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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.
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‘‘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
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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.
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‘‘(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,
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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.
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‘‘(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