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tation of spent nuclear fuel or high-level radioactive waste
under this Act.
‘‘(c) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary shall provide
technical assistance and funds to States, affected units
of local government, and Indian tribes through whose
jurisdiction the Secretary plans to transport substan-
tial amounts of spent nuclear fuel or high-level radio-
active waste for training for public safety officials of
appropriate units of local government. Training shall
cover procedures required for safe routine transpor-
tation of these materials, as well as procedures for
dealing with emergency response situations. The Sec-
retary’s duty to provide technical and financial as-
sistance under this subsection shall be limited to
amounts specified in annual appropriations.
‘‘(2) EMPLOYEE ORGANIZATIONS.—
‘‘(A) IN
GENERAL.—The Secretary shall
provide technical assistance and funds for train-
ing directly to nonprofit employee organizations
and joint labor-management organizations that
demonstrate experience in implementing and op-
erating worker health and safety training and
education programs and demonstrate the ability
to reach and involve in training programs target
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populations of workers who are or will be di-
rectly engaged in the transportation of spent nu-
clear fuel and high-level radioactive waste or
emergency response or post-emergency response
with respect to such transportation.
‘‘(B) TRAINING.—Training under this para-
graph—
‘‘(i) shall cover procedures required for
safe routine transportation of materials and
procedures for dealing with emergency re-
sponse situations;
‘‘(ii) shall be consistent with any
training standards established by the Sec-
retary of Transportation; and
‘‘(iii) shall include—
‘‘(I) a training program applica-
ble to persons responsible for respond-
ing to emergency situations occurring
during the removal and transportation
of spent nuclear fuel and high-level ra-
dioactive waste;
‘‘(II) instruction of public safety
officers in procedures for the command
and control of the response to any inci-
dent involving the waste; and
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‘‘(III) instruction of radiological
protection and emergency medical per-
sonnel in procedures for responding to
an incident involving spent nuclear
fuel or high-level radioactive waste
being transported.
‘‘(3) GRANTS.—To implement this subsection,
grants shall be made under section 401(c).
‘‘(4) MINIMIZING DUPLICATION OF EFFORT AND
EXPENSES.—The 
Secretaries 
of 
Transportation,
Labor, and Energy, Directors of the Federal Emer-
gency Management Agency and National Institute of
Environmental Health Sciences, the Nuclear Regu-
latory Commission, and Administrator of the Envi-
ronmental Protection Agency shall review periodi-
cally, with the head of each department, agency, or
instrumentality of the Government, all emergency re-
sponse and preparedness training programs of that
department, agency, or instrumentality to minimize
duplication of effort and expense of the department,
agency, or instrumentality in carrying out the pro-
grams and shall take necessary action to minimize
duplication.
‘‘(d) USE OF PRIVATE CARRIERS.—The Secretary, in
providing for the transportation of spent nuclear fuel and
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high-level radioactive waste under this Act, shall by con-
tract use private industry to the fullest extent possible in
each aspect of such transportation. The Secretary shall use
direct Federal services for such transportation only upon
a determination by the Secretary of Transportation, in con-
sultation with the Secretary, that private industry is un-
able or unwilling to provide such transportation services
at a reasonable cost.
‘‘(e) TRANSFER OF TITLE.—Acceptance by the Sec-
retary of any spent nuclear fuel or high-level radioactive
waste shall constitute a transfer of title to the Secretary.
‘‘(f) EMPLOYEE PROTECTION.—Any person engaged in
the interstate commerce of spent nuclear fuel or high-level
radioactive waste under contract to the Secretary pursuant
to this Act shall be subject to and comply fully with the
employee protection provisions of section 20109 of title 49,
United States Code (in the case of employees of railroad
carriers), and section 31105 of title 49, United States Code
(in the case of employees operating commercial motor vehi-
cles), or the Commission (in the case of all other employees).
