I 
115TH CONGRESS 
1ST SESSION H. R. 3053 
To amend the Nuclear Waste Policy Act of 1982, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2017 
Mr. SHIMKUS introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Natural Resources, and Armed Services, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Nuclear Waste Policy Act of 1982, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Nuclear Waste Policy Amendments Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—MONITORED RETRIEVABLE STORAGE 
Sec. 101. Monitored retrievable storage. 
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Sec. 102. Authorization and priority. 
Sec. 103. Conditions for MRS agreements. 
Sec. 104. Survey. 
Sec. 105. Site selection. 
Sec. 106. Benefits agreement. 
Sec. 107. Licensing. 
TITLE II—PERMANENT REPOSITORY 
Sec. 201. Land withdrawal, jurisdiction, and reservation. 
Sec. 202. Water access. 
Sec. 203. Application procedures and infrastructure activities. 
Sec. 204. Pending repository license application. 
Sec. 205. Limitation on planning, development, or construction of defense 
waste repository. 
Sec. 206. Sense of Congress regarding transportation routes. 
TITLE III—DOE CONTRACT PERFORMANCE 
Sec. 301. Title to material. 
TITLE IV—BENEFITS TO HOST COMMUNITY 
Sec. 401. Consent. 
Sec. 402. Content of agreements. 
Sec. 403. Covered units of local government. 
Sec. 404. Termination. 
Sec. 405. Priority funding for certain institutions of higher education. 
Sec. 406. Disposal of spent nuclear fuel. 
Sec. 407. Updated report. 
TITLE V—FUNDING 
Sec. 501. Assessment and collection of fees. 
Sec. 502. Use of Waste Fund. 
Sec. 503. Annual multi-year budget proposal. 
Sec. 504. Availability of certain amounts. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Certain standards and criteria. 
Sec. 602. Application. 
Sec. 603. Office of Civilian Radioactive Waste Management. 
TITLE I—MONITORED 
RETRIEVABLE STORAGE 
SEC. 101. MONITORED RETRIEVABLE STORAGE. 
(a) PROPOSAL.—Section 141(b) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10161(b)) is amend-
ed— 
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(1) in paragraph (1)— 
(A) by striking ‘‘1985’’ and inserting 
‘‘2019’’; and 
(B) by striking ‘‘the construction of’’; 
(2) in paragraph (2)— 
(A) by amending subparagraph (C) to read 
as follows: 
‘‘(C) designs, specifications, and cost estimates 
sufficient to— 
‘‘(i) solicit bids for the construction of one 
or more such facilities; and 
‘‘(ii) enable completion and operation of 
such a facility as soon as practicable;’’; 
(B) in subparagraph (D), by striking ‘‘this 
Act.’’ and inserting ‘‘this Act; and’’; and 
(C) by adding at the end the following: 
‘‘(E) options to enter into MRS agreements 
with respect to one or more monitored retrievable 
storage facilities.’’; and 
(3) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) The Secretary shall, not later than 90 days after 
the date of enactment of the Nuclear Waste Policy 
Amendments Act of 2017, publish a request for informa-
tion to help the Secretary evaluate options for the Sec-
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‘‘(2) store, pursuant to an MRS agreement, De-
partment-owned civilian waste at a monitored re-
trievable storage facility for which a non-Federal en-
tity holds a license described in section 143(1). 
‘‘(c) PRIORITY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall prioritize storage of 
Department-owned civilian waste at a monitored re-
trievable storage facility authorized under subsection 
(b)(2). 
‘‘(2) EXCEPTION.— 
‘‘(A) 
DETERMINATION.—Paragraph 
(1) 
shall not apply if the Secretary determines that 
it will be faster and less expensive to site, con-
struct, and operate a facility authorized under 
subsection (b)(1), in comparison to a facility 
authorized under subsection (b)(2). 
‘‘(B) NOTIFICATION.—Not later than 30 
days after the Secretary makes a determination 
described in subparagraph (A), the Secretary 
shall submit to Congress written notification of 
such determination.’’. 
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SEC. 103. CONDITIONS FOR MRS AGREEMENTS. 
(a) AMENDMENT.—Section 143 of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10163) is amended to read 
as follows: 
‘‘SEC. 143. CONDITIONS FOR MRS AGREEMENTS. 
‘‘The Secretary may not enter into an MRS agree-
ment under section 142(b)(2) unless— 
‘‘(1) the monitored retrievable storage facility 
with respect to which the MRS agreement applies 
has been licensed by the Commission under the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
seq.); 
‘‘(2) the non-Federal entity that is a party to 
the MRS agreement has approval to store Depart-
ment-owned civilian waste at such facility from each 
of— 
‘‘(A) the Governor of the State in which 
the facility is located; 
‘‘(B) any unit of general local government 
with jurisdiction over the area in which the fa-
cility is located; and 
‘‘(C) any affected Indian tribe; 
‘‘(3) the Commission has issued a final decision 
approving or disapproving the issuance of a con-
struction authorization for a repository under sec-
tion 114(d)(1); and 
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‘‘(4) the MRS agreement provides that the 
quantity of high-level radioactive waste and spent 
nuclear fuel at the site of the facility at any one 
time will not exceed the limits described in section 
148(d)(3) and (4).’’. 
