105TH CONGRESS
1ST SESSION
H. R. 1270
AN ACT
To amend the Nuclear Waste Policy Act of 1982.
105TH CONGRESS
1ST SESSION
H. R. 1270
AN ACT
To amend the Nuclear Waste Policy Act of 1982.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT OF NUCLEAR WASTE POLICY ACT
OF 1982.
The Nuclear Waste Policy Act of 1982 is amended
to read as follows:
‘‘SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the
‘Nuclear Waste Policy Act of 1997’.
‘‘(b) TABLE OF CONTENTS.—
‘‘Sec. 1. Short title and table of contents.
‘‘Sec. 2. Definitions.
‘‘Sec. 3. Findings and purposes.
‘‘TITLE I—OBLIGATIONS
‘‘Sec. 101. Obligations of the Secretary of Energy.
‘‘TITLE II—INTEGRATED MANAGEMENT SYSTEM
‘‘Sec. 201. Intermodal transfer.
‘‘Sec. 202. Transportation planning.
‘‘Sec. 203. Transportation requirements.
‘‘Sec. 204. Interim storage.
‘‘Sec. 205. Permanent disposal.
‘‘Sec. 206. Land withdrawal.
‘‘Sec. 207. Applicability.
‘‘TITLE III—LOCAL RELATIONS
‘‘Sec. 301. On-site representative.
‘‘Sec. 302. Benefits agreements.
‘‘Sec. 303. Content of agreements.
‘‘Sec. 304. Acceptance of benefits.
‘‘Sec. 305. Restriction on use of funds.
‘‘Sec. 306. Initial land conveyances.
‘‘Sec. 307. Payments equal to taxes.
‘‘TITLE IV—FUNDING AND ORGANIZATION
‘‘Sec. 401. Program funding.
‘‘Sec. 402. Office of Civilian Radioactive Waste Management.
‘‘Sec. 403. Defense contribution.
‘‘TITLE V—GENERAL AND MISCELLANEOUS PROVISIONS
‘‘Sec. 501. Compliance with other laws.
‘‘Sec. 502. Water rights.
‘‘Sec. 503. Judicial review of agency actions.
‘‘Sec. 504. Licensing of facility expansions and transshipments.
‘‘Sec. 505. Siting a second repository.
‘‘Sec. 506. Financial arrangements for low-level radioactive waste site closure.
‘‘Sec. 507. Nuclear Regulatory Commission training authorization.
‘‘Sec. 508. Acceptance schedule.
‘‘Sec. 509. Subseabed or ocean water disposal.
‘‘Sec. 510. Separability.
‘‘Sec. 511. Purchase of American-made equipment and products.
‘‘TITLE VI—NUCLEAR WASTE TECHNICAL REVIEW BOARD
‘‘Sec. 601. Definitions.
‘‘Sec. 602. Nuclear Waste Technical Review Board.
‘‘Sec. 603. Functions.
‘‘Sec. 604. Investigatory powers.
‘‘Sec. 605. Compensation of members.
‘‘Sec. 606. Staff.
‘‘Sec. 607. Support services.
‘‘Sec. 608. Report.
‘‘Sec. 609. Authorization of appropriations.
‘‘Sec. 610. Termination of the board.
‘‘TITLE VII—MANAGEMENT REFORM
‘‘Sec. 701. Management reform initiatives.
‘‘Sec. 702. Reporting.
‘‘SEC. 2. DEFINITIONS.
‘‘For purposes of this Act:
‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘ac-
cept’ and ‘acceptance’ mean the Secretary’s act of
taking possession of spent nuclear fuel or high-level
radioactive waste.
‘‘(2) ACCEPTANCE SCHEDULE.—The term ‘ac-
ceptance schedule’ means the schedule established in
section 508 for acceptance of spent nuclear fuel and
high-level radioactive waste.
‘‘(3) AFFECTED INDIAN TRIBE.—The term ‘af-
fected Indian tribe’ means an Indian tribe whose
reservation is surrounded by or borders on an af-
fected unit of local government, or whose federally
defined possessory or usage rights to other lands
outside of the border of the Indian tribe’s reserva-
tion arising out of congressionally ratified treaties
may be affected by the locating of an interim storage
facility or repository, if the Secretary finds, upon pe-
tition of the appropriate government officials of the
Indian tribe, that such affects are both substantial
and adverse to the Indian tribe.
