II 

109TH CONGRESS 

2D SESSION S. 3962 

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 

SEPTEMBER 27, 2006 

Mr. DOMENICI (for himself and Mr. CRAIG) 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 Fuel Manage5 ment and Disposal Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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

2 meaning given the term in section 2 of the Nuclear 

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

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

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

6 given the term in section 2 of the Nuclear Waste 

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

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

9 Yucca Mountain Project. 

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

11 the meaning given the term in section 2 of the Nu12 clear Waste Policy Act of 1982 (42 U.S.C. 10101). 

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

14 the Secretary of Energy. 

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

16 nuclear fuel’’ has the meaning given the term in sec17 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

18 U.S.C. 10101). 

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

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

21 section 2 of the Nuclear Waste Policy Act of 1982 

22 (42 U.S.C. 10101). 

23 SEC. 3. WITHDRAWAL OF LAND. 

24 (a) LAND WITHDRAWAL; JURISDICTION; RESERVA25 TION; ACQUISITION.— 


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1 (1) LAND WITHDRAWAL.—Subject to valid ex2 isting rights, and except as otherwise provided in 

3 this Act, the land described in subsection (b) is with4 drawn permanently from any form of entry, appro5 priation, or disposal under the public land laws, in6 cluding, without limitation— 

7 (A) the mineral leasing laws; 

8 (B) the geothermal leasing laws; 

9 (C) materials sales laws; and 

10 (D) the mining laws. 

11 (2) JURISDICTION.—As of the date of enact12 ment of this Act, any land described in subsection 

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

14 the Air Force or the Secretary of the Interior shall 

15 be— 

16 (A) transferred to the Secretary; and 

17 (B) under the jurisdiction of the Secretary. 

18 (3) RESERVATION.—The land described in sub19 section (b) is reserved for use by the Secretary for 

20 activities associated with the disposal of high-level 

21 radioactive waste and spent nuclear fuel under the 

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

23 et seq.), including— 

24 (A) development; 


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1 (B) preconstruction testing and perform2 ance confirmation; 

3 (C) licensing; 

4 (D) construction; 

5 (E) management and operation; 

6 (F) monitoring; 

7 (G) closure and post-closure; and 

8 (H) other such activities associated with 

9 the disposal of high-level radioactive waste and 

10 spent nuclear fuel under the Nuclear Waste 

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

12 (b) LAND DESCRIPTION.— 

13 (1) BOUNDARIES.—The land referred to in sub14 section (a) is the approximately 147,000 acres of 

15 land located in Nye County, Nevada, as generally 

16 depicted on the map relating to the Project, num17 bered YMP–03–024.2, entitled ‘‘Proposed Land 

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

19 (2) LEGAL DESCRIPTION AND MAP.— 

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

21 after the date of enactment of this Act, the Sec22 retary of the Interior shall— 

23 (i) publish in the Federal Register a 

24 notice containing a legal description of the 

25 land described in this subsection; and 


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1 (ii) provide to Congress, the Governor 

2 of the State of Nevada, and the Archivist 

3 of the United States— 

4 (I) a copy of the map referred to 

5 in paragraph (1); and 

6 (II) the legal description of the 

7 land. 

8 (B) TREATMENT.— 

9 (i) IN GENERAL.—The map and legal 

10 description referred to in subparagraph 

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

12 if the map and legal description were in13 cluded in this Act. 

14 (ii) TECHNICAL CORRECTIONS.—The 

15 Secretary of the Interior may correct any 

16 clerical or typographical error in the map 

17 and legal description referred to in sub18 paragraph (A). 

19 (c) REVOCATIONS.— 

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

21 6802, dated September 25, 1990 (as extended by 

22 Public Land Order 7534), and any condition or 

23 memorandum of understanding accompanying the 

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


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1 (2) RIGHT OF WAY.—The rights-of-way reserva2 tions relating to the Project, numbered N–48602 

3 and N–47748 and dated January 5, 2001, are re4 voked. 

5 (d) MANAGEMENT OF WITHDRAWN LAND.— 

6 (1) IN GENERAL.—The Secretary, in consulta7 tion with the Secretary of the Air Force and the 

8 Secretary of the Interior, as appropriate, shall man9 age the land withdrawn under subsection (a)(1) in 

10 accordance with— 

11 (A) the Federal Land Policy and Manage12 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

13 (B) this Act; and 

14 (C) other applicable laws. 

