‘‘(A) the Secretary shall be responsible for
any incremental costs related to improving or
upgrading Federal, State, and local roads with-
in the heavy-haul transportation route utilized,
and performing any maintenance activities on
such roads, as necessary, to facilitate year-
round safe transport of spent nuclear fuel and
high-level radioactive waste; and
‘‘(B) any such improvement, upgrading, or
maintenance activity shall be funded solely by
appropriations made pursuant to sections 401
and 403 of this Act.
‘‘(h) LOCAL
GOVERNMENT
INVOLVEMENT.—The
Commission shall enter into a Memorandum of Under-
standing with the City of Caliente and Lincoln County,
Nevada, to provide advice to the Commission regarding
intermodal transfer and to facilitate on-site representa-
tion. Reasonable expenses of such representation shall be
paid by the Secretary.
‘‘SEC. 202. TRANSPORTATION PLANNING.
‘‘(a) TRANSPORTATION READINESS.—The Secretary
shall take those actions that are necessary and appropriate
to ensure that the Secretary is able to accept and trans-
port spent nuclear fuel and high-level radioactive waste be-
ginning not later than January 31, 2002. As soon as is
practicable following the enactment of this Act, the Sec-
retary shall analyze each specific reactor facility in the
order of priority established in the acceptance schedule,
and develop a logistical plan to assure the Secretary’s abil-
ity to transport spent nuclear fuel and high-level radio-
active waste, using routes that minimize, to the maximum
practicable extent and consistent with Federal require-
ments governing transportation of hazardous materials,
transportation of spent nuclear fuel and high-level radio-
active waste through populated areas.
‘‘(b) TRANSPORTATION PLANNING.—
(1) IN GENERAL.—In conjunction with the de-
velopment of the logistical plan in accordance with
subsection (a), the Secretary shall update and mod-
ify, as necessary, the Secretary’s transportation in-
stitutional plans to ensure that institutional issues
are addressed and resolved on a schedule to support
the commencement of transportation of spent nu-
clear fuel and high-level radioactive waste to the in-
terim storage facility no later than January 31,
2002. Among other things, such planning shall pro-
vide a schedule and process for addressing and im-
plementing, as necessary, transportation routing
plans, transportation contracting plans, transpor-
tation training in accordance with section 203, and
transportation tracking programs.
‘‘(2) RAIL ROUTES.—Not later than one year
after the date of the enactment of this Act, the Sec-
retary of Transportation shall establish procedures
for the selection of preferred rail routes for the
transportation of spent nuclear fuel and high-level
radioactive waste to the interim storage site and the
repository site. Such procedures shall be established
in consultation with the designated emergency serv-
ices planning management official for any State or
Indian tribe affected by the rail routes selected.
‘‘SEC. 203. TRANSPORTATION REQUIREMENTS.
‘‘(a) PACKAGE CERTIFICATION.—No spent nuclear
fuel or high-level radioactive waste may be transported by
or for the Secretary under this Act except in packages that
have been certified for such purposes by the Commission.
‘‘(b) STATE NOTIFICATION.—The Secretary shall
abide by regulations of the Commission regarding advance
notification of State and local governments prior to trans-
portation of spent nuclear fuel or high-level radioactive
waste under this Act.
‘‘(c) TECHNICAL ASSISTANCE.—
‘‘(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
substantial amounts of spent nuclear fuel or high-
level radioactive waste for training for public safety
officials of appropriate units of local government.
Training shall cover procedures required for safe
routine transportation of these materials, as well as
procedures for dealing with emergency response situ-
ations. The Secretary’s duty to provide technical and
financial assistance under this subsection shall be
limited to amounts specified in annual appropria-
tions.
‘‘(2) EMPLOYEE ORGANIZATIONS.—
‘‘(A) IN
GENERAL.—The Secretary shall
provide technical assistance and funds for train-
ing directly to nonprofit employee organiza-
tions, voluntary emergency response organiza-
tion, and joint labor-management organizations
that demonstrate experience in implementing
and operating worker health and safety training
and education programs and demonstrate the
ability to reach and involve in training pro-
grams target populations of workers who are or
will be directly engaged in the transportation of
spent nuclear fuel and high-level radioactive
waste or emergency response or post-emergency
response with respect to such transportation.
‘‘(B) 
TRAINING.—Training 
under 
this
paragraph—
‘‘(i) shall cover procedures required
for safe routine transportation of materials
and procedures for dealing with emergency
response 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
radioactive waste;
‘‘(II) instruction of public safety
officers in procedures for the com-
mand and control of the response to
any incident involving the waste; and
‘‘(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
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 consultation with the Secretary, that private industry
is unable or unwilling to provide such transportation serv-
ices 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 commer-
cial motor vehicles), 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 Sec-
retary of Transportation, pursuant to authority
under other provisions of law, in consultation with
the Secretary of Labor and the Commission, shall
promulgate a regulation establishing training stand-
ards applicable to workers directly involved in the re-
moval and transportation of spent nuclear fuel and
high-level radioactive waste. The regulation shall
specify minimum training standards applicable to
workers, including managerial personnel. The regu-
lation shall require that the employer possess evi-
dence of satisfaction of the applicable training
standard before any individual may be employed in
the removal and transportation 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 existing Federal regulations establish adequate
training standards for workers, then the Secretary
of Transportation can refrain from promulgating ad-
ditional regulations with respect to worker training
in such activities. The Secretary of Transportation
and the Commission shall use their Memorandum of
Understanding to ensure coordination of worker
training standards and to avoid duplicative regula-
tion.
‘‘(3) 
TRAINING
STANDARDS
CONTENT.—If
training standards are required to be promulgated
under paragraph (1), such standards shall, among
other things deemed necessary and appropriate by
the Secretary of Transportation, provide for—
‘‘(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
removal and transportation of spent nuclear
fuel and high-level radioactive waste.
The Secretary of Transportation may specify an ap-
propriate combination of knowledge, skills, and prior
training to fulfill the minimum number of hours re-
quirements of subparagraphs (A) and (B).
‘‘(4) 
EMERGENCY
RESPONDER
TRAINING
STANDARDS.—The training standards for persons
responsible for responding to emergency situations
occurring during the removal and transportation of
spent nuclear fuel and high-level radioactive waste
shall, in accordance with existing regulations, ensure
their ability to protect nearby persons, property, or
the environment from the effects of accidents involv-
ing spent nuclear fuel and high-level radioactive
waste.
‘‘(5) AUTHORIZATION.—There is authorized to
be appropriated to the Secretary of Transportation,
from general revenues, such sums as may be nec-
essary to perform his duties under this subsection.
‘‘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 facil-
ity shall be subject to licensing pursuant to the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.) in accord-
ance with the Commission’s regulations governing the li-
censing of independent spent fuel storage installations and
shall commence operation in phases by January 31, 2002.
The interim 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 fa-
cility shall provide for the use of storage technologies li-
censed or certified by the Commission for use at the in-
terim storage facility as necessary to ensure compatibility
between the interim storage facility and contract holders’
spent nuclear fuel and facilities, and to facilitate the Sec-
retary’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 Janu-
ary 31, 2002.
