lowing irradiation, the constituent elements of which
have not been separated by reprocessing.
‘‘(29) The term ‘storage’ means retention of
high-level radioactive waste, spent nuclear fuel, or
transuranic waste with the intent to recover such
waste or fuel for subsequent use, processing, or dis-
posal.
‘‘(30) The term ‘waste fund’ means the nuclear
waste fund established in the United States Treas-
ury prior to the date of enactment of this Act under
section 302(c) of the Nuclear Waste Policy Act of
1982.
‘‘(31) The term ‘withdrawal’ has the same defi-
nition as that set forth in the Federal Land Policy
Management Act (43 U.S.C. 1702).
‘‘(32) 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the area in the State of Nevada that is withdrawn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 lo-
cation of a repository.
‘‘SEC. 3. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) a national problem has been created by the
accumulation of—
‘‘(A) spent nuclear fuel from and at nu-
clear reactors; and
‘‘(B) radioactive waste from—
‘‘(i) reprocessing of spent nuclear fuel;
‘‘(ii) activities related to medical re-
search, diagnosis, and treatment; and
‘‘(iii) other sources;
‘‘(2) the storage and disposal of high-level ra-
dioactive waste and spent nuclear fuel at a central
Federal site is vital to the protection of the public
health and safety and the environment and to the
maintenance of the energy security of the United
States;
‘‘(3) while spent nuclear fuel can be safely
stored at reactor sites, the expeditious movement to
and storage of such spent nuclear fuel at a central-
ized Federal facility will enhance the nation’s envi-
ronmental protection;
‘‘(4) while the Federal Government has the re-
sponsibility to provide for the centralized interim
storage and permanent disposal of high-level radio-
active waste and spent nuclear fuel to protect the
public health and safety and the environment, the
costs of such storage and disposal should be the re-
sponsibility of the generators and owners of such
waste and fuel, including the Federal Government;
‘‘(5) development of an integrated spent nuclear
fuel management system would provide a safe, envi-
ronmentally sound, efficient, and cost effective meth-
od of storing, transporting, and disposing of high-
level radioactive waste and spent nuclear fuel, and
would ensure that the consumers of nuclear energy
are receiving the services for which they have paid,
including interest, over $10,000,000,000;
‘‘(6) the expeditious development and utilization
of a central Federal facility and associated equip-
ment for the storage of spent nuclear fuel, as well
as the transportation infrastructure necessary for
access to such a facility, is not only critical to the
nation’s energy security and environmental protec-
tion, but would provide a means for the Secretary to
meet the Secretary’s obligations under this Act;
‘‘(7) 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 meet
the Secretary’s obligation to commence acceptance of
spent nuclear fuel no later than January 31, 1998,
it is necessary for Congress to take steps to stream-
line the processes for siting, licensing, and commenc-
ing operations at an interim storage facility;
‘‘(8) the Secretary should continue the ongoing
efforts to develop multi-purpose canister-based sys-
tems for the storage, transportation, and disposal of
spent nuclear fuel and high-level radioactive waste in
accordance with the obligations imposed by this Act,
because such systems could provide benefits to the
integrated spent nuclear fuel management system
from a cost, feasibility, health and safety, and risk
perspective;
‘‘(9) the beneficiaries of nuclear energy have a
responsibility to provide future generations with a
safe, integrated system for the storage, transport
and disposal of spent nuclear fuel and high-level
waste, and to bear the financial costs of developing
such a system in a responsible, timely, efficient and
cost-effective manner;
‘‘(10) pursuant to the Nuclear Waste Policy
Act of 1982 and the contracts executed thereunder,
the Secretary has a clear and unconditional obliga-
tion to accept spent nuclear fuel and high-level ra-
dioactive waste beginning not later than January 31,
1998, which obligation is continued under this Act;
‘‘(11) the customers of owners and generators
of high-level radioactive waste and spent nuclear fuel
have provided, including interest, over $10 billion,
and continue to provide billions of dollars of funding
to finance the Secretary’s implementation of the
Secretary’s responsibilities to provide for the interim
storage, transportation, and permanent disposal of
spent nuclear fuel and high-level radioactive waste;
and
‘‘(12) deficit-control measures designed to limit
appropriation of general revenues have unreasonably
limited the availability of the nuclear waste fund for
its intended purposes.
‘‘(b) PURPOSES.—The purposes of this Act are—
‘‘(1) to direct the Secretary to develop an inte-
grated spent nuclear fuel management system in ac-
cordance this Act and to commence acceptance of
spent nuclear fuel and high-level radioactive waste in
accordance with the acceptance schedule no later
than January 31, 1998;
‘‘(2) to provide a means for the Secretary to
fulfill the Secretary’s obligation to commence accept-
ance of spent nuclear fuel beginning not later than
January 31, 1998, by—
‘‘(A) requiring and facilitating the develop-
ment, licensing procurement, and deployment of
multi-purpose canister systems;
‘‘(B) directing the Secretary to develop an
interim storage facility at area 25 of the Ne-
vada test site, or, at a volunteer host site in Ne-
vada;
‘‘(C) eliminating unnecessary duplication
of agency effort in complying with Federal envi-
ronmental laws in connection with the certifi-
cation of multi-purpose canisters and the siting,
licensing, construction and operation of the in-
terim storage facility, including related activi-
ties such as transportation, while ensuring com-
pliance with the purposes of such laws;
‘‘(D) modifying the provisions for licensing
of the repository to more appropriately reflect
the nature of the facility; and
‘‘(E) modifying the provisions for judicial
review of the Secretary’s and the Commission’s
actions to ensure that such review takes place
at the appropriate time and does not unduly
delay development of the integrated spent nu-
clear fuel management system;
‘‘(3) to take those actions necessary to ensure
that the consumers of nuclear energy, who are fund-
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;
‘‘(4) to provide a schedule and process for the
expeditious and safe development and commence-
ment of operation of a interim storage facility, the
procurement of related equipment, and any nec-
essary modifications to the transportation infrastruc-
ture to ensure that the Secretary can satisfy the ob-
ligation to commence acceptance of high level waste
and spent nuclear fuel no later than January 31,
1998;
‘‘(5) to facilitate the development of an inte-
grated spent nuclear fuel management system for
management of high-level radioactive waste and
spent nuclear fuel;
‘‘(6) to direct the Secretary to continue the on-
going activities with respect to the design, licensing,
procurement, and deployment of multi-purpose can-
ister systems that can be utilized for the storage,
transportation, and disposal of spent nuclear fuel
and high level radioactive waste;
‘‘(7) to direct the Secretary to implement man-
agement reforms in the civilian radioactive waste
management program, as appropriate, to facilitate
the Secretary’s ability to implement the integrated
spent nuclear fuel management system in a timely,
efficient, safe, and cost-effective manner;
‘‘(8) to eliminate unreasonable restrictions on
the appropriation of funds paid by consumers of nu-
clear energy into the nuclear waste fund to ensure
that such funds are available as necessary and ap-
propriate to support development of the integrated
spent nuclear fuel management system; and
‘‘(9) to recognize and encourage private efforts
to provide for temporary storage of spent nuclear
fuel until the Secretary fulfills the Secretary’s con-
tractual and statutory obligation to accept spent nu-
clear fuel, and to authorize the Secretary to contract
to use private storage facilities as a means of miti-
gating damages for any failure of the Secretary to
meet the Secretary’s acceptance obligations.
‘‘TITLE I—OBLIGATIONS AND
REMEDIES
‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
‘‘(a) The Secretary shall accept spent nuclear fuel
and high-level radioactive waste pursuant to this Act and
the contracts in accordance with the acceptance schedule,
beginning not later than January 31, 1998.
‘‘(b) The Secretary has a clear and unconditional ob-
ligation to accept spent nuclear fuel and high-level radio-
active waste at a Commission licensed facility notwith-
standing the availability of any component of the inte-
grated spent nuclear fuel management system or a private
facility for the temporary storage of spent nuclear fuel.
‘‘(c) The Secretary shall satisfy such obligation by ex-
peditiously pursuing the development of each component
of the integrated spent nuclear fuel management system,
and in so doing shall seek to utilize effective private sector
management and contracting practices in accordance with
title VII of this Act.
‘‘(d) The failure of the Secretary to accept spent nu-
clear fuel and high-level radioactive waste in accordance
with subsection (a) shall entitle the contract holders to the
remedies provided in section 102 of this Act, in addition
to any other remedies that may be available at law.
‘‘SEC. 102. REMEDIES.
‘‘(a) JURISDICTION.—
‘‘(1) The United States Court of Federal
Claims shall have original jurisdiction of all claims
brought by a contract holder for monetary damages
for a breach of a contract or a failure to meet statu-
tory obligations to accept spent nuclear fuel or high-
level radioactive waste. Notwithstanding any other
grant of jurisdiction, such claims may be brought
within six years of the date on which the Secretary
would have accepted the contract holder’s spent nu-
clear fuel or high level radioactive waste had the
Secretary commenced waste acceptance by January
31, 1998 in accordance with the acceptance priority
ranking in effect prior to the date of enactment of
this Act at the rate set forth in the annual capacity
report in effect prior to the date of enactment of
this Act.
‘‘(2) The provisions of the Contract Disputes
Act do not apply to claims asserted pursuant to this
section.
‘‘(b) DAMAGE AWARD.—Damages for the Secretary’s
breach of a contract or the Secretary’s failure to meet
statutory obligations shall be awarded to a contract holder
in the amounts specified in this subsection for each MTU
of spent nuclear fuel and high-level radioactive waste for
which the contract holder has to provide interim storage
that would not have been necessary if the Secretary had
accepted such material from the contract holder in accord-
ance with the acceptance ranking and rate set forth in
subsection (a)(1) of this section. The award of damages
under this subsection shall not be affected by the provision
of a multi-purpose canister system to a contract holder
by the Secretary, the storage technology and storage loca-
tion utilized by the contract holder, or the availability to
the contract holder of existing storage capacity.
‘‘(1) For the first 5-year period during which
the contract holder has to provide such interim stor-
age services, $34,000 per MTU per year.
‘‘(2) In the sixth year following the provision of
such storage services, $170,000 per MTU.
‘‘(c) PROCEDURE.—Within 6 months of the date of
enactment of this Act, the United States Court of Federal
Claims shall establish procedures that provide, to the max-
imum extent practicable, for the expeditious processing of
claims for damages under this section.
‘‘(d) RESTRICTION.—The waste fund shall not be
used, either directly or indirectly, for the payment of dam-
ages by the Secretary pursuant to this section.
‘‘(e) MITIGATION OR AVOIDANCE OF DAMAGES.—
Any damages that may otherwise arise under subsection
(b) for the Secretary’s failure to accept spent nuclear fuel
and high-level radioactive waste may be mitigated or
avoided if the Secretary provides for the transportation
to, and storage of, such fuel or waste in private storage
facilities in accordance with the following criteria:
‘‘(1) The Secretary may enter into a service
contract with one or more private entities that have
facilities, licensed or to be licensed by the Commis-
sion, that can be utilized for the storage of spent nu-
clear fuel or high-level radioactive waste and attend-
ant services, provided however that the Secretary
shall not utilize such facilities until they have re-
ceived a license from the Commission.
‘‘(2) The Secretary may utilize any available
certified system, including multi-purpose canister
systems developed under this section, for the trans-
portation of spent nuclear fuel and/or high-level ra-
dioactive waste to the private storage facility and the
storage of such fuel or waste at the private storage
facility.
‘‘(3) The Secretary’s execution of a service con-
tract with a private storage facility shall not convert
the private storage facility into a government facility
or its owner or lessee into a government contractor
or subcontractor. Accordingly, the Secretary’s execu-
tion of a service contract with a private storage fa-
cility shall not impose any obligations on the private
storage facility that are unique to contracts with the
Federal government and shall not impose any obliga-
tions on the Secretary that would not apply to a pri-
vate entity that contracts with the storage facility,
including the following:
‘‘(A) The service contract shall not impose
any requirements on the Secretary or the pri-
vate storage facility under the National Envi-
ronmental Policy Act of 1969.
‘‘(B) The service contract shall not subject
the Secretary or the private storage facility to
Federal laws and regulations governing the Sec-
retary’s procurement of goods or services or the
Secretary’s hiring, employment, payment, or fir-
ing of personnel.
‘‘(C) The service contract shall not convert
the private storage facility into an interim stor-
age facility as defined in this Act that is part
of the integrated spent nuclear fuel manage-
ment system.
