premised solely upon the accept14 ance or use of benefits under this title.

15 ‘‘SEC. 304. RESTRICTIONS ON USE OF FUNDS.

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

17 be used—

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

19 action on any matter pending before Congress or a

20 State legislature or for any lobbying activity as pro21 vided in section 1913 of title 18, United States

22 Code;

23 ‘‘(2) for litigation purposes; and
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1 ‘‘(3) to support multistate efforts or other coali2 tion-building activities inconsistent with the purposes

3 of this Act.

4 ‘‘SEC. 305. LAND CONVEYANCES.

5 ‘‘(a) CONVEYANCES OF PUBLIC LANDS.—One hun6 dred and twenty days after enactment of this Act, all

7 rights, title and interest of the United States in the prop8 erty described in subsection (b), and improvements there9 on, together with all necessary easements for utilities and

10 ingress and egress to such property, including, but not

11 limited to, the right to improve those easements, are con12 veyed by operation of law to the County of Nye, Nevada,

13 unless the county notifies the Secretary of the Interior or

14 the head of such other appropriate agency in writing with15 in 60 days of such date of enactment that it elects not

16 to take title to all or any part of the property, except that

17 any lands conveyed to the County of Nye under this sub18 section that are subject to a Federal grazing permit or

19 lease or a similar federally granted permit or lease shall

20 be conveyed between 60 and 120 days of the earliest time

21 the Federal agency administering or granting the permit

22 or lease would be able to legally terminate such right

23 under the statutes and regulations existing at the date of

24 enactment of this Act, unless Nye County and the affected
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1 holder of the permit or lease negotiate an agreement that

2 allows for an earlier conveyance.

3 ‘‘(b) SPECIAL CONVEYANCES.—Notwithstanding any

4 other law, the following public lands depicted on the maps

5 and legal descriptions dated October 11, 1995, and on file

6 with the Secretary shall be conveyed under subsection (a)

7 to the County of Nye, Nevada:

8 Map 1: Proposed Pahrump Industrial Park Site

9 Map 2: Proposed Lathrop Wells (Gate 510) In10 dustrial Park Site

11 Map 3: Pahrump Landfill Sites

12 Map 4: Amargosa Valley Regional Landfill Site

13 Map 5: Amargosa Valley Municipal Landfill

14 Site

15 Map 6: Beatty Landfill/Transfer Station Site

16 Map 7: Round Mountain Landfill Site

17 Map 8: Tonopah Landfill Site

18 Map 9: Gabbs Landfill Site.

19 ‘‘(3) CONSTRUCTION.—The maps and legal de20 scriptions of special conveyances referred to in sub21 section (b) shall have the same force and effect as

22 if they were included in this Act. The Secretary may

23 correct clerical and typographical errors in the maps

24 and legal descriptions and make minor adjustments

25 in the boundaries of the sites.
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1 ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon

2 the request of the County of Nye, Nevada, the Sec3 retary of the Interior shall provide evidence of title

4 transfer.

5 ‘‘TITLE IV—FUNDING AND ORGANIZATION

6 ‘‘SEC. 401. PROGRAM FUNDING.

7 ‘‘(a) CONTRACTS.—

8 ‘‘(1) AUTHORITY OF SECRETARY.—In the per9 formance of the Secretary’s functions under this

10 Act, the Secretary is authorized to enter into con11 tracts with any person who generates or holds title

12 to spent nuclear fuel or high-level radioactive waste

13 of domestic origin for the acceptance of title and

14 possession, transportation, interim storage, and dis15 posal of such waste or spent fuel. Such contracts

16 shall provide for payment of annual fees to the Sec17 retary in the amounts set by the Secretary pursuant

18 to paragraphs (2) and (3). Except as provided in

19 paragraph (3), fees assessed pursuant to this para20 graph shall be paid to the Treasury of the United

21 States and shall be available for use by the Sec22 retary pursuant to this section until expended. Sub23 sequent to the date of enactment of the Nuclear

24 Waste Policy Act of 1997, the contracts executed

25 under section 302(a) of the Nuclear Waste Policy
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1 Act of 1982 shall continue in effect under this Act,

2 provided that the Secretary shall consent to an

3 amendment to such contracts as necessary to imple4 ment the provisions of this Act.

5 ‘‘(2) ANNUAL FEES.—

6 ‘‘(A) For electricity generated by civilian

7 nuclear power reactors and sold between Janu8 ary 7, 1983, and September 30, 2002 2003, the

9 fee under paragraph (1) shall be equal to 1.0

10 mill per kilowatt hour generated and sold. For

11 electricity generated by civilian nuclear power

12 reactors and sold on or after October 1, 2002

13 2003, the aggregate amount of fees collected

14 during each fiscal year shall be no greater than

15 the annual level of appropriations for expendi16 tures on those activities consistent with sub17 section (d) for that fiscal year, minus—

18 ‘‘(i) any unobligated balance collected

19 pursuant to this section during the pre20 vious fiscal year; and

21 ‘‘(ii) the percentage of such appro22 priation required to be funded by the Fed23 eral Government pursuant to section 403;
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1 The Secretary shall determine the level of the

2 annual fee for each civilian nuclear power reac3 tor based on the amount of electricity generated

4 and sold, except that the annual fee collected

5 under this subparagraph shall not exceed 1.0

6 mill per kilowatt-hour generated and sold.