‘‘(2) FIRST PHASE.—No later than 12 months
after the date of enactment of this Act, the Sec-
retary shall submit to the Commission an application
for a license for the first phase of the interim stor-
age facility. The license issued for the first phase of
the interim storage facility shall have a term of 20
years. The interim storage facility licensed in the
first phase shall have a capacity of not more than
10,000 MTU. The Commission shall issue a final de-
cision granting or denying the application for the
first phase license no later than 36 months from the
date of the submittal of the application for such li-
cense.
‘‘(3) SECOND PHASE.—The Secretary shall sub-
mit to the Commission an application for a license
for the second phase interim storage facility. The li-
cense for the second phase facility shall authorize a
storage capacity of 40,000 MTU. The license for the
second phase shall have an initial term of up to 100
years, and shall be renewable for additional terms
upon application of the Secretary.
‘‘(d) ADDITIONAL AUTHORITY.—
‘‘(1) CONSTRUCTION.—For the purpose of com-
plying with subsection (a), the Secretary may com-
mence site preparation for the interim storage facil-
ity as soon as practicable after the date of enact-
ment of this Act and shall commence construction of
the first phase of the interim storage facility subse-
quent to submittal of the license application except
that the Commission shall issue an order suspending
such construction at any time if the Commission de-
termines that such construction poses an unreason-
able risk to public health and safety or the environ-
ment. The Commission shall terminate all or part of
such order upon a determination that the Secretary
has taken appropriate action to eliminate such risk.
‘‘(2) FACILITY USE.—Notwithstanding any oth-
erwise applicable licensing requirement, the Sec-
retary may utilize any facility owned by the Federal
Government on the date of enactment of this Act
‘‘(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.
‘‘(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 obliga-
tion to construct and operate the interim storage facility
in accordance with this section and the Secretary’s obliga-
tion to develop an integrated management system in ac-
cordance with the provisions of this Act, shall provide suf-
ficient and independent grounds for any further findings
by the Commission of reasonable assurance that spent nu-
‘‘(2) SITE
CHARACTERIZATION
ACTIVITIES.—
The Secretary shall carry out appropriate site char-
acterization activities at the Yucca Mountain site in
accordance 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 authorization to construct a repository that will
commence operations no later than January 17,
2010. If, at any time prior to the filing of such ap-
plication, the Secretary determines that the Yucca
Mountain site cannot satisfy the Commission’s regu-
lations applicable to the licensing of a geologic re-
pository, the Secretary shall terminate site charac-
terization activities at the site, notify Congress and
the State of Nevada of the Secretary’s determination
and the reasons therefor, and recommend to Con-
gress not later than 6 months after such determina-
tion further actions, including the enactment of leg-
islation, 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 en-
actment of this Act, the Commission shall amend its regu-
lations governing the disposal of spent nuclear fuel and
high-level radioactive waste in geologic repositories to the
extent necessary to comply with this Act. Subject to sub-
section (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
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.
‘‘(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 oper-
ate—
‘‘(A) in conformity with the Secretary’s ap-
plication, 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.
‘‘(3) CLOSURE.—After emplacing spent nuclear
fuel and high-level radioactive waste in the reposi-
tory and collecting sufficient confirmatory data on
repository performance to reasonably confirm the
basis for repository closure consistent with the Com-
mission’s regulations applicable to the licensing of a
repository, as modified in accordance with this Act,
the Secretary shall apply to the Commission to
amend the license to permit permanent closure of
the repository. The Commission shall grant such li-
cense amendment upon finding that there is reason-
able assurance that the repository can be perma-
nently closed—
‘‘(A) in conformity with the Secretary’s ap-
plication to amend the license, the provisions of
this Act, and the regulations of the Commis-
sion;
‘‘(B) 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 subsequent to repository closure that poses an
unreasonable risk of—
‘‘(A) breaching the repository’s engineered
or geologic barriers: or
‘‘(B) increasing the exposure of individual
members of the public to radiation beyond the
release standard established in subsection
(d)(1).
‘‘(c) MODIFICATION
OF
REPOSITORY
LICENSING
PROCEDURE.—The Commission’s regulations shall pro-
vide for the modification of the repository licensing proce-
dure, as appropriate, in the event that the Secretary seeks
a license to permit the emplacement in the repository, on
a retrievable basis, of only that quantity of spent nuclear
fuel or high-level radioactive waste that is necessary to
provide the Secretary with sufficient confirmatory data on
repository performance to reasonably confirm the basis for
repository closure consistent with applicable regulations.
‘‘(d) LICENSING STANDARDS.—Notwithstanding any
other provision of law, the Administrator of the Environ-
mental Protection Agency shall not promulgate, by rule
or otherwise, standards for protection of the public from
releases of radioactive materials or radioactivity from the
repository and any such standards existing on the date
of enactment of this Act shall not be incorporated in the
Commission’s licensing regulations. The Commission’s re-
pository licensing determinations for the protection of the
public shall be based solely on a finding whether the repos-
itory can be operated in conformance with the overall sys-
tem performance standard established in paragraph
(1)(A) and applied in accordance with the provisions of
paragraph (1)(B). The Commission shall amend its regu-
lations in accordance with subsection (b) to incorporate
each of the following licensing standards:
‘‘(1) RELEASE STANDARD.—
‘‘(A) ESTABLISHMENT OF OVERALL SYS-
TEM PERFORMANCE STANDARD.—The standard
for protection of the public from release of ra-
dioactive material or radioactivity from the re-
pository shall prohibit releases that would ex-
pose an average member of the general popu-
lation in the vicinity of the Yucca Mountain site
to an annual dose in excess of 100 millirems
unless the Commission, in consultation with the
Administrator of the Environmental Protection
Agency, determines by rule that such standard
would not provide for adequate protection of
the health and safety of the public and estab-
lishes by rule another standard which will pro-
vide for adequate protection of the health and
safety of the public. Such standard shall con-
stitute an overall system performance standard.
‘‘(B) APPLICATION OF OVERALL SYSTEM
PERFORMANCE
STANDARD.—The Commission
shall issue the license if it finds reasonable as-
surance that—
‘‘(i) for the first 1,000 years following
the commencement of repository oper-
ations, the overall system performance
standard will be met based on a deter-
ministic or probabilistic evaluation of the
overall performance of the disposal system;
and
‘‘(ii) for the period commencing after
the first 1,000 years of operation of the re-
pository and terminating at 10,000 years
after the commencement of operation of
the repository, there is likely to be compli-
ance with the overall system performance
standard based on regulatory insight
gained through the use of a probabilistic
integrated performance model that uses
best estimate assumptions, data, and
methods.
‘‘(2) HUMAN
INTRUSION.—The Commission
shall assume that, following repository closure, the
inclusion of engineered barriers and the Secretary’s
post-closure actions at the Yucca Mountain site, in
accordance with subsection (b)(3), shall be sufficient
to—
‘‘(A) prevent any human activity at the
site that poses an unreasonable risk of breach-
ing the repository’s engineered or geologic bar-
riers; and
licensing 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, appropria-
tion, and disposal under the public land laws, includ-
ing 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 op-
eration, respectively, of the interim storage facility
and the repository and activities associated with the
purposes of this title.