‘‘(D) The service contract shall not in any
way affect the Secretary’s obligation to develop
in an expeditious manner each component of
the integrated spent nuclear fuel management
system, including the interim storage facility.
‘‘(4) The Waste Fund shall be used to fund the
Secretary’s actions in executing such service contract
and implementing the Secretary’s responsibilities
thereunder, including the acceptance of spent nu-
clear fuel and high-level radioactive waste at con-
tract holder sites and transporting such fuel or
waste to the private storage facility.
‘‘(f) ADDITIONAL REMEDIES.—The remedies pro-
vided under this section are in addition to any legal or
contractual remedies that are otherwise available to a con-
tract holder.
‘‘TITLE II—INTEGRATED SPENT
NUCLEAR 
FUEL 
MANAGE-
MENT SYSTEM
‘‘SEC. 201. ESTABLISHMENT OF THE INTEGRATED SPENT
NUCLEAR FUEL MANAGEMENT SYSTEM.
‘‘There is established an integrated spent nuclear fuel
management system for the management of spent nuclear
fuel and high-level radioactive waste by the Secretary, in-
cluding the storage, transportation, and disposal of such
spent nuclear fuel and high-level radioactive waste.
‘‘SEC. 202. RAILROAD.
‘‘(a) AUTHORIZATION.— The Secretary shall acquire
rights of way within the corridor designated in subsection
(b) as provided in this section and shall construct and op-
erate, or cause to be constructed and operated, a railroad
and such facilities as are required to transport spent nu-
clear fuel and high-level radioactive waste from existing
rail systems to the interim storage facility and the reposi-
tory.
mineral leasing laws, the geothermal laws, the mate-
rial sale laws, and the mining laws.
‘‘(2) Jurisdiction of such land is transferred
from the Secretary of the Interior to the Secretary
of Energy.
‘‘(3) Such lands are reserved for the use of the
Secretary for the construction and operation of such
transportation facilities and associated activities
under this title.
‘‘(4) The lands depicted in the corridor and on
the map that are within Bureau of Land Manage-
ment study units NV–051–411 and NV–050–04R–
15 are deemed to have been adequately studied and
shall be managed consistent with this Title.
‘‘(d) NATIONAL ENVIRONMENTAL POLICY ACT.—
‘‘(1) The Secretary’s activities in connection
with the designation of a route and the acquisition
of rights of way under this section shall be consid-
ered preliminary decisionmaking activities and shall
not constitute a major Federal action significantly
affecting the quality of the human environment for
purposes of the National Environmental Policy Act
of 1969, shall not require the preparation of an envi-
ronmental impact statement under section 102(2)(C)
of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)), or any environmental re-
view under subparagraph (E) or (F) of section
102(2) of such Act, and shall not be delayed pending
completion of the environmental impact statement
required under paragraph (2).
‘‘(2) Construction and operation of transpor-
tation facilities within the corridor shall constitute a
major Federal action significantly affecting the qual-
ity of the human environment for purposes of the
National Environmental Policy Act of 1969. The
Secretary shall prepare an environmental impact
statement on the construction and operation of such
facilities prior to commencement of construction. In
preparing such statement, the Secretary shall adopt,
to the extent practicable, relevant environmental re-
ports that have been developed by other Federal and
State agencies.
‘‘(3) For purposes of complying with the re-
quirements of the National Environmental Policy
Act of 1969 and this section, the Secretary need not
consider the need for the development or improve-
ment of transportation facilities, the timing of the
initial availability of the transportation facilities, al-
ternative routes, or alternative means of transpor-
tation.
‘‘(e) CONSTRUCTION.—Notwithstanding any state or
Federal statute, regulation or orders to the contrary, or
the pendency of any judicial proceeding, the Secretary
shall be authorized to commence construction of transpor-
tation facilities upon compliance with the requirements of
subsections (a) through (d). No court shall have jurisdic-
tion to enjoin the construction of the transportation facili-
ties authorized by this section except upon its entry of a
final order that the construction is not in accord with the
provisions of applicable law.
‘‘(f) EXEMPTION.—Neither the Secretary nor any
person constructing or operating railroad facilities under
contract with the Secretary under this section shall be con-
sidered a rail carrier within the meaning of the Interstate
Commerce Act (49 U.S.C. 10102 (19)) and shall not be
subject to the jurisdiction of the Interstate Commerce
Commission.
‘‘SEC. 203. 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 spent nuclear
fuel and high-level radioactive waste at the sites des-
ignated by the contract holders, in accordance with the
acceptance schedule, beginning not later than January 31,
1998, and transport such fuel or waste to mainline trans-
portation facilities. These actions shall include, but not be
limited to, the following:
‘‘(1) As soon as is practicable following enact-
ment of this Act, the Secretary shall update both the
Facilities Interface Capability Assessment (FICA)
and the Near Site Transportation Infrastructure
Study (NSTI) previously conducted by the Sec-
retary. In conducting such updates, the Secretary
shall analyze each specific reactor facility in the
order of priority established in the Acceptance
Schedule.
‘‘(2) Based on the data and analysis contained
in the updated FICA and NSTI, the Secretary shall
develop a logistical plan to assure the Secretary’s
ability to transport spent nuclear fuel and/or high-
level radioactive waste from the point of acceptance
at each contract holder’s sites to mainline transpor-
tation facilities. The logistical plan shall:
‘‘(A) Detail the Secretary’s plans for pro-
curing and deploying the fleet of multi-purpose
canister systems developed under section 205
and certified by the Commission, as well as any
other certified transport or storage cask sys-
tems, necessary to meet the Secretary’s obliga-
tions under this Act.
‘‘(B) Advise each contract holder of rec-
ommended modifications that should be made
to the contract holder’s sites, including the near
site transportation infrastructure, to facilitate
the Secretary’s ability to accept spent nuclear
fuel at such sites and transport it to mainline
transportation facilities, and enter into discus-
sions with such contract holder concerning the
implementation of such modifications. In devel-
oping such plan, and determining the desirabil-
ity of modifications to a particular contract
holder’s sites, including the near site transpor-
tation infrastructure, the Secretary shall bal-
ance the costs of the modifications to the indi-
vidual contract holder, against the economic
and logistical benefits of the modifications to
the integrated spent nuclear fuel management
system; and
‘‘(C) Detail the Secretary’s plans for en-
suring the availability to the Secretary of an
adequate number of appropriately designed rail
cars, legal weight tractors and trailers, and
truck casks, including heavy-haul vehicles, to
meet the Secretary’s obligations under this Act.
‘‘(b) TRANSPORTATION PLANNING.—In conjunction
with the development of the logistical plan in accordance
with subsection (a), the Secretary shall update and mod-
ify, as necessary, the Secretary’s transportation institu-
tional plans to ensure that institutional issues are ad-
dressed and resolved on a schedule to support the com-
mencement of transportation of spent nuclear fuel and
high-level radioactive waste to the interim storage facility
no later than January 31, 1998. Among other things, such
transportation institutional planning shall provide a
schedule and process for addressing and implementing, as
necessary, transportation routing plans; transportation
contracting plans; transportation training in accordance
with section 204; and transportation tracking programs.
‘‘(c) INITIAL PLANNING.—
‘‘(1) To ensure the Secretary’s ability to com-
mence spent nuclear fuel shipments to the interim
storage facility no later than January 31, 1998, the
Secretary shall, in taking actions required to ensure
transportation readiness in accordance with this sec-
tion, in determining routes for spent nuclear fuel
shipments, and in providing the technical assistance
required by section 204(c), focus first on those lim-
ited actions that will be required to support the first
shipping campaign.
‘‘(2) In conjunction with the transportation
planning under this section, and consistent with the
acceptance schedule, the Secretary shall discuss with
contract holders the desirability of defining a speci-
fied multi-year period for each shipping campaign
and establishing criteria under which the Secretary
could accept a contract holders’ cumulative alloca-
tion of spent nuclear fuel during the campaign pe-
riod at one time and thereby enhance the efficiency
and cost-effectiveness of the integrated spent nuclear
fuel management system.
‘‘SEC. 204. 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
notification of State and local governments prior to trans-
portation of spent nuclear fuel or high-level radioactive
waste under this Act.
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall
provide technical assistance and funds to States, for train-
ing for public safety officials of appropriate units of local
government, and to Indian tribes through whose jurisdic-
tion the Secretary plans to transport substantial amounts
of spent nuclear fuel or high-level radioactive waste under
this Act. Training shall cover procedures required for safe
routine transportation of these materials, as well as proce-
dures for dealing with emergency response situations. The
Secretary’s duty to provide technical and financial assist-
ance under this subsection shall be limited to amounts
specified in annual appropriations from the waste fund for
such purpose.
‘‘(d) USE OF PRIVATE CARRIERS.—The Secretary, in
providing for the transportation of spent nuclear fuel
under this Act, shall utilize by contract private industry
to the fullest extent possible in each aspect of such trans-
portation. The Secretary shall use direct Federal services
for such transportation only upon a determination by the
Secretary of Transportation, in consultation with the Sec-
retary, that private industry is unable or unwilling to pro-
vide such transportation services at a reasonable cost.
‘‘SEC. 205. MULTI-PURPOSE CANISTER SYSTEMS.
‘‘(a) DESIGN AND CERTIFICATION OF MULTI-PUR-
POSE CANISTER SYSTEMS.—
‘‘(1) The Secretary shall design one or more
multi-purpose canister systems. Not later than April
1, 1996, the Secretary shall submit to the Commis-
sion applications for certification of one or more
such multi-purpose canister systems under the exist-
ing provisions of 10 CFR part 71 and part 72, sub-
part K existing on the date of enactment of this Act.
‘‘(2) The Secretary shall solicit and consider
contract holder guidance through all phases of
multi-purpose canister system design to maximize, to
the extent practicable, compatibility between the
multi-purpose canister systems and contract holders’
spent nuclear fuel and facilities, as well as to maxi-
mize, to the extent practicable, the use of such
multi-purpose canister systems in the integrated
spent nuclear fuel management system.
‘‘(3) The Commission shall consider applica-
tions for certification of a multi-purpose canister
system for storage and transport in accordance with
the laws and regulations applicable to such applica-
tions, except that the Commission shall issue a final
decision granting or denying a requested certifi-
cation no later than 18 months from the date of the
submittal of such applications. In conjunction with
such decisions, the Commission shall review the
multi-purpose canister system and inform the Sec-
retary of its views regarding the use of such multi-
purpose canister system as a disposal package based
on the then current state of knowledge of the natu-
ral and engineered systems in the repository.
‘‘(b) PROCUREMENT OF MULTI-PURPOSE CANISTER
SYSTEMS.—Upon the certification of multi-purpose can-
ister systems by the Commission for both storage and
transportation, the Secretary shall procure such multi-
purpose canisters in quantities sufficient to comply with
subsection (c) of this section, except that the Secretary
is authorized to commence procurement of such multi-
purpose canisters prior to such certification if necessary
to meet the obligations imposed under this Act.
‘‘(c) DEPLOYMENT OF MULTI-PURPOSE CANISTER
SYSTEMS.—
‘‘(1) As soon as practicable following the Sec-
retary’s procurement of multi-purpose canister sys-
tems and the Commission’s certification of such
multi-purpose canister systems, but not later than
30 days prior to the date the interim storage facility
described in section 206 is required to begin oper-
ation, the Secretary shall commence deployment of
multi-purpose canister systems to contract holders at
the sites designated by the contract holders for the
purpose of commencing acceptance of spent nuclear
fuel. The multi-purpose canister systems shall be de-
ployed to contract holders in quantities and in the
priority sequence required by the acceptance sched-
ule.
‘‘(2) The Secretary shall take action to estab-
lish terms and conditions for deploying multi-pur-
pose canister systems to contract holders in advance
of their priority under the acceptance schedule. The
Secretary is authorized to collect a separate fee from
those contract holders who receive multi-purpose
canister systems in advance of their priority under
the acceptance schedule to compensate the waste
fund in an amount equal to the loss of interest on
those funds expended to pay for such multi-purpose
canister systems in advance of scheduled delivery
under the acceptance schedule.
‘‘(3) The multi-purpose canister systems shall
constitute an element of the integrated spent nuclear
fuel management system and shall be utilized by the
Secretary, to the maximum extent practicable, to im-
plement the integrated spent nuclear fuel manage-
ment system.
‘‘(4) The failure of the Secretary to comply
with this section, for any reason, shall not constitute
a basis for delay of any other components of the in-
tegrated spent nuclear fuel management system.