(b) CONFORMING AMENDMENT.—The item relating 
to section 143 in the table of contents for the Nuclear 
Waste Policy Act of 1982 is amended to read as follows: 
‘‘Sec. 143. Conditions for MRS agreements.’’. 
SEC. 104. SURVEY. 
Section 144 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10164) is amended— 
(1) by striking ‘‘After the MRS Commission 
submits its report to the Congress under section 
143, the’’ and inserting ‘‘(a) IN GENERAL.—The’’; 
(2) in paragraph (6), by striking ‘‘; and’’ and 
inserting a semicolon; 
(3) in paragraph (7), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding after paragraph (7) the following: 
‘‘(8) be acceptable to State authorities, affected 
units of local government, and affected Indian 
tribes. 
‘‘(b) REQUEST
FOR PROPOSALS.—The Secretary 
shall issue a request for proposals for an MRS agreement 
authorized under section 142(b)(2) before conducting a 
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survey and evaluation under subsection (a), and shall con-
sider any proposals received in response to such request 
in making the evaluation.’’. 
SEC. 105. SITE SELECTION. 
Section 145 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10165) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘select the site evaluated’’ 
and inserting ‘‘select a site evaluated’’; and 
(B) by striking ‘‘the most’’; and 
(2) by striking subsection (g). 
SEC. 106. BENEFITS AGREEMENT. 
Section 147 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10167) is amended— 
(1) by inserting ‘‘the Secretary intends to con-
struct and operate under section 142(b)(1)’’ after 
‘‘storage facility’’; and 
(2) by inserting ‘‘or once a non-Federal entity 
enters into an MRS agreement under section 
142(b)(2),’’ after ‘‘section 145,’’. 
SEC. 107. LICENSING. 
(a) REVIEW
OF LICENSE APPLICATION.—Section 
148(c) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10168(c)) is amended by striking ‘‘section 142(b)’’ 
and inserting ‘‘section 142(b)(1)’’. 
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(b) LICENSING CONDITIONS.—Section 148(d) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10168(d)) 
is amended— 
(1) in paragraph (1), by striking ‘‘has issued a 
license for the construction of a repository under 
section 115(d)’’ and inserting ‘‘has issued a final de-
cision approving or disapproving the issuance of a 
construction authorization for a repository under 
section 114(d)(1)’’; and 
(2) in paragraph (2), by striking ‘‘or construc-
tion of the repository ceases’’. 
TITLE II—PERMANENT 
REPOSITORY 
SEC. 201. LAND WITHDRAWAL, JURISDICTION, AND RES-
ERVATION. 
(a) LAND WITHDRAWAL, JURISDICTION, AND RES-
ERVATION.— 
(1) LAND WITHDRAWAL.—Subject to valid ex-
isting rights and except as provided otherwise in this 
section, the lands described in subsection (c) are 
withdrawn permanently from all forms of entry, ap-
propriation, and disposal under the public land laws, 
including the mineral leasing laws, the geothermal 
leasing laws, and the mining laws. 
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(2) JURISDICTION.—Except as otherwise pro-
vided in this section, jurisdiction over the withdrawal 
is vested in the Secretary. There are transferred to 
the Secretary the lands within the withdrawal under 
the jurisdiction of the Secretary concerned on the ef-
fective date described in subsection (j)(1). 
(3) RESERVATION.—The withdrawal is reserved 
for 
use 
by 
the 
Secretary 
for 
development, 
preconstruction testing and performance confirma-
tion, licensing, construction, management and oper-
ation, monitoring, closure, postclosure, and other ac-
tivities associated with the disposal of high-level ra-
dioactive waste and spent nuclear fuel under the Nu-
clear Waste Policy Act of 1982 (42 U.S.C. 10101 et 
seq.). 
(b) REVOCATION
AND MODIFICATION
OF PUBLIC 
LAND ORDERS AND RIGHTS-OF-WAY.— 
(1) PUBLIC LAND ORDER REVOCATION.—Public 
Land Order 6802 of September 25, 1990, as ex-
tended by Public Land Order 7534, and any condi-
tions or memoranda of understanding accompanying 
those land orders, are revoked. 
(2) 
RIGHT-OF-WAY
RESERVATIONS.—Project 
right-of-way reservations N–48602 and N–47748 of 
January 2001, are revoked. 
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(c) LAND DESCRIPTION.— 
(1) BOUNDARIES.—The lands and interests in 
lands withdrawn and reserved by this section com-
prise the approximately 147,000 acres of land in 
Nye County, Nevada, as generally depicted on the 
Yucca Mountain Project Map, YMP–03–024.2, enti-
tled ‘‘Proposed Land Withdrawal’’ and dated July 
21, 2005. 
(2) LEGAL DESCRIPTION AND MAP.—Not later 
than 120 days after the date of enactment of this 
Act, the Secretary of the Interior shall— 
(A) publish in the Federal Register a no-
tice containing a legal description of the with-
drawal; and 
(B) file copies of the maps described in 
paragraph (1) and the legal description of the 
withdrawal with the Congress, the Governor of 
the State of Nevada, and the Archivist of the 
United States. 
