IB
Union Calendar No. 195
105TH CONGRESS
1ST SESSION
H. R. 1270
[Report No. 105–290, Parts I and II]
To amend the Nuclear Waste Policy Act of 1982.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 1997
Mr. UPTON (for himself, Mr. TOWNS, Mr. HASTERT, Mr. CRAPO, Mr. HALL
of Texas, Mr. GUTKNECHT, Mr. BURR of North Carolina, Mr. BARTON
of Texas, Mr. STEARNS, Mr. KLINK, Mr. RUSH, Mr. KNOLLENBERG, Mr.
BONIOR, Mr. TAUZIN, Mr. NORWOOD, Mr. GRAHAM, Mr. MANZULLO, Mr.
SHIMKUS, Mr. EHLERS, Mr. STUPAK, Mr. RAMSTAD, Mr. SPRATT, Mr.
PICKERING, Mr. BILIRAKIS, Mr. PORTER, Mr. LIPINSKI, Mr. LAHOOD,
Mr. FAWELL, Mr. GORDON, Mr. EVERETT, Mr. KILDEE, Mr. BARCIA,
Mr. BARTLETT of Maryland, Mr. SKEEN, Mr. WHITFIELD, Mr. LATHAM,
Mr. MCHUGH, Mr. SNOWBARGER, Mr. CAMP, Mr. HASTINGS of Washing-
ton, Mr. BAKER, Mr. FRELINGHUYSEN, Mr. COOKSEY, Mr. LEVIN, Mr.
SESSIONS, Mr. GOSS, Mr. COLLINS, Mr. MANTON, Mrs. ROUKEMA, Mr.
CHAMBLISS, Mr. BORSKI, Mr. FATTAH, Mr. HOLDEN, Mr. RIGGS, Mr.
CLYBURN, Mr. MORAN of Virginia, Mr. BACHUS, Mr. PACKARD, and Mr.
BERRY) introduced the following bill; which was referred to the Commit-
tee on Commerce, and in addition to the Committees on Resources, and
Transportation and Infrastructure, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
OCTOBER 1, 1997
Additional sponsors: Ms. DUNN, Mr. FOX of Pennsylvania, Mrs. THURMAN,
Mr. CONYERS, Mr. LATOURETTE, Mr. KLUG, Mrs. FOWLER, Mr. HYDE,
Mr. GILLMOR, Mr. CALVERT, Mr. SAM JOHNSON of Texas, Mr. MICA,
Mr. SISISKY, Mr. WICKER, Mrs. CUBIN, Mr. LOBIONDO, Mr. SPENCE,
Mr. 
WELDON
of 
Florida, 
Mr. 
PICKETT, 
Mr. 
BOUCHER, 
Mr.
SCARBOROUGH, Mr. MCCOLLUM, Mr. WAMP, Ms. KILPATRICK, Mr. SOL-
OMON, Mr. PAXON, Ms. STABENOW, Mr. WHITE, Mr. BALLENGER, Mr.
JOHN, Mr. SENSENBRENNER, Mr. CALLAHAN, Mr. INGLIS of South Caro-
lina, Mrs. MYRICK, Mr. LINDER, Mr. BOYD, Mr. ROHRABACHER, Mr.
RYUN, Mr. HILLEARY, Mr. MORAN of Kansas, Mr. COBLE, Mr. WELLER,
Mr. TAYLOR of North Carolina, Mr. CANADY of Florida, Mr. SANFORD,
Mr. DIAZ-BALART, Mr. DUNCAN, Mr. BEREUTER, Mr. NETHERCUTT,
•HR 1270 RH2
Mr. GREEN, Mr. HEFNER, Mr. CRAMER, Ms. CHRISTIAN-GREEN, Ms.
PRYCE of Ohio, Mr. KANJORSKI, Mr. HOEKSTRA, Mr. BOEHLERT, Mr.
LIVINGSTON, Mr. ETHERIDGE, Mr. KINGSTON, Mr. JONES, Mr.
HILLIARD, Mr. DAVIS of Virginia, Mr. OXLEY, Mr. MCINTYRE, Mr.
WEXLER, Mr. ADERHOLT, Mr. THORNBERRY, Mr. HUTCHINSON, Mr.
SAXTON, Mr. HASTINGS of Florida, Ms. JACKSON-LEE of Texas, Mr.