‘‘(b) LAND DESCRIPTION.—
‘‘(1) BOUNDARIES.—The boundaries depicted
on the map entitled ‘Interim Storage Facility Site
Withdrawal 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 With-
drawal Map,’ dated July 28, 1995, and on file with
the Secretary, are established as the boundaries of
the Yucca Mountain site.
‘‘(3) NOTICE AND MAPS.—Within 6 months of
the date of enactment of this Act, the Secretary
shall—
‘‘(A) publish in the Federal Register a no-
tice containing a legal description of the interim
storage facility site; and
‘‘(B) file copies of the maps described in
paragraph (1), and the legal description of the
interim storage facility site with the Congress,
the Secretary of the Interior, the Governor of
Nevada, and the Archivist of the United States.
‘‘(4) NOTICE AND MAPS.—Concurrent with the
Secretary’s application to the Commission for au-
thority to construct the repository, the Secretary
shall—
‘‘(A) publish in the Federal Register a no-
tice containing a legal description of the Yucca
Mountain site; and
‘‘(B) file copies of the maps described in
paragraph (2), and the legal description of the
Yucca Mountain site with the Congress, the
Secretary of the Interior, the Governor of Ne-
vada, and the Archivist of the United States.
‘‘(5) 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 cler-
ical and typographical errors in the maps and legal
descriptions and make minor adjustments in the
boundaries of the sites.
‘‘SEC. 207. APPLICABILITY.
‘‘Nothing in this Act shall affect the application of
chapter 51 of title 49, United States Code; part A of sub-
title V of title 49, United States Code; part B of subtitle
VI of title 49, United States Code; and title 23, United
States Code.
‘‘TITLE III—LOCAL RELATIONS
‘‘SEC. 301. ON-SITE REPRESENTATIVE.
‘‘The Secretary shall offer to Nye County, Nevada,
an opportunity to designate a representative to conduct
on-site oversight activities at the Yucca Mountain site.
Reasonable expenses of such representatives shall be paid
by the Secretary.
‘‘SEC. 302. BENEFITS AGREEMENTS.
‘‘(a) IN GENERAL.—
‘‘(1) SEPARATE AGREEMENTS.—The Secretary
shall offer to enter into separate agreements with
Nye County, Nevada, and Lincoln County, Nevada,
concerning the integrated management system.
‘‘(2) 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 Nye County, Nevada,
and Lincoln County, Nevada.
‘‘(b) AMENDMENT.—An agreement entered into
under subsection (a) may be amended only with the mu-
tual consent of the parties to the amendment and termi-
nated only in accordance with subsection (c).
‘‘(c) TERMINATION.—The Secretary shall terminate
an agreement under subsection (a) if any element of the
integrated management system may not be completed.
‘‘(d) LIMITATION.—Only 1 agreement each for 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. 303. CONTENT OF AGREEMENTS.
‘‘(a) IN GENERAL.—
‘‘(1) SCHEDULE.—The Secretary, subject to ap-
propriations, shall make payments to the party of a
benefits agreement under section 302(a) in accord-
ance with the following schedule:
‘‘BENEFITS SCHEDULE
[Amounts in millions]
Event
County
(A) Annual payments prior to first receipt of fuel .............................
$2.5
(B) Upon first spent fuel receipt ........................................................
$5
(C) Annual payments after first spent fuel receipt until closure of
facility .............................................................................................
$5
‘‘(2) DEFINITIONS.—For purposes of this sec-
tion, 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 line (A) of the
benefit schedule shall be made on the date of execu-
tion of the benefits agreement and thereafter on the
anniversary date of such execution. Annual pay-
ments after the first spent fuel receipt until closure
of the facility under line (C) of the benefit schedule
shall be made on the anniversary date of such first
spent fuel receipt.
‘‘(4) REDUCTION.—If the first spent fuel pay-
ment under line (B) is made within 6 months after
the last annual payment prior to the receipt of spent
fuel under line (A) of the benefit schedule, such first
spent fuel payment under line (B) of the benefit
schedule shall be reduced by an amount equal to 1⁄12
of such annual payment under line (A) of the benefit
schedule for each full month less than 6 that has not
elapsed since the last annual payment under line (A)
of the benefit schedule.
‘‘(b) CONTENTS.—A benefits agreement under sec-
tion 302 shall provide that—
‘‘(1) the parties to the agreement shall share
with one another information relevant to the licens-
ing process for the interim storage facility or reposi-
tory, as it becomes available; and
‘‘(2) the affected unit of local government that
is party to such agreement may comment on the de-
velopment of the integrated management system and
on documents required under law or regulations gov-
erning the effects of the system on the public health
and safety.
‘‘(c) CONSTRUCTION.—The signature of the Sec-
retary on a valid benefits agreement under section 302
shall constitute a commitment by the United States to
make payments in accordance with such agreement.
‘‘SEC. 304. ACCEPTANCE OF BENEFITS.
‘‘(a) CONSENT.—The acceptance or use of any of the
benefits provided under this title by any affected unit of
local government shall not be deemed to be an expression
of consent, express, or denied, either under the Constitu-
tion of the State of Nevada or any law thereof, 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 equitable estoppel, or acquiescence, or waiver, or con-
sensual involvement, in response to any decision by the
State of Nevada, to oppose the siting in Nevada of the
interim storage facility or repository premised upon or re-
lated 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. 305. RESTRICTION ON USE OF FUNDS.
‘‘None of the funding provided under section 303
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.
‘‘SEC. 306. INITIAL LAND CONVEYANCES.
‘‘(a) CONVEYANCE OF PUBLIC LANDS.—Within 120
days after October 1, 1998, the Secretary of the Interior,
or other agency with jurisdiction over the public lands de-
scribed in subsection (b), shall convey the public lands de-
scribed in subsection (b) to the appropriate county, unless
the county notifies the Secretary of the Interior or the
head of such other appropriate agency in writing within
60 days of such date of enactment that it elects not to
take title to all or any part of the property, except that
any lands conveyed to the County of Nye, County of Lin-
coln, or the City of Caliente under this subsection that
are subject to a Federal grazing permit or a similar feder-
ally granted privilege shall be conveyed between 60 and
120 days of the earliest time the Federal agency admin-
istering or granting the privilege would be able to legally
terminate such privilege under the statutes and regula-
tions existing on October 1, 1998, unless the Federal
agency, county or city, and the affected holder of the privi-
lege negotiate an agreement that allows for an earlier con-
veyance, but in no case to occur earlier than October 1,
1998.
‘‘(b) SPECIAL CONVEYANCES.—Subject to valid exist-
ing rights and notwithstanding any other law, the Sec-
retary of the Interior or the head of the other appropriate
agency shall convey:
‘‘(1) To the County of Nye, Nevada, the follow-
ing public lands depicted on the maps dated October
11, 1995, and on file with the Secretary:
‘‘Map 1: Proposed Pahrump Industrial
Park Site
‘‘Map 2: Proposed Lathrop Wells (Gate
510) Industrial Park Site
‘‘Map 3: Pahrump Landfill Sites
‘‘Map 4: Amargosa Valley Regional Land-
fill Site
‘‘Map 5: Amargosa Valley Municipal Land-
fill Site
‘‘Map 6: Beatty Landfill/Transfer station
Site
‘‘Map 7: Round Mountain Landfill Site
‘‘Map 8: Tonopah Landfill Site
‘‘Map 9: Gabbs Landfill Site.