(3) TECHNICAL CORRECTIONS.—The maps and 
legal description referred to in this subsection have 
the same force and effect as if they were included 
in this section. The Secretary of the Interior may 
correct clerical and typographical errors in the maps 
and legal description. 
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(d) RELATIONSHIP TO OTHER RESERVATIONS.—The 
provisions of subtitle A of title XXX of the Military Lands 
Withdrawal Act of 1999 (sections 3011–3023 of Public 
Law 106–65) and of Public Land Order 2568 do not apply 
to the lands withdrawn and reserved for use by the Sec-
retary under subsection (a). This Act does not apply to 
any other lands withdrawn for use by the Department of 
Defense under subtitle A of title XXX of the Military 
Lands Withdrawal Act of 1999. 
(e) MANAGEMENT RESPONSIBILITIES.— 
(1) GENERAL AUTHORITY.—The Secretary shall 
manage the lands withdrawn by subsection (a) con-
sistent with the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.), this sec-
tion, and other applicable law. The Secretary shall 
consult with the Secretary concerned in discharging 
that responsibility. 
(2) MANAGEMENT PLAN.— 
(A) DEVELOPMENT.—The Secretary, after 
consulting with the Secretary concerned, shall 
develop a management plan for the use of the 
withdrawal. Within 3 years after the date of en-
actment of this Act, the Secretary shall submit 
the management plan to the Congress and the 
State of Nevada. 
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(B) 
PRIORITY
OF
YUCCA
MOUNTAIN 
PROJECT-RELATED
ISSUES.—Subject to sub-
paragraphs (C) and (D), any use of the with-
drawal for activities not associated with the 
Project is subject to conditions and restrictions 
that the Secretary considers necessary or desir-
able to permit the conduct of Project-related ac-
tivities. 
(C) DEPARTMENT
OF
THE
AIR
FORCE 
USES.—The management plan may provide for 
the continued use by the Department of the Air 
Force of the portion of the withdrawal within 
the Nellis Air Force Base Test and Training 
Range under terms and conditions on which the 
Secretary and the Secretary of the Air Force 
agree concerning Air Force activities. 
(D) 
OTHER
NON-YUCCA-MOUNTAIN- 
PROJECT
USES.—The management plan shall 
provide for the maintenance of wildlife habitat 
and shall provide that the Secretary may permit 
non-Project-related uses that the Secretary con-
siders appropriate, including domestic livestock 
grazing and hunting and trapping in accord-
ance with the following requirements: 
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(i) GRAZING.—The Secretary may 
permit grazing to continue where estab-
lished before the effective date described in 
subsection (j)(1), subject to regulations, 
policies, and practices that the Secretary, 
after consulting with the Secretary of the 
Interior, determines to be necessary or ap-
propriate. The management of grazing 
shall be conducted in accordance with ap-
plicable grazing laws and policies, includ-
ing— 
(I) the Act commonly known as 
the ‘‘Taylor Grazing Act’’ (43 U.S.C. 
315 et seq.); 
(II) title IV of the Federal Land 
Policy and Management Act of 1976 
(43 U.S.C. 1751 et seq.); and 
(III) the Public Rangelands Im-
provement Act of 1978 (43 U.S.C. 
1901 et seq.). 
(ii) HUNTING
AND
TRAPPING.—The 
Secretary may permit hunting and trap-
ping within the withdrawal where estab-
lished before the effective date described in 
subsection (k)(1), except that the Sec-
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retary, after consulting with the Secretary 
of the Interior and the State of Nevada, 
may designate zones where, and establish 
periods when, no hunting or trapping is 
permitted for reasons of public safety, na-
tional security, administration, or public 
use and enjoyment. 
(E) MINING.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), surface or subsurface mining 
or oil or gas production, including slant 
drilling from outside the boundaries of the 
withdrawal, is not permitted at any time 
on lands on or under the withdrawal. The 
Secretary of the Interior shall evaluate and 
adjudicate the validity of all unpatented 
mining claims on the portion of the with-
drawal that, on the date of enactment of 
this Act, was under the control of the Bu-
reau of Land Management. The Secretary 
shall provide just compensation for the ac-
quisition of any valid property right. 
(ii) 
CIND-R-LITE
MINE.—Patented 
Mining Claim No. 27–83–0002, covering 
the Cind-R-Lite Mine, shall not be affected 
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by establishment of the withdrawal set 
forth in subsection (a)(1). In that event, 
the Secretary shall provide just compensa-
tion. 
(F) LIMITED PUBLIC ACCESS.—The man-
agement plan may provide for limited public ac-
cess to the portion of the withdrawal under Bu-
reau of Land Management control on the effec-
tive date described in subsection (j)(1). Per-
mitted uses may include continuation of the 
Nye County Early Warning Drilling Program, 
utility corridors, and other uses the Secretary, 
after consulting with the Secretary of the Inte-
rior, considers consistent with the purposes of 
the withdrawal. 
(3) CLOSURE.—If the Secretary, after con-
sulting with the Secretary concerned, determines 
that the health and safety of the public or the com-
mon defense and security require the closure of a 
road, trail, or other portion of the withdrawal, or the 
airspace above the withdrawal, the Secretary may ef-
fect and maintain the closure and shall provide no-
tice of the closure. 
