therefor, and recommend to Congress not later than 6
months after such determination further actions, in-
cluding the enactment of legislation, that may be
needed to manage the Nation’s spent nuclear fuel and
high-level radioactive waste.
‘‘(4) MAXIMIZING CAPACITY.—In developing an
application for authorization to construct the reposi-
tory, the Secretary shall seek to maximize the capac-
ity of the repository.
‘‘(b) LICENSING.—Within one year of the date of enact-
ment of the Nuclear Waste Policy Act of 1995, the Commis-
sion shall amend its regulations governing the disposal of
spent nuclear fuel and high-level radioactive waste in geo-
logic repositories to the extent necessary to comply with this
Act. 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 spent nuclear
fuel and high-level radioactive waste can be disposed
of in the repository—
‘‘(A) in conformity with the Secretary’s ap-
plication, the provisions of this Act, and the reg-
ulations of the Commission;
‘‘(B) without unreasonable risk to the health
and safety of the public; and
‘‘(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 spent nuclear fuel and high-level radioactive waste
in the repository if the Commission determines that
the repository has been constructed and will operate—
‘‘(A) in conformity with the Secretary’s ap-
plication, the provisions of this Act, and the reg-
ulations of the Commission;
‘‘(B) without unreasonable risk to the health
and safety of the public; and
‘‘(C) consistent with the common defense
and security.
‘‘(3) CLOSURE.—After emplacing spent nuclear
fuel and high-level radioactive waste in the repository
and collecting sufficient confirmatory data on reposi-
tory performance to reasonably confirm the basis for
repository closure consistent with the Commission’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 license amendment upon
finding that there is reasonable assurance that the re-
pository can be permanently closed—
‘‘(A) in conformity with the Secretary’s ap-
plication to amend the license, the provisions of
this Act, and the regulations of the Commission;
‘‘(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 sub-
sequent to repository closure that poses an unreason-
able 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 re-
lease standard established in subsection (d)(1).
‘‘(c) MODIFICATION OF REPOSITORY LICENSING PRO-
CEDURE.—The Commission’s regulations shall provide for
the modification of the repository licensing procedure, as
appropriate, in the event that the Secretary seeks a license
to permit the emplacement in the repository, on a retriev-
able 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 re-
leases of radioactive materials or radioactivity from the re-
pository and any such standards existing on the date of
enactment of the Nuclear Waste Policy Act of 1995 shall
not be incorporated in the Commission’s licensing regula-
tions. The Commission’s repository licensing determina-
tions for the protection of the public shall be based solely
on a finding whether the repository can be operated in con-
formance with the overall system performance standard es-
tablished in paragraph (1)(A) and applied in accordance
with the provisions of paragraph (1)(B). The Commission
shall amend its regulations in accordance with subsection
(b) to incorporate each of the following licensing standards:
‘‘(1) RELEASE STANDARD.—
‘‘(A) ESTABLISHMENT OF OVERALL SYSTEM
PERFORMANCE
STANDARD.—The standard for
protection of the public from release of radio-
active material or radioactivity from the reposi-
tory shall prohibit releases that would expose an
average member of the general population in the
vicinity of the Yucca Mountain site to an annual
dose in excess of 100 millirems unless the Com-
mission determines by rule that such standard
would constitute an unreasonable risk to health
and safety and establishes by rule another stand-
ard which will protect health and safety. Such
standard shall constitute an overall system per-
formance standard.
‘‘(B) APPLICATION
OF
OVERALL
SYSTEM
PERFORMANCE
STANDARD.—The 
Commission
shall issue the license if it finds reasonable assur-
ance that—
‘‘(i) for the first 1,000 years following
the commencement of repository operations,
the overall system performance standard
will be met based on a deterministic or
probabilistic evaluation of the overall per-
formance 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 compliance
with the overall system performance stand-
ard 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 inclu-
sion of engineered barriers and the Secretary’s post-
closure actions at the Yucca Mountain site, in accord-
ance with subsection (b)(3), shall be sufficient to—
‘‘(A) prevent any human activity at the site
that poses an unreasonable risk of breaching the
repository’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 para-
graph (1).
‘‘(e) NATIONAL ENVIRONMENTAL POLICY ACT.—
‘‘(1) SUBMISSION OF STATEMENT.—Construction
and operation of the repository shall be considered a
major Federal action significantly affecting the qual-
ity of the human environment for purposes of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). The Secretary shall submit an environ-
mental impact statement on the construction and op-
eration of the repository to the Commission with the
application for construction authorization.