‘‘(4) AFFECTED
UNIT
OF
LOCAL
GOVERN-
MENT.—The term ‘affected unit of local government’
means the unit of local government with jurisdiction
over the site of a repository or interim storage facil-
ity. Such term may, at the discretion of the Sec-
retary, include other units of local government that
are contiguous with such unit.
‘‘(5) ATOMIC
ENERGY
DEFENSE
ACTIVITY.—
The term ‘atomic energy defense activity’ means any
activity of the Secretary performed in whole or in
part in carrying out any of the following functions:
‘‘(A) Naval reactors development.
‘‘(B) Weapons activities including defense
inertial confinement fusion.
‘‘(C) Verification and control technology.
‘‘(D) Defense nuclear materials produc-
tion.
‘‘(E) Defense nuclear waste and materials
byproducts management.
‘‘(F) Defense nuclear materials security
and safeguards and security investigations.
‘‘(G) Defense research and development.
‘‘(H) Nuclear nonproliferation.
‘‘(6) CIVILIAN
NUCLEAR
POWER
REACTOR.—
The term ‘civilian nuclear power reactor’ means a ci-
vilian nuclear power plant required to be licensed
under section 103 or 104 b. of the Atomic Energy
Act of 1954 (42 U.S.C. 2133, 2134(b)).
‘‘(7) COMMISSION.—The term ‘Commission’
means the Nuclear Regulatory Commission.
‘‘(8) DEPARTMENT.—The term ‘Department’
means the Department of Energy.
‘‘(9) DISPOSAL.—The term ‘disposal’ means the
emplacement in a repository of spent nuclear fuel,
high-level radioactive waste, or other highly radio-
active material with no foreseeable intent of recov-
ery, whether or not such emplacement permits recov-
ery of such material for any future purpose.
‘‘(10) DISPOSAL SYSTEM.—The term ‘disposal
system’ means all natural barriers and engineered
barriers, and engineered systems and components,
that prevent the release of radionuclides from the re-
pository.
‘‘(11) ENGINEERED BARRIERS.—The terms ‘en-
gineered barriers’ and ‘engineered systems and com-
ponents,’ mean man made components of a disposal
system. Such terms include the spent nuclear fuel or
high-level radioactive waste form, spent nuclear fuel
package or high-level radioactive waste package, and
other materials placed over and around such pack-
ages.
‘‘(12) HIGH-LEVEL RADIOACTIVE WASTE.—The
term ‘high-level radioactive waste’ means—
‘‘(A) the highly radioactive material result-
ing from the reprocessing in the United States
of spent nuclear fuel, including liquid waste
produced directly in reprocessing and any solid
material derived from such liquid waste that
contains fission products in sufficient con-
centrations;
‘‘(B) the highly radioactive material result-
ing from atomic energy defense activities; and
‘‘(C) any other highly radioactive material
that the Commission, consistent with existing
law, determines by rule requires permanent iso-
lation.
‘‘(13) FEDERAL AGENCY.—The term ‘Federal
agency’ means any Executive agency, as defined in
section 105 of title 5, United States Code.
‘‘(14) INDIAN TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community of Indians recognized as
eligible for the services provided to Indians by the
Secretary of the Interior because of their status as
Indians including any Alaska Native village, as de-
fined in section 3(c) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(c)).
‘‘(15) INTEGRATED
MANAGEMENT
SYSTEM.—
The term ‘integrated management system’ means
the system developed by the Secretary for the ac-
ceptance, transportation, storage, and disposal of
spent nuclear fuel and high-level radioactive waste.
‘‘(16) INTERIM STORAGE FACILITY.—The term
‘interim storage facility’ means a facility designed
and constructed for the receipt, handling, possession,
safeguarding, and storage of spent nuclear fuel and
high-level radioactive waste in accordance with title
II of this Act.
‘‘(17) INTERIM STORAGE FACILITY SITE.—The
term ‘interim storage facility site’ means the specific
site within Area 25 of the Nevada Test Site that is
designated by the Secretary and withdrawn and re-
served in accordance with this Act for the location
of the interim storage facility.
‘‘(18) LOW-LEVEL RADIOACTIVE WASTE.—The
term ‘low-level radioactive waste’ means radioactive
material that—
‘‘(A) is not spent nuclear fuel, high-level
radioactive waste, transuranic waste, or byprod-
uct material as defined in section 11 e.(2) of
the Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)); and
‘‘(B) the Commission, consistent with ex-
isting law, classifies as low-level radioactive
waste.