(4) IMPLEMENTATION.—The Secretary and the 
Secretary concerned shall implement the manage-
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ment plan developed under paragraph (2) under 
terms and conditions on which they agree. 
(f) IMMUNITY.—The United States and its depart-
ments and agencies shall be held harmless and shall not 
be liable for damages to persons or property suffered in 
the course of any mining, mineral leasing, or geothermal 
leasing activity conducted on the withdrawal. 
(g) LAND ACQUISITION.—The Secretary may acquire 
lands and interests in lands within the withdrawal. Those 
lands and interests in lands may be acquired by donation, 
purchase, lease, exchange, easement, rights-of-way, or 
other appropriate methods using donated or appropriated 
funds. The Secretary of the Interior shall conduct any ex-
change of lands within the withdrawal for Federal lands 
outside the withdrawal. 
(h) AIR QUALITY PERMITS AND REQUIREMENTS.— 
(1) PREEMPTION.—No State or unit of general 
local government thereof may issue, implement, or 
enforce any air quality permit, or requirement relat-
ing to air quality, with respect to any Federal facil-
ity or activity described in paragraph (2). 
(2) FEDERAL FACILITY OR ACTIVITY.—A Fed-
eral facility or activity described in this paragraph is 
a Federal facility or activity that is— 
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(A) subject to the requirements of the Nu-
clear Waste Policy Act of 1982 (42 U.S.C. 
10101 et seq.); 
(B) for the purpose of siting, constructing, 
or operating a repository, including the support 
of any such siting, constructing, or operating; 
and 
(C) located, or occurring, in the with-
drawal. 
(i) MATERIAL
REQUIREMENTS.—Notwithstanding 
any other provision of law, no Federal, State, Interstate, 
or local requirement, either substantive or procedural, that 
is referred to in section 6001(a) of the Solid Waste Dis-
posal Act (42 U.S.C. 6961(a)) applies with respect to any 
material— 
(1) as such material is transported to a reposi-
tory for disposal at such repository; or 
(2) as, or after, such material is disposed of in 
a repository. 
(j) DEFINITIONS.— 
(1) NUCLEAR WASTE POLICY ACT OF 1982 DEFI-
NITIONS.—For purposes of this section, the terms 
‘‘disposal’’, ‘‘high-level radioactive waste’’, ‘‘reposi-
tory’’, ‘‘Secretary’’, and ‘‘spent nuclear fuel’’ have 
the meaning given those terms in section 2 of the 
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Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101). 
(2) OTHER DEFINITIONS.—For purposes of this 
section— 
(A) the term ‘‘withdrawal’’ means the geo-
graphic area consisting of the land described in 
subsection (c); 
(B) the term ‘‘Secretary concerned’’ means 
the Secretary of the Air Force or the Secretary 
of the Interior, or both, as appropriate; and 
(C) the term ‘‘Project’’ means the Yucca 
Mountain Project. 
(k) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), this section shall take effect on the date 
on which the Nuclear Regulatory Commission issues 
a final decision approving the issuance of a construc-
tion authorization for a repository under section 
114(d)(1) of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10134(d)) (as so designated by this Act). 
(2) EXCEPTIONS.—Subsections (c), (e)(2)(A), 
(h), (i), and (j) shall take effect on the date of en-
actment of this Act. 
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SEC. 202. WATER ACCESS. 
(a) AMENDMENTS.—Section 124 of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10144) is amend-
ed— 
(1) by inserting ‘‘(a) WATER RIGHTS ACQUISI-
TION EFFECT.—’’ before ‘‘The Secretary shall give 
full’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) BENEFICIAL USE OF WATER.—Notwithstanding 
any other Federal, State, or local law, the use of water 
from any source in quantities sufficient to accomplish the 
purposes of this subtitle to carry out Department func-
tions under this subtitle is declared to be a use that is 
beneficial to interstate commerce and that does not threat-
en to prove detrimental to the public interest. A State 
shall not enact or apply a law that discriminates against 
this use. The Secretary, through purchase or otherwise, 
may obtain water rights necessary to carry out Depart-
ment functions under this subtitle.’’. 
(b) EFFECTIVE DATE.—This section shall take effect 
on the date on which the Nuclear Regulatory Commission 
issues a final decision approving the issuance of a con-
struction authorization for a repository under section 
114(d)(1) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10134(d)) (as so designated by this Act). 
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SEC. 203. APPLICATION PROCEDURES AND INFRASTRUC-
TURE ACTIVITIES. 