WALSH, Mr. SCOTT, Mr. EHRLICH, Mr. THOMPSON, Mr. PARKER, Mr.
MCCRERY, Mr. GOODE, Mrs. MEEK of Florida, Mr. DOOLITTLE, Mr.
GALLEGLY, Mr. POMEROY, Mr. BARR of Georgia, Mr. PETERSON of Min-
nesota, Mr. RILEY, Mr. GEKAS, Mr. GOODLATTE, Mrs. CHENOWETH, Mr.
PITTS, Mrs. JOHNSON of Connecticut, Mr. FOLEY, Mr. SHAW, Mr.
LEACH, Mr. BURTON of Indiana, Mr. TRAFICANT, Mr. BATEMAN, Mr.
SUNUNU, Mr. KIND, Mr. SNYDER, Mrs. EMERSON, Mr. DEUTSCH, Mr.
STENHOLM, Mr. SMITH of Michigan, Ms. ROS-LEHTINEN, Mr. SHADEGG,
Mr. YOUNG of Florida, and Mrs. NORTHUP
OCTOBER 1, 1997
Reported from the Committee on Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
OCTOBER 1, 1997
Referral to the Committee on Transportation and Infrastructure extended for
a period ending not later than October 1, 1997
OCTOBER 1, 1997
The Committee on Transportation and Infrastructure discharged
OCTOBER 1, 1997
Referral to the Committee on Resources extended for a period ending not later
than October 21, 1997
OCTOBER 21, 1997
Reported from the Committee on Resources with an amendment, committed
to the Committee of the Whole House on the State of the Union, and
ordered to be printed.
[Strike out all after the enacting clause and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on April 10, 1997]
A BILL
To amend the Nuclear Waste Policy Act of 1982.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
•HR 1270 RH2
SECTION 1. AMENDMENT OF NUCLEAR WASTE POLICY ACT
OF 1982.
The Nuclear Waste Policy Act of 1982 is amended to
read as follows:
‘‘SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Nu-
clear Waste Policy Act of 1997’.
‘‘(b) TABLE OF CONTENTS.—
‘‘Sec. 1. Short title and table of contents.
‘‘Sec. 2. Definitions.
‘‘Sec. 3. Findings and purposes.
‘‘TITLE I—OBLIGATIONS
‘‘Sec. 101. Obligations of the Secretary of Energy.
‘‘TITLE II—INTEGRATED MANAGEMENT SYSTEM
‘‘Sec. 201. Intermodal transfer.
‘‘Sec. 202. Transportation planning.
‘‘Sec. 203. Transportation requirements.
‘‘Sec. 204. Interim storage.
‘‘Sec. 205. Permanent disposal.
‘‘Sec. 206. Land withdrawal.
‘‘Sec. 207. Private storage facilities.
‘‘TITLE III—LOCAL RELATIONS
‘‘Sec. 301. On-site representative.
‘‘Sec. 302. Benefits agreements.
‘‘Sec. 303. Content of agreements.
‘‘Sec. 304. Acceptance of benefits.
‘‘Sec. 305. Restriction on use of funds.
‘‘Sec. 306. Initial land conveyances.
‘‘Sec. 307. Payments equal to taxes.
‘‘TITLE IV—FUNDING AND ORGANIZATION
‘‘Sec. 401. Program funding.
‘‘Sec. 402. Office of Civilian Radioactive Waste Management.
‘‘Sec. 403. Defense contribution.
‘‘TITLE V—GENERAL AND MISCELLANEOUS PROVISIONS
‘‘Sec. 501. Compliance with other laws.
‘‘Sec. 502. Water rights.
‘‘Sec. 503. Judicial review of agency actions.
‘‘Sec. 504. Licensing of facility expansions and transshipments.
•HR 1270 RH2
‘‘Sec. 505. Siting a second repository.
‘‘Sec. 506. Financial arrangements for low-level radioactive waste site closure.
‘‘Sec. 507. Nuclear Regulatory Commission training authorization.
‘‘Sec. 508. Acceptance schedule.
‘‘Sec. 509. Subseabed or ocean water disposal.
‘‘TITLE VI—NUCLEAR WASTE TECHNICAL REVIEW BOARD
‘‘Sec. 601. Definitions.
‘‘Sec. 602. Nuclear Waste Technical Review Board.
‘‘Sec. 603. Functions.