15 (2) MANAGEMENT PLAN.— 

16 (A) DEVELOPMENT.—Not later than 3 

17 years after the date of enactment of this Act, 

18 the Secretary, in consultation with the Sec19 retary of the Air Force and the Secretary of the 

20 Interior, as appropriate, shall develop and sub21 mit to Congress and the State of Nevada a 

22 management plan for the use of the land with23 drawn under subsection (a)(1). 

24 (B) PRIORITY.—Subject to subparagraphs 

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


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1 under subsection (a)(1) for an activity not re2 lating to the Project shall be subject to such 

3 conditions and restrictions as the Secretary con4 siders to be appropriate to facilitate activities 

5 relating to the Project. 

6 (C) AIR FORCE USE.—The management 

7 plan may provide for the continued use by the 

8 Department of the Air Force of the portion of 

9 the land withdrawn under subsection (a)(1) lo10 cated within the Nellis Air Force base test and 

11 training range under such terms and conditions 

12 as may be agreed to by the Secretary and the 

13 Secretary of the Air Force. 

14 (D) NEVADA TEST SITE USE.—The man15 agement plan may provide for the continued use 

16 by the National Nuclear Security Administra17 tion of the portion of the land withdrawn under 

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

19 site of the Administration under such condi20 tions as the Secretary considers to be necessary 

21 to minimize any effect on activities relating to 

22 the Project or other activities of the Adminis23 tration. 

24 (E) OTHER USES.— 


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1 (i) IN GENERAL.—The management 

2 plan shall include provisions— 

3 (I) relating to the maintenance of 

4 wildlife habitat on the land withdrawn 

5 under subsection (a)(1); and 

6 (II) under which the Secretary 

7 may permit any use not relating to 

8 the Project, as the Secretary considers 

9 to be appropriate, in accordance with 

10 the requirements under clause (ii). 

11 (ii) REQUIREMENTS.— 

12 (I) GRAZING.—The Secretary 

13 may permit any grazing use to con14 tinue on the land withdrawn under 

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

16 was established before the date of en17 actment of this Act, subject to such 

18 regulations, policies, and practices as 

19 the Secretary, in consultation with the 

20 Secretary of the Interior, determines 

21 to be appropriate, and in accordance 

22 with applicable grazing laws and poli23 cies, including— 

24 (aa) the Act of June 28, 

25 1934 (commonly known as the 


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1 ‘‘Taylor Grazing Act’’) (43 

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

3 (bb) title IV of the Federal 

4 Land Policy Management Act of 

5 1976 (43 U.S.C. 1751 et seq.); 

6 and 

7 (cc) the Public Rangelands 

8 Improvement Act of 1978 (43 

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

10 (II) HUNTING AND TRAPPING.— 

11 The Secretary may permit any hunt12 ing or trapping use to continue on the 

13 land withdrawn under subsection 

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

15 was established before the date of en16 actment of this Act, at such time and 

17 in such zones as the Secretary, in con18 sultation with the Secretary of the In19 terior and the State of Nevada, may 

20 establish, taking into consideration 

21 public safety, national security, ad22 ministration, and public use and en23 joyment of the land. 

24 (F) PUBLIC ACCESS.— 


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1 (i) IN GENERAL.—The management 

2 plan may provide for limited public access 

3 to the portion of the land withdrawn under 

4 subsection (a)(1) that was under the con5 trol of the Bureau of Land Management 

6 on the day before the date of enactment of 

7 this Act. 

8 (ii) SPECIFIC USES.—The manage9 ment plan may permit public uses of the 

10 land relating to the Nye County Early 

11 Warning Drilling Program, utility cor12 ridors, and other uses the Secretary, in 

13 consultation with the Secretary of the Inte14 rior, considers to be consistent with the 

15 purposes of the withdrawal under sub16 section (a)(1). 

17 (3) MINING.— 

18 (A) IN GENERAL.—Surface and subsurface 

19 mining and oil and gas production, including 

20 slant drilling from outside the boundaries of the 

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

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

23 (B) EVALUATION OF CLAIMS.—The Sec24 retary of the Interior shall evaluate and adju25 dicate the validity of any mining claim relating 


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1 to any portion of the land withdrawn under 

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

3 the Bureau of Land Management on the day 

4 before the date of enactment of this Act. 