‘‘(2) CONSIDERATIONS.—For purposes of comply-
ing with the requirements of the National Environ-
mental Policy Act of 1969 and this section, the Sec-
retary 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 spent nuclear fuel and high-level ra-
dioactive waste in a repository.
‘‘(3) ADOPTION
BY
COMMISSION.—The Sec-
retary’s environmental impact statement and any
supplements thereto shall, to the extent practicable, be
adopted by the Commission in connection with the is-
suance by the Commission of a construction author-
ization under subsection (b)(1), a license under sub-
section (b)(2), or a license amendment under sub-
section (b)(3). To the extent such statement or supple-
ment 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 independent responsibilities of the
Commission to protect the public health and safety
under the Atomic Energy Act of 1954. In any such
statement prepared with respect to the repository, the
Commission shall not consider the need for a reposi-
tory, 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 jurisdic-
tion to enjoin issuance of the Commission repository licens-
ing regulations prior to its final decision on review of such
regulations.
‘‘SEC. 206. LAND WITHDRAWAL.
‘‘(a) WITHDRAWAL AND RESERVATION.—
‘‘(1) WITHDRAWAL.—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
the mineral leasing laws, the geothermal leasing laws,
the material sale laws, and the mining laws.
‘‘(2) JURISDICTION.—Jurisdiction of any land
within the interim storage facility site and the Yucca
Mountain site managed by the Secretary of the Inte-
rior or any other Federal officer is transferred to the
Secretary.
‘‘(3) RESERVATION.—The interim storage facil-
ity site and the Yucca Mountain site are reserved for
the use of the Secretary for the construction and oper-
ation, respectively, of the interim storage facility and
the repository and activities associated with the pur-
poses of this title.
‘‘(b) LAND DESCRIPTION.—
‘‘(1) BOUNDARIES.—The boundaries depicted on
the map entitled ‘Interim Storage Facility Site With-
drawal Map,’ dated July 28, 1995, and on file with
the Secretary, are established as the boundaries of the
Interim Storage Facility site.
‘‘(2) BOUNDARIES.—The boundaries depicted on
the map entitled ‘Yucca Mountain Site Withdrawal
Map,’ dated July 28, 1995, and on file with the Sec-
retary, are established as the boundaries of the Yucca
Mountain site.
‘‘(3) NOTICE AND MAPS.—Within 6 months of
the date of enactment of the Nuclear Waste Policy Act
of 1995, 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 Ne-
vada, and the Archivist of the United States.
‘‘(4) NOTICE AND MAPS.—Concurrent with the
Secretary’s application to the Commission for author-
ity 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 Sec-
retary of the Interior, the Governor of Nevada,
and the Archivist of the United States.
‘‘(5) CONSTRUCTION.—The maps and legal de-
scriptions of the interim 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 cleri-
cal and typographical errors in the maps and legal
descriptions and make minor adjustments in the
boundaries of the sites.
‘‘SEC. 207. 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
civilian nuclear power reactor, the Commission shall review
such license applications and issue a license for one or more
such facilities at the earliest practicable date, to the extent
permitted by the applicable provisions of law and regula-
tion.
‘‘(b) SECRETARY’S ACTIONS.—The Secretary shall en-
courage efforts to develop private facilities for the storage
of spent nuclear fuel by providing any requested informa-
tion and assistance, as appropriate, to the developers of
such facilities and to state and local governments and In-
dian Tribes within whose jurisdictions such facilities may
be located, and shall cooperate with the developers of such
facilities to facilitate compatibility between such facilities
and the integrated management system.
‘‘(c) OBLIGATION.—The Secretary shall satisfy the Sec-
retary’s obligations under this Act notwithstanding the de-
velopment of private facilities for the storage of spent nu-
clear fuel or high-level radioactive waste.
‘‘TITLE III—STATE AND LOCAL
RELATIONS
‘‘SEC. 301. FINANCIAL ASSISTANCE.