(a) APPLICATION PROCEDURES AND INFRASTRUC-
TURE ACTIVITIES.—Section 114(d) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10134(d)) is amended— 
(1) by striking ‘‘The Commission shall con-
sider’’ and inserting the following: 
‘‘(1) APPLICATIONS
FOR
CONSTRUCTION
AU-
THORIZATION.—The Commission shall consider’’; 
(2) by striking ‘‘the expiration of 3 years after 
the date of the submission of such application’’ and 
inserting ‘‘18 months after the date of enactment of 
the Nuclear Waste Policy Amendments Act of 
2017’’; 
(3) by striking ‘‘The Commission decision ap-
proving the first such application’’ and all that fol-
lows through ‘‘monitored retrievable storage facility 
until such time as a second repository is in oper-
ation.’’; and 
(4) by adding at the end the following new 
paragraphs: 
‘‘(2) APPLICATIONS TO AMEND.—If the Com-
mission issues a construction authorization for a re-
pository pursuant to paragraph (1) and the Sec-
retary submits an application to amend such author-
ization, the Commission shall consider the applica-
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tion to amend using expedited, informal procedures, 
including discovery procedures that minimize the 
burden on the parties to produce documents. The 
Commission shall issue a final decision on such ap-
plication to amend within 1 year after the date of 
submission of such application, except that the Com-
mission may extend such deadline by not more than 
6 months if, not less than 30 days before such dead-
line, the Commission complies with the reporting re-
quirements established in subsection (e)(2). 
‘‘(3) INFRASTRUCTURE ACTIVITIES.— 
‘‘(A) IN GENERAL.—At any time before or 
after the Commission issues a final decision ap-
proving or disapproving the issuance of a con-
struction authorization for a repository pursu-
ant to paragraph (1), the Secretary may under-
take infrastructure activities that the Secretary 
considers necessary or appropriate to support 
construction or operation of a repository at the 
Yucca Mountain site or transportation to such 
site of spent nuclear fuel and high-level radio-
active waste. Infrastructure activities include 
safety upgrades, site preparation, the construc-
tion of a rail line to connect the Yucca Moun-
tain site with the national rail network (includ-
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ing any facilities to facilitate rail operations), 
and construction, upgrade, acquisition, or oper-
ation of electrical grids or facilities, other utili-
ties, communication facilities, access roads, and 
nonnuclear support facilities. 
‘‘(B) ENVIRONMENTAL ANALYSIS.—If the 
Secretary determines that an environmental 
analysis is required under the National Envi-
ronmental Policy Act of 1969 with respect to 
an infrastructure activity undertaken under this 
paragraph, the Secretary need not consider al-
ternative actions or a no-action alternative. To 
the extent any other Federal agency must con-
sider the potential environmental impact of 
such an infrastructure activity, the agency shall 
adopt, to the extent practicable, any environ-
mental analysis prepared by the Secretary 
under this subparagraph without further action. 
Such adoption satisfies the responsibilities of 
the adopting agency under the National Envi-
ronmental Policy Act of 1969, and no further 
action is required by the agency. 
‘‘(C) NO GROUNDS FOR DISAPPROVAL.— 
The Commission may not disapprove, on the 
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grounds that the Secretary undertook an infra-
structure activity under this paragraph— 
‘‘(i) the issuance of a construction au-
thorization for a repository pursuant to 
paragraph (1); 
‘‘(ii) a license to receive and possess 
spent nuclear fuel and high-level radio-
active waste; or 
‘‘(iii) any other action concerning the 
repository.’’. 
(b) CONNECTED ACTIONS.—Section 114(f)(6) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10134(f)(6)) is amended by striking ‘‘or nongeologic alter-
natives to such site’’ and inserting ‘‘nongeologic alter-
natives to such site, or an action connected or otherwise 
related to the repository to the extent the action is under-
taken outside the geologic repository operations area and 
does not require a license from the Commission’’. 
SEC. 204. PENDING REPOSITORY LICENSE APPLICATION. 
Nothing in this Act or the amendments made by this 
Act shall be construed to require the Secretary to amend 
or otherwise modify an application for a construction au-
thorization described in section 114(d) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10134(d)) pending 
as of the date of enactment of this Act. 
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SEC. 205. LIMITATION ON PLANNING, DEVELOPMENT, OR 
CONSTRUCTION OF DEFENSE WASTE REPOSI-
TORY. 
(a) LIMITATION.—The Secretary of Energy may not 
take any action relating to the planning, development, or 
construction of a defense waste repository until the date 
on which the Nuclear Regulatory Commission issues a 
final decision approving or disapproving the issuance of 
a construction authorization for a repository under section 
114(d)(1) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10134(d)) (as so designated by this Act). 
(b) DEFINITIONS.—In this section— 
(1) the terms ‘‘atomic energy defense activity’’, 
‘‘high-level radioactive waste’’, ‘‘repository’’, and 
‘‘spent nuclear fuel’’ have the meanings given those 
terms in section 2 of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C. 10101); and 
(2) the term ‘‘defense waste repository’’ means 
the repository for high-level radioactive waste and 
spent nuclear fuel derived from the atomic energy 
defense activities of the Department of Energy, as 
described in the draft plan of the Department titled 
‘‘Draft Plan for a Defense Waste Repository’’ pub-
lished on December 16, 2016. 
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SEC. 206. SENSE OF CONGRESS REGARDING TRANSPOR-
TATION ROUTES. 
It is the sense of Congress that the Secretary of En-
ergy should consider routes for the transportation of spent 
nuclear fuel or high-level radioactive waste transported by 
or for the Secretary under subtitle A of title I of the Nu-
clear Waste Policy Act of 1982 (42 U.S.C. 10131 et seq.) 
to the Yucca Mountain site that, to the extent practicable, 
avoid Las Vegas, Nevada. 