5 (C) COMPENSATION.—The Secretary shall 

6 provide just compensation for the acquisition of 

7 any valid property right relating to mining pur8 suant to the withdrawal under subsection 

9 (a)(1). 

10 (4) CLOSURES.—If the Secretary, in consulta11 tion with the Secretary of the Air Force and the 

12 Secretary of the Interior, as appropriate, determines 

13 that the health and safety of the public or the na14 tional defense and security require the closure of a 

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

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

17 above the land), the Secretary— 

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

19 land (including airspace); and 

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

21 the closure. 

22 (5) IMPLEMENTATION.—The Secretary and the 

23 Secretary of the Air Force or the Secretary of the 

24 Interior, as appropriate, shall implement the man25 agement plan developed under paragraph (2) under 


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1 such terms and conditions as may be agreed to by 

2 the Secretaries. 

3 SEC. 4. RECEIPT AND STORAGE FACILITIES. 

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

5 1982 (42 U.S.C. 10134(b)) is amended— 

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

7 the following: 

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

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

10 ‘‘(2) APPLICATION FOR RECEIPT AND STORAGE

11 FACILITIES.— 

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

13 the submission of an application for a construc14 tion authorization under this subsection, the 

15 Secretary shall apply to the Commission for a 

16 license in accordance with part 72 of title 10, 

17 Code of Federal Regulations (or a successor 

18 regulation), to construct and operate facilities 

19 to receive and store spent nuclear fuel and 

20 high-level radioactive waste at the Yucca Moun21 tain site. 

22 ‘‘(B) DEADLINE FOR FINAL DECISION BY

23 COMMISSION.—The Commission shall issue a 

24 final decision approving or disapproving the 

25 issuance of the license not later than 18 months 


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1 after the date of submission of the application 

2 to the Commission.’’. 

3 SEC. 5. REPEAL OF CAPACITY LIMITATION. 

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

5 1982 (42 U.S.C. 10134(d)) is amended by striking the 

6 second and third sentences. 

7 SEC. 6. INFRASTRUCTURE ACTIVITIES. 

8 Section 114 of the Nuclear Waste Policy Act of 1982 

9 (42 U.S.C. 10134) is amended by adding at the end the 

10 following: 

11 ‘‘(g) INFRASTRUCTURE ACTIVITIES.— 

12 ‘‘(1) CONSTRUCTION OF CONNECTED FACILI13 TIES.—At any time after the completion by the Sec14 retary of a final environmental impact statement 

15 that evaluates the activities to be performed under 

16 this subsection, the Secretary may commence the 

17 following activities in connection with any activity or 

18 facility licensed or to be licensed by the Commission 

19 at the Yucca Mountain site: 

20 ‘‘(A) Preparation of the site for construc21 tion of the facility (including such activities as 

22 clearing, grading, and construction of tem23 porary access roads and borrow areas). 

24 ‘‘(B) Installation of temporary construc25 tion support facilities (including such items as 


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1 warehouse and shop facilities, utilities, concrete 

2 mixing plants, docking and unloading facilities, 

3 and construction support buildings). 

4 ‘‘(C) Excavation for facility structures. 

5 ‘‘(D) Construction of service facilities (in6 cluding such facilities as roadways, paving, rail7 road spurs, fencing, exterior utility and lighting 

8 systems, transmission lines, and sanitary sewer9 age treatment facilities). 

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

11 and components that do not prevent or mitigate 

12 the consequences of possible accidents that 

13 could cause undue risk to the health and safety 

14 of the public. 

15 ‘‘(F) Installation of structural foundations 

16 (including any necessary subsurface prepara17 tion) for structures, systems, and components 

18 that prevent or mitigate the consequences of 

19 possible accidents that could cause undue risk 

20 to the health and safety of the public. 

21 ‘‘(2) AUTHORIZATION TO RECEIVE AND

22 STORE.— 

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

24 ‘‘(i) DEFENSE WASTE.—The term ‘de25 fense waste’ means high-level radioactive 


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1 waste, and spent nuclear fuel, that results 

2 from an atomic energy defense activity. 

3 ‘‘(ii) LEGACY SPENT NUCLEAR

4 FUEL.—The term ‘legacy spent nuclear 

5 fuel’ means spent nuclear fuel— 

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

7 entered into pursuant to section 302; 

8 and 

9 ‘‘(II) for which the Secretary de10 termines that there is not at the time 

11 of the determination, and will not be 

12 within a reasonable time after the de13 termination, sufficient domestic capac14 ity available to recycle the spent nu15 clear fuel. 