‘‘(a) PAYMENTS.—The Secretary shall make payments
to the State of Nevada and any affected unit of local govern-
ment for purposes of enabling such State or affected unit
of local government—
‘‘(1) to review activities taken with respect to the
Yucca Mountain site for purposes of determining any
potential economic, social, public health and safety,
and environmental impacts of the integrated manage-
ment system on such State, or affected unit of local
government and its residents;
‘‘(2) to develop a request for impact assistance
under subsection (c);
‘‘(3) to engage in any monitoring, testing, or
evaluation activities with regard to such site;
‘‘(4) to provide information to Nevada residents
regarding any activities of such State, the Secretary,
or the Commission with respect to such site; and
‘‘(5) to request information from, and make com-
ments and recommendations to, the Secretary regard-
ing any activities taken with respect to such site.
‘‘(b) SALARY AND TRAVEL EXPENSES.—Any salary or
travel expense that would ordinarily be incurred by the
State of Nevada or any affected unit of local government
may not be considered eligible for funding under this sec-
tion.
‘‘(c) FINANCIAL AND TECHNICAL ASSISTANCE.—
‘‘(1) ASSISTANCE
REQUESTS.—The Secretary
shall offer to provide financial and technical assist-
ance to the State of Nevada, and any affected unit of
local government requesting such assistance. Such as-
sistance shall be designed to mitigate the impact on
such State or affected unit of local government of the
development of the integrated management system.
‘‘(2) REPORT.—The State of Nevada and any af-
fected unit of local government may request assistance
under this section by preparing and submitting to the
Secretary a report on the economic, social, public
health and safety, and environmental impacts that
are likely to result from activities of the integrated
management system.
‘‘(d) OTHER ASSISTANCE.—
‘‘(1) TAXABLE AMOUNTS.—In addition to finan-
cial assistance provided under this subsection, the
Secretary shall grant to the State of Nevada and any
affected unit of local government an amount each fis-
cal year equal to the amount such State or affected
unit of local government, respectively, would receive if
authorized to tax integrated management system ac-
tivities, as such State or affected unit of local govern-
ment taxes the non-Federal real property and indus-
trial activities occurring within such State or affected
unit of local government.
‘‘(2) TERMINATION.—Such assistance shall con-
tinue until such time as all such activities, develop-
ment, and operations are terminated at the Yucca
Mountain site.
‘‘(3) ASSISTANCE
TO
NEVADA
AND
UNITS
OF
LOCAL GOVERNMENT.—
‘‘(A) PERIOD.—The State of Nevada or any
affected unit of local government may not receive
any grant under paragraph (1) after the expira-
tion of the 1-year period following the date on
which the Secretary notifies the Governor and
legislature of the State of Nevada of the termi-
nation of the operation of the integrated manage-
ment system.
‘‘(B) ACTIVITIES.—The State of Nevada or
any affected unit of local government may not
receive any further assistance under this section
if the integrated management system activities
at such site are terminated by the Secretary or
if such activities are permanently enjoined by
any court.
‘‘SEC. 302. STATE CONSULTATION.
‘‘(a) PROVISION OF INFORMATION.—
‘‘(1) TIMELY
AND
COMPLETE
INFORMATION.—
The Secretary, the Commission, and other agencies
involved in the construction, operation, or regulation
of any aspect of the integrated management system in
the State of Nevada shall provide to the Governor and
legislature of the State of Nevada timely and complete
information regarding determinations or plans made
with respect to the site characterization siting, devel-
opment, design, licensing, construction, operation,
regulation, or decommissioning of facilities associated
with the integrated management system.
‘‘(2) WRITTEN
RESPONSE.—Upon written re-
quest for such information by the Governor or legisla-
ture of the State of Nevada, 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 alter-
native, the reasons why the information cannot be so
provided. If the Secretary fails to so respond within
such 30 days, the Governor or legislature may trans-
mit a formal written objection to such failure to re-
spond to the President. If the President or Secretary
fails to respond to such written request within 30
days of the receipt by the President of such formal
written objection, the Secretary shall immediately
suspend all activities in the State of Nevada author-
ized by this Act, and shall not renew such activities
until the Governor or legislature has received the
written response to such written request required by
this subsection.
‘‘(b) CONSULTATION
AND COOPERATION.—The Sec-
retary shall consult and cooperate with the Governor and
legislature of the State of Nevada and with the Board of
Nye County Commissioners in an effort to resolve concerns
regarding the public health and safety, environmental, and
economic impacts of any activities authorized by this Act.
In carrying out the Secretary’s duties under this Act, the
Secretary shall take such concerns into account to the maxi-
mum extent feasible and as specified in written agreements
entered into under this section.
