SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Interim Consolidated 
Storage Act of 2017’’. 
SEC. 2. DEFINITION OF INTERIM CONSOLIDATED STORAGE 
FACILITY. 
Section 2 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10101) is amended by adding at the end the 
following new paragraph: 
‘‘(35) The term ‘interim consolidated storage 
facility’ means a facility that possesses a specific li-
cense issued by the Commission that authorizes stor-
age of high-level radioactive waste or spent nuclear 
fuel received from the Secretary or from two or more 
persons that generate or hold title to high-level ra-
dioactive waste or spent nuclear fuel generated at a 
civilian nuclear power reactor.’’. 
SEC. 3. INTERIM CONSOLIDATED STORAGE OF HIGH-LEVEL 
RADIOACTIVE WASTE AND SPENT NUCLEAR 
FUEL. 
(a) STORAGE OF SPENT NUCLEAR FUEL.—Section 
135(h) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10155(h)) is amended by striking ‘‘Notwith-
standing any other provisions of law’’ and inserting ‘‘Ex-
cept as provided in section 302, and subtitle I of title I’’. 
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(b) INTERIM CONSOLIDATED STORAGE.—Title I of 
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121 
et seq.) is amended by adding at the end the following: 
‘‘Subtitle I—Interim Consolidated 
Storage 
‘‘SEC. 190. INTERIM CONSOLIDATED STORAGE. 
‘‘(a) IN GENERAL.—The Secretary may enter into 
contracts for the storage of high-level radioactive waste 
or spent nuclear fuel with any person that holds a license 
for an interim consolidated storage facility. 
‘‘(b) DEFINITION
OF HIGH-LEVEL RADIOACTIVE 
WASTE.—For purposes of this subtitle and section 302, 
the term ‘high-level radioactive waste’ includes Greater 
than Class C waste as defined in section 72.3 of title 10, 
Code of Federal Regulations. Nothing in this section or 
section 191 shall be interpreted to affect existing judicial 
interpretation of the term high-level radioactive waste or 
to require the disposal of Greater than Class C waste in 
a repository. 
‘‘SEC. 191. CONTRACTS. 
‘‘(a) IN GENERAL.—The Secretary may enter into 
new contracts or modify existing contracts with any person 
who generates or holds title to high-level radioactive waste 
or spent nuclear fuel of domestic origin for the acceptance 
of title and subsequent storage of such waste or fuel at 
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an interim consolidated storage facility, with priority for 
storage given to high-level radioactive waste and spent nu-
clear fuel located on sites without an operating nuclear 
reactor. 
‘‘(b) CONTRACT TERMS.—A contract entered into or 
modified under this section shall provide that acceptance 
by the Secretary, and transfer of title under subsection 
(d), of any high-level radioactive waste or spent nuclear 
fuel for an interim consolidated storage facility satisfies 
the Secretary’s responsibility under a contract entered 
into under section 302(a) to accept title to such waste or 
fuel for disposal, with respect to such accepted waste or 
fuel. 
‘‘(c) LIMITATION.—The Secretary shall not require a 
person to settle claims against the United States for the 
breach of a contract entered into under section 302(a) for 
the disposal of high-level radioactive waste or spent nu-
clear fuel as a condition precedent of entering into or 
modifying a contract under this section. 
‘‘(d) TITLE TO MATERIAL.—Delivery, and acceptance 
by the Secretary, of any high-level radioactive waste or 
spent nuclear fuel for an interim consolidated storage fa-
cility shall constitute a transfer to the Secretary of title 
to such waste or fuel.’’. 
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(c) NUCLEAR WASTE FUND.—Section 302(d) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)) 
is amended— 
(1) in paragraph (4), by striking ‘‘in a mon-
itored, retrievable storage site’’ and inserting ‘‘in an 
interim consolidated storage facility or monitored re-
trievable storage site,’’; 
(2) in paragraph (5)— 
(A) by striking ‘‘a monitored, retrievable 
storage site’’ and inserting ‘‘an interim consoli-
dated storage facility site, a monitored retriev-
able storage site,’’; 
(B) by striking ‘‘such repository, mon-
itored, retrievable storage facility’’ and insert-
ing ‘‘such repository, interim consolidated stor-
age facility, monitored retrievable storage facil-
ity,’’; and 
(C) by striking ‘‘; and’’ and inserting a 
semicolon; 
(3) by redesignating paragraph (6) as para-
graph (7); 
(4) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) the fees and costs in connection with the 
storage of high-level radioactive waste or spent nu-
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clear fuel in an interim consolidated storage facility; 
and’’; and 
(5) by inserting ‘‘For purposes of the preceding 
sentence, fees and costs described in paragraph (6) 
shall not be considered amounts for the construction 
or expansion of any facility.’’ after ‘‘this or subse-
quent legislation.’’. 
(d) APPROPRIATIONS FROM THE WASTE FUND.— 
Section 302(e)(2) of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222(e)(2)) is amended— 
(1) by inserting ‘‘(A)’’ before ‘‘The Secretary 
shall submit’’; and 
(2) by adding at the end the following: 
‘‘(B) Notwithstanding subparagraph (A), subject to 
subparagraph (C), necessary amounts shall be available to 
the Secretary from the Waste Fund without additional ap-
propriations to pay for the following: 
‘‘(i) Costs described in subsection (d)(4) in con-
nection with storage in an interim consolidated stor-
age facility. 
‘‘(ii) Costs described in subsection (d)(5) in 
connection with an interim consolidated storage fa-
cility. 
‘‘(iii) Fees and costs described in subsection 
(d)(6). 
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‘‘(C) The Secretary shall not expend, on fees for dry 
modes of storage of high-level radioactive waste or spent 
nuclear fuel, amounts totaling more than the cumulative 
amount of interest generated by the Waste Fund each fis-
cal year, beginning in fiscal year 2018.’’. 
Æ 
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