‘‘(2) To the County of Lincoln, Nevada, the fol-
lowing public lands depicted on the maps dated Oc-
tober 11, 1995, and on file with the Secretary:
‘‘Map 2: Lincoln County, Parcel M, Indus-
trial Park Site, Jointly with the City of Caliente
‘‘Map 3: Lincoln County, Parcels F and G,
Mixed Use, Industrial Sites
‘‘Map 4: Lincoln County, Parcels H and I,
Mixed Use and Airport Expansion Sites
‘‘Map 5: Lincoln County, Parcels J and K,
Mixed Use, Airport and Landfill Expansion
Sites
‘‘Map 6: Lincoln County, Parcels E and L,
Mixed Use, Airport and Industrial Expansion
Sites.
‘‘(3) To the City of Caliente, Nevada, the fol-
lowing public lands depicted on the maps dated Oc-
tober 11, 1995, and on file with the Secretary:
‘‘Map 1: City of Caliente, Parcels A, B, C
and D, Community Growth, Landfill Expansion
and Community Recreation Sites
‘‘Map 2: City of Caliente, Parcel M, Indus-
trial Park Site, jointly with Lincoln County.
‘‘(c) NATIONAL ENVIRONMENTAL POLICY ACT OF
1969.—The activities of the Secretary and the head of any
other Federal agency in connection with subsections (a)
and (b) shall be considered preliminary decision making
activities. No such activity shall require the preparation
of an environmental impact statement under section
102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) or any environmental review
under subparagraph (E) or (F) of section 102(2) of such
Act.
‘‘SEC. 307. PAYMENTS EQUAL TO TAXES.
‘‘(a) TAXABLE AMOUNTS.—In addition to financial
assistance provided under this title, the Secretary is au-
thorized to grant to any affected Indian tribe or affected
unit of local government an amount each fiscal year equal
to the amount such affected Indian tribe or affected unit
of local government, respectively, would receive if author-
ized to tax integrated management system activities, as
such affected Indian tribe or affected unit of local govern-
ment taxes the non-Federal real property and industrial
activities occurring within such affected unit of local gov-
ernment.
‘‘(b) TERMINATION.—Such grants shall continue
until such time as all such activities, development, and op-
erations are terminated at such site.
‘‘(c) ASSISTANCE TO INDIAN TRIBES AND UNITS OF
LOCAL GOVERNMENT.—
‘‘(1) PERIOD.—Any affected Indian tribe or af-
fected unit of local government may not receive any
grant under subsection (a) after the expiration of
the 1-year period following the date on which the
Secretary notifies the affected Indian tribe or af-
fected unit of local government of the termination of
the operation of the integrated management system.
‘‘(2) ACTIVITIES.—Any affected Indian tribe or
affected unit of local government may not receive
any further assistance under this section if the inte-
grated management system activities at such site are
terminated by the Secretary or if such activities are
permanently enjoined by any court.
‘‘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 con-
tracts with any person who generates or holds title
to spent nuclear fuel or high-level radioactive waste
of domestic origin for the acceptance of title and
possession, transportation, interim storage, and dis-
posal of such spent fuel or waste upon the payment
of fees in accordance with paragraphs (2) and (3).
Except as provided in paragraph (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.—
‘‘(i) IN GENERAL.—Under a contract
entered into under paragraph (1) there
shall be a fee for electricity generated by
civilian nuclear power reactors and sold on
or after the date of enactment of this Act.
The aggregate amount of such fees col-
lected during each fiscal year shall be no
greater than the annual level of appropria-
tions for expenditures on the integrated
management system for that fiscal year,
minus—
‘‘(I) any unobligated balance of
fees collected during the previous fis-
cal year; and
‘‘(II) such appropriations re-
quired to be funded by the Federal
Government pursuant to section 403.
‘‘(ii) FEE
LEVEL.—The Secretary
shall determine the level of the annual fee
for each civilian nuclear power reactor
based on the amount of electricity gen-
erated and sold, except that for the period
commencing with fiscal year 1999 and con-
tinuing through the fiscal year in which
disposal at the repository commences—
‘‘(I) the average annual fee col-
lected under this subparagraph shall
not exceed 1.0 mill per-kilowatt hour
generated and sold; and
‘‘(II) the fee in any fiscal year in
such period shall not exceed 1.5 mill
per kilowatt hour generated and sold.
Thereafter, the annual fee collected under
this subparagraph shall not exceed 1.0 mill
per-kilowatt hour generated and sold. Fees
assessed pursuant to this subparagraph
shall be paid to the Treasury of the United
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 pre-
vious fiscal year, and
‘‘(ii) such appropriations required to
be funded by the Federal Government pur-
suant to section 403,
the Secretary may make expenditures from the
Nuclear Waste Fund up to the level of appro-
priations.
‘‘(C) RULES.—The Secretary shall, by
rule, establish procedures necessary to imple-
ment this paragraph.
‘‘(3) ONE-TIME FEES.—The one-time fees col-
lected under contracts executed under section 302(a)
of the Nuclear Waste Policy Act of 1982 before the
date of enactment of this Act on spent nuclear fuel,
or high-level radioactive waste derived from spent
nuclear fuel, which fuel was used to generate elec-
tricity in a civilian nuclear power reactor before
April 7, 1983, shall be paid to the Nuclear Waste
Fund. The Secretary shall collect all such fees before
the expiration of fiscal year 2002. The Commission
shall suspend the license of any licensee who fails or
refuses to pay the full amount of the fee referred to
in this paragraph and the license shall remain sus-
pended until the full amount of the fee referred to
in this paragraph is paid. In paying such a fee, the
person delivering such spent nuclear fuel or high-
level radioactive wastes, to the Secretary shall have
no further financial obligation under this paragraph
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 subsection (a).
‘‘(B) PRECONDITION.—The Commission,
as it deems necessary or appropriate, may re-
quire as a precondition to the issuance or re-
newal of a license under section 103 or 104 of
the Atomic Energy Act of 1954 (42 U.S.C.
2133, 2134) that the applicant for such license
shall have entered into an agreement with the
Secretary for the disposal of spent nuclear fuel
and high-level radioactive waste that may result
from the use of such license.
‘‘(2) DISPOSAL
IN
REPOSITORY.—Except as
provided 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 Sec-
retary 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
Secretary at the interim storage facility or repository
in the integrated management system developed
under this Act unless, in each fiscal year, such de-
partment funds its appropriate portion of the costs
of such storage and disposal as specified in section
403.
‘‘(c) NUCLEAR WASTE FUND.—
‘‘(1) IN GENERAL.—The Nuclear Waste Fund
established 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 consist of—
‘‘(A) all receipts, proceeds, and recoveries
realized by the Secretary before the date of en-
actment of this Act;
‘‘(B) any appropriations made by the Con-
gress before the date of enactment of this Act
to the Nuclear Waste Fund;
‘‘(C) all interest paid on amounts invested
by the Secretary of the Treasury under para-
graph (3)(B); and
‘‘(D) the one-time fees collected pursuant
to subsection (a)(3).