‘‘(c) CONTINUATION.—Written agreements established
under section 117(c) of the Nuclear Waste Policy Act of
1982 as constituted prior to the date of enactment of the
Nuclear Waste Policy Act of 1995, shall continue in effect
subsequent to the date of enactment of the Nuclear Waste
Policy Act of 1995.
‘‘(d) ON-SITE REPRESENTATIVE.—The Secretary shall
offer to the State of Nevada and Nye County, Nevada, an
opportunity to designate a representative to conduct on-site
oversight activities at such site. Reasonable expenses of such
representatives shall be paid by the Secretary.
‘‘SEC. 303. BENEFITS AGREEMENTS.
‘‘(a) IN GENERAL.—
‘‘(1) SEPARATE
AGREEMENTS.—The Secretary
shall offer to enter into separate agreements with the
State of Nevada, Nye County, Nevada, and Lincoln
County, Nevada, concerning the integrated manage-
ment system.
‘‘(2) AGREEMENT
WITH
NEVADA.—Any agree-
ment with the State of Nevada under this section
shall be negotiated in consultation with any affected
units of local government in the State.
‘‘(3) AGREEMENT
CONTENT.—Any agreement
shall contain such terms and conditions, including
such financial and institutional arrangements, as the
Secretary and agreement entity determine to be rea-
sonable and appropriate and shall contain such pro-
visions as are necessary to preserve any right to par-
ticipation or compensation of the State of Nevada or
affected units of local government, Nye County, Ne-
vada, and Lincoln County, Nevada.
‘‘(b) AMENDMENT.—An agreement entered into under
subsection (a) may be amended only with the mutual con-
sent of the parties to the amendment and terminated only
in accordance with subsection (c).
‘‘(c) TERMINATION.—The Secretary shall terminate an
agreement under subsection (a) if any element of the inte-
grated management system may not be completed.
‘‘(d) LIMITATION.—Only 1 agreement each for the
State of Nevada, Nye County, Nevada, and Lincoln County,
Nevada, may be in effect at any one time.
‘‘(e) JUDICIAL REVIEW.—Decisions of the Secretary
under this section are not subject to judicial review.
‘‘SEC. 304. CONTENT OF AGREEMENTS.
‘‘(a) IN GENERAL.—
‘‘(1) SCHEDULE.—In addition to the benefits to
which the State of Nevada or affected units of local
government are entitled under this title, the Secretary
shall make payments to the party of a benefits agree-
ment in accordance with the following schedule:
‘‘BENEFITS SCHEDULE
[Amounts in millions]
Event
State
County
(A) Annual payments prior to first receipt of fuel .
$5
$2.5
(B) Upon first spent fuel receipt ..............................
$10
$5
(C) Annual payments after first spent fuel receipt
until closure of facility ..........................................
$10
$5
‘‘(2) DEFINITIONS.—For purposes of this section,
the term—
‘‘(A) ‘spent fuel’ means high-level radio-
active waste or spent nuclear fuel; and
‘‘(B) ‘first spent fuel receipt’ does not in-
clude receipt of spent fuel or high-level radio-
active waste for purposes of testing or oper-
ational demonstration.
‘‘(3) ANNUAL
PAYMENTS.—Annual payments
prior to first spent fuel receipt under paragraph
(1)(A) shall be made on the date of execution of the
benefits agreement and thereafter on the anniversary
date of such execution. Annual payments after the
first spent fuel receipt until closure of the facility
under paragraph (1)(C) shall be made on the anni-
versary date of such first spent fuel receipt.
‘‘(4) REDUCTION.—If the first spent fuel pay-
ment under paragraph (1)(B) is made within 6
months after the last annual payment prior to the re-
ceipt of spent fuel under paragraph (1)(A), such first
spent fuel payment under paragraph (1)(B) shall be
reduced by an amount equal to 1⁄12 of such annual
payment under paragraph (1)(A) for each full month
less than 6 that has not elapsed since the last annual
payment under paragraph (1)(A).
‘‘(C) DISPUTE.—In the event of a dispute
concerning such plan or transfer, the Secretary
shall resolve such dispute, consistent with this
Act and applicable State law.
‘‘(b) CONTENTS.—A benefits agreement under section
303 shall provide that—
‘‘(1) the parties to the agreement shall share with
one another information relevant to the licensing
process for the interim storage facility or repository,
as it becomes available;
‘‘(2) the State or affected unit of local govern-
ment that is party to such agreement may comment
on the development of the integrated management sys-
tem and on documents required under law or regula-
tions governing the effects of the system on the public
health and safety; and
‘‘(3) the State or affected unit of local govern-
ment may waive its rights, if any, to impact assist-
ance under sections 301(a) and 301(c).