TITLE III—DOE CONTRACT 
PERFORMANCE 
SEC. 301. TITLE TO MATERIAL. 
Section 123 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10143) is amended— 
(1) by striking ‘‘Delivery’’ and inserting ‘‘(a) IN 
GENERAL.—Delivery’’; 
(2) by striking ‘‘repository constructed under 
this subtitle’’ and inserting ‘‘repository or monitored 
retrievable storage facility’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) CONTRACT MODIFICATION.—The Secretary may 
enter into new contracts or negotiate modifications to ex-
isting contracts, with any person who generates or holds 
title to high-level radioactive waste or spent nuclear fuel 
of domestic origin, for acceptance of title, subsequent 
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transportation, and storage of such high-level radioactive 
waste or spent nuclear fuel (including to expedite such ac-
ceptance of title, transportation, and storage of such waste 
or fuel from facilities that have ceased commercial oper-
ation) at a monitored retrievable storage facility author-
ized under subtitle C.’’. 
TITLE IV—BENEFITS TO HOST 
COMMUNITY 
SEC. 401. CONSENT. 
Section 170 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10173) is amended— 
(1) in subsection (c), by striking ‘‘shall offer’’ 
and inserting ‘‘may offer’’; 
(2) in subsection (d), by striking ‘‘shall’’ and 
inserting ‘‘may’’; 
(3) in subsection (e)— 
(A) by inserting a comma after ‘‘reposi-
tory’’; and 
(B) by inserting ‘‘per State,’’ after ‘‘facil-
ity’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(g) CONSENT.—The acceptance or use of any of the 
benefits provided under a benefits agreement under this 
section by the State of Nevada shall not be considered to 
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be an expression of consent, express or implied, to the 
siting of a repository in such State.’’. 
SEC. 402. CONTENT OF AGREEMENTS. 
(a) BENEFITS SCHEDULE.—The table in section 
171(a)(1) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10173a(a)(1)) is amended to read as follows: 
‘‘BENEFITS SCHEDULE 
Event 
MRS 
Repository 
(A) Annual payments 
prior to first spent 
fuel receipt .............
$5,000,000 
$15,000,000
(B) Upon first spent 
fuel receipt .............
$10,000,000 
The amount described in 
section 302(f)(1)(B)
(C) Annual payments 
after first spent fuel 
receipt until closure 
of the facility ..........
$10,000,000 
The amounts described 
in section 302(f)(1)(C)’’. 
(b) RESTRICTIONS ON USE.—Section 171(a) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10173a(a)) 
is amended— 
(1) in paragraph (6), by striking ‘‘paragraph 
(7)’’ and inserting ‘‘paragraphs (7) and (8)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(8) None of the payments under this section may 
be used— 
‘‘(A) directly or indirectly to influence legisla-
tive action on any matter pending before Congress 
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or a State legislature or for any lobbying activity as 
provided in section 1913 of title 18, United States 
Code; 
‘‘(B) for litigation purposes; or 
‘‘(C) to support multistate efforts or other coa-
lition-building activities inconsistent with the siting, 
construction, or operation of the monitored retriev-
able storage facility or repository concerned.’’. 
(c) CONTENTS.—Section 171(b) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10173a(b)) is 
amended— 
(1) by striking paragraph (2); and 
(2) by redesignating paragraphs (3) through 
(5) as paragraphs (2) through (4), respectively. 
(d) PAYMENTS FROM THE WASTE FUND.—Section 
171(c) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10173a(c)) is amended by striking the first sen-
tence and inserting the following: ‘‘The Secretary shall 
make payments to the State of Nevada under a benefits 
agreement concerning a repository under section 170 from 
the Waste Fund.’’. 
SEC. 403. COVERED UNITS OF LOCAL GOVERNMENT. 
(a) IN GENERAL.—The Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101 et seq.) is amended by inserting 
after section 172 the following new section: 
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‘‘SEC. 172A. COVERED UNITS OF LOCAL GOVERNMENT. 
‘‘(a) BENEFITS AGREEMENT.—Not earlier than 1 
year after the date of enactment of this section, the Sec-
retary may enter into a benefits agreement with any cov-
ered unit of local government concerning a repository for 
the acceptance of high-level radioactive waste or spent nu-
clear fuel in the State of Nevada. 
‘‘(b) CONTENT OF AGREEMENTS.—In addition to any 
benefits to which a covered unit of local government is 
entitled under this Act, the Secretary shall make payments 
to such covered unit of local government that is a party 
to a benefits agreement under subsection (a) to mitigate 
impacts described in section 175(b). 
‘‘(c) PAYMENTS FROM WASTE FUND.—The Sec-
retary shall make payments to a covered unit of local gov-
ernment under a benefits agreement under this section 
from the Waste Fund. 
‘‘(d) RESTRICTION ON USE.—None of the payments 
made pursuant to a benefits agreement under this section 
may be used— 
‘‘(1) directly or indirectly to influence legislative 
action on any matter pending before Congress or a 
State legislature or for any lobbying activity as pro-
vided in section 1913 of title 18, United States 
Code; 
‘‘(2) for litigation purposes; or 
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‘‘(3) to support multistate efforts or other coali-
tion-building activities inconsistent with the siting, 
construction, or operation of the repository. 