‘‘(2) USE.—The Nuclear Waste Fund shall be
used only for purposes of the integrated manage-
ment 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, an-
nually report to the Congress on the financial
condition 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 Sec-
retary may request the Secretary of the Treas-
ury to invest such amounts, or any portion of
such amounts as the Secretary determines to be
appropriate, 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 out-
standing marketable obligations of the
United States with remaining periods to
maturity comparable to the maturities of
such investments, except that the interest
rate on such investments shall not exceed
the average interest rate applicable to ex-
isting 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
annual apportionment under the provisions of
subchapter 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 this Act under
this section and section 403, up to the level of appropria-
tions for that fiscal year pursuant to subsection (f) only
for purposes of the integrated management system.
‘‘(e) PROHIBITION ON USE OF APPROPRIATIONS AND
NUCLEAR WASTE FUND.—The Secretary shall not make
expenditures of funds collected pursuant to this section or
section 403 to design or construct packages for the trans-
portation, 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 suc-
ceeding 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 col-
lected pursuant to this section and section 403, if
the Secretary transmits the amounts appropriated
for implementation of this Act to the Commission
and the Nuclear Waste Technical Review Board in
appropriate proportion to the collection of such
funds.
‘‘(g) EFFECTIVE DATE.—This section shall take ef-
fect October 1, 1998, and section 302 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10222) shall con-
tinue in effect until October 1, 1998.
‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN-
AGEMENT.
‘‘(a) CONTINUATION OF OFFICE OF CIVILIAN RADIO-
ACTIVE WASTE MANAGEMENT.—The Office of Civilian
Radioactive Waste Management established under section
304(a) of the Nuclear Waste Policy Act of 1982 as con-
stituted prior to the date of enactment of this Act, shall
continue in effect subsequent to the date of enactment of
this Act.
‘‘(b) FUNCTIONS OF DIRECTOR.—The Director of the
Office shall be responsible for carrying out the functions
of the Secretary under this Act, subject to the general su-
pervision of the Secretary. The Director of the Office shall
be directly responsible to the Secretary.
‘‘(c) AUDITS.—
‘‘(1) STANDARD.—The Office of Civilian Radio-
active Waste Management, its contractors, and sub-
contractors at all tiers, shall conduct, or have con-
ducted, audits and examinations of their operations
in accordance with the usual and customary prac-
tices of private corporations engaged in large nuclear
construction projects consistent with its role in the
program.
‘‘(2) TIME.—The management practices and
performances of the Office of Civilian Radioactive
Waste Management shall be audited every 5 years
by an independent management consulting firm with
significant experience in similar audits of private
corporations engaged in large nuclear construction
projects. The first such audit shall be conducted 5
years after the date of enactment of this Act.
‘‘(3) COMPTROLLER GENERAL.—The Comptrol-
ler General of the United States shall annually make
an audit of the Office, in accordance with such regu-
lations as the Comptroller General may prescribe.
The Comptroller General shall have access to such
books, records, accounts, and other materials of the
Office as the Comptroller General determines to be
necessary for the preparation of such audit. The
Comptroller General shall submit to the Congress a
report on the results of each audit conducted under
this section.
‘‘(4) TIME.—No audit contemplated by this
subsection shall take longer than 30 days to con-
duct. An audit report shall be issued in final form
no longer than 60 days after the audit is com-
menced.
‘‘(5) PUBLIC
DOCUMENTS.—All audit reports
shall be public documents and available to any indi-
vidual upon request.
‘‘SEC. 403. DEFENSE CONTRIBUTION.
‘‘(a) ALLOCATION.—No later than one year from the
date of enactment of this Act, acting pursuant to section
553 of title 5, United States Code, the Secretary shall
issue a final rule establishing the appropriate portion of
the costs of managing spent nuclear fuel and high-level
radioactive waste under this Act allocable to the interim
storage or permanent disposal of spent nuclear fuel, high-
level radioactive waste from atomic energy defense activi-
ties, and spent nuclear fuel from foreign research reactors.
The share of costs allocable to the management of spent
nuclear fuel, high-level radioactive waste from atomic en-
ergy defense activities, and spent nuclear fuel from foreign
research reactors shall include—
‘‘(1) an appropriate portion of the costs associ-
ated with research and development activities with
respect 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 general revenues in amounts sufficient to pay the
costs of the management of materials described in sub-
section (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, and spent nuclear fuel from for-
eign research reactors requiring management in the inte-
grated management system.
‘‘(d) AUTHORIZATION.—There is authorized to be ap-
propriated to the Secretary, from general revenues, for
carrying out the purposes of this Act, such sums as may
be necessary to pay the costs of the management of spent
nuclear fuel and high-level radioactive waste from atomic
energy 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 of 1954 (42 U.S.C. 2011 et seq.) and this Act, the
Secretary shall comply only with the requirements of the
Atomic Energy Act of 1954 and this Act in implementing
the integrated management system. Any requirement of
a State or political subdivision of a State is preempted
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. WATER RIGHTS.
‘‘(a) NO FEDERAL RESERVATION.—Nothing in this
Act or any other Act of Congress shall constitute or be
construed to constitute either an express or implied Fed-
eral reservation of water or water rights for any purpose
arising under this Act.
‘‘(b) ACQUISITION
AND
EXERCISE
OF
WATER
RIGHTS UNDER NEVADA LAW.—The United States may
acquire and exercise such water rights as it deems nec-
essary to carry out its responsibilities under this Act pur-
suant to the substantive and procedural requirements of
the State of Nevada. Nothing in this Act shall be con-
strued to authorize the use of eminent domain by the
United States to acquire water rights.
‘‘(c) EXERCISE
OF WATER RIGHTS GENERALLY
UNDER NEVADA LAWS.—Nothing in this Act shall be con-
strued to limit the exercise of water rights as provided
under Nevada State laws.
‘‘SEC. 503. JUDICIAL REVIEW OF AGENCY ACTIONS.
‘‘(a) JURISDICTION OF UNITED STATES COURTS OF
APPEALS.—
‘‘(1) ORIGINAL
AND
EXCLUSIVE
JURISDIC-
TION.—Except for review in the Supreme Court of
the United States, and except as otherwise provided
in this Act, the United States courts of appeals shall
have original and exclusive jurisdiction over any civil
action—
‘‘(A) for review of any final decision or ac-
tion of the Secretary, the President, or the
Commission under this Act;
‘‘(B) alleging the failure of the Secretary,
the President, or the Commission to make any
decision, or take any action, required under this
Act;
‘‘(C) challenging the constitutionality of
any decision made, or action taken, under any
provision of this Act; or
‘‘(D) for review of any environmental im-
pact statement prepared or environmental as-
sessment made pursuant to the National Envi-
ronmental 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 state-
ment 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 the party
did not know of the decision or action complained of or
of the failure to act, and that a reasonable person acting
under the circumstances would not have known of such
decision, action, or failure to act, such party may bring
a civil action no later than 180 days after the date such
party acquired actual or constructive knowledge of such
decision, action, or failure to act.
‘‘(c) APPLICATION OF OTHER LAW.—The provisions
of this section relating to any matter shall apply in lieu
of the provisions of any other Act relating to the same
matter.