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

8 during any fiscal year on or after October 1,

9 2002, the aggregate amount of fees assessed

10 pursuant to subparagraph (A) is less than the

11 annual level of appropriations for expenditures

12 on those activities specified in subsection (d) for

13 that fiscal year, minus—

14 ‘‘(i) any unobligated balance collected

15 pursuant to this section during the pre16 vious fiscal year; and

17 ‘‘(ii) the percentage of such appro18 priations required to be funded by the Fed19 eral Government pursuant to section 403;

20 the Secretary may make expenditures from the

21 Nuclear Waste Fund up to the level of the fees

22 assessed.

23 ‘‘(C) RULES.—The Secretary shall, by

24 rule, establish procedures necessary to imple25 ment this paragraph.
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1 ‘‘(3) ONE-TIME FEE.—For spent nuclear fuel or

2 solidified high-level radioactive waste derived from

3 spent nuclear fuel, which fuel was used to generate

4 electricity in a civilian nuclear power reactor prior to

5 January 7, 1983, the fee shall be in an amount

6 equivalent to an average charge of 1.0 mill per kilo7 watt-hour for electricity generated by such spent nu8 clear fuel, or such solidified high-level waste derived

9 therefrom. Payment of such one-time fee prior to the

10 date of enactment of the Nuclear Waste Policy Act

11 of 1997 shall satisfy the obligation imposed under

12 this paragraph. Any one-time fee paid and collected

13 subsequent to the date of enactment of the Nuclear

14 Waste Policy Act of 1997 pursuant to the contracts,

15 including any interest due pursuant to such con16 tracts, shall be paid to the Nuclear Waste Fund no

17 later than September 30, 2002. The Commission

18 shall suspend the license of any licensee who fails or

19 refuses to pay the full amount of the fee referred to

20 in this paragraph on or before September 30, 2002,

21 and the license shall remain suspended until the full

22 amount of the fee referred to in this paragraph is

23 paid. The person paying the fee under this para24 graph to the Secretary shall have no further finan25 cial obligation to the Federal Government for the
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1 long-term storage and permanent disposal of spent

2 fuel or high-level radioactive waste derived from

3 spent nuclear fuel used to generate electricity in a

4 civilian power reactor prior to January 7, 1983.

5 ‘‘(4) ADJUSTMENTS TO FEE.—The Secretary

6 shall annually review the amount of the fees estab7 lished by paragraphs (2) and (3), together with the

8 existing balance of the Nuclear Waste Fund on the

9 date of enactment of the Nuclear Waste Policy Act

10 of 1997, to evaluate whether collection of the fee will

11 provide sufficient revenues to offset the costs as de12 fined in subsection (c)(2). In the event the Secretary

13 determines that the revenues being collected are ei14 ther insufficient or excessive to recover the costs in15 curred by the Federal Government that are specified

16 in subsection (c)(2), the Secretary shall propose an

17 adjustment to the fee in subsection (c)(2) to ensure

18 full cost recovery. The Secretary shall immediately

19 transmit the proposal for such an adjustment to

20 both Houses of Congress.

21 ‘‘(b) ADVANCE CONTRACTING REQUIREMENT.—

22 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—

2 The Commission shall not issue or renew a li3 cense to any person to use a utilization or pro4 duction facility under the authority of section

5 103 or 104 of the Atomic Energy Act of 1954

6 (42 U.S.C. 2133, 2134) unless—

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

8 contract under subsection (a) with the Sec9 retary; or

10 ‘‘(ii) the Secretary affirms in writing

11 that such person is actively and in good

12 faith negotiating with the Secretary for a

13 contract under this section.

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

15 as it deems necessary or appropriate, may re16 quire as a precondition to the issuance or re17 newal of a license under section 103 or 104 of

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

19 2133, 2134) that the applicant for such license

20 shall have entered into an agreement with the

21 Secretary for the disposal of spent nuclear fuel

22 and high-level radioactive waste that may result

23 from the use of such license.

24 ‘‘(2) DISPOSAL IN REPOSITORY.—Except as

25 provided in paragraph (1), no spent nuclear fuel or
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1 high-level radioactive waste generated or owned by

2 any person (other than a department of the United

3 States referred to in section 101 or 102 of title 5,

4 United States Code) may be disposed of by the Sec5 retary in the repository unless the generator or

6 owner of such spent fuel or waste has entered into

7 a contract under subsection (a) with the Secretary

8 by not later than the date on which such generator

9 or owner commences generation of, or takes title to,

10 such spent fuel or waste.

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

12 contract holders are assignable.

13 ‘‘(c) NUCLEAR WASTE FUND.—

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

15 established in the Treasury of the United States

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

17 Act of 1982 shall continue in effect under this Act

18 and shall consist of—

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

20 Waste Fund on the date of enactment of the

21 Nuclear Waste Policy Act of 1997; and

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

23 realized under subsections (a), and (c)(3) subse24 quent to the date of enactment of the Nuclear
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1 Waste Policy Act of 1997, which shall be depos2 ited in the Nuclear Waste Fund immediately

3 upon their realization.

4 ‘‘(2) USE.—The Secretary may make expendi5 tures from the Nuclear Waste Fund, subject to sub6 sections (d) and (e), only for purposes of the inte7 grated management system.