‘‘Sec. 604. Investigatory powers.
‘‘Sec. 605. Compensation of members.
‘‘Sec. 606. Staff.
‘‘Sec. 607. Support services.
‘‘Sec. 608. Report.
‘‘Sec. 609. Authorization of appropriations.
‘‘Sec. 610. Termination of the board.
‘‘TITLE VII—MANAGEMENT REFORM
‘‘Sec. 701. Management reform initiatives.
‘‘Sec. 702. Reporting.
‘‘SEC. 2. DEFINITIONS.
‘‘For purposes of this Act:
‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘accept’
and ‘acceptance’ mean the Secretary’s act of taking
possession of spent nuclear fuel or high-level radio-
active waste.
‘‘(2) ACCEPTANCE
SCHEDULE.—The term ‘ac-
ceptance schedule’ means the schedule established in
section 508 for acceptance of spent nuclear fuel and
high-level radioactive waste.
‘‘(3) AFFECTED INDIAN TRIBE.—The term ‘af-
fected Indian tribe’ means any Indian tribe—
‘‘(A) within whose reservation boundaries
the interim storage facility or a repository for
•HR 1270 RH2
spent nuclear fuel or high-level radioactive waste,
or both, is proposed to be located; or
‘‘(B) whose federally defined possessory or
usage rights to other lands outside of the reserva-
tion’s boundaries arising out of congressionally
ratified treaties may be substantially and ad-
versely affected by the locating of such a facility
if the Secretary of the Interior finds, upon the
petition of the appropriate governmental officials
of the tribe, that such effects are both substantial
and adverse to the tribe.
‘‘(4) AFFECTED UNIT OF LOCAL GOVERNMENT.—
The term ‘affected unit of local government’ means the
unit of local government with jurisdiction over the
site of a repository or interim storage facility. Such
term may, at the discretion of the Secretary, include
other units of local government that are contiguous
with such unit.
‘‘(5) ATOMIC ENERGY DEFENSE ACTIVITY.—The
term ‘atomic energy defense activity’ means any ac-
tivity of the Secretary performed in whole or in part
in carrying out any of the following functions:
‘‘(A) Naval reactors development.
‘‘(B) Weapons activities including defense
inertial confinement fusion.
•HR 1270 RH2
‘‘(C) Verification and control technology.
‘‘(D) Defense nuclear materials production.
‘‘(E) Defense nuclear waste and materials
byproducts management.
‘‘(F) Defense nuclear materials security and
safeguards and security investigations.
‘‘(G) Defense research and development.
‘‘(6) CIVILIAN NUCLEAR POWER REACTOR.—The
term ‘civilian nuclear power reactor’ means a civilian
nuclear power plant required to be licensed under sec-
tion 103 or 104 b. of the Atomic Energy Act of 1954
(42 U.S.C. 2133, 2134(b)).
‘‘(7) 
COMMISSION.—The 
term 
‘Commission’
means the Nuclear Regulatory Commission.
‘‘(8) DEPARTMENT.—The term ‘Department’
means the Department of Energy.
‘‘(9) DISPOSAL.—The term ‘disposal’ means the
emplacement in a repository of spent nuclear fuel,
high-level radioactive waste, or other highly radio-
active material with no foreseeable intent of recovery,
whether or not such emplacement permits recovery of
such material for any future purpose.
‘‘(10) DISPOSAL
SYSTEM.—The term ‘disposal
system’ means all natural barriers and engineered
barriers, and engineered systems and components,
•HR 1270 RH2
‘‘(13) FEDERAL
AGENCY.—The term ‘Federal
agency’ means any Executive agency, as defined in
section 105 of title 5, United States Code.
‘‘(14) INDIAN TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community of Indians recognized as
eligible for the services provided to Indians by the
Secretary of the Interior because of their status as In-
dians including any Alaska Native village, as defined
in section 3(c) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(c)).
‘‘(15) INTEGRATED MANAGEMENT SYSTEM.—The
term ‘integrated management system’ means the sys-
tem developed by the Secretary for the acceptance,
transportation, storage, and disposal of spent nuclear
fuel and high-level radioactive waste.
‘‘(16) INTERIM
STORAGE
FACILITY.—The term
‘interim storage facility’ means a facility designed
and constructed for the receipt, handling, possession,
safeguarding, and storage of spent nuclear fuel and
high-level radioactive waste in accordance with title
II of this Act.
