IB
Union Calendar No. 92
106TH CONGRESS
1ST SESSION
H. R. 45
[Report No. 106–155, Part I]
To amend the Nuclear Waste Policy Act of 1982.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. UPTON (for himself, Mr. TOWNS, Mr. BARTON of Texas, Mr. HALL of
Texas, Mr. HOLDEN, Mr. NORWOOD, Mr. GORDON, Mr. OXLEY, Mr.
BURR of North Carolina, Mr. KLINK, Mr. WHITFIELD, Mr. SPRATT, Mr.
HOEKSTRA, Mr. LIVINGSTON, Mr. KANJORSKI, Mr. BILIRAKIS, Mr.
GRAHAM, Mr. PETERSON of Pennsylvania, Mr. CANADY of Florida, Mr.
MANZULLO, Mr. RAMSTAD, Mr. HUTCHINSON, Mr. PICKERING, Mr. GUT-
KNECHT, Mr. LOBIONDO, Mr. SHIMKUS, Mr. NETHERCUTT, Mr. ROHR-
ABACHER, Mr. FOLEY, Mr. TAYLOR of North Carolina, Mr. BEREUTER,
Mr. OBERSTAR, Mr. LIPINSKI, Mr. STUPAK, Mr. RUSH, Mr. SMITH of
Michigan, Mr. EHLERS, Mr. KNOLLENBERG, Mr. PORTER, Mr. SISISKY,
Mr. BONIOR, Mr. CAMP, Mr. KILDEE, Mr. BARCIA, Ms. STABENOW, Mr.
PETERSON of Minnesota, Ms. JACKSON-LEE of Texas, and Mr. ALLEN)
introduced the following bill; which was referred to the Committee on
Commerce, and in addition to the Committees on Resources, and Trans-
portation and Infrastructure, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
MAY 20, 1999
Reported from the Committee on Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
MAY 20, 1999
The Committee on Transportation and Infrastructure discharged
MAY 20, 1999
Referral to the Committee on Resources extended for a period ending not later
than June 2, 1999
MAY 20, 1999
Referred to the Committee on the Budget for a period ending not later than
June 2, 1999, for consideration of such provisions of the bill and amend-
ment as fall within the jurisdiction of that committee pursuant to clause
1(e), rule X
JUNE 2, 1999
Additional sponsors: Mr. CALLAHAN, Mr. STEARNS, Mr. GILLMOR, Mr.
BAKER, Mrs. MEEK of Florida, Mr. BOEHLERT, Ms. KILPATRICK, Mr.
BORSKI, Mr. SKEEN, Mr. BALLENGER, Mr. FRANK of Massachusetts, Mr.
CHAMBLISS, Mr. WICKER, Mr. WELLER, Mr. BOUCHER, Mr. SAM JOHN-
SON of Texas, Mr. JEFFERSON, Ms. PRYCE of Ohio, Mr. LEVIN, Mrs.
BIGGERT, Mr. SPENCE, Mr. BACHUS, Mr. HASTINGS of Washington, Mr.
SNYDER, Mr. HAYES, Mr. COSTELLO, Mr. BOYD, Mr. CRAMER, Mr.
SCARBOROUGH, Mr. LINDER, Mr. WELDON of Florida, Mr. DEMINT,
Mrs. MYRICK, Mr. EHRLICH, Mr. TURNER, Mr. PICKETT, Mr. HASTINGS
of Florida, Mr. BRYANT, Mr. KINGSTON, Mr. TERRY, Mr. TAUZIN, Mr.
JOHN, Mr. GREEN of Wisconsin, Mr. BERRY, Mr. GREEN of Texas, Mr.
SHOWS, Ms. ROS-LEHTINEN, Mr. SENSENBRENNER, Mrs. CHENOWETH,
Mr. CRANE, Mr. CLEMENT, Mr. DOOLITTLE, Mr. SWEENEY, Mr. SHAD-
EGG, Mr. SIMPSON, Mr. SESSIONS, Mr. FROST, Mr. BARRETT of Ne-
braska, Mr. TIAHRT, Mr. MCCRERY, Mr. EDWARDS, Mr. HILLIARD, Mr.
CALVERT, Mr. DIAZ-BALART, Mr. GOODE, Mrs. THURMAN, Mr. COBLE,
Mr. WAMP, Mr. ETHERIDGE, Mr. GARY MILLER of California, Mr. BARR
of Georgia, Mr. EVERETT, Mr. SHAW, Mr. THORNBERRY, Mr. DICKEY,
Mr. BISHOP, Mr. DEUTSCH, Mrs. JOHNSON of Connecticut, Mr. RYUN
of Kansas, Mr. DAVIS of Illinois, Mr. WEXLER, Mr. CUNNINGHAM, Mr.