‘‘(5) The Secretary shall procure and commence
delivery of multi-purpose canister systems in accord-
ance with this section notwithstanding the pendency
of a proceeding for judicial review of the Commis-
sion’s certification actions relative to such multi-
purpose canister systems. No court shall have juris-
diction to enjoin the procurement or deployment of
a multi-purpose canister system prior to a final deci-
sion on review of the Commission’s certification ac-
tions.
‘‘(d) CONTINGENCY.—In the event the Secretary is
unable to comply with subsection (a), (b) or (c) of this
section due to licensing or procurement delays, or due to
site specific compatibility problems, and notwithstanding
the availability of an interim storage facility, the Secretary
shall procure and make available to contract holders such
other certified systems as are necessary to implement the
Secretary’s statutory and contractual obligations to accept
spent nuclear fuel beginning not later than January 31,
1998, and the Secretary’s obligations under this Act to
implement an integrated spent nuclear fuel management
system, until such time as multi-purpose canister systems
developed by the Secretary under this section are available
for deployment.
‘‘(e) COMPLIANCE WITH THE NATIONAL ENVIRON-
MENTAL POLICY ACT OF 1969.—
‘‘(1) No activity of the Secretary under this sec-
tion, including the design of multi-purpose canister
systems; preparation and submittal of applications
for Commission certification of such multi-purpose
canister systems for storage and transport; the pro-
curement and deployment of multi-purpose canister
systems; and the procurement and deployment of
other certified systems shall be considered a major
Federal action significantly affecting the quality of
the human environment for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.). No such activity shall require the prepara-
tion of an environmental impact statement under
section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)), or re-
quire any environmental review under subparagraph
(E) or (F) of section 102(2) of such Act.
‘‘(2) In connection with any application to the
Commission for certification of a multi-purpose can-
ister system for storage and transport, the Secretary
shall comply with the Commission regulations, in-
cluding the submittal of any required environmental
documentation, in the same manner as a private ap-
plicant.
‘‘(3)(A) In connection with its actions in cer-
tifying a multi-purpose canister system for storage
and transportation, the Commission shall comply
with the requirements of the National Environ-
mental Policy Act of 1969 as imposed in its regula-
tions existing on the date of enactment of this Act.
‘‘(B) Any Environmental Assessment prepared
by the Commission in connection with its certifi-
cation action shall not consider—
‘‘(i) any alternatives to the use of multi-
purpose canister systems in the Integrated
Waste Management System;
‘‘(ii) any alternatives to the design criteria
for such multi-purpose canister system or any
individual component thereof, as specified by
the Secretary in the license application;
‘‘(iii) the environmental impacts of the
storage of spent nuclear fuel in such multi-pur-
pose canister system at a reactor site or at the
interim storage facility beyond the initial term
of the multi-purpose canister system certifi-
cation for storage or the term of the renewal
period for which application is made; or
‘‘(iv) the environmental impacts of the dis-
posal of spent nuclear fuel in such multi-pur-
pose canister system at the repository.
‘‘(C) The Commission’s certification of a multi-
purpose canister system shall not require prepara-
tion of an Environmental Impact Statement under
the National Environmental Policy Act of 1969.
‘‘SEC. 206. INTERIM STORAGE.
‘‘(a) AUTHORIZATION AND LOCATION.—
‘‘(1) The Secretary shall design, construct, and
operate a facility for the interim storage of spent
nuclear fuel. The interim storage facility shall be li-
censed by the Commission in accordance with its
regulations governing the licensing of independent
spent fuel storage installations, as modified in ac-
cordance with this section, and shall commence oper-
ation by January 31, 1998. The interim storage fa-
cility shall be located at the interim storage facility
site, unless an alternative site is designated in ac-
cordance with paragraph (2).
‘‘(2)(A) No later than 60 days from the date of
enactment of this Act, any unit of local government
in Nevada willing to host an interim storage facility,
and/or a facility for the transportation and handling
of spent nuclear fuel, at a technically qualified site
within its jurisdiction shall submit written notice to
the Secretary. Such written notice shall contain—
‘‘(i) a description of the facilities that the
affected unit of local government is interested
in hosting;
‘‘(ii) a description of the boundaries of the
site and its proximity to any components of the
national transportation system;
‘‘(iii) an analysis of the unit of local gov-
ernment’s legal authority to dedicate the site
for the exclusive use of the Secretary for the
necessary period of time; and
‘‘(iv) proposed terms and conditions for in-
clusion in a benefits agreement to be executed
with the Secretary in accordance with this sub-
section.
‘‘(B) Upon receiving such notification, the Sec-
retary shall evaluate the proposed site to determine
whether—
‘‘(i) the proposed site is technically quali-
fied for location of an interim storage facility or
the proposed facilities for the transportation
and handling of spent nuclear fuel;
‘‘(ii) the proposed site can be dedicated, in
accordance with applicable law, for the exclusive
use of an interim storage facility and/or facili-
ties for the transportation and handling of
spent nuclear fuel; and
‘‘(iii) location of an interim storage facility
and/or facilities for the transportation and han-
dling of spent nuclear fuel at such site would be
beneficial to the integrated spent nuclear fuel
management system considering, among other
things, its proximity to the national transpor-
tation infrastructure and the local support for
the facility or facilities.
‘‘(C) Within 60 days of the receipt of the notifi-
cation under subparagraph (A), the Secretary shall
determine, on the basis of the evaluation, whether
the interim storage facility or facilities for the trans-
portation and handling of spent nuclear fuel should
be located at the proposed site. In the event that the
Secretary determines that the interim storage facil-
ity or facilities for the transportation and handling
of spent nuclear fuel should be located at the pro-
posed site, the Secretary shall—
‘‘(i) no later than 6 months from the date
of enactment of this Act, file a license applica-
tion and supporting documentation for author-
ity to construct and operate an interim storage
facility at such site in accordance with the re-
quirements of this section and/or shall seek
such other authorization as is necessary to con-
struct and operate facilities for the transpor-
tation and handling of spent nuclear fuel at
such site; and
‘‘(ii) enter into a benefits agreement with
the unit of local government.
‘‘(b) CAPACITY.—The interim storage facility shall be
designed to provide sufficient capacity to store spent nu-
clear fuel from civilian nuclear power plants until the Sec-
retary is able to transfer the spent fuel to the repository
in accordance with the schedule set forth in the program
approach provided, however, that in no event shall the de-
sign capacity of the interim storage facility be less than
40,000 MTU and provided further that the capacity of
such facility shall be expandable if the receipt of spent
nuclear fuel or high-level radioactive waste at the reposi-
tory is delayed beyond 2010.
‘‘(c) DESIGN.—The interim storage facility shall sat-
isfy the following design criteria:
‘‘(1) The design shall be expandable so that ad-
ditional storage capacity can be added as necessary.
‘‘(2) To the extent practicable, the design shall
be based on the use of multi-purpose canister sys-
tems developed under section 205 and certified by
the Commission for the storage and transportation
of spent nuclear fuel.
‘‘(3) Consistent with the design objective speci-
fied in paragraph (2), the design shall provide for
the use of such other storage technologies as are li-
censed or certified by the Commission for use at the
interim storage facility as necessary to ensure com-
patibility between the interim storage facility and
contract holders’ spent nuclear fuel and facilities,
and to facilitate the Secretary’s ability to meet the
Secretary’s obligations under this Act.
‘‘(d) LICENSING.—
‘‘(1) No later than 6 months from the date of
enactment of this Act, the Secretary shall submit to
the Commission an application for a license for the
interim storage facility pursuant to the Commis-
sion’s regulations governing the licensing of inde-
pendent spent fuel storage installations. Such license
application shall be accompanied by a Safety Analy-
sis Report and an Environmental Report, as re-
quired by such regulations.
‘‘(2) No later than 3 months from the date of
enactment of this Act, the Commission shall amend
its regulations governing the licensing of independ-
ent spent fuel storage installations as necessary and
appropriate to carry out the purposes of this section.
Such amendments shall incorporate the following
provisions—
‘‘(A) the license shall be issued in phases
as necessary to support the commencement of
operations at the interim storage facility as
soon as practicable, but no later than January
31, 1998;
‘‘(B) the license shall authorize a storage
capacity of no less than 40,000 MTU provided,
however, that the Commission may license an
initial storage capacity of less than 40,000
MTU in accordance with subparagraph (A) to
permit the commencement of operations no
later than January 31, 1998; and
(C) the license shall be issued for an initial
term of up to 100 years, and shall be renewable
for additional terms upon application of the
Secretary.
‘‘(3) The Commission shall consider the Sec-
retary’s license application in accordance with the
provisions of this Act and the Commission’s regula-
tions governing the licensing of independent spent
fuel storage installations, as amended in accordance
with this Act, except that the Commission shall issue
a final decision granting or denying the license no
later than 18 months from the date of the submittal
of the license application.
‘‘(e) ADDITIONAL AUTHORITY.—
‘‘(1) The Secretary is authorized to commence
construction of the interim storage facility subse-
quent to submittal of the license application pro-
vided, however, that the Commission shall issue an
order suspending such construction at any time if
the Commission determines that such construction
poses an unreasonable risk to public health and safe-
ty or the environment. The Commission shall termi-
nate all or part of such order upon a determination
that the Secretary has taken appropriate action to
eliminate such risk.
‘‘(2) For a temporary period beginning with is-
suance of the license for the interim storage facility,
the Commission shall authorize the Secretary, at the
Secretary’s request, to utilize any facility owned by
the Federal Government on the date of enactment of
this Act and within the boundaries of the interim
storage facility site, whether or not such facility is
licensed by the Commission, in connection with the
storage, transportation, and handling of spent nu-
clear fuel at the interim storage facility provided
that the Commission establishes reasonable terms
and conditions for use of such facility in the license
for the interim storage facility and provided further
that the Commission oversees the use of such facility
to assure that such use does not pose an unreason-
able risk to public health and safety and the environ-
ment.
‘‘(f) NATIONAL ENVIRONMENTAL POLICY ACT OF
1969.—
‘‘(1) The Secretary shall comply with any envi-
ronmental requirements imposed by Commission reg-
ulations applicable to the licensing of independent
spent fuel storage installations, including the re-
quired submission of environmental reports, in like
manner as a private applicant. No activity of the
Secretary under this section, including the selection
of a site for the interim storage facility, the prepara-
tion and submittal of a license application for such
facility, and the construction and operation of such
facility shall be considered a major Federal action
significantly affecting the quality of the human envi-
ronment for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). No
such activity shall require the preparation of an en-
vironmental 
impact 
statement 
under 
section
102(2)(C) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332(2)(C)) or require any envi-
ronmental review under subparagraph (E) or (F) of
such Act.
‘‘(2)(A) Any licensing action by the Commission
under this section shall be accompanied by an Envi-
ronmental Impact Statement prepared under section
102(2)(C) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332(2)(C)). In preparing such
Environmental Impact Statement, the Commis-
sion—
‘‘(i) shall assume that 100,000 MTU will
be stored at the facility; and
‘‘(ii) shall analyze the impacts of the trans-
portation of spent nuclear fuel to the interim
storage facility in a generic manner.
‘‘(B) Such Environmental Impact Statement
shall not consider—
‘‘(i) the need for the interim storage facil-
ity, including any individual component thereof;
‘‘(ii) the time of the initial availability of
the interim storage facility;
‘‘(iii) any alternatives to the storage of
spent nuclear fuel at the interim storage facil-
ity;
‘‘(iv) any alternatives to the site of the fa-
cility as designated by the Secretary in accord-
ance with subsection (a);
‘‘(v) any alternatives to the design criteria
for such facility or any individual component
thereof, as specified by the Secretary in the li-
cense application; or
‘‘(vi) the environmental impacts of the
storage of spent nuclear fuel at the interim
storage facility beyond the initial term of the li-
cense or the term of the renewal period for
which a license renewal application is made.
‘‘(g) STORAGE
OF SPENT NUCLEAR FUEL.—The
Secretary shall begin storing spent nuclear fuel at the in-
terim storage facility at the earliest practicable date, but
no later than January 31, 1998. Subject to the budget
priorities established in section 401, all actions by the Sec-
retary, the Commission, the Secretary of the Interior, or
any Federal agency or officer with respect to consideration
of applications or requests for the issuance or grant of
any authorization related to the interim storage facility,
including the certification of multi-purpose canister sys-
tems, shall be expedited, and any such application or re-
quest shall take precedence over any other activity not re-
lated to the interim storage facility.
