II 

110TH CONGRESS 

1ST SESSION S. 37 

To enhance the management and disposal of spent nuclear fuel and highlevel radioactive waste, to assure protection of public health and safety, 

to ensure the territorial integrity and security of the repository at Yucca 

Mountain, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2007 

Mr. DOMENICI (for himself, Mr. CRAIG, Mr. BURR, Mr. CRAPO, Mr. DEMINT, 

Mr. GRAHAM, Mr. HAGEL, Mr. THOMAS, Ms. MURKOWSKI, Mr. 

BUNNING, and Mr. MARTINEZ) introduced the following bill; which was 

read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To enhance the management and disposal of spent nuclear 

fuel and high-level radioactive waste, to assure protection 

of public health and safety, to ensure the territorial 

integrity and security of the repository at Yucca Mountain, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Waste Access 

5 to Yucca Act’’. 

mstockstill on PROD1PC66 with BILLS

2 

•S 37 IS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DISPOSAL.—The term ‘‘disposal’’ has the 

4 meaning given the term in section 2 of the Nuclear 

5 Waste Policy Act of 1982 (42 U.S.C. 10101). 

6 (2) HIGH-LEVEL RADIOACTIVE WASTE.—The 

7 term ‘‘high-level radioactive waste’’ has the meaning 

8 given the term in section 2 of the Nuclear Waste 

9 Policy Act of 1982 (42 U.S.C. 10101). 

10 (3) PROJECT.—The term ‘‘Project’’ means the 

11 Yucca Mountain Project. 

12 (4) REPOSITORY.—The term ‘‘repository’’ has 

13 the meaning given the term in section 2 of the Nu14 clear Waste Policy Act of 1982 (42 U.S.C. 10101). 

15 (5) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Energy. 

17 (6) SPENT NUCLEAR FUEL.—The term ‘‘spent 

18 nuclear fuel’’ has the meaning given the term in sec19 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

20 U.S.C. 10101). 

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

22 Mountain site’’ has the meaning given the term in 

23 section 2 of the Nuclear Waste Policy Act of 1982 

24 (42 U.S.C. 10101). 

mstockstill on PROD1PC66 with BILLS

3 

•S 37 IS

1 SEC. 3. WITHDRAWAL OF LAND. 

2 (a) LAND WITHDRAWAL; JURISDICTION; RESERVA3 TION; ACQUISITION.— 

4 (1) LAND WITHDRAWAL.—Subject to valid ex5 isting rights, and except as otherwise provided in 

6 this Act, the land described in subsection (b) is with7 drawn permanently from any form of entry, appro8 priation, or disposal under the public land laws, in9 cluding, without limitation— 

10 (A) the mineral leasing laws; 

11 (B) the geothermal leasing laws; 

12 (C) materials sales laws; and 

13 (D) the mining laws. 

14 (2) JURISDICTION.—As of the date of enact15 ment of this Act, any land described in subsection 

16 (b) that is under the jurisdiction of the Secretary of 

17 the Air Force or the Secretary of the Interior shall 

18 be— 

19 (A) transferred to the Secretary; and 

20 (B) under the jurisdiction of the Secretary. 

21 (3) RESERVATION.—The land described in sub22 section (b) is reserved for use by the Secretary for 

23 activities associated with the disposal of high-level 

24 radioactive waste and spent nuclear fuel under the 

25 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 

26 et seq.), including— 

mstockstill on PROD1PC66 with BILLS

4 

•S 37 IS

1 (A) development; 

2 (B) preconstruction testing and perform3 ance confirmation; 

4 (C) licensing; 

5 (D) construction; 

6 (E) management and operation; 

7 (F) monitoring; 

8 (G) closure and post-closure; and 

9 (H) other such activities associated with 

10 the disposal of high-level radioactive waste and 

11 spent nuclear fuel under the Nuclear Waste 

12 Policy Act of 1982 (42 U.S.C. 10101 et seq.). 

13 (b) LAND DESCRIPTION.— 

14 (1) BOUNDARIES.—The land referred to in sub15 section (a) is the approximately 147,000 acres of 