LAHOOD, Mr. SUNUNU, Mr. MICA, Mr. ISAKSON, Mr. PITTS, Mr. JEN-
KINS, and Mr. ADERHOLT
JUNE 2, 1999
The Committees on Resources and the Budget Discharged; committed to the
Committee of the Whole House on the State of the Union and ordered
to be printed
[For text of introduced bill, see copy of bill as introduced on January 6, 1999]
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. 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 ‘Nu-
clear Waste Policy Act of 1999’.
‘‘(b) TABLE OF CONTENTS.—
‘‘Sec. 1. Short title and table of contents.
‘‘Sec. 2. Definitions.
‘‘Sec. 3. Findings and purposes.
‘‘TITLE I—INTEGRATED MANAGEMENT SYSTEM
‘‘Sec. 101. Transportation.
‘‘Sec. 102. Transportation planning.
‘‘Sec. 103. Transportation requirements.
‘‘Sec. 104. Interim storage.
‘‘Sec. 105. Permanent disposal.
‘‘Sec. 106. Land withdrawal.
‘‘Sec. 107. Applicability.
‘‘TITLE II—LOCAL RELATIONS
‘‘Sec. 201. On-site representative.
‘‘Sec. 202. Benefits agreements.
‘‘Sec. 203. Content of agreements.
‘‘Sec. 204. Acceptance of benefits.
‘‘Sec. 205. Restriction on use of funds.
‘‘Sec. 206. Initial land conveyances.
‘‘Sec. 207. Payments in lieu of taxes.
‘‘TITLE III—FUNDING AND ORGANIZATION
‘‘Sec. 301. Nuclear Waste Fund.
‘‘Sec. 302. Office of Civilian Radioactive Waste Management.
‘‘Sec. 303. Defense contribution.
‘‘TITLE IV—GENERAL AND MISCELLANEOUS PROVISIONS
‘‘Sec. 401. Compliance with other laws.
‘‘Sec. 402. Water rights.
‘‘Sec. 403. Judicial review of agency actions.
‘‘Sec. 404. Licensing of facility expansions and transshipments.
‘‘Sec. 405. Siting a second repository.
‘‘Sec. 406. Financial arrangements for low-level radioactive waste site closure.
‘‘Sec. 407. Nuclear Regulatory Commission training authorization.
‘‘Sec. 408. Subseabed or ocean water disposal.
‘‘Sec. 409. Purchase of American-made equipment and products.
‘‘Sec. 410. Separability.
‘‘TITLE V—NUCLEAR WASTE TECHNICAL REVIEW BOARD
‘‘Sec. 501. Definitions.
‘‘Sec. 502. Nuclear Waste Technical Review Board.
‘‘Sec. 503. Functions.
‘‘Sec. 504. Investigatory powers.
‘‘Sec. 505. Compensation of members.
‘‘Sec. 506. Staff.
‘‘Sec. 507. Support services.
‘‘Sec. 508. Report.
‘‘Sec. 509. Authorization of appropriations.
‘‘Sec. 510. Termination of the board.
‘‘SEC. 2. DEFINITIONS.
‘‘For purposes of this Act:
‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘accept’
and ‘acceptance’ mean the Secretary’s act of taking
possession of spent nuclear fuel or high-level radio-
active waste.
‘‘(2) AFFECTED INDIAN TRIBE.—The term ‘af-
fected Indian tribe’ means an Indian tribe whose res-
ervation is surrounded by or borders on an affected
unit of local government, or whose federally defined
possessory or usage rights to other lands outside of the
border of the Indian tribe’s reservation arising out of
congressionally ratified treaties may be affected by the
locating of an interim storage facility or repository,
if the Secretary finds, upon petition of the appro-
priate government officials of the Indian tribe, that
such affects are both substantial and adverse to the
Indian tribe.
‘‘(3) AFFECTED UNIT OF LOCAL GOVERNMENT.—
The term ‘affected unit of local government’ means the
unit of local government with jurisdiction over the
site of a repository or interim storage facility. Such
term may, at the discretion of the Secretary, include
other units of local government that are contiguous
with such unit.
‘‘(4) ATOMIC ENERGY DEFENSE ACTIVITY.—The
term ‘atomic energy defense activity’ means any ac-
tivity 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 production.
‘‘(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.