‘‘(h) JUDICIAL REVIEW.—
‘‘(1) The Secretary’s actions under this section,
including to the Secretary’s siting and design of the
interim storage facility, application for a facility li-
cense, issuance of a Safety Analysis Report and En-
vironmental Report, and construction of the facility,
shall not be subject to judicial review under any law.
‘‘(2) Judicial review of the Commission’s Envi-
ronmental Impact Statement shall be consolidated
with judicial review of the Commission’s licensing
decision.
‘‘(3) No court shall have jurisdiction to enjoin
the construction or operation of the interim storage
facility prior to its final decision on review of the
Commission’s licensing action.
‘‘(i) WASTE CONFIDENCE.—The Secretary’s obliga-
tion to construct and operate the interim storage facility
in accordance with this section and the Secretary’s obliga-
tion to develop an integrated spent nuclear fuel manage-
ment system in accordance with the provisions of this Act,
shall provide sufficient and independent grounds for any
further findings by the Commission of reasonable assur-
ance that spent nuclear fuel and high-level radioactive
waste will be disposed of safely for purposes of the Com-
mission’s decision to grant or amend any license to operate
any civilian nuclear power reactor under the Atomic En-
ergy Act of 1954 (42 U.S.C. 2011 et seq.).
‘‘(j) STORAGE OF MATERIAL OTHER THAN COMMER-
CIAL SPENT NUCLEAR FUEL.—
‘‘(1) Nothing contained in this section shall
prohibit—
‘‘(A) the Commission from establishing cri-
teria for the issuance of an amendment to the
interim storage facility license authorizing stor-
age of high-level radioactive waste or spent nu-
clear fuel from atomic energy defense activities
in the interim storage facility; and
‘‘(B) the Secretary from seeking a license
amendment to allow for the storage of high-
level radioactive waste or spent nuclear fuel
from atomic energy defense activities at the in-
terim storage facility.
‘‘(2) The acceptance at the interim storage fa-
cility of high-level radioactive waste or spent nuclear
fuel resulting from atomic energy defense activities
shall not affect the acceptance of spent nuclear fuel
in accordance with the acceptance schedule.
‘‘SEC. 207. PERMANENT DISPOSAL.
‘‘(a) SITE CHARACTERIZATION.—
‘‘(1) The guidelines promulgated by the Sec-
retary and published at 10 CFR part 960 are an-
nulled and revoked and the Secretary shall make no
assumptions or conclusions about the licenseability
of the Yucca Mountain site as a repository by ref-
erence to such guidelines.
‘‘(2) The Secretary shall carry out appropriate
site characterization activities at the Yucca Moun-
tain site in accordance with the Secretary’s program
approach to site characterization provided that the
Secretary modifies or eliminates those site character-
ization activities designed to demonstrate the suit-
ability of the site under the guidelines referenced in
paragraph (1).
‘‘(3) No later than December 31, 2001, the
Secretary shall apply to the Commission for author-
ization to construct the repository and shall comply
with the provisions of section 208(b)(4). If, at any
time prior to the filing of such application, the Sec-
retary determines that the Yucca Mountain site can-
not satisfy the Commission’s regulations applicable
to the licensing of a geologic repository, the Sec-
retary shall terminate site characterization activities
at the site, notify Congress and the State of Nevada
of the Secretary’s determination and the reasons
therefor, and recommend to Congress not later than
6 months after such determination further actions,
including the enactment of legislation, that may be
needed to manage the nation’s high-level radioactive
waste and spent nuclear fuel.
‘‘(4) In developing an application for authoriza-
tion to construct the repository, the Secretary shall
seek to maximize the capacity of the repository.
‘‘(b) LICENSING.—Within one year of the date of en-
actment of this Act, the Commission shall amend its regu-
lations governing the disposal of spent nuclear fuel and
high-level radioactive waste in geologic repositories as may
be necessary to reflect the program approach and the pro-
visions of this Act, including the licensing provisions set
forth in this section. Any provision of such regulations in
effect on the date of enactment of this Act that is incon-
sistent with the provisions of this Act is annuled and re-
voked. Subject to subsection (c), such regulations shall
provide for the licensing of the repository according to the
following procedures—
‘‘(1) 
CONSTRUCTION
AUTHORIZATION.—The
Commission shall grant the Secretary a construction
authorization for the repository upon determining
that there is reasonable assurance that high-level ra-
dioactive waste and spent nuclear fuel can be dis-
posed of in the repository—
‘‘(A) in conformity with the Secretary’s ap-
plication, the provisions of this Act, and the
regulations of the Commission;
‘‘(B) without unreasonable risk to the
health and safety of the public;
‘‘(C) consistent with the common defense
and security.
‘‘(2) LICENSE.—Following substantial comple-
tion of construction and the filing of any additional
information needed to complete the license applica-
tion, the Commission shall issue a license to dispose
of high-level radioactive waste and spent nuclear fuel
in the repository if the Commission determines that
the repository has been constructed and will oper-
ate—
‘‘(A) in conformity with the Secretary’s ap-
plication, the provisions of this Act, and the
regulations of the Commission;
‘‘(B) without unreasonable risk to the
health and safety of the public;
‘‘(C) consistent with the common defense
and security.
‘‘(3) CLOSURE.—After emplacing high-level ra-
dioactive waste and spent nuclear fuel in the reposi-
tory and collecting sufficient confirmatory data on
repository performance to reasonably confirm the
basis for repository closure consistent with the Com-
mission’s regulations applicable to the licensing of a
repository, as modified in accordance with this Act,
the Secretary shall apply to the Commission to
amend the license to permit permanent closure of
the repository. The Commission shall grant such li-
cense amendment upon finding that there is reason-
able assurance that the repository can be perma-
nently closed—
‘‘(A) in conformity with the Secretary’s ap-
plication to amend the license, the provisions of
this Act, and the regulations of the Commis-
sion;
‘‘(B) without unreasonable risk to the
health and safety of the public; and
‘‘(C) consistent with the common defense
and security.
‘‘(4) POST-CLOSURE.—The Secretary shall take
those actions necessary and appropriate at the
Yucca Mountain site to prevent any activity at the
site subsequent to repository closure that poses an
unreasonable risk of—
‘‘(A) breaching the repository’s engineered
or geologic barriers: or
‘‘(B) increasing the exposure of individual
members of the public to radiation beyond the
release standard established in subsection
(d)(1).
‘‘(c) MODIFICATION
OF
REPOSITORY
LICENSING
PROCEDURE.—The Commission’s regulations shall pro-
vide for the modification of the repository licensing proce-
dure, as appropriate, in the event that the Secretary seeks
a license to permit the emplacement in the repository, on
a retrievable basis, of only that quantity of spent nuclear
fuel or high-level radioactive waste that is necessary to
provide the Secretary with sufficient confirmatory data on
repository performance to reasonably confirm the basis for
repository closure consistent with applicable regulations.
‘‘(d) LICENSING STANDARDS.—Notwithstanding any
other provision of law, the Administrator of the Environ-
mental Protection Agency shall not promulgate, by rule
or otherwise, standards for protection of the public from
releases of radioactive materials or radioactivity from the
repository and any such standards existing on the date
of enactment of this Act shall not be incorporated in the
Commission’s licensing regulations. The Commission’s re-
pository licensing determinations shall be based solely on
a finding whether the repository can be operated in con-
formance with the overall system performance standard
established in paragraph (1)(A), applied in accordance
with the provisions of paragraph (1)(B). The Commission
shall amend its regulations in accordance with subsection
(b) to incorporate the following licensing standards:
‘‘(1) RELEASE STANDARD.—
‘‘(A) ESTABLISHMENT OF OVERALL SYS-
TEM PERFORMANCE STANDARD.—In accordance
with the provisions of subparagraph (B), the
Commission shall find that the repository will
not constitute an unreasonable risk to the
health and safety of the public if there is rea-
sonable assurance that the amount of radio-
active materials and radioactivity released from
the site (excluding background radiation and
other radiation arising from the natural geologi-
cal characteristics of the site) shall not result in
an annual dose to an average member of the
general population in the vicinity of the site in
excess of one-third of the annual dose received
from natural background sources by an average
member of the general population in the United
States. Such release standard shall constitute
an overall system performance standard.
‘‘(B) APPLICATION OF OVERALL SYSTEM
PERFORMANCE
STANDARD.—The Commission
shall issue the license if it finds reasonable as-
surance that—
‘‘(i) for the first 1,000 years following
the commencement of repository oper-
ations, the overall system performance
standard will be met based on a deter-
ministic evaluation of the overall perform-
ance of the disposal system; and
‘‘(ii) for the period commencing after
the first 1,000 years of operation of the re-
pository and terminating at 10,000 years
after the commencement of operation of
the repository, there is likely to be compli-
ance with the overall system performance
standard based on regulatory insight
gained through the use of a probabilistic
integrated performance model that uses
best estimate assumptions, data, and
methods.
‘‘(2) HUMAN
INTRUSION.—The Commission
shall assume that, following repository closure, the
inclusion of engineered barriers and the Secretary’s
post-closure actions at the Yucca Mountain site, in
accordance with subsection (b)(3), shall be sufficient
to —
‘‘(A) prevent any activity at the site that
poses an unreasonable risk of breaching the re-
pository’s engineered or geologic barriers; and
‘‘(B) prevent any increase in the exposure
of individual members of the public to radiation
beyond allowable limits as specified in this sec-
tion.
‘‘(e) NATIONAL ENVIRONMENTAL POLICY ACT.—
‘‘(1) Construction and operation of the reposi-
tory shall be considered a major Federal action sig-
nificantly affecting the quality of the human envi-
ronment for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). The
Secretary shall submit an environmental impact
statement on the construction and operation of the
repository to the Commission with the license appli-
cation.
‘‘(2) For purposes of complying with the re-
quirements of the National Environmental Policy
Act of 1969 and this section, the Secretary shall not
consider in the environmental impact statement the
need for the repository, alternative sites or designs
for the repository, the time of the initial availability
of the repository, or any alternatives to the isolation
of high-level radioactive waste and spent nuclear fuel
in a repository.
‘‘(3) The Secretary’s environmental impact
statement and any supplements thereto shall, to the
extent practicable, be adopted by the Commission in
connection with the issuance by the Commission of
a construction authorization under subsection (b)(1),
a license under subsection (b)(2), or a license
amendment under subsection (b)(3). To the extent
such statement or supplement is adopted by the
Commission, such adoption shall be deemed to also
satisfy the responsibilities of the Commission under
the National Environmental Policy Act of 1969, and
no further consideration shall be required, except
that nothing in this subsection shall affect any inde-
pendent responsibilities of the Commission to protect
the public health and safety under the Atomic En-
ergy Act of 1954. In any such statement prepared
with respect to the repository, the Commission shall
not consider the need for a repository, the time of
initial availability of the repository, alternate sites to
the Yucca Mountain site, or nongeologic alternatives
to such site.
‘‘(f) JUDICIAL REVIEW.—No court shall have juris-
diction to enjoin issuance of the Commission repository
licensing regulations prior to its final decision on review
of such regulations.
‘‘SEC. 208. LAND WITHDRAWAL.
‘‘(a) WITHDRAWAL AND RESERVATION.—
‘‘(1) Subject to valid existing rights, the interim
storage facility site and the Yucca Mountain site, as
described in subsection (b), are withdrawn from all
forms of entry, appropriation, and disposal under
the public land laws, including without limitation the
mineral leasing laws, the geothermal leasing laws,
the material sale laws, and the mining laws.
‘‘(2) Jurisdiction of any land within the interim
storage facility site and the Yucca Mountain site
managed by the Secretary of the Interior, the Sec-
retary of Defense, or any other Federal officer is
transferred to the Secretary.
‘‘(3) The interim storage facility site and the
Yucca Mountain site are reserved for the use of the
Secretary for the construction and operation, respec-
tively, of the interim storage facility and the reposi-
tory and activities associated with the purposes of
this title.
‘‘(b) LAND DESCRIPTION.—
‘‘(1) The boundaries depicted on the map enti-
tled ‘Interim Storage Facility Site Withdrawal Map,’
dated lll, and on file with the Secretary, are es-
tablished as the boundaries of the Interim Storage
Facility site.
‘‘(2) The boundaries depicted on the map enti-
tled ‘Yucca Mountain Site Withdrawal Map,’ dated
lll, and on file with the Secretary, are estab-
lished as the boundaries of the Yucca Mountain site.