16 land located in Nye County, Nevada, as generally 

17 depicted on the map relating to the Project, num18 bered YMP–03–024.2, entitled ‘‘Proposed Land 

19 Withdrawal’’, and dated July 21, 2005. 

20 (2) LEGAL DESCRIPTION AND MAP.— 

21 (A) IN GENERAL.—As soon as practicable 

22 after the date of enactment of this Act, the Sec23 retary of the Interior shall— 

mstockstill on PROD1PC66 with BILLS

5 

•S 37 IS

1 (i) publish in the Federal Register a 

2 notice containing a legal description of the 

3 land described in this subsection; and 

4 (ii) provide to Congress, the Governor 

5 of the State of Nevada, and the Archivist 

6 of the United States— 

7 (I) a copy of the map referred to 

8 in paragraph (1); and 

9 (II) the legal description of the 

10 land. 

11 (B) TREATMENT.— 

12 (i) IN GENERAL.—The map and legal 

13 description referred to in subparagraph 

14 (A) shall have the same force and effect as 

15 if the map and legal description were in16 cluded in this Act. 

17 (ii) TECHNICAL CORRECTIONS.—The 

18 Secretary of the Interior may correct any 

19 clerical or typographical error in the map 

20 and legal description referred to in sub21 paragraph (A). 

22 (c) REVOCATIONS.— 

23 (1) PUBLIC LAND ORDER.—Public Land Order 

24 6802, dated September 25, 1990 (as extended by 

25 Public Land Order 7534), and any condition or 

mstockstill on PROD1PC66 with BILLS

6 

•S 37 IS

1 memorandum of understanding accompanying the 

2 land order (as so extended), is revoked. 

3 (2) RIGHT OF WAY.—The rights-of-way reserva4 tions relating to the Project, numbered N–48602 

5 and N–47748 and dated January 5, 2001, are re6 voked. 

7 (d) MANAGEMENT OF WITHDRAWN LAND.— 

8 (1) IN GENERAL.—The Secretary, in consulta9 tion with the Secretary of the Air Force and the 

10 Secretary of the Interior, as appropriate, shall man11 age the land withdrawn under subsection (a)(1) in 

12 accordance with— 

13 (A) the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

15 (B) this Act; and 

16 (C) other applicable laws. 

17 (2) MANAGEMENT PLAN.— 

18 (A) DEVELOPMENT.—Not later than 3 

19 years after the date of enactment of this Act, 

20 the Secretary, in consultation with the Sec21 retary of the Air Force and the Secretary of the 

22 Interior, as appropriate, shall develop and sub23 mit to Congress and the State of Nevada a 

24 management plan for the use of the land with25 drawn under subsection (a)(1). 

mstockstill on PROD1PC66 with BILLS

7 

•S 37 IS

1 (B) PRIORITY.—Subject to subparagraphs 

2 (C), (D), and (E), use of the land withdrawn 

3 under subsection (a)(1) for an activity not re4 lating to the Project shall be subject to such 

5 conditions and restrictions as the Secretary con6 siders to be appropriate to facilitate activities 

7 relating to the Project. 

8 (C) AIR FORCE USE.—The management 

9 plan may provide for the continued use by the 

10 Department of the Air Force of the portion of 

11 the land withdrawn under subsection (a)(1) lo12 cated within the Nellis Air Force base test and 

13 training range under such terms and conditions 

14 as may be agreed to by the Secretary and the 

15 Secretary of the Air Force. 

16 (D) NEVADA TEST SITE USE.—The man17 agement plan may provide for the continued use 

18 by the National Nuclear Security Administra19 tion of the portion of the land withdrawn under 

20 subsection (a)(1) located within the Nevada test 

21 site of the Administration under such condi22 tions as the Secretary considers to be necessary 

23 to minimize any effect on activities relating to 

24 the Project or other activities of the Adminis25 tration. 

mstockstill on PROD1PC66 with BILLS

8 

•S 37 IS

1 (E) OTHER USES.— 

2 (i) IN GENERAL.—The management 

3 plan shall include provisions— 

4 (I) relating to the maintenance of 

5 wildlife habitat on the land withdrawn 

6 under subsection (a)(1); and 

7 (II) under which the Secretary 

8 may permit any use not relating to 

9 the Project, as the Secretary considers 

10 to be appropriate, in accordance with 

11 the requirements under clause (ii). 