‘‘(19) METRIC
TONS
URANIUM.—The terms
‘metric tons uranium’ and ‘MTU’ mean the amount
of uranium in the original unirradiated fuel element
whether or not the spent nuclear fuel has been re-
processed.
‘‘(20) NUCLEAR WASTE FUND.—The term ‘Nu-
clear Waste Fund’ means the nuclear waste fund es-
tablished in the United States Treasury prior to the
date of enactment of this Act under section 302(c)
of the Nuclear Waste Policy Act of 1982.
‘‘(21) OFFICE.—The term ‘Office’ means the
Office of Civilian Radioactive Waste Management es-
tablished within the Department prior to the date of
enactment of this Act under the provisions of the
Nuclear Waste Policy Act of 1982.
‘‘(22) PACKAGE.—The term ‘package’ means
the primary container that holds, and is in direct
contact with, solidified high-level radioactive waste,
spent nuclear fuel, or other radioactive materials
and any overpack that are emplaced at a repository.
‘‘(23) PROGRAM
APPROACH.—The term ‘pro-
gram approach’ means the Civilian Radioactive
Waste Management Program Plan, dated May 1996,
as modified by this Act, and as amended from time
to time by the Secretary in accordance with this Act.
‘‘(24) REPOSITORY.—The term ‘repository’
means a system designed and constructed under title
II of this Act for the permanent geologic disposal of
spent nuclear fuel and high-level radioactive waste,
including both surface and subsurface areas at
which spent nuclear fuel and high-level radioactive
waste receipt, handling, possession, safeguarding,
and storage are conducted.
‘‘(25) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of Energy.
‘‘(26) SITE
CHARACTERIZATION.—The term
‘site characterization’ means activities, whether in a
laboratory or in the field, undertaken to establish
the geologic condition and the ranges of the param-
eters of a candidate site relevant to the location of
a repository, including borings, surface excavations,
excavations of exploratory facilities, limited sub-
surface lateral excavations and borings, and in situ
testing needed to evaluate the licensability of a can-
didate site for the location of a repository, but not
including preliminary borings and geophysical test-
ing needed to assess whether site characterization
should be undertaken.
‘‘(27) SPENT
NUCLEAR
FUEL.—The term
‘spent nuclear fuel’ means fuel, other than foreign
spent nuclear fuel as defined in section 131 f.(4) of
the Atomic Energy Act of 1954 (42 U.S.C.
2160(f)(4)), that has been withdrawn from a nuclear
reactor following irradiation, the constituent ele-
ments of which have not been separated by reproc-
essing.
‘‘(28) STORAGE.—The term ‘storage’ means re-
tention of spent nuclear fuel or high-level radioactive
waste with the intent to recover such waste or fuel
for subsequent use, processing, or disposal.
‘‘(29) WITHDRAWAL.—The term ‘withdrawal’
has the same definition as that set forth in the Fed-
eral Land Policy and Management Act (43 U.S.C.
1702 et seq.).
‘‘(30) YUCCA
MOUNTAIN
SITE.—The term
‘Yucca Mountain site’ means the area in the State
of Nevada that is withdrawn and reserved in accord-
ance with this Act for the location of a repository.
‘‘SEC. 3. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) while spent nuclear fuel can be safely
stored at reactor sites, the expeditious movement to
and storage of such spent nuclear fuel at a central-
ized Federal facility will enhance the Nation’s envi-
ronmental protection;
‘‘(2) while the Federal Government has the re-
sponsibility to provide for the centralized interim
storage and permanent disposal of spent nuclear fuel
and high-level radioactive waste to protect the public
health and safety and the environment, the costs of
such storage and disposal should be the responsibil-
ity of the generators and owners of such waste and
fuel, including the Federal Government;
‘‘(3) in the interests of protecting the public
health and safety, enhancing the Nation’s environ-
mental protection, promoting the Nation’s energy se-
curity, and ensuring the Secretary’s ability to com-
mence acceptance of spent nuclear fuel and high-
level radioactive waste no later than January 31,
2002, it is necessary for Congress to authorize the
interim storage facility;
‘‘(4) deficit-control measures designed to limit
appropriation of general revenues have limited the
availability of the Nuclear Waste Fund for its in-
tended purposes; and
‘‘(5) the Federal Government has the respon-
sibility to provide for the permanent disposal of
waste generated from United States atomic energy
defense activities.