‘‘SEC. 504. LICENSING OF FACILITY EXPANSIONS AND
TRANSSHIPMENTS.
‘‘(a) ORAL ARGUMENT.—In any Commission hearing
under section 189 of the Atomic Energy Act of 1954 (42
U.S.C. 2239) on an application for a license, or for an
amendment to an existing license, filed after January 7,
1983, to expand the spent nuclear fuel storage capacity
at the site of a civilian nuclear power reactor, through the
use of high-density fuel storage racks, fuel rod compac-
tion, the transshipment of spent nuclear fuel to another
civilian nuclear power reactor within the same utility sys-
tem, the construction of additional spent nuclear fuel pool
capacity or dry storage capacity, or by other means, the
Commission shall, at the request of any party, provide an
opportunity for oral argument with respect to any matter
which the Commission determines to be in controversy
among the parties. The oral argument shall be preceded
by such discovery procedures as the rules of the Commis-
sion shall provide. The Commission shall require each
party, including the Commission staff, to submit in writ-
ten form, at the time of the oral argument, a summary
of the facts, data, and arguments upon which such party
proposes to rely that are known at such time to such
party. Only facts and data in the form of sworn testimony
or written submission may be relied upon by the parties
during oral argument. Of the materials that may be sub-
mitted by the parties during oral argument, the Commis-
sion shall only consider those facts and data that are sub-
mitted in the form of sworn testimony or written submis-
sion.
‘‘(b) ADJUDICATORY HEARING.—
‘‘(1) DESIGNATION.—At the conclusion of any
oral argument under subsection (a), the Commission
shall designate any disputed question of fact, to-
gether with any remaining questions of law, for reso-
lution in an adjudicatory hearing only if it deter-
mines that—
‘‘(A) there is a genuine and substantial
dispute of fact which can only be resolved with
sufficient accuracy by the introduction of evi-
dence in an adjudicatory hearing; and
‘‘(B) the decision of the Commission is
likely to depend in whole or in part on the reso-
lution of such dispute.
‘‘(2) DETERMINATION.—In making a deter-
mination under this subsection, the Commission—
‘‘(A) shall designate in writing the specific
facts that are in genuine and substantial dis-
pute, the reason why the decision of the agency
is likely to depend on the resolution of such
facts, and the reason why an adjudicatory hear-
ing is likely to resolve the dispute; and
‘‘(B) shall not consider—
‘‘(i) any issue relating to the design,
construction, or operation of any civilian
nuclear power reactor already licensed to
operate at such site, or any civilian nuclear
power reactor to which a construction per-
mit has been granted at such site, unless
the Commission determines that any such
issue substantially affects the design, con-
struction, or operation of the facility or ac-
tivity for which such license application,
authorization, or amendment is being con-
sidered; or
‘‘(ii) any siting or design issue fully
considered and decided by the Commission
in connection with the issuance of a con-
struction permit or operating license for a
civilian nuclear power reactor at such site,
unless—
‘‘(I) such issue results from any
revision of siting or design criteria by
the Commission following such deci-
sion; and
‘‘(II) the Commission determines
that such issue substantially affects
the design, construction, or operation
of the facility or activity for which
such license application, authorization,
or amendment is being considered.
‘‘(3) APPLICATION.—The provisions of para-
graph (2)(B) shall apply only with respect to li-
censes, authorizations, or amendments to licenses or
authorizations, applied for under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) before Decem-
ber 31, 2005.
‘‘(4) CONSTRUCTION.—The provisions of this
section shall not apply to the first application for a
license or license amendment received by the Com-
mission to expand onsite spent fuel storage capacity
by the use of a new technology not previously ap-
proved for use at any nuclear power plant by the
Commission.
‘‘(c) JUDICIAL REVIEW.—No court shall hold unlaw-
ful or set aside a decision of the Commission in any pro-
ceeding described in subsection (a) because of a failure
by the Commission to use a particular procedure pursuant
to this section unless—
‘‘(1) an objection to the procedure used was
presented to the Commission in a timely fashion or
there are extraordinary circumstances that excuse
the failure to present a timely objection; and
‘‘(2) the court finds that such failure has pre-
cluded a fair consideration and informed resolution
of a significant issue of the proceeding taken as a
whole.
‘‘SEC. 505. SITING A SECOND REPOSITORY.
‘‘(a) CONGRESSIONAL ACTION REQUIRED.—The Sec-
retary may not conduct site-specific activities with respect
to a second repository unless Congress has specifically au-
thorized and appropriated funds for such activities.
‘‘(b) REPORT.—The Secretary shall report to the
President and to Congress on or after January 1, 2007,
but not later than January 1, 2010, on the need for a
second repository.
‘‘SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL
RADIOACTIVE WASTE SITE CLOSURE.
‘‘(a) FINANCIAL ARRANGEMENTS.—
‘‘(1) STANDARDS
AND
INSTRUCTIONS.—The
Commission shall establish by rule, regulation, or
order, after public notice, and in accordance with
section 181 of the Atomic Energy Act of 1954 (42
U.S.C. 2231), such standards and instructions as
the Commission may deem necessary or desirable to
ensure in the case of each license for the disposal of
low-level radioactive waste that an adequate bond,
surety, or other financial arrangement (as deter-
mined by the Commission) will be provided by a li-
censee to permit completion of all requirements es-
tablished by the Commission for the decontamina-
tion, decommissioning, site closure, and reclamation
of sites, structures, and equipment used in conjunc-
tion with such low-level radioactive waste. Such fi-
nancial arrangements shall be provided and ap-
proved by the Commission, or, in the case of sites
within the boundaries of any agreement State under
section 274 of the Atomic Energy Act of 1954 (42
U.S.C. 2021), by the appropriate State or State en-
tity, prior to issuance of licenses for low-level radio-
active waste disposal or, in the case of licenses in ef-
fect on January 7, 1983, prior to termination of
such licenses.
‘‘(2) BONDING, SURETY, OR OTHER FINANCIAL
ARRANGEMENTS.—If the Commission determines
that any long-term maintenance or monitoring, or
both, will be necessary at a site described in para-
graph (1), the Commission shall ensure before termi-
nation of the license involved that the licensee has
made available such bonding, surety, or other finan-
cial arrangements as may be necessary to ensure
that any necessary long-term maintenance or mon-
itoring needed for such site will be carried out by
the person having title and custody for such site fol-
lowing license termination.
‘‘(b) TITLE AND CUSTODY.—
‘‘(1) AUTHORITY
OF
SECRETARY.—The Sec-
retary shall have authority to assume title and cus-
tody of low-level radioactive waste and the land on
which such waste is disposed of, upon request of the
owner of such waste and land and following termi-
nation of the license issued by the Commission for
such disposal, if the Commission determines that—
‘‘(A) the requirements of the Commission
for site closure, decommissioning, and decon-
tamination have been met by the licensee in-
volved and that such licensee is in compliance
with the provisions of subsection (a);
‘‘(B) such title and custody will be trans-
ferred to the Secretary without cost to the Fed-
eral Government; and
‘‘(C) Federal ownership and management
of such site is necessary or desirable in order to
protect the public health and safety, and the
environment.