‘‘(c) CONSTRUCTION.—The signature of the Secretary
on a valid benefits agreement under section 303 shall con-
stitute a commitment by the United States to make pay-
ments in accordance with such agreement.
‘‘SEC. 305. REVIEW PANEL.
‘‘(a) IN GENERAL.—There shall be established a Re-
view Panel consisting of 7 members as follows:
‘‘(1) 1 member selected by the Governor of the
State of Nevada.
‘‘(2) 2 members selected by affected units of local
government.
‘‘(3) 1 member selected by the Board of Nye
County Commissioners.
‘‘(4) 1 member selected by the Board of Lincoln
County Commissioners.
‘‘(5) 1 member to represent persons paying fees
under section 401, to be selected by the Secretary.
‘‘(6) 1 member to represent other public interests,
to be selected by the Secretary.
‘‘(b) CHAIRMAN.—The chairman of the Review Panel
shall be selected by the Review Panel from its members.
‘‘(c) TERMS.—
‘‘(1) MEMBERS.—The members of the Review
Panel shall serve for terms of 4 years each.
‘‘(2) PER DIEM.—Members of the Review Panel
who are not full-time employees of the Federal Gov-
ernment, shall receive a per diem compensation for
each day spent conducting work of the Review Panel,
including their necessary travel or other expenses
while engaged in the work of the Review Panel.
‘‘(3) EXPENSES.—Expenses of the Panel shall be
paid by the Secretary.
‘‘(d) DUTIES.—The Review Panel shall—
‘‘(1) advise the Secretary on matters relating to
the integrated management system including issues
relating to design, construction, operation, and de-
commissioning of the system;
‘‘(2) evaluate performance of the integrated man-
agement system as it considers appropriate;
‘‘(3) recommend corrective actions to the Sec-
retary;
‘‘(4) assist in the presentation of State and local
perspectives to the Secretary; and
‘‘(5) participate in the planning for and the re-
view of preoperational data on environmental, demo-
graphic, and socioeconomic conditions of the site and
the local community.
‘‘(e) INFORMATION.—The Secretary shall make avail-
able promptly any information in the Secretary’s posses-
sion requested by the Panel or its Chairman.
‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The re-
quirements of the Federal Advisory Committee Act shall not
apply to a Review Panel established under this title.
‘‘SEC. 306. CONSIDERATION IN SITING FACILITIES.
‘‘The Secretary, in siting Federal research projects,
shall give special consideration to proposals from the State
of Nevada.
‘‘SEC. 307. ACCEPTANCE OF BENEFITS.
‘‘(a) CONSENT.—The acceptance or use of any of the
benefits provided under this title, by the State of Nevada
or any affected unit of local government thereof, shall not
be deemed to be an expression of consent, express, or denied,
either under the Constitution of the State or any law there-
of, to the siting of the interim storage facility or repository
in the State of Nevada, any provision of such Constitution
or laws to the contrary notwithstanding.
‘‘(b) ARGUMENTS.—Neither the United States nor any
other entity may assert any argument based on legal or eq-
uitable estoppel, or acquiescence, or waiver, or consensual
involvement, in response to any decision by the State, to
oppose the siting in Nevada of the interim storage facility
or repository premised upon or related to the acceptance
or use of benefits under this title.
‘‘(c) LIABILITY.—No liability of any nature shall ac-
crue to be asserted against the State of Nevada, its Gov-
ernor, any official thereof, or any official of any govern-
mental unit thereof, premised solely upon the acceptance
or use of benefits under this title.
‘‘SEC. 308. RESTRICTION ON USE OF FUNDS.
‘‘None of the funding provided under this title may
be used—
‘‘(1) directly or indirectly to influence legislative
action on any matter pending before Congress or a
State legislature or for any lobbying activity as pro-
vided in section 1913 of title 18, United States Code;
‘‘(2) for litigation purposes; and
‘‘(3) to support multistate efforts or other coali-
tion-building activities inconsistent with the purposes
of this Act.
‘‘TITLE IV—FUNDING AND
ORGANIZATION
‘‘SEC. 401. PROGRAM FUNDING.
