I 
109TH CONGRESS 
2D SESSION 
H. R. 5360 
To enhance the management and disposal of spent nuclear fuel and high- 
level radioactive waste, to assure protection of public health and safety, 
to ensure the territorial integrity and security of the repository at Yucca 
Mountain, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 11, 2006 
Mr. BARTON of Texas (by request): introduced the following bill; which was 
referred to the Committee on Energy and Commerce, and in addition to 
the Committees on Resources, Transportation and Infrastructure, and 
Armed Services, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To enhance the management and disposal of spent nuclear 
fuel and high-level radioactive waste, to assure protection 
of public health and safety, to ensure the territorial 
integrity and security of the repository at Yucca Moun-
tain, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Fuel Manage-
ment and Disposal Act’’. 
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SEC. 2. DEFINITIONS. 
(a) NUCLEAR WASTE POLICY ACT OF 1982 DEFINI-
TIONS.—For purposes of this Act: 
(1) ‘‘Commission’’, 
(2) ‘‘disposal’’, 
(3) ‘‘Federal agency’’, 
(4) ‘‘high-level radioactive waste’’, 
(5) ‘‘repository’’, 
(6) ‘‘Secretary’’, 
(7) ‘‘State’’, 
(8) ‘‘spent nuclear fuel’’, and 
(9) ‘‘Yucca Mountain site’’, 
have the meaning given those terms in section 2 of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). 
(b) OTHER DEFINITIONS.—For purposes of this 
Act— 
(1) ‘‘Withdrawal’’ means the geographic area 
consisting of the land described in section 3(c); 
(2) ‘‘Secretary concerned’’ means the Secretary 
of the Air Force or the Secretary of the Interior, or 
both, as appropriate; and 
(3) ‘‘Project’’ means the Yucca Mountain 
Project. 
SEC. 3. LAND WITHDRAWAL AND RESERVATION. 
(a) LAND WITHDRAWAL, JURISDICTION, AND RES-
ERVATION.— 
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(1) LAND WITHDRAWAL.—Subject to valid ex-
isting rights, and except as provided otherwise in 
this Act, the lands described in subsection (c) are 
withdrawn permanently from all forms of entry, ap-
propriation, and disposal under the public land laws, 
including without limitation the mineral leasing 
laws, the geothermal leasing laws, and the mining 
laws. 
(2) JURISDICTION.—Except as otherwise pro-
vided in this Act, jurisdiction over the Withdrawal is 
vested in the Secretary. These are transferred to the 
Secretary the lands within the Withdrawal under the 
jurisdiction of the Secretary concerned on the date 
of enactment of this Act. 
(3) RESERVATION.—The Withdrawal is re-
served for use by the Secretary for the development, 
preconstruction testing and performance confirma-
tion, licensing, construction, management and oper-
ation, monitoring, closure, post-closure, and other 
activities associated with the disposal of high-level 
radioactive waste and spent nuclear fuel under the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 
et seq.). 
(b) REVOCATION
AND MODIFICATION
OF PUBLIC 
LAND ORDERS AND RIGHTS OF WAY.— 
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(1) PUBLIC LAND ORDER REVOCATION.—Public 
Land Order 6802 of September 25, 1990, as ex-
tended by Public Land Order 7534, and any condi-
tions or memoranda of understanding accompanying 
those land orders, are revoked. 
(2) RIGHT
OF
WAY
RESERVATIONS.—Project 
right-of-way reservations N–48602 and N–47748 of 
January 5, 2001, are revoked. 
(c) LAND DESCRIPTION.— 
(1) BOUNDARIES.—The lands and interests in 
lands withdrawn and reserved by this Act comprise 
the approximately 147,000 acres of land in Nye 
County, Nevada , as generally depicted on the Yucca 
Mountain Project Map, YMP–03–024.2, entitled 
‘‘Proposed Land Withdrawal’’ and dated July 21, 
2005. 
(2) LEGAL DESCRIPTION AND MAP.—As soon as 
practicable after the date of enactment of this Act, 
the Secretary of the Interior shall— 
(A) publish in the Federal Register a no-
tice containing a legal description of the With-
drawal; and 
(B) file copies of the maps described in 
paragraph (1) and the legal description of the 
Withdrawal with the Congress, the Governor of 
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the State of Nevada, and the Archivist of the 
United States. 
(3) TECHNICAL CORRECTIONS.—The maps and 
legal descriptions referred to in this subsection have 
the same force and effect as if they were included 
in this Act. The Secretary of the Interior may cor-
rect clerical and typographical errors in the maps 
and legal description. 
