I
104TH CONGRESS
1ST SESSION
H. R. 1020
To amend the Nuclear Waste Policy Act of 1982.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1995
Mr. UPTON (for himself, Mr. TOWNS, Mr. BILIRAKIS, Mr. MANTON, Mr.
STEARNS, Mr. HALL of Texas, Mr. NORWOOD, Mr. GORDON, Mr. BURR,
Mrs. THURMAN, Mr. HASTERT, Mr. GILLMOR, Mr. MOORHEAD, Mr. GRA-
HAM, and Mr. FRANKS of Connecticut) introduced the following bill;
which was referred to the Committee on Commerce and, in addition, to
the Committees on Resources, Transportation and Infrastructure, and the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend the Nuclear Waste Policy Act of 1982.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. 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
‘‘Integrated Spent Nuclear Fuel Management Act of
1995’’.
‘‘(b) TABLE OF CONTENTS.—
‘‘Sec. 1. Short title and table of contents.
‘‘Sec. 2. Definitions.
‘‘Sec. 3. Findings and purposes.
‘‘TITLE I—OBLIGATIONS AND REMEDIES
‘‘Sec. 101. Obligations of the Secretary of Energy.
‘‘Sec. 102. Remedies.
‘‘TITLE II—INTEGRATED SPENT NUCLEAR FUEL MANAGEMENT
SYSTEM
‘‘Sec. 201. Establishment of the integrated spent nuclear fuel management sys-
tem.
‘‘Sec. 202. Railroad.
‘‘Sec. 203. Transportation planning.
‘‘Sec. 204. Transportation requirements.
‘‘Sec. 205. Multi-purpose canister systems.
‘‘Sec. 206. Interim storage.
‘‘Sec. 207. Permanent disposal.
‘‘Sec. 208. Land withdrawal.
‘‘Sec. 209. Private storage facilities.
‘‘TITLE III—STATE RELATIONS
‘‘Sec. 301. State consultation and assistance.
‘‘TITLE IV—FUNDING AND ORGANIZATION
‘‘Sec. 401. Budget priorities.
‘‘Sec. 402. Environmental requirements.
‘‘Sec. 403. Nuclear waste fund.
‘‘Sec. 404. Office of Civilian Radioactive Waste Management.
‘‘Sec. 405. Defense contribution.
‘‘TITLE V—GENERAL AND MISCELLANEOUS PROVISIONS
‘‘Sec. 501. Compliance with other laws.
‘‘Sec. 502. Judicial review of agency actions.
‘‘Sec. 503. Title to material.
‘‘Sec. 504. Licensing of facility expansions and transshipments.
‘‘Sec. 505. Siting a second repository.
‘‘Sec. 506. Financial arrangements for low-level radioactive waste site closure.
‘‘Sec. 507. Nuclear Regulatory Commission training authority.
‘‘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) The term ‘accept’ or ‘acceptance’ means
the Secretary’s act of taking title to and possession
of commercial spent nuclear fuel and high-level ra-
dioactive waste pursuant to contracts and removing
such spent nuclear fuel and high-level waste from
the sites designated by the contract holders pursuant
to such contracts.
‘‘(2) The term ‘acceptance schedule’ means the
schedule established pursuant to the contracts for
acceptance by the Secretary of spent nuclear fuel
and high-level radioactive waste from the contract
holders. The acceptance schedule shall be imple-
mented in accordance with the following:
‘‘(A) Acceptance priority ranking shall be
determined by the Department’s annual ‘Ac-
ceptance Priority Ranking’ report.
‘‘(B) The Secretary’s spent fuel acceptance
rate shall be no less than the following: 1,200
MTU in 1998 and 1,200 MTU in 1999; 2,000
MTU in 2000 and 2000 MTU in 2001; 2,700
MTU in 2002; and 3,000 MTU thereafter.
‘‘(C) If the Secretary is unable to begin ac-
ceptance by January 31, 1998 at the rates
specified in subparagraph (B), or if the cumu-
lative amount accepted in any year thereafter is
less than that which would have been accepted
under the acceptance rate specified in subpara-
graph (B), the acceptance schedule shall be ad-
justed upward such that within 5 years of the
start of acceptance by the Secretary—
‘‘(i) the total quantity accepted by the
Secretary is consistent with the total quan-
tity that the Secretary would have accepted
if the Secretary had began acceptance in
1998, and
‘‘(ii) thereafter the acceptance rate is
equivalent to the rate that would be in
place pursuant to subparagraph (B) above
if the Secretary had commenced accept-
ance in 1998.
‘‘(D) The acceptance schedule shall not be
affected or modified in any way as a result of
the Secretary’s acceptance of any material other
than contract holders’ spent nuclear fuel and
high-level radioactive waste.