12 (ii) REQUIREMENTS.— 

13 (I) GRAZING.—The Secretary 

14 may permit any grazing use to con15 tinue on the land withdrawn under 

16 subsection (a)(1) if the grazing use 

17 was established before the date of en18 actment of this Act, subject to such 

19 regulations, policies, and practices as 

20 the Secretary, in consultation with the 

21 Secretary of the Interior, determines 

22 to be appropriate, and in accordance 

23 with applicable grazing laws and poli24 cies, including— 

mstockstill on PROD1PC66 with BILLS

9 

•S 37 IS

1 (aa) the Act of June 28, 

2 1934 (commonly known as the 

3 ‘‘Taylor Grazing Act’’) (43 

4 U.S.C. 315 et seq.); 

5 (bb) title IV of the Federal 

6 Land Policy Management Act of 

7 1976 (43 U.S.C. 1751 et seq.); 

8 and 

9 (cc) the Public Rangelands 

10 Improvement Act of 1978 (43 

11 U.S.C. 1901 et seq.). 

12 (II) HUNTING AND TRAPPING.— 

13 The Secretary may permit any hunt14 ing or trapping use to continue on the 

15 land withdrawn under subsection 

16 (a)(1) if the hunting or trapping use 

17 was established before the date of en18 actment of this Act, at such time and 

19 in such zones as the Secretary, in con20 sultation with the Secretary of the In21 terior and the State of Nevada, may 

22 establish, taking into consideration 

23 public safety, national security, ad24 ministration, and public use and en25 joyment of the land. 

mstockstill on PROD1PC66 with BILLS

10 

•S 37 IS

1 (F) PUBLIC ACCESS.— 

2 (i) IN GENERAL.—The management 

3 plan may provide for limited public access 

4 to the portion of the land withdrawn under 

5 subsection (a)(1) that was under the con6 trol of the Bureau of Land Management 

7 on the day before the date of enactment of 

8 this Act. 

9 (ii) SPECIFIC USES.—The manage10 ment plan may permit public uses of the 

11 land relating to the Nye County Early 

12 Warning Drilling Program, utility cor13 ridors, and other uses the Secretary, in 

14 consultation with the Secretary of the Inte15 rior, considers to be consistent with the 

16 purposes of the withdrawal under sub17 section (a)(1). 

18 (3) MINING.— 

19 (A) IN GENERAL.—Surface and subsurface 

20 mining and oil and gas production, including 

21 slant drilling from outside the boundaries of the 

22 land withdrawn under subsection (a)(1), shall 

23 be prohibited at any time on or under the land. 

24 (B) EVALUATION OF CLAIMS.—The Sec25 retary of the Interior shall evaluate and adjumstockstill on PROD1PC66 with BILLS

11 

•S 37 IS

1 dicate the validity of any mining claim relating 

2 to any portion of the land withdrawn under 

3 subsection (a)(1) that was under the control of 

4 the Bureau of Land Management on the day 

5 before the date of enactment of this Act. 

6 (C) COMPENSATION.—The Secretary shall 

7 provide just compensation for the acquisition of 

8 any valid property right relating to mining pur9 suant to the withdrawal under subsection 

10 (a)(1). 