‘‘(b) PURPOSES.—The purposes of this Act are—
‘‘(1) to direct the Secretary to develop an inte-
grated management system in accordance with this
Act so that the Department can accept spent nuclear
fuel or high-level radioactive waste for interim stor-
age commencing no later than January 31, 2002,
and for permanent disposal at a repository com-
mencing no later than January 17, 2010;
‘‘(2) to provide for the siting, construction, and
operation of a repository for permanent geologic dis-
posal of spent nuclear fuel and high-level radioactive
waste in order to adequately protect the public and
the environment;
‘‘(3) to take those actions necessary to ensure
that the consumers of nuclear energy, who are fund-
ing the Secretary’s activities under this Act, receive
the services to which they are entitled and realize
the benefits of enhanced protection of public health
and safety, and the environment, that will ensue
from the Secretary’s compliance with the obligations
imposed by this Act; and
‘‘(4) to provide a schedule and process for the
expeditious and safe development and commence-
ment of operation of an integrated management sys-
tem and any necessary modifications to the trans-
portation infrastructure to ensure that the Secretary
can commence acceptance of spent nuclear fuel and
high-level radioactive waste no later than January
31, 2002.
‘‘TITLE I—OBLIGATIONS
‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
‘‘(a) DISPOSAL.—The Secretary shall develop and op-
erate a repository for the permanent geologic disposal of
spent nuclear fuel and high-level radioactive waste.
‘‘(b) ACCEPTANCE.—The Secretary shall accept spent
nuclear fuel and high-level radioactive waste for storage
at the interim storage facility pursuant to section 204 in
accordance with the acceptance schedule, beginning not
later than January 31, 2002.
‘‘(c) TRANSPORTATION.—The Secretary shall provide
for the transportation of spent nuclear fuel and high-level
radioactive waste accepted by the Secretary.
‘‘(d) INTEGRATED
MANAGEMENT
SYSTEM.—The
Secretary shall expeditiously pursue the development of
each component of the integrated management system,
and in so doing shall seek to utilize effective private sector
management and contracting practices.
‘‘TITLE II—INTEGRATED
MANAGEMENT SYSTEM
‘‘SEC. 201. INTERMODAL TRANSFER.
‘‘(a) TRANSPORTATION.—The Secretary shall utilize
heavy-haul truck transport to move spent nuclear fuel and
high-level radioactive waste from the mainline rail line at
Caliente, Nevada, to the interim storage facility site. If
direct rail access becomes available to the interim storage
facility site, the Secretary may use rail transportation to
meet the requirements of this title.
‘‘(b) CAPABILITY DATE.—The Secretary shall de-
velop the capability to commence rail to truck intermodal
transfer at Caliente, Nevada, no later than January 31,
2002.
‘‘(c) ACQUISITIONS.—The Secretary shall acquire
lands and rights-of-way necessary to commence intermodal
transfer at Caliente, Nevada.
‘‘(d) REPLACEMENTS.—The Secretary shall acquire
and develop on behalf of, and dedicate to, the City of
Caliente, Nevada, parcels of land and rights-of-way as re-
quired to facilitate replacement of land and city waste-
water disposal activities necessary to commence inter-
modal transfer pursuant to this Act. Replacement of land
and city wastewater disposal activities shall occur no later
than January 31, 2002.
‘‘(e) NOTICE AND MAP.—Within 6 months of the
date of enactment of this Act, the Secretary shall—
‘‘(1) publish in the Federal Register a notice
containing a legal description of the sites and rights-
of-way to be acquired under this section; and
‘‘(2) file copies of a map of such sites and
rights-of-way with the Congress, the Secretary of the
Interior, the State of Nevada, the Archivist of the
United States, the Board of Lincoln County Com-
missioners, the Board of Nye County Commis-
sioners, and the Caliente City Council.
Such map and legal description shall have the same force
and effect as if they were included in this Act. The Sec-
retary may correct clerical and typographical errors in
terim storage facility shall be accompanied by
an Environmental Impact Statement prepared
under section 102(2)(C) of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)). In preparing such Environmental
Impact Statement, the Commission—
‘‘(i) shall assume that 40,000 MTU
will be stored at the facility; and
‘‘(ii) shall analyze the impacts of the
transportation of spent nuclear fuel and
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
facility, including any individual compo-
nent 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 radio-
active 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);