‘‘(17) INTERIM
STORAGE
FACILITY
SITE.—The
term ‘interim storage facility site’ means the specific
site within Area 25 of the Nevada Test Site that is
•HR 1270 RH2
designated by the Secretary and withdrawn and re-
served in accordance with this Act for the location of
the interim storage facility.
‘‘(18) LOW-LEVEL
RADIOACTIVE
WASTE.—The
term ‘low-level radioactive waste’ means radioactive
material that—
‘‘(A) is not spent nuclear fuel, high-level ra-
dioactive waste, transuranic waste, or byproduct
material as defined in section 11 e.(2) of the
Atomic 
Energy 
Act 
of 
1954 
(42 
U.S.C.
2014(e)(2)); and
‘‘(B) the Commission, consistent with exist-
ing law, classifies as low-level radioactive waste.
‘‘(19) METRIC TONS URANIUM.—The terms ‘met-
ric tons uranium’ and ‘MTU’ mean the amount of
uranium in the original unirradiated fuel element
whether or not the spent nuclear fuel has been reproc-
essed.
‘‘(20) NUCLEAR WASTE FUND.—The term ‘Nu-
clear Waste Fund’ means the nuclear waste fund es-
tablished in the United States Treasury prior to the
date of enactment of this Act under section 302(c) of
the Nuclear Waste Policy Act of 1982.
‘‘(21) OFFICE.—The term ‘Office’ means the Of-
fice of Civilian Radioactive Waste Management estab-
•HR 1270 RH2
lished within the Department prior to the date of en-
actment of this Act under the provisions of the Nu-
clear Waste Policy Act of 1982.
‘‘(22) PACKAGE.—The term ‘package’ means the
primary container that holds, and is in direct contact
with, solidified high-level radioactive waste, spent nu-
clear fuel, or other radioactive materials and any
overpack that are emplaced at a repository.
‘‘(23) PROGRAM APPROACH.—The term ‘program
approach’ means the Civilian Radioactive Waste
Management Program Plan, dated May 1996, as
modified by this Act, and as amended from time to
time by the Secretary in accordance with this Act.
‘‘(24) 
REPOSITORY.—The 
term 
‘repository’
means a system designed and constructed under title
II of this Act for the permanent geologic disposal of
spent nuclear fuel and high-level radioactive waste,
including both surface and subsurface areas at which
spent nuclear fuel and high-level radioactive waste re-
ceipt, handling, possession, safeguarding, and storage
are conducted.
‘‘(25) SECRETARY.—The term ‘Secretary’ means
the Secretary of Energy.
‘‘(26) SITE CHARACTERIZATION.—The term ‘site
characterization’ means activities, whether in a lab-
•HR 1270 RH2
oratory or in the field, undertaken to establish the
geologic condition and the ranges of the parameters of
a candidate site relevant to the location of a reposi-
tory, including borings, surface excavations, exca-
vations of exploratory facilities, limited subsurface
lateral excavations and borings, and in situ testing
needed to evaluate the licensability of a candidate site
for the location of a repository, but not including pre-
liminary borings and geophysical testing needed to
assess whether site characterization should be under-
taken.
‘‘(27) SPENT NUCLEAR FUEL.—The term ‘spent
nuclear fuel’ means fuel that has been withdrawn
from a nuclear reactor following irradiation, the con-
stituent elements of which have not been separated by
reprocessing.
‘‘(28) STORAGE.—The term ‘storage’ means re-
tention of spent nuclear fuel or high-level radioactive
waste with the intent to recover such waste or fuel for
subsequent use, processing, or disposal.
‘‘(29) WITHDRAWAL.—The term ‘withdrawal’ has
the same definition as that set forth in the Federal
Land Policy and Management Act (43 U.S.C. 1702 et
seq.).
•HR 1270 RH2
‘‘(30) YUCCA MOUNTAIN SITE.—The term ‘Yucca
Mountain site’ means the area in the State of Nevada
that is withdrawn and reserved in accordance with
this Act for the location of a repository.