‘‘(2) PROTECTION.—If the Secretary assumes
title and custody of any such waste and land under
this subsection, the Secretary shall maintain such
waste and land in a manner that will protect the
public health and safety, and the environment.
‘‘(c) SPECIAL SITES.—If the low-level radioactive
waste involved is the result of a licensed activity to recover
zirconium, hafnium, and rare earths from source material,
the Secretary, upon request of the owner of the site in-
volved, shall assume title and custody of such waste and
the land on which it is disposed when such site has been
decontaminated and stabilized in accordance with the re-
quirements established by the Commission and when such
owner has made adequate financial arrangements ap-
proved by the Commission for the long-term maintenance
and monitoring of such site.
‘‘SEC. 507. NUCLEAR REGULATORY COMMISSION TRAINING
AUTHORIZATION.
‘‘The Commission is authorized and directed to pro-
mulgate regulations, or other appropriate regulatory guid-
ance, for the training and qualifications of civilian nuclear
powerplant operators, supervisors, technicians, and other
appropriate operating personnel. Such regulations or guid-
ance shall establish simulator training requirements for
applicants for civilian nuclear powerplant operator licenses
and for operator requalification programs; requirements
governing Commission administration of requalification
examinations; requirements for operating tests at civilian
nuclear powerplant simulators, and instructional require-
ments for civilian nuclear powerplant licensee personnel
training programs.
‘‘SEC. 508. ACCEPTANCE SCHEDULE.
‘‘The acceptance schedule shall be implemented in ac-
cordance with the following:
‘‘(1) PRIORITY RANKING.—Acceptance priority
ranking shall be determined by the Department’s
‘Acceptance Priority Ranking’ report.
‘‘(2) ACCEPTANCE RATE.—Except as provided
in paragraph (5), the Secretary’s acceptance rate for
spent nuclear fuel shall be no less than the follow-
ing: 1,200 MTU in 2002 and 1,200 MTU in 2003,
2,000 MTU in 2004 and 2,000 MTU in 2005, 2,700
MTU in 2006, and 3,000 MTU thereafter.
‘‘(3) OTHER ACCEPTANCES.—In each year, once
the Secretary has achieved the annual acceptance
rate for spent nuclear fuel from civilian nuclear
power reactors established pursuant to the contracts
executed under the Nuclear Waste Policy Act of
1982 (as set forth in the Secretary’s annual capacity
report dated March 1995 (DOE/RW–0457)), the
Secretary—
‘‘(A) shall accept from spent nuclear fuel
from foreign research reactors and spent nu-
clear fuel from naval reactors and high-level ra-
dioactive waste from atomic energy defense ac-
tivities, an amount of spent nuclear fuel and
high-level radioactive waste which is—
‘‘(i) at least 25 percent of the dif-
ference between such annual acceptance
rate and the annual rate specified in para-
graph (2), or
‘‘(ii) 5 percent of the total amount of
spent nuclear fuel and high-level radio-
active waste actually accepted,
whichever is higher. If such amount is less than
the rate prescribed in the preceding sentence,
the Secretary shall accept spent nuclear fuel or
high-level radioactive waste of domestic origin
from civilian nuclear power reactors which have
permanently ceased operation; and
‘‘(B) may, additionally, accept any other
spent nuclear fuel or high-level radioactive
waste.
‘‘(4) EXCEPTION.—If the annual rate under the
acceptance schedule is not achieved, the acceptance
rate of the Secretary of the materials described in
paragraph (3)(A) shall be the greater of the accept-
ance rate prescribed by paragraph (3) and calculated
on the basis of the amount of spent nuclear fuel and
high-level radioactive waste actually received or 5
percent of the total amount of spent nuclear fuel
and high-level radioactive waste actually accepted.
‘‘(5) ADJUSTMENT.—If the Secretary is unable
to begin acceptance by January 31, 2002 at the rate
‘‘(2) no funds shall be obligated for any activity
relating to the subseabed or ocean water disposal of
spent nuclear fuel or high-level radioactive waste.
‘‘SEC. 510. SEPARABILITY.
‘‘If any provision of this Act, or the application of
such provision to any person or circumstance, is held to
be invalid, the remainder of this Act, or the application
of such provision to persons or circumstances other than
those as to which it is held invalid, shall not be affected
thereby.
‘‘SEC. 511. PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.
‘‘(a) IN GENERAL.—It is the sense of the Congress
that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this
Act should be American-made.
‘‘(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available under this Act, the head
of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
‘‘(c) PROHIBITION OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available
under this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
‘‘TITLE VI—NUCLEAR WASTE
TECHNICAL REVIEW BOARD
‘‘SEC. 601. DEFINITIONS.
‘‘For purposes of this title—
‘‘(1) CHAIRMAN.—The term ‘Chairman’ means
the Chairman of the Nuclear Waste Technical Re-
view Board.
‘‘(2) BOARD.—The term ‘Board’ means the Nu-
clear Waste Technical Review Board continued
under section 602.
‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.
‘‘(a) CONTINUATION
OF NUCLEAR WASTE TECH-
NICAL REVIEW BOARD.—The Nuclear Waste Technical
Review Board, established under section 502(a) of the Nu-
clear Waste Policy Act of 1982 as constituted prior to the
date of enactment of this Act, shall continue in effect sub-
sequent to the date of enactment of this Act.
‘‘(b) MEMBERS.—
‘‘(1) NUMBER.—The Board shall consist of 11
members who shall be appointed by the President
not later than 90 days after December 22, 1987,
from among persons nominated by the National
Academy of Sciences in accordance with paragraph
(3).
‘‘(2) CHAIR.—The President shall designate a
member of the Board to serve as Chairman.
‘‘(3) NATIONAL ACADEMY OF SCIENCES.—
‘‘(A) NOMINATIONS.—The National Acad-
emy of Sciences shall, not later than 90 days
after December 22, 1987, nominate not less
than 22 persons for appointment to the Board
from among persons who meet the qualifica-
tions described in subparagraph (C).
‘‘(B) VACANCIES.—The National Academy
of Sciences shall nominate not less than 2 per-
sons to fill any vacancy on the Board from
among persons who meet the qualifications de-
scribed in subparagraph (C).
‘‘(C) NOMINEES.—
‘‘(i) Each person nominated for ap-
pointment to the Board shall be—
‘‘(I) eminent in a field of science
or engineering, including environ-
mental sciences; and
‘‘(II) selected solely on the basis
of established records of distinguished
service.
‘‘(ii) The membership of the Board
shall be representatives of the broad range
of scientific and engineering disciplines re-
lated to activities under this title.
‘‘(iii) No person shall be nominated
for appointment to the Board who is an
employee 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
appointed for terms of 4 years, each such term to
commence 120 days after December 22, 1987, ex-
cept 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 appointment, except that a member of the
Board whose term has expired may continue to serve
as a member of the Board until such member’s suc-
cessor has taken office.
‘‘SEC. 603. FUNCTIONS.
‘‘The Board shall evaluate the technical and scientific
validity of activities undertaken by the Secretary after De-
cember 22, 1987, including—
‘‘(1) site characterization activities; and
‘‘(2) activities relating to the packaging or
transportation of spent nuclear fuel or high-level ra-
dioactive waste.