‘‘(a) CONTRACTS.—
‘‘(1) AUTHORITY OF SECRETARY.—In the per-
formance of the Secretary’s functions under this Act,
the Secretary is authorized to enter into contracts
with any person who generates or holds title to spent
nuclear fuel or high-level radioactive waste of domes-
tic origin for the acceptance of title and possession,
transportation, interim storage, and disposal of such
waste or spent fuel. Such contracts shall provide for
the payment of annual fees pursuant to paragraphs
(2) and (3). Fees assessed pursuant to this paragraph
shall be paid to the Treasury of the United States and
shall be available for use by the Secretary pursuant
to this section until expended.
‘‘(2) ANNUAL FEES.—
‘‘(A) ELECTRICITY.—For electricity gen-
erated by civilian nuclear power reactors and
sold on or after the date of enactment of the Nu-
clear Waste Policy Act of 1995, the aggregate
amount of the fees collected during each fiscal
year shall be no greater than the annual level of
appropriations for expenditures on those activi-
ties consistent with subsection (d) for that fiscal
year, minus—
‘‘(i) any unobligated balance collected
pursuant to this section during the previous
fiscal year; and
‘‘(ii) the percentage of such appropria-
tions required to be funded by the Federal
Government pursuant to section 403.
The Secretary shall determine the level of the an-
nual fee for each civilian nuclear power reactor
based on the amount of electricity generated and
sold, except that for the period commencing with
fiscal year 1997 and continuing through fiscal
year 2010, the average annual fee collected under
this subparagraph shall not exceed 1.0 mill per
kilowatt-hour generated and sold and for the pe-
riod commencing after fiscal year 2010, the an-
nual fee collected under this subparagraph shall
not exceed 1.0 mill per kilowatt hour generated
and sold. Fees assessed pursuant to this subpara-
graph shall be paid to the Treasury of the Unit-
ed States and shall be available for use by the
Secretary pursuant to this section until ex-
pended.
‘‘(B) EXPENDITURES
IF
SHORTFALL.—If,
during any fiscal year, the aggregate amount of
fees assessed pursuant to subparagraph (A) is
less than the annual level of appropriations for
expenditures on those activities specified in sub-
section (d) for that fiscal year, minus—
‘‘(i) any unobligated balance collected
pursuant to this section during the previous
fiscal year; and
‘‘(ii) the percentage of such appropria-
tions required to be funded by the Federal
Government pursuant to section 403,
the Secretary may make expenditures from the
Nuclear Waste Fund up to the level of the fees
assessed.
‘‘(C) RULES.—The Secretary shall, by rule,
establish procedures necessary to implement this
paragraph.
‘‘(3) ONE-TIME FEE.—The one-time fee collected
under contracts executed under section 302(a) of the
Nuclear Waste Policy Act of 1982 before the date of
enactment of the Nuclear Waste Policy Act of 1995 on
spent nuclear fuel, or high-level radioactive waste de-
rived from spent nuclear fuel, which fuel was used to
generate electricity in a civilian nuclear power reac-
tor before April 7, 1983, shall be paid to the Treas-
ury. In paying such a fee, the person delivering such
spent nuclear fuel or high-level radioactive wastes de-
rived therefrom, to the Secretary shall have no further
financial obligation to the Federal Government for the
long-term storage and permanent disposal of such
spent nuclear fuel or high-level radioactive waste.
‘‘(b) ADVANCE CONTRACTING REQUIREMENT.—
‘‘(1) IN GENERAL.—
‘‘(A) LICENSE ISSUANCE AND RENEWAL.—
The Commission shall not issue or renew a li-
cense to any person to use a utilization or pro-
duction 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
contract under subsection (a) with the Sec-
retary; or
‘‘(ii) the Secretary affirms in writing
that such person is actively and in good
faith negotiating with the Secretary for a
contract under this section.
‘‘(B) PRECONDITION.—The Commission, as
it deems necessary or appropriate, may require
as a precondition to the issuance 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 dis-
posal of spent nuclear fuel and high-level radio-
active waste that may result from the use of such
license.
‘‘(2) DISPOSAL IN REPOSITORY.—Except as pro-
vided in paragraph (1), no spent nuclear fuel or high-
level radioactive waste generated or owned by any
person (other than a department 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
the repository unless the generator or owner of such
spent fuel or waste has entered into a contract under
subsection (a) with the Secretary by not later than
the date on which such generator or owner commences
generation of, or takes title to, such spent fuel or
waste.