8 ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE

9 FUND.—

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

11 Treasury shall hold the Nuclear Waste Fund

12 and, after consultation with the Secretary, an13 nually report to the Congress on the financial

14 condition and operations of the Nuclear Waste

15 Fund during the preceding fiscal year.

16 ‘‘(B) AMOUNTS IN EXCESS OF CURRENT

17 NEEDS.—If the Secretary determines that the

18 Nuclear Waste Fund contains at any time

19 amounts in excess of current needs, the Sec20 retary may request the Secretary of the Treas21 ury to invest such amounts, or any portion of

22 such amounts as the Secretary determines to be

23 appropriate, in obligations of the United

24 States—
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1 ‘‘(i) having maturities determined by

2 the Secretary of the Treasury to be appro3 priate to the needs of the Nuclear Waste

4 Fund; and

5 ‘‘(ii) bearing interest at rates deter6 mined to be appropriate by the Secretary

7 of the Treasury, taking into consideration

8 the current average market yield on out9 standing marketable obligations of the

10 United States with remaining periods to

11 maturity comparable to the maturities of

12 such investments, except that the interest

13 rate on such investments shall not exceed

14 the average interest rate applicable to ex15 isting borrowings.

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

17 and recoveries realized by the Secretary under

18 this section, and expenditures of amounts from

19 the Nuclear Waste Fund, shall be exempt from

20 annual apportionment under the provisions of

21 subchapter II of chapter 15 of title 31, United

22 States Code.

23 ‘‘(d) BUDGET.—The Secretary shall submit the budg24 et for implementation of the Secretary’s responsibilities

25 under this Act to the Office of Management and Budget
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1 annually along with the budget of the Department of En2 ergy submitted at such time in accordance with chapter

3 11 of title 31, United States Code. The budget shall con4 sist of the estimates made by the Secretary of expendi5 tures under this Act and other relevant financial matters

6 for the succeeding 3 fiscal years, and shall be included

7 in the budget of the United States Government.

8 ‘‘(e) APPROPRIATIONS.—The Secretary may make ex9 penditures from the Nuclear Waste Fund, subject to ap10 propriations, which shall remain available until expended.

11 ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN12 AGEMENT.

13 ‘‘(a) ESTABLISHMENT.—There hereby is established

14 within the Department of Energy an Office of Civilian Ra15 dioactive Waste Management. The Office shall be headed

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

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

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

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

20 United States Code.

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

22 Office shall be responsible for carrying out the functions

23 of the Secretary under this Act, subject to the general su24 pervision of the Secretary. The Director of the Office shall

25 be directly responsible to the Secretary.
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1 ‘‘SEC. 403. FEDERAL CONTRIBUTION.

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

3 date of enactment of the Nuclear Waste Policy Act of

4 1997, acting pursuant to section 553 of title 5, United

5 States Code, the Secretary shall issue a final rule estab6 lishing the appropriate portion of the costs of managing

7 spent nuclear fuel and high-level radioactive waste under

8 this Act allocable to the interim storage or permanent dis9 posal of spent nuclear fuel and high-level radioactive waste

10 from atomic energy defense activities and spent nuclear

11 fuel from foreign research reactors. The share of costs al12 locable to the management of spent nuclear fuel and high13 level radioactive waste from atomic energy defense activi14 ties and spent nuclear fuel from foreign research reactors

15 shall include,

16 ‘‘(1) an appropriate portion of the costs associ17 ated with research and development activities with

18 respect to development of an interim storage facility

19 and repository; and

20 ‘‘(2) as appropriate, interest on the principal

21 amounts due calculated by reference to the appro22 priate Treasury bill rate as if the payments were

23 made at a point in time consistent with the payment

24 dates for spent nuclear fuel and high-level radio25 active waste under the contracts.
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1 ‘‘(b) APPROPRIATION REQUEST.—In addition to any

2 request for an appropriation from the Nuclear Waste

3 Fund, the Secretary shall request annual appropriations

4 from general revenues in amounts sufficient to pay the

5 costs of the management of spent nuclear fuel and high6 level radioactive waste from atomic energy defense activi7 ties and spent nuclear fuel from foreign research reactors,

8 as established under subsection (a).

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

10 submitted to Congress under section 702, the Secretary

11 shall advise the Congress annually of the amount of spent

12 nuclear fuel and high-level radioactive waste from atomic

13 energy defense activities and spent nuclear fuel from for14 eign research reactors, requiring management in the inte15 grated management system.

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

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

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

20 nuclear fuel and high-level radioactive waste from atomic

21 energy defense activities and spent nuclear fuel from for22 eign research reactors, as established under subsection

23 (a).
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1 ‘‘TITLE V—GENERAL AND

2 MISCELLANEOUS PROVISIONS

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

4 ‘‘If the requirements of any Federal, State, or local

5 law (including a requirement imposed by regulation or by

6 any other means under such a law) are inconsistent with

7 or duplicative of the requirements of the Atomic Energy

8 Act of 1954 (42 U.S.C. 2011 et seq.) or of this Act, the

9 Secretary shall comply only with the requirements of the

10 Atomic Energy Act of 1954 and of this Act in implement11 ing the integrated management system.

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

13 ‘‘(a) JURISDICTION OF THE UNITED STATES COURTS

14 OF APPEALS.—

15 ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC16 TION.—Except for review in the Supreme Court of

17 the United States, and except as otherwise provided

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

19 have original and exclusive jurisdiction over any civil

20 action—

21 ‘‘(A) for review of any final decision or ac22 tion of the Secretary, the President, or the

23 Commission under this Act;

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

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

2 Act;

3 ‘‘(C) challenging the constitutionality of

4 any decision made, or action taken, under any

5 provision of this Act; or

6 ‘‘(D) for review of any environmental im7 pact statement prepared or environmental as8 sessment pursuant to the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et

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

11 or alleging a failure to prepare such statement

12 with respect to any such action.