‘‘(3) Within 6 months of the date of the enact-
ment of this Act, the Secretary shall—
‘‘(A) publish in the Federal Register a no-
tice containing a legal description of the interim
storage facility site; and
‘‘(B) file copies of the maps described in
paragraph (1), and the legal description of the
interim storage facility site with the Congress,
the Secretary of the Interior, the Governor of
Nevada, and the Archivist of the United States.
‘‘(4) Concurrent with the Secretary’s applica-
tion to the Commission for authority to construct
the repository, the Secretary shall—
‘‘(A) publish in the Federal Register a no-
tice containing a legal description of the Yucca
Mountain site; and
‘‘(B) file copies of the maps described in
paragraph (2), and the legal description of the
Yucca Mountain site with the Congress, the
Secretary of the Interior, the Governor of Ne-
vada, and the Archivist of the United States.
‘‘(5) The maps and legal descriptions of the in-
terim storage facility site and the Yucca Mountain
site referred to in this subsection shall have the
same force and effect as if they were included in this
Act. The Secretary may correct clerical and typo-
graphical errors in the maps and legal descriptions
and make minor adjustments in the boundaries of
the sites.
‘‘SEC. 209. PRIVATE STORAGE FACILITIES
‘‘(a) COMMISSION ACTION.—Upon application by one
or more private entities for a license for an independent
spent fuel storage installation not located at the site of
a power reactor, the Commission shall review such license
applications and issue a license for one or more such facili-
ties at the earliest practicable date, to the extent permitted
by the applicable provisions of law and regulation. Any
Environmental Impact Statement prepared by the Com-
mission under section 102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C 4332(2)(C)) in con-
junction with any such licensing proceeding shall not con-
sider—
‘‘(1) the need for the private storage facility, in-
cluding any individual component thereof;
‘‘(2) any alternatives to the site of the private
storage facility selected by the applicant;
‘‘(3) any alternatives to the design criteria for
such facility or any individual component thereof in
the license application;
‘‘(4) the environmental impacts of storage of
spent nuclear fuel at the facility beyond the term of
the license or the term of the renewal period for
which application is made; or
‘‘(5) the status of implementation of the Inte-
grated Spent Nuclear Fuel Management System.
‘‘(b) SECRETARY’S ACTIONS.—The Secretary shall
encourage efforts to develop private facilities for the stor-
age of spent fuel by providing any requested information
and assistance, as appropriate, to the developers of such
facilities and to state and local governments and Indian
Tribes within whose jurisdictions such facilities may be lo-
cated, and shall cooperate with the developers of such fa-
cilities to facilitate compatibility between such facilities
and the integrated spent nuclear fuel management system.
‘‘(c) OBLIGATION.—The Secretary shall satisfy the
Secretary’s obligations under this Act notwithstanding the
development of private facilities for the storage of spent
nuclear fuel.
‘‘TITLE III—STATE RELATIONS
‘‘SEC. 301. STATE CONSULTATION AND ASSISTANCE.
‘‘(a) PROVISION OF INFORMATION.—
‘‘(1) The Secretary, the Commission, and other
agencies involved in the construction, operation, or
regulation of any aspect of the interim storage facil-
ity, repository, or transportation facilities shall pro-
vide to the Governor and legislature of Nevada time-
ly and complete information regarding determina-
tions or plans made with respect to the site charac-
terization, siting, development, design, licensing,
construction, operation, regulation, or decommission-
ing of the interim storage facility, repository, or
transportation facilities.
‘‘(2) Upon written request for information by
the Governor or legislature, the Secretary shall pro-
vide a written response to such request within 30
days of the receipt of such request. Such response
shall provide the information requested or, in the al-
ternative, the reasons why the information cannot be
so provided.
‘‘(b) CONSULTATION AND COOPERATION.—In per-
forming any study of the Yucca Mountain site for the pur-
pose of determining whether the site can satisfy the Com-
mission’s regulations governing the licensing of a reposi-
tory, in developing and operating the interim storage facil-
ity, in developing and loading the repository, and in devel-
oping transportation facilities, the Secretary shall consult
and cooperate with the Governor and legislature of Nevada
in an effort to resolve the concerns of the State regarding
the public health and safety, environmental, and economic
impacts of the interim storage facility or repository. In
carrying out the Secretary’s duties under this title, the
Secretary shall consider such concerns to the maximum
extent feasible.
‘‘(c) FINANCIAL ASSISTANCE.—
‘‘(1)(A) The Secretary shall make grants to the
State of Nevada and any affected unit of local gov-
ernment for purpose of participating in activities re-
quired by this section. Any salary or travel expense
that would ordinarily be incurred by such State or
affected unit of local government, may not be con-
sidered eligible for funding under this paragraph.
‘‘(B) The Secretary shall make grants to the
State of Nevada and any affected unit of local gov-
ernment under subparagraph (A) for purposes of en-
abling the State or affected unit of local govern-
ment—
‘‘(i) to review activities taken under this
title with respect to the Yucca Mountain site
for purposes of determining any potential eco-
nomic, social, public health and safety, and en-
vironmental impacts of the interim storage fa-
cility or repository on the State or affected unit
of local government and its residents;
‘‘(ii) to develop a request for impact assist-
ance under paragraph (2);
‘‘(iii) to engage in any reasonable monitor-
ing, testing, or evaluation activities with respect
to site characterization programs with regard to
such site;
‘‘(iv) to provide information to Nevada
residents regarding any activities of such state,
the Secretary, or the Commission with respect
to such site; and
‘‘(v) to request information from, and
make comments and recommendations to, the
‘‘(5) Financial assistance authorized in this
subsection shall be made out of amounts held in the
waste fund. Amounts appropriated for the purposes
of such financial assistance shall be provided to the
State of Nevada and any affected unit of local gov-
ernment at the discretion of the Secretary, and may
be withheld in whole or part by the Secretary upon
a determination by the Secretary that such State or
affected unit of local government is not abiding by
the requirements of this section or is taking action
for the purpose of delaying, obstructing, or otherwise
interfering with the Secretary’s ability to construct
and operate any component of the integrated spent
nuclear fuel management system.
‘‘TITLE IV—FUNDING AND
ORGANIZATION
‘‘SEC. 401. BUDGET PRIORITIES.
‘‘(a) THE SECRETARY.—For purposes of preparing
annual requests for appropriations from the Waste Fund
and allocating appropriated funds among competing re-
quirements, the Secretary shall accord—
‘‘(1) the development and deployment of multi-
purpose canister systems under section 205, and the
licensing, construction, and operation of the interim
storage facility under section 206 the highest prior-
ity;
‘‘(2) the acquisition of rights of way and the
construction and operation of the railroad under sec-
tion 202 the next highest priority; and
‘‘(3) the licensing, construction, and operation
of the repository under section 207 the next highest
priority.
‘‘(b) THE COMMISSION.—For purposes of preparing
annual requests for appropriations from the waste fund
and allocating appropriated funds among competing re-
quirements, the Commission shall accord—
‘‘(1) the certification of multi-purpose canister
systems under section 205 and the licensing of an
interim storage facility under section 206 the high-
est priority;
‘‘(2) the licensing of the repository under sec-
tion 207 the next highest priority.
‘‘SEC. 402. ENVIRONMENTAL REQUIREMENTS.
‘‘Notwithstanding any other law or regulation, the
obligations of the Secretary and the Commission pursuant
to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et. seq.) in connection with the siting, design,
licensing, construction or operation of any component of
the integrated spent nuclear fuel management system are
as set forth specifically in this Act and no further actions
other than those specified are required to meet the Sec-
retary’s or the Commission’s obligations under such Act.
‘‘SEC. 403. NUCLEAR WASTE FUND.
‘‘(a) CONTRACTS.—
‘‘(1) In the performance of the Secretary’s
functions under this Act, the Secretary is authorized
to enter into contracts with any person who gen-
erates or holds title to high level radioactive waste,
or spent nuclear fuel, of domestic origin for the ac-
ceptance of title, subsequent transportation, and dis-
posal of such waste or spent fuel. Such contracts
shall provide for payment to the Secretary of fees
pursuant to paragraphs (2) and (3) sufficient to off-
set expenditures described in subsection (d).
‘‘(2) For electricity generated by a civilian nu-
clear power reactor and sold on or after the date 90
days after January 7, 1983, the fee under para-
graph (1) shall be equal to 1.0 mill per kilowatt-
hour.
‘‘(3) For spent nuclear fuel, or solidified high-
level radioactive waste derived from spent nuclear
fuel, which fuel was used to generate electricity in
a civilian nuclear power reactor prior to the applica-
tion of the fee under paragraph (2) to such reactor,
the Secretary shall, not later than 90 days after
January 7, 1983, establish a 1 time fee per kilogram
of heavy metal in spent nuclear fuel, or in solidified
high-level radioactive waste. Such fee shall be in an
amount equivalent to an average charge of 1.0 mill
per kilowatt-hour for electricity generated by such
spent nuclear fuel, or such solidified high level radio-
active waste derived therefrom, to be collected from
any person delivering such spent nuclear fuel or
high-level waste, pursuant to the acceptance sched-
ule or section 503, to the Federal government. Such
fee shall be paid to the Treasury of the United
States and shall be deposited in the separate fund
established by subsection (c). In paying such a fee,
the person delivering spent fuel, or solidified high-
level radioactive wastes derived therefrom, to the
Federal government shall have no further financial
obligation to the Federal government for the long-
term storage and permanent disposal of such spent
fuel, or the solidified high-level radioactive waste de-
rived therefrom.
‘‘(4) Not later than 180 days after January 7,
1983, the Secretary shall establish procedures for
the collection and payment of the fees established
by paragraphs (2) and (3). The Secretary shall an-
nually review the amount of the fees established by
paragraphs (2) and (3) to evaluate whether collec-
tion of the fee will provide sufficient revenues to off-
set the costs as defined in subsection (d). In the
event the Secretary determines that either insuffi-
cient or excess revenues are being collected, in order
to recover the costs incurred by the Federal govern-
ment that are specified in subsection (d), the Sec-
retary shall propose an adjustment to the fee to en-
sure full cost recovery. The Secretary shall imme-
diately transmit this proposal for such an adjust-
ment to Congress. No proposed fee adjustment
under this section shall have legal effect unless en-
acted into Federal law.
‘‘(5) The Secretary shall, by rule, amend the
contracts to incorporate criteria setting forth the
terms and conditions under which the Secretary
shall meet its obligations under this Act.
‘‘(b) ADVANCE CONTRACTING REQUIREMENT.—
‘‘(1)(A) The Commission shall not issue or
renew a license to any person to use a utilization or
production facility under the authority of section
103 or 104 of the Atomic Energy Act of 1954 (42
U.S.C. 2133, 2134) unless—
‘‘(i) such person has entered into a con-
tract with the Secretary under this section; or
‘‘(ii) the Secretary affirms in writing that
such person is actively and in good faith nego-
tiating with the Secretary for a contract under
this section.
‘‘(B) The Commission, as it deems necessary or
appropriate, may require as a precondition to the is-
suance or renewal of a license under section 103 or
104 of the Atomic Energy Act of 1954 (42 U.S.C.
2133, 2134) that the applicant for such license shall
have entered into an agreement with the Secretary
for the disposal of high-level radioactive waste and
spent nuclear fuel that may result from the use of
such license.
‘‘(2) Except as provided in paragraph (1), no
spent nuclear fuel or high-level radioactive waste
generated or owned by any person (other than a de-
partment of the United States referred to in section
101 or 102 of title 5, United States Code) may be
disposed of by the Secretary in any repository con-
structed under this Act unless the generator or
owner of such spent fuel or waste has entered into
a contract with the Secretary under this section by
not later than—
‘‘(A) June 30, 1983; or
‘‘(B) the date on which such generator or
owner commences generation of, or takes title
to, such spent fuel or waste; whichever occurs
later.
‘‘(3) The rights and duties of a party to a con-
tract entered into under this section may be assign-
able with transfer of title to the spent nuclear fuel
or high-level radioactive waste involved.
‘‘(4) No high-level radioactive waste or spent
nuclear fuel generated or owned by any department
of the United States referred to in section 101 or
102 of title 5, United States Code, may be stored or
disposed of by the Secretary in the integrated spent
nuclear fuel management system developed under
this Act unless such department transfers to the
Secretary, for deposit in the nuclear waste fund, its
appropriate portion of the costs of such storage and
disposal as determined by the Secretary under sec-
tion 405.