‘‘(3) ASSIGNMENT.—The rights and duties of a
party to a contract entered into under this section
may be assignable with transfer of title to the spent
nuclear fuel or high-level radioactive waste involved.
‘‘(4) DISPOSAL
CONDITION.—No spent nuclear
fuel or high-level radioactive waste generated or
owned by any department of the United States re-
ferred to in section 101 or 102 of title 5, United
States Code, may be stored or disposed of by the Sec-
retary at the interim storage facility or repository in
the integrated management system developed under
this Act unless, each fiscal year, such department
funds its appropriate portion of the costs of such stor-
age and disposal as specified in section 403.
‘‘(c) NUCLEAR WASTE FUND.—
‘‘(1) IN GENERAL.—The Nuclear Waste Fund es-
tablished in the Treasury of the United States under
section 302(c) of the Nuclear Waste Policy Act of 1982
shall continue in effect under this Act and shall con-
sist of—
‘‘(A) all receipts, proceeds, and recoveries
realized by the Secretary before the date of enact-
ment of the Nuclear Waste Policy Act of 1995;
and
‘‘(B) any appropriations made by the Con-
gress before the date of enactment of the Nuclear
Waste Policy Act of 1995 to the Nuclear Waste
Fund.
‘‘(2) USE.—The Nuclear Waste Fund shall be
used only for purposes of the integrated management
system.
‘‘(3) ADMINISTRATION
OF
NUCLEAR
WASTE
FUND.—
‘‘(A) IN
GENERAL.—The Secretary of the
Treasury shall hold the Nuclear Waste Fund
and, after consultation with the Secretary, annu-
ally report to the Congress on the financial con-
dition and operations of the Nuclear Waste Fund
during the preceding fiscal year.
‘‘(B) AMOUNTS
IN
EXCESS
OF
CURRENT
NEEDS.—If the Secretary determines that the
Nuclear Waste Fund contains at any time
amounts in excess of current needs, the Secretary
may request the Secretary of the Treasury to in-
vest such amounts, or any portion of such
amounts as the Secretary determines to be ap-
propriate, in obligations of the United States—
‘‘(i) having maturities determined by
the Secretary of the Treasury to be appro-
priate to the needs of the Nuclear Waste
Fund; and
‘‘(ii) bearing interest at rates deter-
mined to be appropriate by the Secretary of
the Treasury, taking into consideration the
current average market yield on outstand-
ing marketable obligations of the United
States with remaining periods to maturity
comparable to the maturities of such invest-
ments, except that the interest rate on such
investments shall not exceed the average in-
terest rate applicable to existing borrowings.
‘‘(C) EXEMPTION.—Receipts, proceeds, and
recoveries realized by the Secretary under this
section, and expenditures of amounts from the
Nuclear Waste Fund, shall be exempt from an-
nual apportionment under the provisions of sub-
chapter II of chapter 15 of title 31, United
States Code.
‘‘(d) USE OF APPROPRIATED FUNDS.—During each
fiscal year, the Secretary may make expenditures of funds
collected after the date of enactment of the Nuclear Waste
Policy Act of 1995 under this section and section 403, up
to the level of appropriations for that fiscal year pursuant
to subsection (f) only for purposes of the integrated manage-
ment system.
‘‘(e) PROHIBITION ON USE OF APPROPRIATIONS AND
NUCLEAR WASTE FUND.—The Secretary shall not make ex-
penditures of funds collected pursuant to this section or sec-
tion 403, either directly or indirectly, to design or construct
systems and components for the transportation, storage, or
disposal of spent nuclear fuel from civilian nuclear power
reactors.
‘‘(f) APPROPRIATIONS.—
‘‘(1) BUDGET.—The Secretary shall submit the
budget for implementation of the Secretary’s respon-
sibilities under this Act to the Office of Management
and Budget triennially along with the budget of the
Department of Energy submitted at such time in ac-
cordance with chapter 11 of title 31, United States
Code. The budget shall consist of the estimates made
by the Secretary of expenditures under this Act and
other relevant financial matters for the succeeding 3
fiscal years, and shall be included in the budget of the
United States Government.
‘‘(2) APPROPRIATIONS.—Appropriations shall be
subject to triennial authorization. During each fiscal
year, the Secretary may make expenditures, up to the
level of appropriations, out of the funds collected pur-
suant to this section and section 403, if the Secretary
transmits the amounts appropriated for implementa-
tion of this Act to the Commission and the Nuclear
Waste Technical Review Board in appropriate pro-
portion to the collection of such funds.
‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN-
AGEMENT.
‘‘(a) CONTINUATION OF OFFICE OF CIVILIAN RADIO-
ACTIVE WASTE MANAGEMENT.—The Office of Civilian Ra-
dioactive 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 the Nuclear Waste
Policy Act of 1995, shall continue in effect subsequent to
the date of enactment of the Nuclear Waste Policy Act of
1995.
‘‘(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 super-
vision of the Secretary. The Director of the Office shall be
directly responsible to the Secretary.
‘‘SEC. 403. DEFENSE CONTRIBUTION.
‘‘(a) ALLOCATION.—No later than one year from the
date of enactment of the Nuclear Waste Policy Act of 1995,
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 spent nuclear
fuel and high-level radioactive waste under this Act alloca-
ble to the interim storage or permanent disposal of spent
nuclear fuel and high-level radioactive waste from atomic
energy defense activities. The share of costs allocable to the
management of spent nuclear fuel and high-level radioactive
waste from atomic energy defense activities shall include—
‘‘(1) an appropriate portion of the costs associ-
ated with research and development activities with re-
spect to development of the interim storage facility
and repository; and
‘‘(2) interest on the principal amounts due cal-
culated by reference to the appropriate Treasury bill
rate as if the payments were made at a point in time
consistent with the payment dates for spent nuclear
fuel and high-level radioactive waste under the con-
tracts.
‘‘(b) APPROPRIATION REQUEST.—In addition to any
request for an appropriation from the Nuclear Waste Fund,
the Secretary shall request annual appropriations from gen-
eral revenues in amounts sufficient to pay the costs of the
management of spent nuclear fuel and high-level radioactive
waste 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 spent nuclear
fuel and high-level radioactive waste from atomic energy
defense activities requiring management in the integrated
management system.
‘‘(d) AUTHORIZATION.—There is authorized to be ap-
propriated to the Secretary, from general revenues, for car-
rying out the purposes of this Act, such sums as may be
necessary to pay the costs of the management of spent nu-
clear fuel and high-level radioactive waste from atomic en-
ergy defense activities as established under subsection (a).
‘‘TITLE V—GENERAL AND
MISCELLANEOUS PROVISIONS
‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS.
‘‘If the requirements of any law are inconsistent with
or duplicative of the requirements of the Atomic Energy Act
and this Act, the Secretary shall comply only with the re-
quirements of the Atomic Energy Act and this Act in imple-
menting the integrated management system. Any require-
ment of a State or political subdivision of a State is pre-
empted if—
‘‘(1) complying with such requirement and a re-
quirement of this Act is impossible; or
‘‘(2) such requirement, as applied or enforced, is
an obstacle to accomplishing or carrying out this Act
or a regulation under this Act.
‘‘SEC. 502. EFFECT ON WATER RIGHTS.
‘‘The Secretary shall give full consideration whether
the implementation of this Act may require any purchase
or other acquisition of water rights that will have a signifi-
cant adverse effect on the present or future development of
any area in Nevada. The Secretary shall mitigate any such
adverse effects to the maximum extent practicable.
‘‘SEC. 503. JUDICIAL REVIEW OF AGENCY ACTIONS.
‘‘(a) JURISDICTION OF UNITED STATES COURTS OF
APPEALS.—
‘‘(1) ORIGINAL AND EXCLUSIVE JURISDICTION.—
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 Com-
mission 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 assess-
ment pursuant to the National Environmental
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) VENUE.—The venue of any proceeding
under this section shall be in the judicial circuit in
which the petitioner involved resides or has its prin-
cipal 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)(1)
may be brought no later than 180 days 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 cir-
cumstances would not have known, such party may bring
scientific and engineering disciplines relat-
ed to activities under this title.
‘‘(iii) No person shall be nominated for
appointment to the Board who is an em-
ployee of—
‘‘(I) the Department of Energy;
‘‘(II) a national laboratory under
contract with the Department of En-
ergy; or
‘‘(III) an entity performing spent
nuclear fuel or high-level radioactive
waste activities under contract with
the Department of Energy.
‘‘(4) VACANCIES.—Any vacancy on the Board
shall be filled by the nomination and appointment
process described in paragraphs (1) and (3).
‘‘(5) TERMS.—Members of the Board shall be ap-
pointed for terms of 4 years, each such term to com-
mence 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.