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

14 under this section shall be in the judicial circuit in

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

17 for the District of Columbia Circuit.

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

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

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

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

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

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

24 failure to act), and that a reasonable person acting under

25 the circumstances would not have known, such party may
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1 bring a civil action no later than 180 days after the date

2 such party acquired actual or constructive knowledge or

3 such decision, action, or failure to act.

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

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

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

7 matter.

8 ‘‘SEC. 503. LICENSING OF FACILITY EXPANSIONS AND

9 TRANSSHIPMENTS.

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

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

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

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

14 1983, to expand the spent nuclear fuel storage capacity

15 at the site of a civilian nuclear power reactor, through the

16 use of high-density fuel storage racks, fuel rod compac17 tion, the transshipment of spent nuclear fuel to another

18 civilian nuclear power reactor within the same utility sys19 tem, the construction of additional spent nuclear fuel pool

20 capacity or dry storage capacity, or by other means, the

21 Commission shall, at the request of any party, provide an

22 opportunity for oral argument with respect to any matter

23 which the Commission determines to be in controversy

24 among the parties. The oral argument shall be preceded
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1 by such discovery procedures as the rules of the Commis2 sion shall provide. The Commission shall require each

3 party, including the Commission staff, to submit in writ4 ten form, at the time of the oral argument, a summary

5 of the facts, data, and arguments upon which such party

6 proposes to rely that are known at such time to such

7 party. Only facts and data in the form of sworn testimony

8 or written submission may be relied upon by the parties

9 during oral argument. Of the materials that may be sub10 mitted by the parties during oral argument, the Commis11 sion shall only consider those facts and data that are sub12 mitted in the form of sworn testimony or written submis13 sion.

14 ‘‘(b) ADJUDICATORY HEARING.—

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

16 oral argument under subsection (a), the Commission

17 shall designate any disputed question of fact, to18 gether with any remaining questions of law, for reso19 lution in an adjudicatory hearing only if it deter20 mines that—

21 ‘‘(A) there is a genuine and substantial

22 dispute of fact which can only be resolved with

23 sufficient accuracy by the introduction of evi24 dence in an adjudicatory hearing; and
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1 ‘‘(B) the decision of the Commission is

2 likely to depend in whole or in part on the reso3 lution of such dispute.

4 ‘‘(2) DETERMINATION.—In making a deter5 mination under this subsection, the Commission—

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

7 facts that are in genuine and substantial dis8 pute, the reason why the decision of the agency

9 is likely to depend on the resolution of such

10 facts, and the reason why an adjudicatory hear11 ing is likely to resolve the dispute; and

12 ‘‘(B) shall not consider—

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

14 construction, or operation of any civilian

15 nuclear power reactor already licensed to

16 operate at such site, or any civilian nuclear

17 power reactor to which a construction per18 mit has been granted at such site, unless

19 the Commission determines that any such

20 issue substantially affects the design, con21 struction, or operation of the facility or ac22 tivity for which such license application,

23 authorization, or amendment is being con24 sidered; or
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1 ‘‘(ii) any siting or design issue fully

2 considered and decided by the Commission

3 in connection with the issuance of a con4 struction permit or operating license for a

5 civilian nuclear power reactor at such site,

6 unless—

7 ‘‘(I) such issue results from any

8 revision of siting or design criteria by

9 the Commission following such deci10 sion; and

11 ‘‘(II) the Commission determines

12 that such issue substantially affects

13 the design, construction, or operation

14 of the facility or activity for which

15 such license application, authorization,

16 or amendment is being considered.

17 ‘‘(3) APPLICATION.—The provisions of para18 graph (2)(B) shall apply only with respect to li19 censes, authorizations, or amendments to licenses or

20 authorizations, applied for under the Atomic Energy

21 Act of 1954 (42 U.S.C. 2011 et seq.) before Decem22 ber 31, 2005.

23 ‘‘(4) CONSTRUCTION.—The provisions of this

24 section shall not apply to the first application for a
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1 license or license amendment received by the Com2 mission to expand onsite spent fuel storage capacity

3 by the use of a new technology not previously ap4 proved for use at any nuclear power plant by the

5 Commission.

6 ‘‘(c) JUDICIAL REVIEW.—No court shall hold unlaw7 ful or set aside a decision of the Commission in any pro8 ceeding described in subsection (a) because of a failure

9 by the Commission to use a particular procedure pursuant

10 to this section unless—

11 ‘‘(1) an objection to the procedure used was

12 presented to the Commission in a timely fashion or

13 there are extraordinary circumstances that excuse

14 the failure to present a timely objection; and

15 ‘‘(2) the court finds that such failure has pre16 cluded a fair consideration and informed resolution

17 of a significant issue of the proceeding taken as a

18 whole.

19 ‘‘SEC. 504. SITING A SECOND REPOSITORY.

20 ‘‘(a) CONGRESSIONAL ACTION REQUIRED.—The Sec21 retary may not conduct site-specific activities with respect

22 to a second repository unless Congress has specifically au23 thorized and appropriated funds for such activities.