‘‘(c) ESTABLISHMENT OF NUCLEAR WASTE FUND.—
There is established in the Treasury of the United States
a separate fund, to be known as the Nuclear Waste Fund.
The Waste Fund shall consist of—
‘‘(1) all receipts, proceeds, and recoveries real-
ized by the Secretary under subsections (a), (b), and
(f), which shall be deposited in the Waste Fund im-
mediately upon their realization; and
‘‘(2) any appropriations made by the Congress
to the Waste Fund.
‘‘(d) USE OF WASTE FUND.—The Secretary may
make expenditures from the Waste Fund, subject to sub-
section (f), only for purposes of radioactive waste manage-
ment activities under this Act, including—
‘‘(1) the identification, development, licensing,
construction, operation, decommissioning, and post
decommissioning maintenance and monitoring of the
interim storage facility or repository constructed
under this Act;
‘‘(2) the conducting of nongeneric research, de-
velopment, and demonstration activities under this
Act;
‘‘(3) the administrative cost of the radioactive
waste disposal program;
‘‘(4) any costs that may be incurred by the Sec-
retary in connection with development and imple-
mentation of the integrated spent nuclear fuel man-
agement system, including the transportation, treat-
ing, or packaging of spent nuclear fuel or high-level
radioactive waste to be disposed of in the repository
or to be stored in the interim storage facility, the
cost of designing, licensing, fabricating, procuring,
and deploying multi-purpose canister systems, the
cost of constructing, maintaining, modifying and op-
erating transportation and transportation related
systems;
‘‘(5) the costs associated with acquisition, de-
sign, modification, replacement, operation, and con-
struction of facilities at the repository or interim
storage facility and necessary or incident to such re-
pository or interim storage facility;
‘‘(6) the costs associated with the provision of
assistance and benefits to the State of Nevada, and
affected units of local government in accordance
with this Act;
‘‘(7) the costs associated with the execution and
implementation of service contracts with private
storage facilities for the storage of spent nuclear
fuel; and
‘‘(8) the costs associated with modifications to
contract holders’ site and facilities, including the
near site transportation infrastructure, where such
modifications add significantly to the efficiency of
the integrated spent fuel management system.
‘‘(e) PROHIBITION ON USE OF WASTE FUND.—The
Nuclear Waste Fund shall not be used, either directly or
indirectly, for the payment of damages by the Secretary
pursuant to section 102 of this Act.
‘‘(f) ADMINISTRATION OF WASTE FUND.—(1) The
Secretary of the Treasury shall hold the Waste Fund and,
after consultation with the Secretary, annually report to
the Congress on the financial condition and operations of
the Waste Fund during the preceding fiscal year.
‘‘(2) The Secretary shall submit the budget of the
Waste Fund to the Office of Management and Budget tri-
ennially along with the budget of the Department of En-
ergy submitted at such time in accordance with chapter
11 of title 31, United States Code. The budget of the
Waste Fund shall consist of the estimates made by the
Secretary of expenditures from the Waste Fund and other
relevant financial matters for the succeeding 3 fiscal years,
and shall be included in the Budget of the United States
Government. The Secretary may make expenditures from
the Waste Fund, subject to appropriations which shall re-
main available until expended. Appropriations shall be
subject to triennial authorization.
‘‘(3) If the Secretary determines that the Waste
Fund contains at any time amounts in excess of current
needs, the Secretary may request the Secretary of the
Treasury to invest such amounts, or any portion of such
amounts as the Secretary determines to be appropriate,
in obligations of the United States—
‘‘(A) having maturities determined by the Sec-
retary of the Treasury to be appropriate to the
needs of the Waste Fund; and
‘‘(B) bearing interest at rates determined to be
appropriate by the Secretary of the Treasury, taking
into consideration the current average market yield
on outstanding marketable obligations of the United
States with remaining periods to maturity com-
parable to the maturities of such investments, except
that the interest rate on such investments shall not
exceed the average interest rate applicable to exist-
ing borrowings.
‘‘(4) Receipts, proceeds, and recoveries realized by
the Secretary under this section, and expenditures of
amounts from the Waste Fund, shall be exempt from an-
nual apportionment under the provisions of subchapter II
of chapter 15 of title 31, United States Code.
‘‘(5) If at any time the moneys available in the Waste
Fund are insufficient to enable the Secretary to discharge
the Secretary’s responsibilities under this title, the Sec-
retary shall issue to the Secretary of the Treasury obliga-
tions in such forms and denominations, bearing such ma-
turities, and subject to such terms and conditions as may
be agreed to by the Secretary and the Secretary of the
Treasury. The total of such obligations shall not exceed
amounts provided in appropriation Acts. Redemption of
such obligations shall be made by the Secretary from mon-
eys available in the Waste Fund. Such obligations shall
bear interest at a rate determined by the Secretary of the
Treasury, which shall be not less than a rate determined
by taking into consideration the average market yield on
outstanding marketable obligations of the United States
of comparable maturities during the month preceding the
issuance of the obligations under this paragraph. The Sec-
retary of the Treasury shall purchase any issued obliga-
tions, and for such purpose the Secretary of the Treasury
is authorized to use as a public debt transaction the pro-
ceeds from the sale of any securities issued under chapter
31 of title 31, United States Code, and the purposes for
which securities may be issued under such Act are ex-
tended to include any purchase of such obligations. The
Secretary of the Treasury may at any time sell any of the
obligations acquired by him under this paragraph. All re-
demptions, purchases, and sales by the Secretary of the
Treasury of obligations under this paragraph shall be
treated as public debt transactions of the United States.
‘‘(6) Any appropriations made available to the Waste
Fund for any purpose described in subsection (d) shall be
repaid into the general fund of the Treasury, together with
interest from the date of availability of the appropriations
until the date of repayment. Such interest shall be paid
on the cumulative amount of appropriations available to
the Waste Fund, less the average undisbursed cash bal-
ance in the Waste Fund account during the fiscal year
involved. The rate of such interest shall be determined by
the Secretary of the Treasury taking into consideration
the average market yield during the month preceding each
fiscal year on outstanding marketable obligations of the
United States of comparable maturity. Interest payments
may be deferred with the approval of the Secretary of the
Treasury, but any interest payments deferred shall them-
selves bear interest.
‘‘SEC. 404. OFFICE OF CIVILIAN RADIOACTIVE WASTE
MANAGEMENT.
‘‘(a) ESTABLISHMENT.—There is established within
the Department of Energy an Office of Civilian Radio-
active Waste Management. The Office shall be headed by
a Director, who shall be appointed by the President, by
and with the advice and consent of the Senate. The Direc-
tor’s compensation shall be determined in accordance with
section 701.
‘‘(b) FUNCTIONS OF DIRECTOR.—The Director of the
Office shall be responsible for carrying out the functions
of the Secretary under this Act, subject to the general su-
pervision of the Secretary. The Director of the Office shall
be directly responsible to the Secretary.
‘‘SEC. 405. DEFENSE CONTRIBUTION.
‘‘(a) ALLOCATION.—No later than 1 year from the
date of enactment of this Act, acting pursuant to section
553 of title 5, United States Code, the Secretary shall
issue a final rule establishing the appropriate portion of
the costs of managing high-level radioactive waste and
spent nuclear fuel under this Act allocable to the interim
storage or permanent disposal of high-level radioactive
waste and spent nuclear fuel from atomic energy defense
activities. The share of costs allocable to the management
of high-level radioactive waste and spent nuclear fuel from
atomic energy defense activities shall include—
‘‘(1) an appropriate portion of the costs associ-
ated with research and development activities with
respect to development of an interim storage facility
and repository; and
‘‘(2) interest on the principal amounts due cal-
culated by reference to the appropriate T-bill rate as
if the payments were made at a point in time con-
sistent with the payment dates for spent nuclear fuel
and high-level radioactive waste under the contracts.
‘‘(b) APPROPRIATION REQUEST.—In addition to any
request for an appropriation from the waste fund under
section 401, the Secretary shall request annual appropria-
tions from general revenues in amounts sufficient to pay
the costs of the management of high-level radioactive
waste and spent nuclear fuel from atomic energy defense
activities as established under subsection (a).
‘‘(c) REPORT.—In conjunction with the annual report
submitted to Congress under section 702, the Secretary
shall advise the Congress annually of the amount of high-
level radioactive waste and spent nuclear fuel from atomic
energy defense activities requiring management in the in-
tegrated spent nuclear fuel management system.
‘‘(d) AUTHORIZATION.—There is authorized to be ap-
propriated to the Secretary, from general revenues, for
carrying out the purposes of this Act, such sums as may
be necessary to pay the costs of the management of high-
level radioactive waste and spent nuclear fuel from atomic
energy defense activities as established under subsection
(a).
‘‘TITLE V—GENERAL AND
MISCELLANEOUS PROVISIONS
‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS.
‘‘(a) IN GENERAL.—The Secretary shall be subject
to and comply with all Federal, State, and local environ-
mental or land use laws, requirements, or orders of gen-
eral applicability not preempted by applicable Federal law,
including those requiring permits or reporting, or those
setting standards, criteria, or limitation.
‘‘(b) APPLICATION OF FEDERAL LAW.—In the event
that the requirements of any Federal law are inconsistent
with or duplicative of the requirements of the Atomic En-
ergy Act and this Act, the Secretary shall comply only with
the requirements of the Atomic Energy Act and this Act
in implementing the integrated spent nuclear fuel manage-
ment system.
‘‘(c) EXEMPTION.—(1) Notwithstanding subsection
(a), the President shall exempt the Secretary from any
Federal, State, or local requirement (including any law,
regulation, or order requiring any license, permit, certifi-
cation, authorization, or approval, or setting any standard,
criterion, or limitation) if the President determines, in the
President’s discretion, that—
‘‘(A) issuance of the required licensed, permit,
certification, authorization, or approval is being un-
reasonably delayed or denied;
‘‘(B) the requirement is not based on credible
scientific data, is not generally applicable, or was
not adopted by formal means; or
(C) the cost of complying with the law, require-
ment, or order unreasonably exceeds the benefit to
the public health and safety or the environment.
‘‘(2) In the event the President makes a determina-
tion under paragraph (1) with respect to any State re-
quirement (including any requirement of any agency or
subdivision of the State) and further determines, in the
President’s discretion, that such requirement was imposed
for the purpose of delaying or obstructing construction or
operation of the interim storage facility, transportation fa-
cilities, the repository, or associated facilities under this
Act, the President may exempt the Secretary from all
State requirements under this subsection or such portion
thereof as the President determines necessary.
‘‘(3) The President’s exercise of the President’s ex-
emption authority under this subsection shall not be sub-
ject to judicial review on any grounds.
‘‘SEC. 502. JUDICIAL REVIEW OF AGENCY ACTIONS.
‘‘(a) JURISDICTION OF UNITED STATES COURTS OF
APPEALS.—
‘‘(1) Except for review in the Supreme Court of
the United States, and except as otherwise provided
in this Act, the United States courts of appeals shall
have original and exclusive jurisdiction over any civil
action—
‘‘(A) for review of any final decision or ac-
tion of the Secretary, the President, or the
Commission under this Act;
‘‘(B) alleging the failure of the Secretary,
the President, or the Commission to make any
decision, or take any action, required under this
Act;
‘‘(C) challenging the constitutionality of
any decision made, or action taken, under any
provision of this Act; or
‘‘(D) for review of any environmental im-
pact statement prepared or environmental as-
sessment pursuant to the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to any action under this Act
or alleging a failure to prepare such statement
with respect to any such action.
‘‘(2) The venue of any proceeding under this
section shall be in the judicial circuit in which the
petitioner involved resides or has its principal office,
or in the United States Court of Appeals for the
District of Columbia.
‘‘(b) DEADLINE FOR COMMENCING ACTION.—A civil
action for judicial review described under subsection (a)(l)
may be brought not later than the 180th day after the
date of the decision or action or failure to act involved,
as the case may be, except that if a party shows that he
did not know of the decision or action complained of (or
of the failure to act), and that a reasonable person acting
under the circumstances would not have known, such
party may bring a civil action not later than the 180th
day after the date such party acquired actual or construc-
tive knowledge or such decision, action, or failure to act.
‘‘SEC. 503. TITLE TO MATERIAL.