11 (4) CLOSURES.—If the Secretary, in consulta12 tion with the Secretary of the Air Force and the 

13 Secretary of the Interior, as appropriate, determines 

14 that the health and safety of the public or the na15 tional defense and security require the closure of a 

16 road, trail, or other portion of the land withdrawn 

17 under subsection (a)(1) (including the airspace 

18 above the land), the Secretary— 

19 (A) may close the road, trail, or portion of 

20 land (including airspace); and 

21 (B) shall provide to the public a notice of 

22 the closure. 

23 (5) IMPLEMENTATION.—The Secretary and the 

24 Secretary of the Air Force or the Secretary of the 

25 Interior, as appropriate, shall implement the manmstockstill on PROD1PC66 with BILLS

12 

•S 37 IS

1 agement plan developed under paragraph (2) under 

2 such terms and conditions as may be agreed to by 

3 the Secretaries. 

4 SEC. 4. RECEIPT AND STORAGE FACILITIES. 

5 Section 114(b) of the Nuclear Waste Policy Act of 

6 1982 (42 U.S.C. 10134(b)) is amended— 

7 (1) by striking ‘‘If the President’’ and inserting 

8 the following: 

9 ‘‘(1) IN GENERAL.—If the President’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(2) APPLICATION FOR RECEIPT AND STORAGE

12 FACILITIES.— 

13 ‘‘(A) IN GENERAL.—In conjunction with 

14 the submission of an application for a construc15 tion authorization under this subsection, the 

16 Secretary shall apply to the Commission for a 

17 license in accordance with part 72 of title 10, 

18 Code of Federal Regulations (or a successor 

19 regulation), to construct and operate facilities 

20 to receive and store spent nuclear fuel and 

21 high-level radioactive waste at the Yucca Moun22 tain site. 

23 ‘‘(B) DEADLINE FOR FINAL DECISION BY

24 COMMISSION.—The Commission shall issue a 

25 final decision approving or disapproving the 

mstockstill on PROD1PC66 with BILLS

13 

•S 37 IS

1 issuance of the license not later than 18 months 

2 after the date of submission of the application 

3 to the Commission.’’. 

4 SEC. 5. REPEAL OF CAPACITY LIMITATION. 

5 Section 114(d) of the Nuclear Waste Policy Act of 

6 1982 (42 U.S.C. 10134(d)) is amended by striking the 

7 second and third sentences. 

8 SEC. 6. INFRASTRUCTURE ACTIVITIES. 

9 Section 114 of the Nuclear Waste Policy Act of 1982 

10 (42 U.S.C. 10134) is amended by adding at the end the 

11 following: 

12 ‘‘(g) INFRASTRUCTURE ACTIVITIES.— 

13 ‘‘(1) CONSTRUCTION OF CONNECTED FACILI14 TIES.—At any time after the completion by the Sec15 retary of a final environmental impact statement 

16 that evaluates the activities to be performed under 

17 this subsection, the Secretary may commence the 

18 following activities in connection with any activity or 

19 facility licensed or to be licensed by the Commission 

20 at the Yucca Mountain site: 

21 ‘‘(A) Preparation of the site for construc22 tion of the facility (including such activities as 

23 clearing, grading, and construction of tem24 porary access roads and borrow areas). 

mstockstill on PROD1PC66 with BILLS

14 

•S 37 IS

1 ‘‘(B) Installation of temporary construc2 tion support facilities (including such items as 

3 warehouse and shop facilities, utilities, concrete 

4 mixing plants, docking and unloading facilities, 

5 and construction support buildings). 

6 ‘‘(C) Excavation for facility structures. 

7 ‘‘(D) Construction of service facilities (in8 cluding such facilities as roadways, paving, rail9 road spurs, fencing, exterior utility and lighting 

10 systems, transmission lines, and sanitary sewer11 age treatment facilities). 

12 ‘‘(E) Construction of structures, systems, 

13 and components that do not prevent or mitigate 

14 the consequences of possible accidents that 

15 could cause undue risk to the health and safety 

16 of the public. 

17 ‘‘(F) Installation of structural foundations 

18 (including any necessary subsurface prepara19 tion) for structures, systems, and components 

20 that prevent or mitigate the consequences of 

21 possible accidents that could cause undue risk 

22 to the health and safety of the public. 