24 ‘‘(b) REPORT.—The Secretary shall report to the

25 President and to Congress on or after January 1, 2007,
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1 but not later than January 1, 2010, on the need for a

2 second repository.

3 ‘‘SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL

4 RADIOACTIVE WASTE SITE CLOSURE.

5 ‘‘(a) FINANCIAL ARRANGEMENTS.—

6 (1) STANDARDS AND INSTRUCTIONS.—The

7 Commission shall establish by rule, regulation, or

8 order, after public notice, and in accordance with

9 section 181 of the Atomic Energy Act of 1954 (42

10 U.S.C. 2231), such standards and instructions as

11 the Commission may deem necessary or desirable to

12 ensure in the case of each license for the disposal of

13 low-level radioactive waste that an adequate bond,

14 surety, or other financial arrangement (as deter15 mined by the Commission) will be provided by a li16 censee to permit completion of all requirements es17 tablished by the Commission for the decontamina18 tion, decommissioning, site closure, and reclamation

19 of sites, structures, and equipment used in conjunc20 tion with such low-level radioactive waste. Such fi21 nancial arrangements shall be provided and ap22 proved by the Commission, or, in the case of sites

23 within the boundaries of any agreement State under

24 section 274 of the Atomic Energy Act of 1954 (42
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1 U.S.C. 2021), by the appropriate State or State en2 tity, prior to issuance of licenses for low-level radio3 active waste disposal or, in the case of licenses in ef4 fect on January 7, 1983, prior to termination of

5 such licenses.

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

7 ARRANGEMENTS.—If the Commission determines

8 that any long-term maintenance or monitoring, or

9 both, will be necessary at a site described in para10 graph (1), the Commission shall ensure before termi11 nation of the license involved that the licensee has

12 made available such bonding, surety, or other finan13 cial arrangements as may be necessary to ensure

14 that any necessary long-term maintenance or mon15 itoring needed for such site will be carried out by

16 the person having title and custody for such site fol17 lowing license termination.

18 ‘‘(b) TITLE AND CUSTODY.—

19 ‘‘(1) AUTHORITY OF SECRETARY.—The Sec20 retary shall have authority to assume title and cus21 tody of low-level radioactive waste and the land on

22 which such waste is disposed of, upon request of the

23 owner of such waste and land and following termi24 nation of the license issued by the Commission for

25 such disposal, if the Commission determines that—
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1 ‘‘(A) the requirements of the Commission

2 for site closure, decommissioning, and decon3 tamination have been met by the licensee in4 volved and that such licensee is in compliance

5 with the provisions of subsection (a);

6 ‘‘(B) such title and custody will be trans7 ferred to the Secretary without cost to the Fed8 eral Government; and

9 ‘‘(C) Federal ownership and management

10 of such site is necessary or desirable in order to

11 protect the public health and safety, and the

12 environment.

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

14 title and custody of any such waste and land under

15 this subsection, the Secretary shall maintain such

16 waste and land in a manner that will protect the

17 public health and safety, and the environment.

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

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

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

21 the Secretary, upon request of the owner of the site in22 volved, shall assume title and custody of such waste and

23 the land on which it is disposed when such site has been

24 decontaminated and stabilized in accordance with the re25 quirements established by the Commission and when such
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1 owner has made adequate financial arrangements ap2 proved by the Commission for the long-term maintenance

3 and monitoring of such site.

4 ‘‘SEC. 506. NUCLEAR REGULATORY COMMISSION TRAINING

5 AUTHORIZATION.

6 ‘‘The Commission is authorized and directed to pro7 mulgate regulations, or other appropriate regulatory guid8 ance, for the training and qualifications of civilian nuclear

9 power plant operators, supervisors, technicians, and other

10 appropriate operating personnel. Such regulations or guid11 ance shall establish simulator training requirements for

12 applicants for civilian nuclear power plant operator li13 censes and for operator requalification programs; require14 ments governing Commission administration of requali15 fication examinations; requirements for operating tests at

16 civilian nuclear power plant simulators, and instructional

17 requirements for civilian nuclear power plant licensee per18 sonnel training programs.

19 ‘‘SEC. 507. EMPLACEMENT SCHEDULE.

20 ‘‘(a) The emplacement schedule shall be implemented

21 in accordance with the following:

22 ‘‘(1) Emplacement priority ranking shall be de23 termined by the Department’s annual ‘Acceptance

24 Priority Ranking’ report.
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1 ‘‘(2) The Secretary’s spent fuel emplacement

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

3 in fiscal year 2000 and 1,200 MTU in fiscal year

4 2001; 2,000 MTU in fiscal year 2002 and 2,000

5 MTU in fiscal year 2003; 2,700 MTU in fiscal year

6 2004; and 3,000 MTU annually thereafter.

7 ‘‘(b) If the Secretary is unable to begin emplacement

8 by November 30, 1999 at the rates specified in subsection

9 (a), or if the cumulative amount emplaced in any year

10 thereafter is less than that which would have been accept11 ed under the emplacement rate specified in subsection (a),

12 the Secretary shall, as a mitigation measure, adjust the

13 emplacement schedule upward such that within 5 years

14 of the start of emplacement by the Secretary,

15 ‘‘(1) the total quantity accepted by the Sec16 retary is consistent with the total quantity that the

17 Secretary would have accepted if the Secretary had

18 began emplacement in fiscal year 2000, and

19 ‘‘(2) thereafter the emplacement rate is equiva20 lent to the rate that would be in place pursuant to

21 paragraph (a) above if the Secretary had commenced

22 emplacement in fiscal year 2000.
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1 ‘‘SEC. 508. TRANSFER OF TITLE.