‘‘Upon the request of a contract holder and consistent
with the contract holder’s acceptance date under the ac-
ceptance schedule, if the Secretary cannot accept the con-
tract holder’s spent nuclear fuel or high-level radioactive
waste in accordance with the acceptance schedule, the Sec-
retary shall take title to or possession of such fuel or waste
without removing such fuel or waste from the contract
holder’s designated storage site. Nothing in this section
shall be construed to affect in any way the Secretary’s ob-
ligation under this Act to commence acceptance of spent
nuclear fuel and high-level radioactive waste no later than
January 31, 1998.
‘‘SEC. 504. LICENSING OF FACILITY EXPANSIONS AND
TRANSSHIPMENTS.
‘‘(a) ORAL ARGUMENT.—In any Commission hearing
under section 189 of the Atomic Energy Act of 1954 (42
U.S.C. 2239) on an application for a license, or for an
amendment to an existing license, filed after January 7,
1983, to expand the spent nuclear fuel storage capacity
at the site of a civilian nuclear power reactor, through the
use of high-density fuel storage racks, fuel rod compac-
tion, the transshipment of spent nuclear fuel to another
civilian nuclear power reactor within the same utility sys-
tem, the construction of additional spent nuclear fuel pool
capacity or dry storage capacity, or by other means, the
Commission shall, at the request of any party, provide an
opportunity for oral argument with respect to any matter
which the Commission determines to be in controversy
among the parties. The oral argument shall be preceded
by such discovery procedures as the rules of the Commis-
sion shall provide. The Commission shall require each
party, including the Commission staff, to submit in writ-
ten form, at the time of the oral argument, a summary
of the facts, data, and arguments upon which such party
proposes to rely that are known at such time to such
party. Only facts and data in the form of sworn testimony
or written submission may be relied upon by the parties
during oral argument. Of the materials that may be sub-
mitted by the parties during oral argument, the Commis-
sion shall only consider those facts and data that are sub-
mitted in the form of sworn testimony or written submis-
sion.
‘‘(b) ADJUDICATORY HEARING.—(1) At the conclu-
sion of any oral argument under subsection (a), the Com-
mission shall designate any disputed question of fact, to-
gether with any remaining questions of law, for resolution
in an adjudicatory hearing only if it determines that—
‘‘(A) there is a genuine and substantial dispute
of fact which can only be resolved with sufficient ac-
curacy by the introduction of evidence in an adju-
dicatory hearing; and
‘‘(B) the decision of the Commission is likely to
depend in whole or in part on the resolution of such
dispute.
‘‘(2) In making a determination under this sub-
section, the Commission—
‘‘(A) shall designate in writing the specific facts
that are in genuine and substantial dispute, the rea-
son why the decision of the agency is likely to de-
pend on the resolution of such facts, and the reason
why an adjudicatory hearing is likely to resolve the
dispute; and
‘‘(B) shall not consider—
‘‘(i) any issue relating to the design, con-
struction, or operation of any civilian nuclear
power reactor already licensed to operate at
such site, or any civilian nuclear power reactor
to which a construction permit has been grant-
ed at such site, unless the Commission deter-
mines that any such issue substantially affects
the design, construction, or operation of the fa-
cility or activity for which such license applica-
tion, authorization, or amendment is being con-
sidered; or
‘‘(ii) any siting or design issue fully consid-
ered and decided by the Commission in connec-
tion with the issuance of a construction permit
or operating license for a civilian nuclear power
reactor at such site, unless—
‘‘(I) such issue results from any revi-
sion of siting or design criteria by the
Commission following such decision; and
‘‘(II) the Commission determines that
such issue substantially affects the design,
construction, or operation of the facility or
activity for which such license application,
authorization, or amendment is being con-
sidered.
‘‘(3) The provisions of paragraph (2)(B) shall apply
only with respect to licenses, authorizations, or amend-
ments to licenses or authorizations, applied for under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) be-
fore December 31, 2005.
‘‘(4) The provisions of this section shall not apply to
the first application for a license or license amendment
received by the Commission to expand onsite spent fuel
storage capacity by the use of a new technology not pre-
viously approved for use at any nuclear power plant by
the Commission.
‘‘(c) JUDICIAL REVIEW.—No court shall hold unlaw-
ful or set aside a decision of the Commission in any pro-
ceeding described in subsection (a) because of a failure
by the Commission to use a particular procedure pursuant
to this section unless—
‘‘(1) an objection to the procedure used was
presented to the Commission in a timely fashion or
there are extraordinary circumstances that excuse
the failure to present a timely objection; and
‘‘(2) the court finds that such failure has pre-
cluded a fair consideration and informed resolution
of a significant issue of the proceeding taken as a
whole.
‘‘SEC. 505. SITING A SECOND REPOSITORY.
‘‘(a) CONGRESSIONAL ACTION REQUIRED.—The Sec-
retary may not conduct site-specific activities with respect
to a second repository unless Congress has specifically au-
thorized and appropriated funds for such activities.
‘‘(b) REPORT.—The Secretary shall report to the
President and to Congress on or after January 1, 2007,
but not later than January 1, 2010, on the need for a
second repository.
‘‘SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL
RADIOACTIVE WASTE SITE CLOSURE.
‘‘(a) FINANCIAL ARRANGEMENTS.—(1) The Commis-
sion shall establish by rule, regulation, or order, after pub-
lic notice, and in accordance with section 181 of the Atom-
ic Energy Act of 1954 (42 U.S.C. 2231), such standards
and instructions as the Commission may deem necessary
or desirable to ensure in the case of each license for the
disposal of low-level radioactive waste that an adequate
bond, surety, or other financial arrangement (as deter-
mined by the Commission) will be provided by a licensee
to permit completion of all requirements established by the
Commission for the decontamination, decommissioning,
site closure, and reclamation of sites, structures, and
equipment used in conjunction with such low-level radio-
active waste. Such financial arrangements shall be pro-
vided and approved by the Commission, or, in the case
of sites within the boundaries of any agreement State
under section 274 of the Atomic Energy Act of 1954 (42
U.S.C. 2021), by the appropriate State or State entity,
prior to issuance of licenses for low-level radioactive waste
disposal or, in the case of licenses in effect on January
7, 1983, prior to termination of such licenses.
‘‘(2) If the Commission determines that any long-
term maintenance or monitoring, or both, will be necessary
at a site described in paragraph (1), the Commission shall
ensure before termination of the license involved that the
licensee has made available such bonding, surety, or other
financial arrangements as may be necessary to ensure that
any necessary long-term maintenance or monitoring need-
ed for such site will be carried out by the person having
title and custody for such site following license termi-
nation.
‘‘(b) TITLE AND CUSTODY.—
‘‘(1) The Secretary shall have authority to as-
sume title and custody of low-level radioactive waste
and the land on which such waste is disposed of,
upon request of the owner of such waste and land
and following termination of the license issued by
the Commission for such disposal, if the Commission
determines that—
‘‘(A) the requirements of the Commission
for site closure, decommissioning, and decon-
tamination have been met by the licensee in-
volved and that such licensee is in compliance
with the provisions of subsection (a);
‘‘(B) such title and custody will be trans-
ferred to the Secretary without cost to the Fed-
eral Government; and
‘‘(C) Federal ownership and management
of such site is necessary or desirable in order to
protect the public health and safety, and the
environment.
‘‘(2) If the Secretary assumes title and custody
of any such waste and land under this subsection,
the Secretary shall maintain such waste and land in
a manner that will protect the public health and
safety, and the environment.
‘‘(c) SPECIAL SITES.—If the low-level radioactive
waste involved is the result of a licensed activity to recover
zirconium, hafnium, and rare earths from source material,
the Secretary, upon request of the owner of the site in-
volved, shall assume title and custody of such waste and
the land on which it is disposed when such site has been
decontaminated and stabilized in accordance with the re-
quirements established by the Commission and when such
owner has made adequate financial arrangements ap-
proved by the Commission for the long-term maintenance
and monitoring of such site.
‘‘SEC. 507. NUCLEAR REGULATORY COMMISSION TRAINING
AUTHORIZATION.
‘‘The Commission is authorized and directed to pro-
mulgate regulations, or other appropriate regulatory guid-
ance, for the training and qualifications of civilian nuclear
powerplant operators, supervisors, technicians, and other
appropriate operating personnel. Such regulations or guid-
ance shall establish simulator training requirements for
applicants for civilian nuclear powerplant operator licenses
and for operator requalification programs; requirements
governing Commission administration of requalification
examinations; requirements for operating tests at civilian
nuclear powerplant simulators, and instructional require-
100
ments for civilian nuclear powerplant licensee personnel
training programs.
‘‘TITLE VI—NUCLEAR WASTE
TECHNICAL REVIEW BOARD
‘‘SEC. 601. DEFINITIONS.
‘‘For purposes of this title—
‘‘(a) The term ‘Chairman’ means the Chairman
of the Nuclear Waste Technical Review Board.
‘‘(b) The term ‘Board’ means the Nuclear Waste
Technical Review Board established under section 602.
‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.
‘‘(a) ESTABLISHMENT.—There is established a Nu-
clear Waste Technical Review Board that shall be an inde-
pendent establishment within the executive branch.
‘‘(b) MEMBERS.—
‘‘(1) The Board shall consist of 11 members
who shall be appointed by the President not later
than 90 days after December 22, 1987, from among
persons nominated by the National Academy of
Sciences in accordance with paragraph (3).
‘‘(2) The President shall designate a member of
the Board to serve as Chairman.
‘‘(3)(A) The National Academy of Sciences
shall, not later than 90 days after December 22,
1987, nominate not less than 22 persons for ap-
101
pointment to the Board from among persons who
meet the qualifications described in subparagraph
(C).
‘‘(B) The National Academy of Sciences shall
nominate not less than 2 persons to fill any vacancy
on the Board from among persons who meet the
qualifications described in subparagraph (C).
‘‘(C)(i) Each person nominated for appointment
to the Board shall be—
‘‘(I) eminent in a field of science or engi-
neering, including environmental sciences; and
‘‘(II) selected solely on the basis of estab-
lished records of distinguished service.
‘‘(ii) The membership of the Board shall be rep-
resentatives of the broad range of scientific and en-
gineering disciplines related to activities under this
title.
‘‘(iii) No person shall be nominated for appoint-
ment to the Board who is an employee of—
‘‘(I) the Department of Energy;
‘‘(II) a national laboratory under contract
with the Department of Energy; or
‘‘(III) an entity performing high-level ra-
dioactive waste or spent nuclear fuel activities
under contract with the Department of Energy.
102
‘‘(4) Any vacancy on the Board shall be filled
by the nomination and appointment process de-
scribed in paragraphs (1) and (3).
‘‘(5) Members of the Board shall be appointed
for terms of 4 years, each such term to commence
120 days after December 22, 1987, except that of
the 11 members first appointed to the Board, 5 shall
serve for 2 years and 6 shall serve for 4 years, to
be designated by the President at the time of ap-
pointment.
‘‘SEC. 603. FUNCTIONS.
‘‘The Board shall evaluate the technical and scientific
validity of activities undertaken by the Secretary after De-
cember 22, 1987, including—
‘‘(1) site characterization activities; and
‘‘(2) activities relating to the packaging or
transportation of high-level radioactive waste or
spent nuclear fuel.
‘‘SEC. 604. INVESTIGATORY POWERS.
‘‘(a) HEARINGS.—Upon request of the Chairman or
a majority of the members of the Board, the Board may
hold such hearings, sit and act at such times and places,
take such testimony, and receive such evidence, as the
Board considers appropriate. Any member of the Board
103
may administer oaths or affirmations to witnesses appear-
ing before the Board.
‘‘(b) PRODUCTION OF DOCUMENTS.—(1) Upon the
request of the Chairman or a majority of the members
of the Board, and subject to existing law, the Secretary
(or any contractor of the Secretary) shall provide the
Board with such records, files, papers, data, or informa-
tion as may be necessary to respond to any inquiry of the
Board under this title.
‘‘(2) Subject to existing law, information obtainable
under paragraph (1) shall not be limited to final work
products of the Secretary, but shall include drafts of such
products and documentation of work in progress.
‘‘SEC. 605. COMPENSATION OF MEMBERS.
‘‘(a) IN GENERAL.—Each member of the Board shall
be paid at the rate of pay payable for level III of the Exec-
utive Schedule for each day (including travel time) such
member is engaged in the work of the Board.
‘‘(b) TRAVEL EXPENSES.—Each member of the
Board may receive travel expenses, including per diem in
lieu of subsistence, in the same manner as is permitted
under sections 5702 and 5703 of title 5, United States
Code.