(d) RELATIONSHIP TO OTHER RESERVATIONS.—The 
provisions of subtitle A of title XXX of the Military Lands 
Withdrawal Act of 1999 (sections 3011–3023 of Public 
Law No. 106–65) and of Public Land Order 2568 do not 
apply to the lands withdrawn and reserved by subsection 
(a). This Act does not apply to any other lands withdrawn 
for use by the Department of Defense under subtitle A 
of title XXX of the Military Lands Withdrawal Act of 
1999. 
(e) MANAGEMENT RESPONSIBILITIES.— 
(1) GENERAL AUTHORITY.—The Secretary shall 
manage the lands withdrawn by subsection (a) con-
sistent with the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.), this Act, 
and other applicable law. The Secretary shall consult 
with the Secretary concerned in discharging that re-
sponsibility. 
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(2) MANAGEMENT PLAN.— 
(A) DEVELOPMENT.—The Secretary, after 
consulting with the Secretary concerned, shall 
develop a management plan for the use of the 
Withdrawal. Within 3 years after the date of 
enactment of this Act, the Secretary shall sub-
mit the management plan to the Congress and 
the State of Nevada. 
(B) 
PRIORITY
OF
YUCCA
MOUNTAIN 
PROJECT-RELATED
ISSUES.—Subject to sub-
paragraphs (C), (D), and (E), any use of the 
Withdrawal for activities not associated with 
the Project is subject to conditions and restric-
tions that the Secretary considers necessary or 
desirable to permit the conduct of Project-re-
lated activities. 
(C) DEPARTMENT
OF
THE
AIR
FORCE 
USES.—The management plan may provide for 
the continued use by the Department of The 
Air Force of the portion of the Withdrawal 
within the Nellis Air Force Base Test and 
Training Range under terms and conditions on 
which the Secretary and the Secretary of the 
Air Force agree concerning Air Force activities. 
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(D) NEVADA TEST SITES.—The Secretary 
may allow the National Nuclear Security Ad-
ministration to continue to use the portion of 
the Withdrawal on the Nevada Test Site and 
may impose any conditions on that use that the 
Secretary considers necessary to minimize any 
effect on either Project or Administration ac-
tivities. 
(E) 
OTHER
NON-YUCCA
MOUNTAIN 
PROJECT
USES.—The management plan shall 
provide for the maintenance of wildlife habitat 
and shall provide that the Secretary may permit 
non-Project-related uses that the Secretary con-
siders appropriate, including domestic livestock 
grazing and hunting and trapping in accord-
ance with the following requirements: 
(i) GRAZING.—The Secretary may 
permit grazing to continue where estab-
lished before the date of enactment of this 
Act, subject to regulations, policies, and 
practices that the Secretary, after con-
sulting with the Secretary of the Interior, 
determines to be necessary or appropriate. 
The management of grazing shall be con-
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ducted in accordance with applicable graz-
ing laws and policies, including— 
(I) the Act commonly known as 
the ‘‘Taylor Grazing Act’’ (43 U.S.C. 
315 et seq.); 
(II) title IV of the Federal Land 
Policy Management Act of 1976 (43 
U.S.C. 1751 et seq.); and 
(III) the Public Rangelands Im-
provement Act of 1978 (43 U.S.C. 
1901 et seq.). 
(ii) HUNTING
AND
TRAPPING.—The 
Secretary may permit hunting and trap-
ping within the Withdrawal where estab-
lished before the date of enactment of this 
Act, except that the Secretary, after con-
sulting with the Secretary of the Interior 
and State of Nevada, may designate zones 
where, and establish periods when, no 
hunting or trapping is permitted for rea-
sons of public safety, national security, ad-
ministration, or public use and enjoyment. 
(F) MINING.— 
(i) IN GENERAL.—Except as provided 
in subparagraph (B), surface or subsurface 
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mining or oil or gas production, including 
slant drilling from outside the boundaries 
of the Withdrawal, is not permitted at any 
time on lands on or under the Withdrawal. 
The Secretary of the Interior shall evaluate 
and adjudicate the validity of all mining 
claims on the portion of the Withdrawal 
that, on the date of enactment of this Act, 
was under the control of the Bureau of 
Land Management. The Secretary shall 
provide just compensation for the acquisi-
tion of any valid property right. 
(ii) 
CIND-R-LITE
MINE.—Patented 
Mining Claim No. 27–83–0002, covering 
the Cind-R-Lite mine, shall not be affected 
by establishment of the Withdrawal, unless 
the Secretary, after consulting with the 
Secretary of the Interior, determines that 
the mine’s acquisition is required in fur-
therance of the reserved use of the With-
drawal set forth in subsection (a)(3). In 
that event, the Secretary shall provide just 
compensation. 