‘‘SEC. 604. INVESTIGATORY POWERS.
‘‘(a) HEARINGS.—Upon request of the Chairman or
a majority of the members of the Board, the Board may
hold such hearings, sit and act at such times and places,
take such testimony, and receive such evidence, as the
Board considers appropriate. Any member of the Board
may administer oaths or affirmations to witnesses appear-
ing before the Board.
‘‘(b) PRODUCTION OF DOCUMENTS.—
‘‘(1) RESPONSE TO INQUIRIES.—Upon the re-
quest of the Chairman or a majority of the members
of the Board, and subject to existing law, the Sec-
retary (or any contractor of the Secretary) shall pro-
vide the Board with such records, files, papers, data,
or information as may be necessary to respond to
any inquiry of the Board under this title.
‘‘(2) EXTENT.—Subject to existing law, infor-
mation obtainable under paragraph (1) shall not be
limited to final work products of the Secretary, but
shall include drafts of such products and documenta-
tion of work in progress.
‘‘SEC. 605. COMPENSATION OF MEMBERS.
‘‘(a) IN GENERAL.—Each member of the Board
shall, subject to appropriations, be paid at the rate of pay
payable for level III of the Executive Schedule for each
day (including travel time) such member is engaged in the
work of the Board.
‘‘(b) TRAVEL EXPENSES.—Each member of the
Board may receive travel expenses, including per diem in
lieu of subsistence, in the same manner as is permitted
under sections 5702 and 5703 of title 5, United States
Code.
‘‘SEC. 606. STAFF.
‘‘(a) CLERICAL STAFF.—
‘‘(1) AUTHORITY
OF
CHAIRMAN.—Subject to
paragraph (2), the Chairman may, subject to appro-
priations, appoint and fix the compensation of such
clerical staff as may be necessary to discharge the
responsibilities of the Board.
‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff
shall be appointed subject to the provisions of title
5, United States Code, governing appointments in
the competitive service, and shall be paid in accord-
ance with the provisions of chapter 51 and sub-
chapter III of chapter 3 of such title relating to clas-
sification and General Schedule pay rates.
‘‘(b) PROFESSIONAL STAFF.—
‘‘(1) AUTHORITY
OF
CHAIRMAN.—Subject to
paragraphs (2) and (3), the Chairman may, subject
to appropriations, appoint and fix the compensation
of such professional staff as may be necessary to
discharge the responsibilities of the Board.
‘‘(2) NUMBER.—Not more than 10 professional
staff members may be appointed under this sub-
section.
‘‘(3) TITLE 5.—Professional staff members may
be appointed without regard to the provisions of title
5, United States Code, governing appointments in
the competitive service, and may be paid without re-
gard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classifica-
tion and General Schedule pay rates, except that no
individual so appointed may receive pay in excess of
the annual rate of basic pay payable for GS–18 of
the General Schedule.
‘‘SEC. 607. SUPPORT SERVICES.
‘‘(a) GENERAL SERVICES.—To the extent permitted
by law and requested by the Chairman, the Administrator
of General Services shall provide the Board with necessary
administrative services, facilities, and support on a reim-
bursable basis.
‘‘(b) ACCOUNTING, RESEARCH, AND TECHNOLOGY
ASSESSMENT SERVICES.—The Comptroller General, the
Librarian of Congress, and the Director of the Office of
Technology Assessment shall, to the extent permitted by
law and subject to the availability of funds, provide the
Board with such facilities, support, funds and services, in-
cluding staff, as may be necessary for the effective per-
formance of the functions of the Board.
‘‘(c) ADDITIONAL SUPPORT.—Upon the request of
the Chairman, the Board may secure directly from the
head of any department or agency of the United States
information necessary to enable it to carry out this title.
‘‘(d) MAILS.—The Board may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
‘‘(e) EXPERTS AND CONSULTANTS.—Subject to such
rules as may be prescribed by the Board, the Chairman
may, subject to appropriations, procure temporary and
intermittent services under section 3109(b) of title 5 of
the United States Code, but at rates for individuals not
to exceed the daily equivalent of the maximum annual rate
of basic pay payable for GS–18 of the General Schedule.
‘‘SEC. 608. REPORT.
‘‘The Board shall report not less than 2 times per
year to Congress and the Secretary its findings, conclu-
sions, and recommendations.
‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated for expendi-
tures such sums as may be necessary to carry out the pro-
visions of this title.
‘‘SEC. 610. TERMINATION OF THE BOARD.
‘‘The Board shall cease to exist not later than one
year after the date on which the Secretary begins disposal
of spent nuclear fuel or high-level radioactive waste in the
repository.
‘‘TITLE VII—MANAGEMENT
REFORM
‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES.
‘‘(a) IN GENERAL.—The Secretary is directed to take
actions as necessary to improve the management of the
civilian radioactive waste management program to ensure
that the program is operated, to the maximum extent
practicable, in like manner as a private business.
‘‘(b) SITE CHARACTERIZATION.—The Secretary shall
employ, on an on-going basis, integrated performance
modeling to identify appropriate parameters for the re-
maining site characterization effort and to eliminate stud-
ies of parameters that are shown not to affect long-term
repository performance.
‘‘SEC. 702. REPORTING.
‘‘(a) INITIAL REPORT.—Within 180 days of the date
of enactment of this Act, the Secretary shall report to
Congress on its planned actions for implementing the pro-
visions of this Act, including the development of the Inte-
grated Waste Management System. Such report shall in-
clude—
‘‘(1) an analysis of the Secretary’s progress in
meeting its statutory and contractual obligation to
accept title to, possession of, and delivery of spent
nuclear fuel and high-level radioactive waste begin-
ning no later than January 31, 2002, and in accord-
ance with the acceptance schedule;
‘‘(2) a detailed schedule and timeline showing
each action that the Secretary intends to take to
meet the Secretary’s obligations under this Act and
the contracts;
‘‘(3) a detailed description of the Secretary’s
contingency plans in the event that the Secretary is
unable to meet the planned schedule and timeline;
and
‘‘(4) an analysis by the Secretary of its funding
needs for fiscal years 1996 through 2001.
‘‘(b) ANNUAL REPORTS.—On each anniversary of the
submittal of the report required by subsection (a), the Sec-
retary shall make annual reports to the Congress for the
purpose of updating the information contained in such re-
port. The annual reports shall be brief and shall notify
the Congress of—
‘‘(1) any modifications to the Secretary’s sched-
ule and timeline for meeting its obligations under
this Act;
‘‘(2) the reasons for such modifications, and the
status of the implementation of any of the Sec-
retary’s contingency plans; and
‘‘(3) the Secretary’s analysis of its funding
needs for the ensuing 5 fiscal years.’’.
SEC. 2. CONTINUATION OF CONTRACTS.
Subsequent to the date of enactment of this Act, the
contracts executed under section 302(a) of the Nuclear
Waste Policy Act of 1982 shall continue in effect under
this Act in accordance with their terms except to the ex-
tent that the contracts have been modified by the parties
to the contract.
Passed the House of Representatives October 30,
1997.
Attest:
Clerk.