‘‘SEC. 606. STAFF.
‘‘(a) CLERICAL STAFF.—
104
‘‘(1) Subject to paragraph (2), the Chairman
may appoint and fix the compensation of such cleri-
cal staff as may be necessary to discharge the re-
sponsibilities of the Board.
‘‘(2) Clerical staff shall be appointed subject to
the provisions of title 5, United States Code, govern-
ing appointments in the competitive service, and
shall be paid in accordance with the provisions of
chapter 51 and subchapter III of chapter 3 of such
title relating to classification and General Schedule
pay rates.
‘‘(b) PROFESSIONAL STAFF.—
‘‘(1) Subject to paragraphs (2) and (3), the
Chairman may appoint and fix the compensation of
such professional staff as may be necessary to dis-
charge the responsibilities of the Board.
‘‘(2) Not more than 10 professional staff mem-
bers may be appointed under this subsection.
‘‘(3) Professional staff members may be ap-
pointed without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and may be paid without regard
to the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no indi-
105
vidual so appointed may receive pay in excess of the
annual rate of basic pay payable for GS–18 of the
General Schedule.
‘‘SEC. 607. SUPPORT SERVICES.
‘‘(a) GENERAL SERVICES.—To the extent permitted
by law and requested by the Chairman, the Administrator
of General Services shall provide the Board with necessary
administrative services, facilities, and support on a reim-
bursable basis.
‘‘(b) ACCOUNTING, RESEARCH, AND TECHNOLOGY
ASSESSMENT SERVICES.—The Comptroller General, the
Librarian of Congress, and the Director of the Office of
Technology Assessment shall, to the extent permitted by
law and subject to the availability of funds, provide the
Board with such facilities, support, funds and services, in-
cluding staff, as may be necessary for the effective per-
formance of the functions of the Board.
‘‘(c) ADDITIONAL SUPPORT.—Upon the request of
the Chairman, the Board may secure directly from the
head of any department or agency of the United States
information necessary to enable it to carry out this title.
‘‘(d) MAILS.—The Board may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
106
‘‘(e) EXPERTS AND CONSULTANTS.—Subject to such
rules as may be prescribed by the Board, the Chairman
may procure temporary and intermittent services under
section 3109(b) of title 5 of the United States Code, but
at rates for individuals not to exceed the daily equivalent
of the maximum annual rate of basic pay payable for GS–
18 of the General Schedule.
‘‘SEC. 608. REPORT.
‘‘The Board shall report not less than 2 times per
year to Congress and the Secretary its findings, conclu-
sions, and recommendations. The first such report shall
be submitted not later than 12 months after December
22, 1987.
‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
‘‘Notwithstanding subsection (d) of section 503, and
subject to subsection (e) of such section, there are author-
ized to be appropriated for expenditures from amounts in
the Waste Fund established in subsection (c) of such sec-
tion such sums as may be necessary to carry out the provi-
sions of this title.
‘‘SEC. 610. TERMINATION OF THE BOARD.
‘‘The Board shall cease to exist not later than 1 year
after the date on which the Secretary begins disposal of
high-level radioactive waste or spent nuclear fuel in the
repository.
107
‘‘TITLE VII—MANAGEMENT
REFORM
‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES.
‘‘(a) IN GENERAL.—The Secretary is directed to take
actions as necessary to improve the management of the
civilian radioactive waste management program to ensure
that the program is operated, to the maximum extent
practicable, in like manner as a private business. Notwith-
standing any other provision of law, the civilian radio-
active waste management program is not subject to laws
or regulations concerning the civil service as described in
this title.
‘‘(b) OFFICE
OF CIVILIAN RADIOACTIVE WASTE
MANAGEMENT EMPLOYEES.—
‘‘(1) The Secretary shall, without regard to sec-
tion 5301 of title 5, United States Code, fix the
compensation of the Director and the Deputy Direc-
tor of Office of Civilian Radioactive Waste Manage-
ment. The Director shall, without regard to section
5301 of title 5, United States Code, fix the com-
pensation for all other Federal employees assigned
to the Office of Civilian Radioactive Waste Manage-
ment, define their duties, and provide for a system
of organization to fix responsibility and promote effi-
ciency. The Deputy Director may be removed at the
108
Director’s discretion without regard to any laws,
rules, or regulations concerning personnel actions in
the Civil Service System or Senior Executive Service.
Any other Federal employee assigned to the Office
of Civilian Radioactive Waste Management may be
removed at the discretion of the Secretary or Direc-
tor without regard to any laws, rules, or regulations
concerning personnel actions in the Civil Service
System or Senior Executive Service. The Secretary
shall ensure that Federal employees assigned to the
Office of Civilian Radioactive Waste Management
are appointed, promoted, and assigned on the basis
of merit and fitness. Other personnel actions shall be
consistent with the principles of fairness and due
process specified in title 5 of the United States
Code, but without regard to those provisions of said
title governing appointments and other personnel ac-
tions in the competitive service.
‘‘(2) The provisions of paragraph (1) shall not
apply to Federal employees who may be, from time
to time, temporarily assigned to the Office of Civil-
ian Radioactive Waste Management. The use of tem-
porary assignment of Federal employees to the Of-
fice of Civilian Radioactive Waste Management shall
109
not be used in any manner to circumvent the full ap-
plication of the provisions in paragraph (1).
‘‘(3) The Secretary shall transition the Federal
employees assigned to the Office of Civilian Radio-
active Waste Management to the provisions of this
section in an orderly manner allowing for the devel-
opment of the needed procedures. Under no cir-
cumstances shall this transition take longer than six
months from the date of enactment of this section.
‘‘(4) Federal employees assigned to the Office
of Civilian Radioactive Waste Management and
transitioned to the provisions of this section shall re-
tain employment benefits in effect immediately prior
to the transition date. Transitioned employees will
continue in the Civil Service System’s retirement
system.
‘‘(c) AUDITS.—
‘‘(1) The Office of Civilian Radioactive Waste
Management, its contractors, and subcontractors at
all tiers, shall conduct, or have conducted, audits
and examinations of their operations in accordance
with the usual and customary practices of private
corporations engaged in large nuclear construction
projects consistent with its role in the program.
110
‘‘(2) The management practices and perform-
ances of the Office of Civilian Radioactive Waste
Management shall be audited every five years by an
independent management consulting firm with sig-
nificant experience in similar audits of private cor-
porations engaged in large nuclear construction
projects. The first such audit shall be conducted five
years after the enactment of this Act.
‘‘(3) The Comptroller General of the United
States shall annually make an audit of the Office, in
accordance with such regulations as the Comptroller
General may prescribe. The Comptroller General
shall have access to such books, records, accounts,
and other materials of the Office as the Comptroller
General determines to be necessary for the prepara-
tion of such audit. The Comptroller General shall
submit to the Congress a report on the results of
each audit conducted under this section.
‘‘(4) No audit contemplated by this subsection
shall take longer than 30 days to conduct. An audit
report shall be issued in final form no longer than
60 days after the audit is commenced.
‘‘(5) All audit reports shall be public documents
and available to any individual upon request.
112
‘‘(e) VALUE ENGINEERING.—The Secretary shall cre-
ate a value engineering function within the Office of Civil-
ian Radioactive Waste Management that reports directly
to the Director, which shall carry out value engineering
functions in accordance with the usual and customary
practices of private corporations engaged in large nuclear
construction projects.
‘‘(f) SITE CHARACTERIZATION.—The Secretary shall
employ, on an on-going basis, integrated performance
modeling to identify appropriate parameters for the re-
maining site characterization effort and to eliminate stud-
ies of parametters that are shown not to affect long-term
repository performance.
‘‘SEC. 702. REPORTING.
‘‘(a) INITIAL REPORT.—Within 180 days of enact-
ment of this section, the Secretary shall report to Con-
gress on its planned actions for implementing the provi-
sions of this Act, including the development of the Inte-
grated Waste Management System. Such report shall in-
clude, but not be limited to—
‘‘(1) an analysis of the Secretary’s progress in
meeting its statutory and contractual obligation to
Accept title to, possession of, and delivery of high-
level waste and spent nuclear fuel beginning no later
113
than January 31, 1998, and in accordance with the
Acceptance Schedule;
‘‘(2) a detailed schedule and timeline showing
each action that the Secretary intends to take to
meet the Secretary’s obligations under this Act and
the contracts;
‘‘(3) a detailed description of the Secretary’s
contingency plans in the event that the Secretary is
unable to meet the planned schedule and timeline;
and
‘‘(4) an analysis by the Secretary of its funding
needs for fiscal years 1996 through 2001.
‘‘(b) ANNUAL REPORTS.—On each anniversary of the
submittal of the report required by subsection (a), the Sec-
retary shall make annual reports to the Congress for the
purpose of updating the information contained in such re-
port. The annual reports shall be brief and shall notify
the Congress of—
‘‘(1) any modifications to the Secretary’s sched-
ule and timeline for meeting its obligations under
this Act;
‘‘(2) the reasons for such modifications, and the
status of the implementation of any of the Sec-
retary’s contingency plans; and
114
‘‘(3) the Secretary’s analysis of its funding
needs for the ensuing 5 fiscal years.’’.
SEC. 2. TRANSITION PROVISIONS.
(a) CONTINUATION OF CONTRACTS.—Subsequent to
the date of enactment of this Act, the contracts executed
under section 302(a) of the Nuclear Waste Policy Act of
1982 shall continue in effect under this Act.
(b) CONTINUATION OF NUCLEAR WASTE FUND.—
Subsequent to the date of enactment of this Act, the Nu-
clear Waste Fund established in the Treasury of the Unit-
ed States under section 302(c) of the Nuclear Waste Pol-
icy Act of 1982 shall continue in effect under this Act.
(c) CONTINUATION OF OFFICE OF CIVILIAN RADIO-
ACTIVE WASTE MANAGEMENT.—The Office of Civilian
Radioactive Waste Management established under section
304(a) of the Nuclear Waste Policy Act of 1982 as con-
stituted prior to the date of enactment of this Act, shall
continue in effect subsequent to the date of enactment of
this Act.
(d) CONTINUATION OF NUCLEAR WASTE TECHNICAL
REVIEW BOARD.—The Nuclear Waste Technical Review
Board, established under section 502(a) of the Nuclear
Waste Policy Act of 1982 as constituted prior to the date
of enactment of this Act, shall continue in effect subse-
quent to the date of enactment of this Act.
115
SEC. 3. AMENDMENTS TO BUDGET LAWS.
(a) TREATMENT OF APPROPRIATIONS.—Amounts in
the Nuclear Waste Fund shall be appropriated exclusively
for the purposes authorized in section 503 of the Nuclear
Waste Policy Act of 1982. Notwithstanding any other law,
any such appropriations, and outlays flowing from such
appropriations, shall not be taken into account for pur-
poses of any budget enforcement procedures under the
Balanced Budget and Emergency Deficit Control Act of
1985.
(b) AMENDMENTS.—Section 251(b)(2) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985
is amended by inserting after subparagraph (G) the fol-
lowing new subparagraph:
‘‘(H) NUCLEAR WASTE FUNDING.—Funds
appropriated to the Nuclear Waste Fund are
not subject to the discretionary spending limits
or the Appropriations Committee’s Energy and
Water Development Subcommittee’s section
602(b) allocation.’’.
(c) CONFORMING REDUCTION
IN DISCRETIONARY
SPENDING LIMITS.—Upon enactment of this Act, the dis-
cretionary spending limits set forth in section 601(a)(2)
of the Congressional Budget Act of 1974 (2 U.S.C.
665(a)(2)) as adjusted in conformance with section 251
of the Balanced Budget and Emergency Deficit Control
116
Act of 1985 for fiscal years 1996 through 2000 are re-
duced as follows:
(1) For fiscal year 1996, for the discretionary
category, llll in new budget authority and
llll in outlays.
(2) For fiscal year 1997, for the discretionary
category, llll in new budget authority and
llll in outlays.
(3) For fiscal year 1998, for the discretionary
category, llll in new budget authority and
llll in outlays.
(4) For fiscal year 1999, the comparable
amount for budgetary purposes shall be deemed to
be llll in new budget authority and llll
in outlays.
(5) For fiscal year 2000, the comparable
amount for budgetary purposes shall be deemed to
be llll in new budget authority and llll
in outlays.
Æ
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HR 1020 IH——6