2 ‘‘(a) Acceptance by the Secretary of any spent nu3 clear fuel or high-level radioactive waste shall constitute

4 a transfer of title to the Secretary.

5 ‘‘(b) No later than 6 months following the date of

6 enactment of the Nuclear Waste Policy Act of 1997, the

7 Secretary is authorized to accept all spent nuclear fuel

8 withdrawn from Dairyland Power Cooperative’s La Crosse

9 Reactor and, upon acceptance, shall provide Dairyland

10 Power Cooperative with evidence of the title transfer. Im11 mediately upon the Secretary’s acceptance of such spent

12 nuclear fuel, the Secretary shall assume all responsibility

13 and liability for the interim storage and permanent dis14 posal thereof and is authorized to compensate Dairyland

15 Power Cooperative for any costs related to operating and

16 maintaining facilities necessary for such storage from the

17 date of acceptance until the Secretary removes the spent

18 nuclear fuel from the La Crosse Reactor site.’’

19 ‘‘SEC. 509. DECOMMISSIONING PILOT PROGRAM.

20 ‘‘(a) AUTHORIZATION.—The Secretary is authorized

21 to establish a Decommissioning Pilot Program to decom22 mission and decontaminate the sodium-cooled fast breeder

23 experimental test-site reactor located in northwest Arkan24 sas.
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1 ‘‘(b) FUNDING.—No funds from the Nuclear Waste

2 Fund may be used for the Decommissioning Pilot Pro3 gram.

4 ‘‘SEC. 510. WATER RIGHTS.

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

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

7 construed to constitute either an express or implied Fed8 eral reservation of water or water rights for any purpose

9 arising under this Act.

10 ‘‘(b) ACQUISITION AND EXERCISE OF WATER

11 RIGHTS UNDER NEVADA LAW.—The United States may

12 acquire and exercise such water rights as it deems nec13 essary to carry out its responsibilities under this Act pur14 suant to the substantive and procedural requirements of

15 the State of Nevada. Nothing in this Act shall be con16 strued to authorize the use of eminent domain by the

17 United States to acquire water rights for such lands.

18 ‘‘(c) EXERCISE OF WATER RIGHTS GENERALLY

19 UNDER NEVADA LAWS.—Nothing in this Act shall be con20 strued to limit the exercise of water rights as provided

21 under Nevada State laws.

22 ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL

23 REVIEW BOARD

24 ‘‘SEC. 601. DEFINITIONS.

25 ‘‘For purposes of this title—
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1 ‘‘(1) CHAIRMAN.—The term ‘Chairman’ means

2 the Chairman of the Nuclear Waste Technical Re3 view Board.

4 ‘‘(2) BOARD.—The term ‘Board’ means the Nu5 clear Waste Technical Review Board continued

6 under section 602.

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

8 ‘‘(a) CONTINUATION OF THE NUCLEAR WASTE

9 TECHNICAL REVIEW BOARD.—The Nuclear Waste Tech10 nical Review Board, established under section 502(a) of

11 the Nuclear Waste Policy Act of 1982 as constituted prior

12 to the date of enactment of the Nuclear Waste Policy Act

13 of 1997, shall continue in effect subsequent to the date

14 of enactment of the Nuclear Waste Policy Act of 1997.

15 ‘‘(b) MEMBERS.—

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

17 members who shall be appointed by the President

18 not later than 90 days after December 22, 1987,

19 from among persons nominated by the National

20 Academy of Sciences in accordance with paragraph

21 (3).

22 ‘‘(2) CHAIR.—The President shall designate a

23 member of the Board to serve as Chairman.

24 ‘‘(3) NATIONAL ACADEMY OF SCIENCES.—
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1 ‘‘(A) NOMINATIONS.—The National Acad2 emy of Sciences shall, not later than 90 days

3 after December 22, 1987, nominate not less

4 than 22 persons for appointment to the Board

5 from among persons who meet the qualifica6 tions described in subparagraph (C).

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

8 of Sciences shall nominate not less than 2 per9 sons to fill any vacancy on the Board from

10 among persons who meet the qualifications de11 scribed in subparagraph (C).

12 ‘‘(C) NOMINEES.—

13 ‘‘(i) Each person nominated for ap14 pointment to the Board shall be—

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

16 or engineering, including environ17 mental sciences; and

18 ‘‘(II) selected solely on the basis

19 of established records of distinguished

20 service.

21 ‘‘(ii) The membership of the Board

22 shall be representatives of the broad range

23 of scientific and engineering disciplines re24 lated to activities under this title.
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1 ‘‘(iii) No person shall be nominated

2 for appointment to the Board who is an

3 employee of—

4 ‘‘(I) the Department of Energy;

5 ‘‘(II) a national laboratory under

6 contract with the Department of En7 ergy; or

8 ‘‘(III) an entity performing spent

9 nuclear fuel or high-level radioactive

10 waste activities under contract with

11 the Department of Energy.