23 ‘‘(2) AUTHORIZATION TO RECEIVE AND

24 STORE.— 

25 ‘‘(A) DEFINITIONS.—In this paragraph: 

mstockstill on PROD1PC66 with BILLS

15 

•S 37 IS

1 ‘‘(i) DEFENSE WASTE.—The term ‘de2 fense waste’ means high-level radioactive 

3 waste, and spent nuclear fuel, that results 

4 from an atomic energy defense activity. 

5 ‘‘(ii) LEGACY SPENT NUCLEAR

6 FUEL.—The term ‘legacy spent nuclear 

7 fuel’ means spent nuclear fuel— 

8 ‘‘(I) that is subject to a contract 

9 entered into pursuant to section 302; 

10 and 

11 ‘‘(II) for which the Secretary de12 termines that there is not at the time 

13 of the determination, and will not be 

14 within a reasonable time after the de15 termination, sufficient domestic capac16 ity available to recycle the spent nu17 clear fuel. 

18 ‘‘(B) AUTHORIZATION FOR DEFENSE

19 WASTE.—At any time after the issuance of a li20 cense for receipt and storage facilities under 

21 subsection (b)(2), the Secretary may transport 

22 defense waste to receipt and storage facilities at 

23 the Yucca Mountain site. 

24 ‘‘(C) AUTHORIZATION FOR LEGACY SPENT

25 NUCLEAR FUEL.—At any time after the 

mstockstill on PROD1PC66 with BILLS

16 

•S 37 IS

1 issuance of a construction authorization under 

2 subsection (d) and the issuance of a license for 

3 receipt and storage facilities under subsection 

4 (b)(2), the Secretary may receive and store leg5 acy spent nuclear fuel and high-level radioactive 

6 waste at the Yucca Mountain site.’’. 

7 SEC. 7. RAIL LINE. 

8 (a) CONSTRUCTION OF RAIL LINE.—The Secretary 

9 shall acquire rights-of-way within the corridor designated 

10 in subsection (b) in accordance with this section, and shall 

11 construct and operate, or cause to be constructed and op12 erated, a railroad and such facilities as are required to 

13 transport spent nuclear fuel and high-level radioactive 

14 waste from existing rail systems to the site of surface fa15 cilities within the geologic repository operations area for 

16 the receipt, handling, packaging, and storage of spent nu17 clear fuel and high-level radioactive waste prior to em18 placement. 

19 (b) ACQUISITION AND WITHDRAWAL OF LAND.— 

20 (1) ROUTE DESIGNATION AND ACQUISITION.— 

21 (A) RIGHTS-OF-WAY AND FACILITIES.— 

22 The Secretary shall acquire such rights-of-way 

23 and develop such facilities within the corridor 

24 referred to as ‘‘X’’ on the map dated ølll¿ 

mstockstill on PROD1PC66 with BILLS

17 

•S 37 IS

1 and on file with the Secretary as are necessary 

2 to carry out subsection (a). 

3 (B) RECOMMENDATIONS.—The Secretary 

4 shall consider specific alignment proposals for 

5 the route for the corridor made by the State of 

6 Nevada and the units of local government with7 in whose jurisdiction the route is proposed to 

8 pass. 

9 (C) NOTICE AND DESCRIPTION.—Not later 

10 than 180 days after the date of enactment of 

11 this section, the Secretary shall— 

12 (i) publish in the Federal Register a 

13 notice containing a legal description of the 

14 corridor; and 

15 (ii) file copies of the map referred to 

16 in paragraph (1) and the legal description 

17 of the corridor with— 

18 (I) Congress; 

19 (II) the Secretary of the Interior; 

20 (III) the Governor of the State of 

21 Nevada; 

22 (IV) the Board of County Com23 missioners of Lincoln County, Ne24 vada; 

mstockstill on PROD1PC66 with BILLS

18 

•S 37 IS

1 (V) the Board of County Com2 missioners of Nye County, Nevada; 

3 and 

4 (VI) the Archivist of the United 

5 States. 

6 (D) ADMINISTRATION.— 

7 (i) EFFECT.—The map and legal de8 scription referred to in subparagraph (C) 

9 shall have the same force and effect as if 

10 the map and legal description were in11 cluded in this Act. 