(G) LIMITED PUBLIC ACCESS.—The man-
agement plan may provide for limited public ac-
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cess to the portion of the Withdrawal under 
Bureau of Land Management control on the 
date of enactment of this Act. Permitted uses 
may include continuation of the Nye County 
Early Warning Drilling Program, utility cor-
ridors, and other uses the Secretary, after con-
sulting with the Secretary of the Interior, con-
siders consistent with the purposes of the With-
drawal. 
(3) CLOSURE.—If the Secretary, after con-
sulting with the Secretary concerned, determines 
that the health and safety of the public or the com-
mon defense and security require the closure of a 
road, trail, or other portion of the Withdrawal, or 
the airspace above the Withdrawal, the Secretary 
may effect and maintain the closure and shall pro-
vide notice of the closure. 
(4) IMPLEMENTATION.—The Secretary and the 
Secretary concerned shall implement the manage-
ment plan developed under paragraph (2) under 
terms and conditions on which they agree. 
(f) IMMUNITY.—The United States and its depart-
ments and agencies shall be held harmless and shall not 
be liable for damages to persons or property suffered in 
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the course of any mining, mineral leasing, or geothermal 
leasing activity conducted on the Withdrawal. 
(g) LAND ACQUISITION.—The Secretary may acquire 
lands and interests in lands within the Withdrawal. Those 
lands and interests in lands may be acquired by donation, 
purchase, lease, exchange, easement, rights-of-way, or 
other appropriate methods using donated or appropriated 
funds. The Secretary of the Interior shall conduct any ex-
change of lands within the Withdrawal for Federal lands 
outside the Withdrawal. 
SEC. 4. APPLICATION PROCEDURES AND INFRASTRUCTURE 
ACTIVITIES. 
(a) APPLICATION.—Section 114(b) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10134 (b)) is amend-
ed by adding the following sentence after ‘‘such applica-
tion.’’: ‘‘An application for construction authorization need 
not contain information on surface facilities other than 
surface facilities necessary for initial operation of the re-
pository.’’ 
(b) APPLICATION PROCEDURES AND INFRASTRUC-
TURE ACTIVITIES.—Section 114(d) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10134(d)) is amended by— 
(1) inserting ‘‘(1)’’ after ‘‘ACTION.—’’; 
(2) striking the last two sentences; and 
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(3) inserting the following new paragraphs (2) 
and (3) after paragraph (1) as designated and 
amended in paragraphs (1) and (2) of this sub-
section: 
‘‘(2) If the Commission approves an application for 
construction authorization and the Secretary submits an 
application to amend the authorization to obtain permis-
sion to receive and possess spent nuclear fuel and high- 
level radioactive waste, or to undertake any other action 
concerning the repository, the Commission shall consider 
the application using expedited, informal procedures, in-
cluding discovery procedures that minimize the burden on 
the parties to produce documents that the Commission 
does not need to render a decision on an action under this 
section. The Commission shall issue a final decision on 
whether to grant permission to receive and possess, or on 
any other application, within one year of submission of 
the application, except that the Commission may extend 
that deadline by not more than six months if, not less than 
30 days before the deadline, the Commission complies with 
the reporting requirements of subsection (e)(2). 
‘‘(A) At any time before or after the Commission 
issues a final decision on an application from the Sec-
retary for construction authorization under this sub-
section, the Secretary may undertake infrastructure activi-
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ties that the Secretary deems are necessary or appropriate 
to support construction or operation of a repository at the 
Yucca Mountain site or transportation to such site of 
spent nuclear fuel and high-level radioactive waste. Infra-
structure activities include, but are not limited to, safety 
upgrades; site preparation; the construction of a rail line 
connect the Yucca Mountain site with the national rail 
network, including any facilities to facilitate rail oper-
ations; and construction, upgrade, acquisition, or oper-
ation of electrical grids or facilities, other utilities, commu-
nication facilities, access roads, rail lines, and non-nuclear 
support facilities. 
‘‘(B) The Secretary shall comply with all applicable 
requirements under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an 
infrastructure activity undertaken under this paragraph. 
If the Secretary determines that an environmental impact 
statement is required in connection with an infrastructure 
activity undertaken under this paragraph, the Secretary 
need not consider the need for the action, alternative ac-
tions, or a no-action alternative. To the extent a Federal 
agency must consider the potential environmental impact 
of an infrastructure activity undertaken under this para-
graph, the agency shall adopt, to the extent practicable, 
an environmental impact statement prepared under this 
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paragraph without further action. Adoption satisfies the 
responsibilities of the adopting agency under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and no further action is required by the agency. 