16 ‘‘(B) AUTHORIZATION FOR DEFENSE

17 WASTE.—At any time after the issuance of a li18 cense for receipt and storage facilities under 

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

20 defense waste to receipt and storage facilities at 

21 the Yucca Mountain site. 

22 ‘‘(C) AUTHORIZATION FOR LEGACY SPENT

23 NUCLEAR FUEL.—At any time after the 

24 issuance of a construction authorization under 

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


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1 receipt and storage facilities under subsection 

2 (b)(2), the Secretary may receive and store leg3 acy spent nuclear fuel and high-level radioactive 

4 waste at the Yucca Mountain site.’’. 

5 SEC. 7. RAIL LINE. 

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

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

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

9 construct and operate, or cause to be constructed and op10 erated, a railroad and such facilities as are required to 

11 transport spent nuclear fuel and high-level radioactive 

12 waste from existing rail systems to the site of surface fa13 cilities within the geologic repository operations area for 

14 the receipt, handling, packaging, and storage of spent nu15 clear fuel and high-level radioactive waste prior to em16 placement. 

17 (b) ACQUISITION AND WITHDRAWAL OF LAND.— 

18 (1) ROUTE DESIGNATION AND ACQUISITION.— 

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

20 The Secretary shall acquire such rights-of-way 

21 and develop such facilities within the corridor 

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

23 and on file with the Secretary as are necessary 

24 to carry out subsection (a). 


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1 (B) RECOMMENDATIONS.—The Secretary 

2 shall consider specific alignment proposals for 

3 the route for the corridor made by the State of 

4 Nevada and the units of local government with5 in whose jurisdiction the route is proposed to 

6 pass. 

7 (C) NOTICE AND DESCRIPTION.—Not later 

8 than 180 days after the date of enactment of 

9 this section, the Secretary shall— 

10 (i) publish in the Federal Register a 

11 notice containing a legal description of the 

12 corridor; and 

13 (ii) file copies of the map referred to 

14 in paragraph (1) and the legal description 

15 of the corridor with— 

16 (I) Congress; 

17 (II) the Secretary of the Interior; 

18 (III) the Governor of the State of 

19 Nevada; 

20 (IV) the Board of County Com21 missioners of Lincoln County, Ne22 vada; 

23 (V) the Board of County Com24 missioners of Nye County, Nevada; 

25 and 


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1 (VI) the Archivist of the United 

2 States. 

3 (D) ADMINISTRATION.— 

4 (i) EFFECT.—The map and legal de5 scription referred to in subparagraph (C) 

6 shall have the same force and effect as if 

7 the map and legal description were in8 cluded in this Act. 

9 (ii) CORRECTIONS.—The Secretary 

10 may correct clerical and typographical er11 rors in the map and legal description and 

12 make minor adjustments in the boundaries 

13 of the corridor. 

14 (2) WITHDRAWAL AND RESERVATION.— 

15 (A) PUBLIC LAND.—Subject to valid exist16 ing rights, the public land depicted on the map 

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

18 from all forms of entry, appropriation, and dis19 posal under the public land laws, including the 

20 mineral leasing laws, the geothermal laws, the 

21 material sale laws, and the mining laws. 

22 (B) ADMINISTRATIVE JURISDICTION.—Ad23 ministrative jurisdiction over the land is trans24 ferred from the Secretary of the Interior to the 

25 Secretary. 


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1 (C) RESERVATION.—The land is reserved 

2 for the use of the Secretary for the construction 

3 and operation of transportation facilities and 

4 associated activities under title I of the Nuclear 

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

6 seq.) 

7 (D) MEMORANDUM OF UNDER8 STANDING.—The Secretary may also enter into 

9 a memorandum of understanding with the head 

10 of any other agency having administrative juris11 diction over other Federal land used for pur12 poses of the corridor referred to in paragraph 

13 (1)(A). 

14 (c) ENVIRONMENTAL IMPACT.— 

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

16 with all applicable requirements under the National 

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

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

19 this section. 

20 (2) CONSIDERATION OF POTENTIAL IMPACTS.— 

21 To the extent a Federal agency is required to con22 sider the potential environmental impact of an activ23 ity carried out under this section, the Federal agen24 cy shall adopt, to the maximum extent practicable, 


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1 an environmental impact statement prepared under 

2 this section. 