12 (ii) CORRECTIONS.—The Secretary 

13 may correct clerical and typographical er14 rors in the map and legal description and 

15 make minor adjustments in the boundaries 

16 of the corridor. 

17 (2) WITHDRAWAL AND RESERVATION.— 

18 (A) PUBLIC LAND.—Subject to valid exist19 ing rights, the public land depicted on the map 

20 referred to in paragraph (1)(C) is withdrawn 

21 from all forms of entry, appropriation, and dis22 posal under the public land laws, including the 

23 mineral leasing laws, the geothermal laws, the 

24 material sale laws, and the mining laws. 

mstockstill on PROD1PC66 with BILLS

19 

•S 37 IS

1 (B) ADMINISTRATIVE JURISDICTION.—Ad2 ministrative jurisdiction over the land is trans3 ferred from the Secretary of the Interior to the 

4 Secretary. 

5 (C) RESERVATION.—The land is reserved 

6 for the use of the Secretary for the construction 

7 and operation of transportation facilities and 

8 associated activities under title I of the Nuclear 

9 Waste Policy Act of 1982 (42 U.S.C. 10121 et 

10 seq.) 

11 (D) MEMORANDUM OF UNDER12 STANDING.—The Secretary may also enter into 

13 a memorandum of understanding with the head 

14 of any other agency having administrative juris15 diction over other Federal land used for pur16 poses of the corridor referred to in paragraph 

17 (1)(A). 

18 (c) ENVIRONMENTAL IMPACT.— 

19 (1) IN GENERAL.—The Secretary shall comply 

20 with all applicable requirements under the National 

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

22 et seq.) with respect to activities carried out under 

23 this section. 

24 (2) CONSIDERATION OF POTENTIAL IMPACTS.— 

25 To the extent a Federal agency is required to conmstockstill on PROD1PC66 with BILLS

20 

•S 37 IS

1 sider the potential environmental impact of an activ2 ity carried out under this section, the Federal agen3 cy shall adopt, to the maximum extent practicable, 

4 an environmental impact statement prepared under 

5 this section. 

6 (3) EFFECT OF ADOPTION OF STATEMENT.— 

7 The adoption by a Federal agency of an environ8 mental impact statement under paragraph (2) shall 

9 be considered to satisfy the responsibilities of the 

10 Federal agency under the National Environmental 

11 Policy Act of 1969 (42 U.S.C. 4321 et seq.), and no 

12 further consideration under that Act shall be re13 quired by the Federal agency. 

14 SEC. 8. NEW PLANT CONTRACTS. 

15 Section 302(a) of the Nuclear Waste Policy Act of 

16 1982 (42 U.S.C. 10222(a)) is amended by striking para17 graph (5) and inserting the following: 

18 ‘‘(5) REQUIRED PROVISIONS.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), any contract entered into 

21 under this section shall provide that— 

22 ‘‘(i) following issuance of a license to 

23 construct and operate facilities to receive 

24 and store spent nuclear fuel at the Yucca 

25 Mountain site, the Secretary shall take 

mstockstill on PROD1PC66 with BILLS

21 

•S 37 IS

1 title to the high-level radioactive waste or 

2 spent nuclear fuel involved as expeditiously 

3 as practicable upon the request of the gen4 erator or owner of such waste or spent 

5 fuel; and 

6 ‘‘(ii) in return for the payment of fees 

7 established by this section, the Secretary, 

8 beginning not later than January 31, 

9 1998, shall dispose of the high-level radio10 active waste or spent nuclear fuel involved 

11 as provided in this subtitle. 