‘‘(e) CONSENT.—The acceptance or use of any of the 
benefits provided under a benefits agreement under this 
section by any covered unit of local government shall not 
be considered to be an expression of consent, express or 
implied, to the siting of a repository in the State of Ne-
vada. 
‘‘(f) COVERED UNIT OF LOCAL GOVERNMENT DE-
FINED.—In this section, the term ‘covered unit of local 
government’ means— 
‘‘(1) any affected unit of local government with 
respect to a repository; and 
‘‘(2) any unit of general local government in the 
State of Nevada.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) BENEFITS AGREEMENT.—Section 170(a)(4) 
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10173(a)(4)) is amended— 
(A) by inserting ‘‘made available pursuant 
to a benefits agreement under this section’’ 
after ‘‘under this subtitle’’; and 
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(B) by striking ‘‘with a benefits agreement 
under this section’’ and inserting ‘‘with such 
benefits agreement’’. 
(2) LIMITATION.—Section 170(e) of the Nu-
clear Waste Policy Act of 1982 (42 U.S.C. 
10173(e)) is further amended by inserting ‘‘under 
this section’’ after ‘‘may be in effect’’. 
(3) TABLE OF CONTENTS.—The table of con-
tents for the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101 note) is amended by adding after the 
item relating to section 172, the following: 
‘‘Sec. 172A. Covered units of local government.’’. 
SEC. 404. TERMINATION. 
Section 173 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10173c) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘under this title if’’ and in-
serting ‘‘under this title’’; 
(B) in paragraph (1), by inserting ‘‘con-
cerning a repository or a monitored retrievable 
storage facility, if’’ before ‘‘the site under con-
sideration’’; and 
(C) in paragraph (2), by striking ‘‘the Sec-
retary determines that the Commission cannot 
license the facility within a reasonable time’’ 
and inserting ‘‘concerning a repository, if the 
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Commission issues a final decision disapproving 
the issuance of a construction authorization for 
a repository under section 114(d)(1)’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) TERMINATION BY STATE OR INDIAN TRIBE.— 
A State, covered unit of local government (as defined in 
section 172A), or Indian tribe may only terminate a bene-
fits agreement under this title— 
‘‘(1) concerning a repository or a monitored re-
trievable storage facility, if the Secretary disqualifies 
the site under consideration for its failure to comply 
with technical requirements established by the Sec-
retary in accordance with this Act; or 
‘‘(2) concerning a repository, if the Commission 
issues a final decision disapproving the issuance of 
a construction authorization for a repository under 
section 114(d)(1).’’. 
SEC. 405. PRIORITY FUNDING FOR CERTAIN INSTITUTIONS 
OF HIGHER EDUCATION. 
Subtitle G of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10174 et seq.) is amended by adding at the 
end the following new section: 
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‘‘SEC. 176. PRIORITY FUNDING FOR CERTAIN INSTITUTIONS 
OF HIGHER EDUCATION. 
‘‘(a) IN GENERAL.—In providing any funding to in-
stitutions of higher education from the Waste Fund, the 
Secretary shall prioritize institutions of higher education 
that are located in the State of Nevada. 
‘‘(b) DEFINITION.—In this section, the term ‘institu-
tion of higher education’ has the meaning given that term 
in section 101 of the Higher Education Act of 1965 (20 
U.S.C. 1001).’’. 
SEC. 406. DISPOSAL OF SPENT NUCLEAR FUEL. 
Section 122 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10142) is amended by adding at the end the 
following: ‘‘Any economic benefits derived from the re-
trieval of spent nuclear fuel pursuant to this section shall 
be shared with the State in which the repository is located, 
affected units of local government, and affected Indian 
tribes.’’. 
SEC. 407. UPDATED REPORT. 
Section 175(a) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10174a(a)) is amended by striking ‘‘Nu-
clear Waste Policy Amendments Act of 1987’’ and insert-
ing ‘‘Nuclear Waste Policy Amendments Act of 2017’’. 
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TITLE V—FUNDING 
SEC. 501. ASSESSMENT AND COLLECTION OF FEES. 
(a) IN GENERAL.—Section 302(a)(4) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)) is 
amended— 
(1) in the first sentence— 
(A) by striking ‘‘(4) Not later than’’ and 
inserting the following: 
‘‘(4) ASSESSMENT, COLLECTION, AND PAYMENT 
OF FEES.— 
‘‘(A) ASSESSMENT
OF
FEES.—Not later 
than’’; 
(B) by striking ‘‘the date of enactment of 
this Act’’ and inserting ‘‘the date of enactment 
of the Nuclear Waste Policy Amendments Act 
of 2017’’; and 
(C) by striking ‘‘collection and payment’’ 
and inserting ‘‘assessment’’; 
(2) in the second sentence, by striking ‘‘collec-
tion of the fee’’ and inserting ‘‘such amount’’; 
(3) in the third sentence, by striking ‘‘are being 
collected’’ and inserting ‘‘will result from such 
amounts’’; 
(4) in the fifth sentence, by striking ‘‘a period 
of 90 days of continuous session’’ and all that fol-
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lows through the period at the end and inserting 
‘‘the date that is 180 days after the date of such 
transmittal.’’; and 
(5) by adding at the end the following: 
‘‘(B) COLLECTION
AND
PAYMENT
OF 
FEES.— 
‘‘(i) IN
GENERAL.—Not later than 
180 days after the date of enactment of 
Nuclear Waste Policy Amendments Act of 
2017, the Secretary shall establish proce-
dures for the collection and payment of the 
fees established by paragraph (2) and 
paragraph (3), or adjusted pursuant to 
subparagraph (A). 