3 (3) EFFECT OF ADOPTION OF STATEMENT.— 

4 The adoption by a Federal agency of an environ5 mental impact statement under paragraph (2) shall 

6 be considered to satisfy the responsibilities of the 

7 Federal agency under the National Environmental 

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

9 further consideration under that Act shall be re10 quired by the Federal agency. 

11 SEC. 8. NEW PLANT CONTRACTS. 

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

13 1982 (42 U.S.C. 10222(a)) is amended by striking para14 graph (5) and inserting the following— 

15 ‘‘(5) REQUIRED PROVISIONS.— 

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

17 subparagraph (B), any contract entered into 

18 under this section shall provide that— 

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

20 construct and operate facilities to receive 

21 and store spent nuclear fuel at the Yucca 

22 Mountain site, the Secretary shall take 

23 title to the high-level radioactive waste or 

24 spent nuclear fuel involved as expeditiously 

25 as practicable upon the request of the genVerDate Aug 31 2005 05:27 Sep 30, 2006 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3962.IS S3962

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1 erator or owner of such waste or spent 

2 fuel; and 

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

4 established by this section, the Secretary, 

5 beginning not later than January 31, 

6 1998, shall dispose of the high-level radio7 active waste or spent nuclear fuel involved 

8 as provided in this subtitle. 

9 ‘‘(B) EXCEPTION.—Notwithstanding sub10 paragraph (A), with respect to a nuclear power 

11 facility for which a license application is filed 

12 with the Commission after January 1, 2007, 

13 under section 103 or 104 of the Atomic Energy 

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

15 entered into under this section shall— 

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

17 and any terms and conditions relating to 

18 spent nuclear fuel generated before the 

19 date of enactment of the Nuclear Fuel 

20 Management and Disposal Act, be con21 sistent with the terms and conditions of 

22 the contract entitled ‘Contract for Disposal 

23 of Spent Nuclear Fuel and/or High-Level 

24 Radioactive Waste’ that is included in sec25 tion 961.11 of title 10 of the Code of FedVerDate Aug 31 2005 05:27 Sep 30, 2006 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3962.IS S3962

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1 eral Regulations (as in effect on the date 

2 of enactment of the Nuclear Fuel Manage3 ment and Disposal Act); 

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

5 and removal of, high-level waste or spent 

6 nuclear fuel beginning not later than 25 

7 years after the date on which the nuclear 

8 power facility begins commercial oper9 ations; and 

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

11 days after the date on which the license 

12 application is docketed by the Commis13 sion.’’. 

14 SEC. 9. NUCLEAR WASTE FUND. 

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

16 year 2007 and each fiscal year thereafter, funds appro17 priated from the Nuclear Waste Fund established under 

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

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

20 (1) the allocations for discretionary spending 

21 under section 302(a) of the Congressional Budget 

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

23 (2) the suballocations of appropriations commit24 tees under section 302(b) of that Act. 


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

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

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

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

5 the geologic repository operations area (including surface 

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

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

8 to emplacement, or transportation to the repository of 

9 spent nuclear fuel or high-level radioactive waste to sur10 face facilities for the receipt, handling, packaging, and 

11 storage of spent nuclear fuel and high-level radioactive 

12 waste prior to emplacement and the transportation, treat13 ing, or packaging of spent nuclear fuel or high-level radio14 active waste to be disposed of in the repository, to be 

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

16 (c) BUDGET NEUTRALITY.—As soon as practicable 

17 after the date of enactment of this Act, the Chairperson 

18 of the Committee on the Budget of the House of Rep19 resentatives and the Chairperson of the Committee on 

20 Budget of the Senate shall make adjustments in the allo21 cation of new budget authority to the appropriate commit22 tees in amounts equal to the fees reclassified by subsection 

23 (a). 


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1 SEC. 10. WASTE CONFIDENCE. 

2 For purposes of a determination by the Nuclear Reg3 ulatory Commission on whether to grant or amend any 

4 license to operate any civilian nuclear power reactor or 

5 high-level radioactive waste or spent fuel storage or treat6 ment facility under the Atomic Energy Act of 1954 (42 

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

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

9 the Secretary to develop a repository in accordance with 

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

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

12 for any further findings by the Nuclear Regulatory Com13 mission of reasonable assurances that spent nuclear fuel 

14 and high-level radioactive waste would be disposed of safe15 ly and in a timely manner. 

Æ 


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