‘‘(g) TRAINING STANDARD.—
‘‘(1) REGULATION.—No later than 12 months
after the date of enactment of this Act, the Secretary
of Transportation, pursuant to authority under other
provisions of law, in consultation with the Secretary
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of Labor and the Commission, shall promulgate a reg-
ulation establishing training standards applicable to
workers directly involved in the removal and trans-
portation of spent nuclear fuel and high-level radio-
active waste. The regulation shall specify minimum
training standards applicable to workers, including
managerial personnel. The regulation shall require
that the employer possess evidence of satisfaction of
the applicable training standard before any individ-
ual may be employed in the removal and transpor-
tation of spent nuclear fuel and high-level radioactive
waste.
‘‘(2) SECRETARY OF TRANSPORTATION.—If the
Secretary of Transportation determines, in promul-
gating the regulation required by paragraph (1), that
regulations promulgated by the Commission establish
adequate training standards for workers, then the
Secretary of Transportation can refrain from promul-
gating additional regulations with respect to worker
training in such activities. The Secretary of Trans-
portation and the Commission shall use their Memo-
randum of Understanding to ensure coordination of
worker training standards and to avoid duplicative
regulation.
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‘‘(3) 
TRAINING
STANDARDS
CONTENT.—The
training standards required to be promulgated under
paragraph (1) shall, among other things deemed nec-
essary and appropriate by the Secretary of Transpor-
tation, include the following provisions—
‘‘(A) a specified minimum number of hours
of initial off site instruction and actual field ex-
perience under the direct supervision of a
trained, experienced supervisor;
‘‘(B) a requirement that onsite managerial
personnel receive the same training as workers,
and a minimum number of additional hours of
specialized training pertinent to their manage-
rial responsibilities; and
‘‘(C) a training program applicable to per-
sons responsible for responding to and cleaning
up emergency situations occurring during the re-
moval and transportation of spent nuclear fuel
and high-level radioactive waste.
‘‘(4) AUTHORIZATION.—There is authorized to be
appropriated to the Secretary of Transportation, from
general revenues, such sums as may be necessary to
perform his duties under this subsection.
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‘‘SEC. 204. INTERIM STORAGE.
‘‘(a) AUTHORIZATION.—The Secretary shall design,
construct, and operate a facility for the interim storage of
spent nuclear fuel and high-level radioactive waste at the
interim storage facility site. The interim storage facility
shall be subject to licensing pursuant to the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) in accordance with
the Commission’s regulations governing the licensing of
independent spent fuel storage installations and shall com-
mence operation in phases by January 31, 2002. The in-
terim storage facility shall store spent nuclear fuel and
high-level radioactive waste until the Secretary is able to
transfer such fuel and waste to the repository.
‘‘(b) DESIGN.—The design of the interim storage facil-
ity shall provide for the use of storage technologies licensed
or certified by the Commission for use at the interim storage
facility as necessary to ensure compatibility between the in-
terim 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.
‘‘(c) LICENSING.—
‘‘(1) PHASES.—The interim storage facility shall
be licensed by the Commission in two phases in order
to commence operations no later than January 31,
2002.
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high-level radioactive waste to the interim
storage facility in a generic manner.
‘‘(B) 
CONSIDERATIONS.—Such 
Environ-
mental Impact Statement shall not consider—
‘‘(i) the need for the interim storage fa-
cility, 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 and high-level radioactive
waste at the interim storage facility;
‘‘(iv) any alternatives to the site of the
facility as designated by the Secretary in
accordance with subsection (a);
‘‘(v) any alternatives to the design cri-
teria for such facility or any individual
component thereof, as specified by the Sec-
retary in the license application; or
‘‘(vi) the environmental impacts of the
storage of spent nuclear fuel and high-level
radioactive waste at the interim storage fa-
cility beyond the initial term of the license
or the term of the renewal period for which
a license renewal application is made.
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‘‘(f) JUDICIAL REVIEW.—Judicial review of the Com-
mission’s environmental impact statement under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) shall be consolidated with judicial review of the
Commission’s licensing decision. No court shall have juris-
diction to enjoin the construction or operation of the in-
terim storage facility prior to its final decision on review
of the Commission’s licensing action.