‘‘(ii) LIMITATION ON COLLECTION.— 
The Secretary may not collect a fee estab-
lished under paragraph (2), including a fee 
established under paragraph (2) and ad-
justed pursuant to subparagraph (A)— 
‘‘(I) until the date on which the 
Commission issues a final decision ap-
proving or disapproving the issuance 
of a construction authorization for a 
repository under section 114(d)(1); 
and 
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‘‘(II) after such date, in an 
amount that will cause the total 
amount of fees collected under this 
subsection in any fiscal year to exceed 
90 percent of the amounts appro-
priated for that fiscal year for pur-
poses described in subsection (d). 
‘‘(iii) PAYMENT OF FULL AMOUNTS.— 
Notwithstanding the non-collection of a fee 
by the Secretary pursuant to clause (ii) in 
any fiscal year, a person who has entered 
into a contract with the Secretary under 
this subsection shall pay any uncollected 
amounts when determined necessary by the 
Secretary, subject to clause (ii), for pur-
poses described in subsection (d).’’. 
(b) AUTHORITY TO MODIFY CONTRACTS.—The Sec-
retary of Energy may seek to modify a contract entered 
into under section 302(a) of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C. 10222(a)) before the date of enact-
ment of this Act to ensure that the contract complies with 
the provisions of such section, as amended by this Act. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
Section 302(a) of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222(a)) is amended— 
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(1) in paragraph (1), by striking ‘‘paragraphs 
(2) and (3)’’ and inserting ‘‘paragraphs (2), (3), and 
(4)’’; 
(2) in paragraph (3), by striking ‘‘126(b)’’; and 
(3) in paragraph (4), by striking ‘‘insure’’ and 
inserting ‘‘ensure’’. 
SEC. 502. USE OF WASTE FUND. 
(a) IN GENERAL.—Section 302(d) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222(d)) is amend-
ed— 
(1) in paragraph (1), by striking ‘‘maintenance 
and monitoring’’ and all that follows through the 
semicolon at the end and inserting ‘‘maintenance 
and monitoring of any repository or test and evalua-
tion facility constructed under this Act;’’; 
(2) in paragraph (4), by striking ‘‘to be dis-
posed of’’ and all that follows through the semicolon 
at the end and inserting ‘‘to be disposed of in a re-
pository or to be used in a test and evaluation facil-
ity;’’; 
(3) in paragraph (5), by striking ‘‘at a reposi-
tory site’’ and all that follows through the end and 
inserting ‘‘at a repository site or a test and evalua-
tion facility site and necessary or incident to such 
repository or test and evaluation facility;’’; 
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(4) in paragraph (6), by striking the period at 
the end and inserting ‘‘; and’’; and 
(5) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) payments under benefits agreements for a 
repository entered into under section 170 or 172A.’’. 
(b) CONFORMING AMENDMENTS.—Section 117(d) of 
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10137(d)) is amended by inserting ‘‘designated with re-
spect to a repository’’ after ‘‘such representatives’’. 
SEC. 503. ANNUAL MULTI-YEAR BUDGET PROPOSAL. 
Section 302(e)(2) of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C. 10222(e)(2)) is amended by striking 
‘‘triennially’’ and inserting ‘‘annually’’. 
SEC. 504. AVAILABILITY OF CERTAIN AMOUNTS. 
Section 302 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222) is amended by adding at the end the 
following: 
‘‘(f) AVAILABILITY OF CERTAIN AMOUNTS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, for the purposes described 
in subsection (d) that are specified in subparagraphs 
(A) through (E) of this paragraph, the following 
amounts from the Waste Fund shall be available to 
the Secretary without further appropriation: 
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‘‘(A) An amount equal to 1 percent of 
2017 Waste Fund amounts, on the date on 
which high-level radioactive waste or spent nu-
clear fuel is received at the Yucca Mountain 
site, and in each of the 25 years thereafter, for 
costs associated with construction and operation 
of a repository or facilities at the Yucca Moun-
tain site. 
‘‘(B) An amount equal to 1 percent of 
2017 Waste Fund amounts, on the date on 
which high-level radioactive waste or spent nu-
clear fuel is received at the Yucca Mountain 
site, to make payments under a benefits agree-
ment entered into under section 170 with the 
State of Nevada concerning a repository. 
‘‘(C) An amount equal to 0.1 percent of 
2017 Waste Fund amounts, on the date that is 
one year after the date on which high-level ra-
dioactive waste or spent nuclear fuel is received 
at the Yucca Mountain site, and in each year 
thereafter until closure of the repository, to 
make payments under a benefits agreement en-
tered into under section 170 with the State of 
Nevada concerning a repository. 
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