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

13 shall be filled by the nomination and appointment

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

15 ‘‘(5) TERMS.—Members of the Board shall be

16 appointed for terms of 4 years, each such term to

17 commence 120 days after December 22, 1987, ex18 cept that of the 11 members first appointed to the

19 Board, 5 shall serve for 2 years and 6 shall serve

20 for 4 years, to be designated by the President at the

21 time of appointment, except that a member of the

22 Board whose term has expired may continue to serve

23 as a member of the Board until such member’s suc24 cessor has taken office.
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1 ‘‘SEC. 603. FUNCTIONS.

2 The Board shall limit its evaluations to the technical

3 and scientific validity solely of the following activities un4 dertaken directly by the Secretary after December 22,

5 1987—

6 ‘‘(1) site characterization activities; and

7 ‘‘(2) activities of the Secretary relating to the

8 packaging or transportation of spent nuclear fuel or

9 high-level radioactive waste.

10 ‘‘The Board shall evaluate the technical and scientific

11 validity of activities undertaken by the Secretary after De12 cember 22, 1987, including—

13 ‘‘(1) site characterization activities; and

14 ‘‘(2) activities relating to the packaging or trans15 portation of high-level radioactive waste or spent nu16 clear fuel.

17 ‘‘SEC. 604. INVESTIGATORY POWERS.

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

19 a majority of the members of the Board, the Board may

20 hold such hearings, sit and act at such times and places,

21 take such testimony, and receive such evidence, as the

22 Board considers appropriate. Any member of the Board

23 may administer oaths or affirmations to witnesses appear24 ing before the Board. The Secretary or the Secretary’s
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1 designee or designees shall not be required to appear be2 fore the Board or any element of the Board for more than

3 12 working days per calendar year.

4 ‘‘(b) PRODUCTION OF DOCUMENTS.—

5 ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re6 quest of the Chairman or a majority of the members

7 of the Board, and subject to existing law, the Sec8 retary (or any contractor of the Secretary) shall pro9 vide the Board with such records, files, papers, data,

10 or information that is generally available to the pub11 lic as may be necessary to respond to any inquiry of

12 the Board under this title.

13 ‘‘(2) EXTENT.—Subject to existing law, infor14 mation obtainable under paragraph (1) may include

15 drafts of products and documentation of work in

16 progress.

17 ‘‘(2) AVAILABILITY OF DRAFTS.—Subject to exist18 ing law, information obtainable under paragraph (1)

19 shall not be limited to final work products of the Sec20 retary, but shall include drafts of such products and

21 documentation of work in progress.
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1 ‘‘SEC. 605. COMPENSATION OF MEMBERS.

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

3 be paid at the rate of pay payable for level III of the Exec4 utive Schedule for each day (including travel time) such

5 member is engaged in the work of the Board.

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

7 Board may receive travel expenses, including per diem in

8 lieu of subsidence, in the same manner as is permitted

9 under sections 5702 and 5703 of title 5, United States

10 Code.

11 ‘‘SEC. 606. STAFF.

12 ‘‘(a) CLERICAL STAFF.—

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

14 paragraph (2), the Chairman may appoint and fix

15 the compensation of such clerical staff as may be

16 necessary to discharge the responsibilities of the

17 Board.

18 ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff

19 shall be appointed subject to the provisions of title

20 5, United States Code, governing appointments in

21 the competitive service, and shall be paid in accord22 ance with the provisions of chapter 51 and sub23 chapter III of chapter 3 of such title relating to clas24 sification and General Schedule pay rates.

25 ‘‘(b) PROFESSIONAL STAFF.—
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1 ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to

2 paragraphs (2) and (3), the Chairman may appoint

3 and fix the compensation of such professional staff

4 as may be necessary to discharge the responsibilities

5 of the Board.

6 ‘‘(2) NUMBER.—Not more than 10 professional

7 staff members may be appointed under this sub8 section.

9 ‘‘(3) TITLE 5.—Professional staff members may

10 be appointed without regard to the provisions of title

11 5, United States Code, governing appointments in

12 the competitive service, and may be paid without re13 gard to the provisions of chapter 51 and subchapter

14 III of chapter 53 of such title relating to classifica15 tion and General Schedule pay rates, except that no

16 individual so appointed may receive pay in excess of

17 the annual rate of basic pay payable for GS–18 of

18 the General Schedule.

19 ‘‘SEC. 607. SUPPORT SERVICES.

20 ‘‘(a) GENERAL SERVICES.—To the extent permitted

21 by law and requested by the Chairman, the Administrator

22 of General Services shall provide the Board with necessary

23 administrative services, facilities, and support on a reim24 bursable basis.
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1 ‘‘(b) ACCOUNTING, RESEARCH, AND TECHNOLOGY

2 ASSESSMENT SERVICES.—The Comptroller General and

3 the Librarian of Congress shall, to the extent permitted

4 by law and subject to the availability of funds, provide the

5 Board with such facilities, support, funds and services, in6 cluding staff, as may be necessary for the effective per7 formance of the functions of the Board.

8 ‘‘(c) ADDITIONAL SUPPORT.—Upon the request of

9 the Chairman, the Board may secure directly from the

10 head of any department or agency of the United States

11 information necessary to enable it to carry out this title.

12 ‘‘(d) MAILS.—The Board may use the United States

13 mails in the same manner and under the same conditions

14 as other departments and agencies of the United States.