12 ‘‘(B) EXCEPTION.—Notwithstanding sub13 paragraph (A), with respect to a nuclear power 

14 facility for which a license application is filed 

15 with the Commission after January 1, 2008, 

16 under section 103 or 104 of the Atomic Energy 

17 Act of 1954 (42 U.S.C. 2133, 2134), a contract 

18 entered into under this section shall— 

19 ‘‘(i) except as provided in clause (ii) 

20 and any terms and conditions relating to 

21 spent nuclear fuel generated before the 

22 date of enactment of the Nuclear Fuel 

23 Management and Disposal Act, be con24 sistent with the terms and conditions of 

25 the contract entitled ‘Contract for Disposal 

mstockstill on PROD1PC66 with BILLS

22 

•S 37 IS

1 of Spent Nuclear Fuel and/or High-Level 

2 Radioactive Waste’ that is included in sec3 tion 961.11 of title 10 of the Code of Fed4 eral Regulations (as in effect on the date 

5 of enactment of the Nuclear Fuel Manage6 ment and Disposal Act); 

7 ‘‘(ii) provide for the taking of title to, 

8 and removal of, high-level waste or spent 

9 nuclear fuel beginning not later than 30 

10 years after the date on which the nuclear 

11 power facility begins commercial oper12 ations; and 

13 ‘‘(iii) be entered into not later than 60 

14 days after the date on which the license 

15 application is docketed by the Commis16 sion.’’. 

17 SEC. 9. NUCLEAR WASTE FUND. 

18 (a) BUDGET ACT ALLOCATIONS.—Effective for fiscal 

19 year 2008 and each fiscal year thereafter, funds appro20 priated from the Nuclear Waste Fund established under 

21 section 302 of the Nuclear Waste Policy Act of 1982 (42 

22 U.S.C. 10222) shall not be subject to— 

23 (1) the allocations for discretionary spending 

24 under section 302(a) of the Congressional Budget 

25 Act of 1974 (2 U.S.C. 633(a)); or 

mstockstill on PROD1PC66 with BILLS

23 

•S 37 IS

1 (2) the suballocations of appropriations commit2 tees under section 302(b) of that Act. 

3 (b) FUND USES.—Section 302(d)(4) of the Nuclear 

4 Waste Policy Act of 1982 (42 U.S.C. 10222(d)(4)) is 

5 amended by striking ‘‘with’’ and all that follows through 

6 ‘‘storage site’’ and inserting ‘‘with surface facilities within 

7 the geologic repository operations area (including surface 

8 facilities for the receipt, handling, packaging, and storage 

9 of spent nuclear fuel and high-level radioactive waste prior 

10 to emplacement, or transportation to the repository of 

11 spent nuclear fuel or high-level radioactive waste to sur12 face facilities for the receipt, handling, packaging, and 

13 storage of spent nuclear fuel and high-level radioactive 

14 waste prior to emplacement and the transportation, treat15 ing, or packaging of spent nuclear fuel or high-level radio16 active waste to be disposed of in the repository, to be 

17 stored in a monitored retrievable storage site),’’. 

18 SEC. 10. WASTE CONFIDENCE. 

19 For purposes of a determination by the Nuclear Reg20 ulatory Commission on whether to grant or amend any 

21 license to operate any civilian nuclear power reactor or 

22 high-level radioactive waste or spent fuel storage or treat23 ment facility under the Atomic Energy Act of 1954 (42 

24 U.S.C. 2011 et seq.), the provisions of this Act (including 

25 the amendments made by this Act) and the obligation of 

mstockstill on PROD1PC66 with BILLS

24 

•S 37 IS

1 the Secretary to develop a repository in accordance with 

2 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 

3 et seq.), shall provide sufficient and independent grounds 

4 for any further findings by the Nuclear Regulatory Com5 mission of reasonable assurances that spent nuclear fuel 

6 and high-level radioactive waste would be disposed of safe7 ly and in a timely manner. 

Æ 

mstockstill on PROD1PC66 with BILLS