‘‘(g) WASTE CONFIDENCE.—The Secretary’s obligation
to construct and operate the interim storage facility in ac-
cordance with this section and the Secretary’s obligation to
develop an integrated management system in accordance
with the provisions of this Act, shall provide sufficient and
independent grounds for any further findings by the Com-
mission of reasonable assurance that spent nuclear fuel and
high-level radioactive waste will be disposed of safely and
on a timely basis for purposes of the Commission’s decision
to grant or amend any license to operate any civilian nu-
clear power reactor under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.).
‘‘(h) SAVINGS CLAUSE.—Nothing in this Act shall af-
fect the Commission’s procedures for the licensing of any
technology for the dry storage of spent nuclear fuel at the
site of any civilian nuclear power reactor as adopted by
the Commission under section 218 of the Nuclear Waste Pol-
•HR 1270 RH2
icy Act of 1982, as in effect prior to the date of the enact-
ment of this Act. The establishment of such procedures shall
not preclude the licensing, under any applicable procedures
or rules of the Commission in effect prior to such establish-
ment, of any technology for the storage of civilian spent
nuclear fuel at the site of any civilian nuclear power reac-
tor.
‘‘SEC. 205. PERMANENT DISPOSAL.
‘‘(a) SITE CHARACTERIZATION.—
‘‘(1) GUIDELINES.—The guidelines promulgated
by the Secretary and published at 10 CFR part 960
are annulled and revoked and the Secretary shall
make no assumptions or conclusions about the
licensability of the Yucca Mountain site as a reposi-
tory by reference to such guidelines.
‘‘(2) SITE CHARACTERIZATION ACTIVITIES.—The
Secretary shall carry out appropriate site character-
ization activities at the Yucca Mountain site in ac-
cordance with the Secretary’s program approach to
site characterization if the Secretary modifies or
eliminates those site characterization activities de-
signed to demonstrate the suitability of the site under
the guidelines referenced in paragraph (1).
‘‘(3) DATE.—No later than December 31, 2002,
the Secretary shall apply to the Commission for au-
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thorization to construct a repository that will com-
mence operations no later than January 17, 2010. If,
at any time prior to the filing of such application,
the Secretary determines that the Yucca Mountain
site cannot satisfy the Commission’s regulations ap-
plicable to the licensing of a geologic repository, the
Secretary shall terminate site characterization activi-
ties at the site, notify Congress and the State of Ne-
vada of the Secretary’s determination and the reasons
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 this Act, the Commission shall amend its regula-
tions governing the disposal of spent nuclear fuel and high-
level radioactive waste in geologic repositories to the extent
necessary to comply with this Act. Subject to subsection (c),
such regulations shall provide for the licensing of the reposi-
tory according to the following procedures:
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‘‘(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) with adequate protection of 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) with adequate protection of the health
and safety of the public; and
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‘‘(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) with adequate protection of 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-
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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 this Act shall not be incorporated in the Com-
mission’s licensing regulations. The Commission’s reposi-
•HR 1270 RH2
tory licensing determinations for the protection of the pub-
lic shall be based solely on a finding whether the repository
can be operated in conformance with the overall system per-
formance standard established in paragraph (1)(A) and ap-
plied in accordance with the provisions of paragraph
(1)(B). The Commission shall amend its regulations in ac-
cordance with subsection (b) to incorporate each of the fol-
lowing 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, in consultation with the Administrator
of the Environmental Protection Agency, deter-
mines by rule that such standard would not pro-
vide for adequate protection of the health and
safety of the public and establishes by rule an-
other standard which will provide for adequate
protection of the health and safety of the public.
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Such 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 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-
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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
for the repository, the time of the initial availability
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of the repository, or any alternatives to the isolation
of spent nuclear fuel and high-level radioactive 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 (42 U.S.C.
2011 et seq.). 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.
•HR 1270 RH2
‘‘(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.—