‘‘SEC. 3. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) while spent nuclear fuel can be safely stored
at reactor sites, the expeditious movement to and stor-
age of such spent nuclear fuel at a centralized Federal
facility will enhance the nation’s environmental pro-
tection;
‘‘(2) while the Federal Government has the re-
sponsibility to provide for the centralized interim
storage and permanent disposal of spent nuclear fuel
and high-level radioactive waste to protect the public
health and safety and the environment, the costs of
such storage and disposal should be the responsibility
of the generators and owners of such waste and fuel,
including the Federal Government;
‘‘(3) in the interests of protecting the public
health and safety, enhancing the nation’s environ-
mental protection, promoting the nation’s energy se-
curity, and ensuring the Secretary’s ability to com-
mence acceptance of spent nuclear fuel and high-level
radioactive waste no later than January 31, 2002, it
•HR 1270 RH2
is necessary for Congress to authorize the interim
storage facility;
‘‘(4) deficit-control measures designed to limit
appropriation of general revenues have limited the
availability of the Nuclear Waste Fund for its in-
tended purposes; and
‘‘(5) the Federal Government has the responsibil-
ity to provide for the permanent disposal of waste
generated from United States atomic energy defense
activities.
‘‘(b) PURPOSES.—The purposes of this Act are—
‘‘(1) to direct the Secretary to develop an inte-
grated management system in accordance with this
Act so that the Department can accept spent nuclear
fuel or high-level radioactive waste for interim storage
commencing no later than January 31, 2002, and for
permanent disposal at a repository commencing no
later than January 17, 2010;
‘‘(2) to provide for the siting, construction, and
operation of a repository for permanent geologic dis-
posal of spent nuclear fuel and high-level radioactive
waste in order to adequately protect the public and
the environment;
‘‘(3) to take those actions necessary to ensure
that the consumers of nuclear energy, who are fund-
•HR 1270 RH2
ing the Secretary’s activities under this Act, receive
the services to which they are entitled and realize the
benefits of enhanced protection of public health and
safety, and the environment, that will ensue from the
Secretary’s compliance with the obligations imposed
by this Act; and
‘‘(4) to provide a schedule and process for the ex-
peditious and safe development and commencement of
operation of an integrated management system and
any necessary modifications to the transportation in-
frastructure to ensure that the Secretary can com-
mence acceptance of spent nuclear fuel and high-level
radioactive waste no later than January 31, 2002.
‘‘TITLE I—OBLIGATIONS
‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
‘‘(a) DISPOSAL.—The Secretary shall develop and op-
erate a repository for the permanent geologic disposal of
spent nuclear fuel and high-level radioactive waste.
‘‘(b) ACCEPTANCE.—The Secretary shall accept spent
nuclear fuel and high-level radioactive waste for storage at
the interim storage facility pursuant to section 204 in ac-
cordance with the acceptance schedule, beginning not later
than January 31, 2002.
•HR 1270 RH2
‘‘(c) TRANSPORTATION.—The Secretary shall provide
for the transportation of spent nuclear fuel and high-level
radioactive waste accepted by the Secretary.
‘‘(d) INTEGRATED MANAGEMENT SYSTEM.—The Sec-
retary shall expeditiously pursue the development of each
component of the integrated management system, and in
so doing shall seek to utilize effective private sector manage-
ment and contracting practices.
‘‘TITLE II—INTEGRATED
MANAGEMENT SYSTEM
‘‘SEC. 201. INTERMODAL TRANSFER.
‘‘(a) TRANSPORTATION.—The Secretary shall utilize
heavy-haul truck transport to move spent nuclear fuel and
high-level radioactive waste from the mainline rail line at
Caliente, Nevada, to the interim storage facility site. If di-
rect rail access becomes available to the interim storage fa-
cility site, the Secretary may use rail transportation to
meet the requirements of this title.
‘‘(b) CAPABILITY DATE.—The Secretary shall develop
the capability to commence rail to truck intermodal trans-
fer at Caliente, Nevada, no later than January 31, 2002.
‘‘(c) ACQUISITIONS.—The Secretary shall acquire
lands and rights-of-way necessary to commence intermodal
transfer at Caliente, Nevada.
•HR 1270 RH2
‘‘(d) REPLACEMENTS.—The Secretary shall acquire
and develop on behalf of, and dedicate to, the City of
Caliente, Nevada, parcels of land and rights-of-way as re-
quired to facilitate replacement of land and city wastewater
disposal activities necessary to commence intermodal trans-
fer pursuant to this Act. Replacement of land and city
wastewater disposal activities shall occur no later than
January 31, 2002.