15 ‘‘(e) EXPERTS AND CONSULTANTS.—Subject to such

16 rules as may be prescribed by the Board, the Chairman

17 may procure temporary and intermittent services under

18 section 3109(b) of title 5 of the United States Code, but

19 at rates for individuals not to exceed the daily equivalent

20 of the maximum annual rate of basic pay payable for GS–

21 18 of the General Schedule.

22 ‘‘SEC. 608. REPORT.

23 ‘‘The Board shall report not less than two times per

24 year to Congress and the Secretary its findings, conclu25 sions, and recommendations.
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1 ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated for expendi3 tures such sums as may be necessary to carry out the pro4 visions of this title.

5 ‘‘Notwithstanding section 401(d), and subject to sec6 tion 401(e), there are authorized to be appropriated for ex7 penditures from amounts in the Nuclear Waste Fund under

8 section 401(c) such sums as may be necessary to carry out

9 the provisions of this title.

10 ‘‘SEC. 610. TERMINATION OF THE BOARD.

11 ‘‘The Board shall cease to exist not later than one

12 year after the date on which the Secretary begins disposal

13 of spent nuclear fuel or high-level radioactive waste in the

14 repository.

15 ‘‘TITLE VII—MANAGEMENT REFORM

16 ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES.

17 ‘‘(a) IN GENERAL.—The Secretary is directed to take

18 actions as necessary to improve the management of the

19 civilian radioactive waste management program to ensure

20 that the program is operated, to the maximum extent

21 practicable, in like manner as a private business.

22 ‘‘(b) AUDITS.—

23 ‘‘(1) STANDARD.—The Office of Civilian Radio24 active Waste Management, its contractors, and sub25 contractors at all tiers, shall conduct, or have con26 ducted, audits and examinations of their operations
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1 in accordance with the usual and customary prac2 tices of private corporations engaged in large nuclear

3 construction projects consistent with its role in the

4 program.

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

6 performances of the Office of Civilian Radioactive

7 Waste Management shall be audited every 5 years

8 by an independent management consulting firm with

9 significant experience in similar audits of private

10 corporations engaged in large nuclear construction

11 projects. The first such audit shall be conducted 5

12 years after the enactment of the Nuclear Waste Pol13 icy Act of 1997.

14 ‘‘(3) COMPTROLLER GENERAL.—The Comptrol15 ler General of the United States shall annually make

16 an audit of the Office, in accordance with such regu17 lations as the Comptroller General may prescribe.

18 The Comptroller General shall have access to such

19 books, records, accounts, and other materials of the

20 Office as the Comptroller General determines to be

21 necessary for the preparation of such audit. The

22 Comptroller General shall submit to the Congress a

23 report on the results of each audit conducted under

24 this section.
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1 ‘‘(4) (3) TIME.—No audit contemplated by this

2 subsection shall take longer than 30 days to con3 duct. An audit report shall be issued in final form

4 no longer than 60 days after the audit is com5 menced.

6 ‘‘(5) (4) PUBLIC DOCUMENTS.—All audit re7 ports shall be public documents and available to any

8 individual upon request.

9 ‘‘(d) VALUE ENGINEERING.—The Secretary shall

10 create a value engineering function within the Office of

11 Civilian Radioactive Waste Management that reports di12 rectly to the Director, which shall carry out value engi13 neering functions in accordance with the usual and cus14 tomary practices of private corporations engaged in large

15 nuclear construction projects.

16 ‘‘(e) SITE CHARACTERIZATION.—The Secretary shall

17 employ, on an on-going basis, integrated performance

18 modeling to identify appropriate parameters for the re19 maining site characterization effort and to eliminate stud20 ies of parameters that are shown not to affect long-term

21 repository performance.
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1 ‘‘SEC. 702. REPORTING.

2 ‘‘(a) INITIAL REPORT.—Within 180 days of enact3 ment of this section, the Secretary shall report to Con4 gress on its planned actions for implementing the provi5 sions of this Act, including the development of the Inte6 grated Waste Management System. Such report shall in7 clude—

8 ‘‘(1) an analysis of the Secretary’s progress in

9 meeting its statutory and contractual obligation to

10 accept title to, possession of, and delivery of spent

11 nuclear fuel and high-level radioactive waste begin12 ning no later than November 30, 1999, and in ac13 cordance with the acceptance schedule;

14 ‘‘(2) a detailed schedule and timeline showing

15 each action that the Secretary intends to take to

16 meet the Secretary’s obligations under this Act and

17 the contracts;

18 ‘‘(3) a detailed description of the Secretary’s

19 contingency plans in the event that the Secretary is

20 unable to meet the planned schedule and timeline;

21 and

22 ‘‘(4) an analysis by the Secretary of its funding

23 needs for fiscal years 1997 through 2001.

24 ‘‘(b) ANNUAL REPORTS.—On each anniversary of the

25 submittal of the report required by subsection (a), the Sec26 retary shall make annual reports to the Congress for the
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1 purpose of updating the information contained in such re2 port. The annual reports shall be brief and shall notify

3 the Congress of:

4 ‘‘(1) any modifications to the Secretary’s sched5 ule and timeline for meeting its obligations under

6 this Act;

7 ‘‘(2) the reasons for such modifications, and the

8 status of the implementation of any of the Sec9 retary’s contingency plans; and

10 ‘‘(3) the Secretary’s analysis of its funding

11 needs for the ensuing 5 fiscal years.’’

12 ‘‘SEC. 703. EFFECTIVE DATE.

13 This Act shall become effective one day after enact14 ment.’’.

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