‘‘(C) The Commission may not deny construction au-
thorization, permission to receive and possess spent nu-
clear fuel and high-level radioactive waste, or any other 
action concerning the repository on the grounds that the 
Secretary undertook an infrastructure activity under this 
paragraph.’’. 
(c) CONNECTED ACTIONS.—Section 114(f)(6) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10134(f)(6)) is amended by striking ‘‘or’’ and inserting 
before the period ‘‘, or an action connected or otherwise 
related to the repository to the extent the action is under-
taken outside the geologic repository operations area and 
does not require and license from the Commission’’. 
(d) EXPEDITED AUTHORIZATIONS.—Section 120 of 
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10140) 
is amended— 
(1) in subsection (a)(1) by inserting ‘‘or an in-
frastructure activity’’ after ‘‘repository’’, by insert-
ing ‘‘, State, local, or Indian tribe’’, after ‘‘Federal’’ 
both places it appears, and by striking ‘‘reposi-
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tories’’ and inserting ‘‘a repository or infrastructure 
activity’’; 
(2) in subsection (b) by striking ‘‘, and may in-
clude terms and conditions permitted by law’’; and 
(3) by adding after subsection (b) the following 
new subsections (c) and (d): 
‘‘(c) An agency or officer that fails to grant author-
ization within one year of receiving an application or re-
quest from the Secretary subject to subsection (a) shall 
submit a written report to Congress explaining the reason 
for not meeting this deadline or rejecting the application 
or request. 
‘‘(d) For purposes of applying any Federal, State, 
local, or Tribal law or requirement, the taking of an action 
related to a repository or an infrastructure activity is con-
sidered to be beneficial and not detrimental to the public 
interest and interstate commerce and consistent with the 
public convenience and necessity.’’. 
SEC. 5. NUCLEAR WASTE FUND. 
(a) CREDITING FEES.—Beginning on October 1, 
2007, and continuing through the end of the fiscal year 
when construction is complete for surface facilities for the 
fully operational repository as described in the license ap-
plication and for the Nevada rail line, fees collected by 
the Secretary and deposited in the Nuclear Waste Fund 
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under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101 et seq.) shall be credited to the Nuclear Waste 
Fund as discretionary offsetting collections each year in 
amounts not to exceed the amounts appropriated from the 
Nuclear Waste Fund for that year. 
(b) FUND USES.—Section 302 (d)(4) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10222(d)(4)) is 
amended by inserting ‘‘infrastructure activities that the 
Secretary deems are necessary or appropriate to support 
construction or operation of a repository at the Yucca 
Mountain site or transportation to such site of spent nu-
clear fuel and high-level radioactive waste, and’’ after 
‘‘with’’. 
SEC. 6. REGULATORY REQUIREMENTS. 
(a) MATERIAL
REQUIREMENTS.—Notwithstanding 
any other law, no Federal, State, interstate, or local re-
quirement, either substantive or procedural, that is re-
ferred to in section 6001(a) of the Solid Waste Disposal 
Act (42 U.S.C. 6961(a)), applies to— 
(1) any material owned by the Secretary if the 
material is transported or stored in a package, cask, 
or other container that the Commission has certified 
for transportation or storage of that type of mate-
rial; or 
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(2) any material located at the Yucca Mountain 
site for the disposal if the management and disposal 
of the material is subject to a license issued by the 
Commission. 
(b) PERMITS.—The Administrator of the Environ-
mental Protection Agency shall be the permitting agency 
for purposes of issuing, administering, or enforcing any 
new or existing air quality permit or requirement applica-
ble to a Federal facility or activity subject to the require-
ments of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101 et seq.). A State or unit of local government shall 
not issue, administer, or enforce a new or existing air qual-
ity permit or requirement affecting a Federal facility or 
activity in the Withdrawal and subject to the requirements 
of the Nuclear Waste Policy Act of 1982. 
SEC. 7. TRANSPORTATION. 
The Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101 et seq.) is amended by inserting the following new 
section after section 180: 
‘‘SEC. 181. (a) The Secretary is authorized to deter-
mine the extent to which any transportation done in car-
rying out the Secretary’s functions under this Act that is 
regulated under the Hazardous Materials Transportation 
Authorization Act of 1994 shall instead be regulated ex-
clusively under the Atomic Energy Act of 1954. 
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