‘‘(e) NOTICE AND MAP.—Within 6 months of the date
of enactment of this Act, the Secretary shall—
‘‘(1) publish in the Federal Register a notice con-
taining a legal description of the sites and rights-of-
way to be acquired under this section; and
‘‘(2) file copies of a map of such sites and rights-
of-way with the Congress, the Secretary of the Inte-
rior, the State of Nevada, the Archivist of the United
States, the Board of Lincoln County Commissioners,
the Board of Nye County Commissioners, and the
Caliente City Council.
Such map and legal description shall have the same force
and effect as if they were included in this Act. The Sec-
retary may correct clerical and typographical errors in
legal descriptions and make minor adjustments in the
boundaries.
•HR 1270 RH2
‘‘(f) IMPROVEMENTS.—The Secretary shall make im-
provements to existing roadways selected for heavy-haul
truck transport between Caliente, Nevada, and the interim
storage facility site as necessary to facilitate year-round
safe transport of spent nuclear fuel and high-level radio-
active waste.
‘‘(g) HEAVY-HAUL TRANSPORTATION ROUTE.—
‘‘(1) DESIGNATION OF ROUTE.—The route for the
heavy-haul truck transport of spent nuclear fuel and
high-level radioactive waste shall be as designated in
the map dated July 21, 1997 (referred to as ‘Heavy-
Haul Route’) and on file with the Secretary.
‘‘(2) TRUCK TRANSPORTATION.—The Secretary,
in consultation with the State of Nevada and appro-
priate counties and local jurisdictions, shall establish
reasonable terms and conditions pursuant to which
the Secretary may utilize heavy-haul truck transport
to move spent nuclear fuel and high-level radioactive
waste from Caliente, Nevada, to the interim storage
facility site.
‘‘(3) IMPROVEMENTS AND MAINTENANCE.—Not-
withstanding any other law—
‘‘(A) the Secretary shall be responsible for
any incremental costs related to improving or
upgrading Federal, State, and local roads within
•HR 1270 RH2
the heavy-haul transportation route utilized, and
performing any maintenance activities on such
roads, as necessary, to facilitate year-round safe
transport of spent nuclear fuel and high-level ra-
dioactive waste; and
‘‘(B) any such improvement, upgrading, or
maintenance activity shall be funded solely by
appropriations made pursuant to sections 401
and 403 of this Act.
‘‘(h) LOCAL GOVERNMENT INVOLVEMENT.—The Com-
mission shall enter into a Memorandum of Understanding
with the City of Caliente and Lincoln County, Nevada, to
provide advice to the Commission regarding intermodal
transfer and to facilitate on-site representation. Reasonable
expenses of such representation shall be paid by the Sec-
retary.
‘‘SEC. 202. TRANSPORTATION PLANNING.
‘‘(a) TRANSPORTATION READINESS.—The Secretary
shall take those actions that are necessary and appropriate
to ensure that the Secretary is able to accept and transport
spent nuclear fuel and high-level radioactive waste begin-
ning not later than January 31, 2002. As soon as is prac-
ticable following the enactment of this Act, the Secretary
shall analyze each specific reactor facility in the order of
priority established in the acceptance schedule, and develop
•HR 1270 RH2
a logistical plan to assure the Secretary’s ability to trans-
port spent nuclear fuel and high-level radioactive waste.
‘‘(b) TRANSPORTATION PLANNING.—In conjunction
with the development of the logistical plan in accordance
with subsection (a), the Secretary shall update and modify,
as necessary, the Secretary’s transportation institutional
plans to ensure that institutional issues are addressed and
resolved on a schedule to support the commencement of
transportation of spent nuclear fuel and high-level radio-
active waste to the interim storage facility no later than
January 31, 2002. Among other things, such planning shall
provide a schedule and process for addressing and imple-
menting, as necessary, transportation routing plans, trans-
portation contracting plans, transportation training in ac-
cordance with section 203, and transportation tracking pro-
grams.
‘‘SEC. 203. TRANSPORTATION REQUIREMENTS.
‘‘(a) PACKAGE CERTIFICATION.—No spent nuclear fuel
or high-level radioactive waste may be transported by or
for the Secretary under this Act except in packages that
have been certified for such purposes by the Commission.
‘‘(b) STATE NOTIFICATION.—The Secretary shall abide
by regulations of the Commission regarding advance notifi-
cation of State and local governments prior to transpor-