‘‘(3) The term ‘affected Indian tribe’ means any
Indian tribe—
‘‘(A) within whose reservation boundaries
an interim storage facility or a repository for
spent nuclear fuel or high-level radioactive
waste is proposed to be located; or
‘‘(B) whose federally defined possessory or
usage rights to other lands outside of the res-
ervation’s boundaries arising out of congres-
sionally ratified treaties may be substantially
and adversely affected by the locating of such
a facility: provided, that the Secretary of the
Interior finds, upon the petition of the appro-
priate governmental officials of the tribe, that
such effects are both substantial and adverse to
the tribe.
‘‘(4) The term ‘affected unit of local govern-
ment’ means the unit of local government with juris-
diction over the site of the repository or interim
storage facility. Such term may, at the discretion of
the Secretary, include other units of local govern-
ment that are contiguous with such unit.
‘‘(5) The term ‘atomic energy defense activity’
means any activity of the Secretary performed in
whole or in part in carrying out any of the following
functions:
‘‘(A) Naval reactors development.
‘‘(B) Weapons activities including defense
inertial confinement fusion.
‘‘(C) Verification and control technology.
‘‘(D) Defense nuclear materials produc-
tion.
‘‘(E) Defense nuclear waste and materials
byproducts management.
‘‘(F) Defense nuclear materials security
and safeguards and security investigations.
‘‘(G) Defense research and development.
‘‘(6) The term ‘civilian nuclear power reactor’
means a civilian 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) The term ‘contracts’ means the contracts,
executed prior to the date of enactment of this Act,
under section 302(a) of the Nuclear Waste Policy
Act of 1982, by the Secretary and any person who
generates or holds title to high-level radioactive
waste or spent nuclear fuel of domestic origin for ac-
ceptance of such waste or fuel by the Secretary and
the payment of fees to offset the Secretary’s expend-
itures.
‘‘(8) The term ‘contract holders’ means parties
to contracts other than the Secretary.
‘‘(9) The term ‘Commission’ means the Nuclear
Regulatory Commission.
‘‘(10) The term ‘Department’ means the De-
partment of Energy.
‘‘(11) The term ‘disposal’ means the emplace-
ment in a repository of high-level radioactive waste,
spent nuclear fuel, or other highly radioactive mate-
rial with no foreseeable intent of recovery, whether
or not such emplacement permits recovery of such
material for any future purpose.
‘‘(12) The term ‘disposal system’ means all nat-
ural barriers and engineered barriers, and engi-
neered systems and components, that prevent the re-
lease of radionuclides from the Yucca Mountain site.
‘‘(13) The term ‘engineered barriers’ and ‘engi-
neered systems and components,’ means man made
components of a disposal system. Such term includes
the high-level radioactive waste or spent nuclear fuel
form, high-level radioactive waste or spent nuclear
fuel package, and other materials placed over and
around such packages.
‘‘(14) The term ‘high-level radioactive waste’
means—
‘‘(A) the highly radioactive material result-
ing from the reprocessing of spent nuclear fuel,
including liquid waste produced directly in re-
processing and any solid material derived from
such liquid waste that contains fission products
in sufficient concentrations; and
‘‘(B) other highly radioactive material that
the Commission, consistent with existing law,
determines by rule requires permanent isola-
tion.
‘‘(15) The term ‘Federal agency’ means any
Executive agency, as defined in section 105 of title
5, United States Code.
‘‘(16) The term ‘Indian tribe’ means any Indian
tribe, band, nation, or other organized group or com-
munity of Indians recognized as eligible for the serv-
ices provided to Indians by the Secretary of the Inte-
rior because of their status as Indians including any
Alaska Native village, as defined in section 3(c) of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602(c)).
‘‘(17) The term ‘integrated spent nuclear fuel
management system’ means an integrated system,
developed by the Secretary in accordance with the
provisions of title II of this Act.
‘‘(18) The term ‘interim storage facility’ means
a facility designed and constructed for the receipt,
handling, possession, safeguarding, and storage of
spent nuclear fuel and other materials in accordance
with title II of this Act.
‘‘(19) The term ‘interim storage facility site’
means either the specific site within Area 25 of the
Nevada Test Site that is designated by the Secretary
and withdrawn and reserved in accordance with this
Act for the location of the interim storage facility,
or, such other volunteer site in Nevada that is des-
ignated by the Secretary for the location of an in-
terim storage facility in accordance with Title II of
this Act.
‘‘(20) The term ‘low-level radioactive waste’
means radioactive material that—
‘‘(A) is not high-level radioactive waste,
spent nuclear fuel, transuranic waste, or by-
product material as defined in section 11 e.(2)