‘‘(5) CIVILIAN NUCLEAR POWER REACTOR.—The
term ‘civilian nuclear power reactor’ means a civilian
nuclear power plant required to be licensed under sec-
‘‘(11) 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 pro-
duced directly in reprocessing and any solid ma-
terial derived from such liquid waste that con-
tains fission products in sufficient concentra-
tions;
‘‘(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.
‘‘(12) FEDERAL
AGENCY.—The term ‘Federal
agency’ means any Executive agency, as defined in
section 105 of title 5, United States Code.
‘‘(13) 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 In-
dians including any Alaska Native village, as defined
in section 3(c) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(c)).
‘‘(14) INTEGRATED MANAGEMENT SYSTEM.—The
term ‘integrated management system’ means the sys-
tem developed by the Secretary for the acceptance,
transportation, storage, and disposal of spent nuclear
fuel and high-level radioactive waste.
‘‘(15) 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 I
of this Act.
‘‘(16) INTERIM
STORAGE
FACILITY
SITE.—The
term ‘interim storage facility site’ means the specific
site within Area 25 of the Nevada Test Site that is
designated by the Secretary and withdrawn and re-
served in accordance with this Act for the location of
the interim storage facility.
‘‘(17) LOW-LEVEL
RADIOACTIVE
WASTE.—The
term ‘low-level radioactive waste’ means radioactive
material that—
‘‘(A) is not spent nuclear fuel, high-level ra-
dioactive waste, transuranic waste, or byproduct
material as defined in section 11 e.(2) of the
Atomic 
Energy 
Act 
of 
1954 
(42 
U.S.C.
2014(e)(2)); and
‘‘(B) the Commission, consistent with exist-
ing law, classifies as low-level radioactive waste.
‘‘(18) METRIC TONS URANIUM AND MTU.—The
terms ‘metric tons uranium’ and ‘MTU’ mean the
amount of uranium in the original unirradiated fuel
element whether or not the spent nuclear fuel has been
reprocessed.
‘‘(19) NUCLEAR WASTE FUND.—The term ‘Nu-
clear Waste Fund’ means the Nuclear Waste Fund es-
tablished in the United States Treasury before the
date of enactment of this Act under section 302(c) of
the Nuclear Waste Policy Act of 1982.
‘‘(20) OFFICE.—The term ‘Office’ means the Of-
fice of Civilian Radioactive Waste Management estab-
lished within the Department before the date of enact-
ment of this Act under section 304(a) of the Nuclear
Waste Policy Act of 1982.
‘‘(21) PACKAGE.—The term ‘package’ means the
primary container that holds, and is in direct contact
with, solidified high-level radioactive waste, spent nu-
clear fuel, or other radioactive materials and any
overpack that are emplaced at a repository.
‘‘(22) PROGRAM APPROACH.—The term ‘program
approach’ means the Civilian Radioactive Waste
Management Program Plan, dated July 1998, as
modified by this Act, and as amended from time to
time by the Secretary in accordance with this Act.
‘‘(23) 
REPOSITORY.—The 
term 
‘repository’
means a system designed and constructed under title
I of this Act for the permanent geologic disposal of
spent nuclear fuel and high-level radioactive waste,
including both surface and subsurface areas at which
spent nuclear fuel and high-level radioactive waste re-
ceipt, handling, possession, safeguarding, and storage
are conducted.
‘‘(24) SECRETARY.—The term ‘Secretary’ means
the Secretary of Energy.
‘‘(25) SITE CHARACTERIZATION.—The term ‘site
characterization’ means activities, whether in a lab-
oratory or in the field, undertaken to establish the
geologic condition and the ranges of the parameters of
the Yucca Mountain site relevant to the location of a
repository, including borings, surface excavations, ex-
cavations of exploratory facilities, limited subsurface
lateral excavations and borings, and in situ testing
needed to evaluate the licensability of the Yucca
Mountain site for the location of a repository, but not
including preliminary borings and geophysical test-
ing needed to assess whether site characterization
should be undertaken.
‘‘(26) SPENT NUCLEAR FUEL.—The term ‘spent
nuclear fuel’ means fuel, other than foreign spent nu-
clear fuel, as defined in section 131 f.(4) of the Atom-
ic Energy Act of 1954 (42 U.S.C. 2160(f)(4)), that
has been withdrawn from a nuclear reactor following
irradiation, the constituent elements of which have
not been separated by reprocessing.
‘‘(27) STORAGE.—The term ‘storage’ means re-
tention of spent nuclear fuel or high-level radioactive
waste with the intent to recover such waste or fuel for
subsequent use, processing, or disposal.
‘‘(28) WITHDRAWAL.—The term ‘withdrawal’ has
the same definition as that set forth in the Federal
Land Policy and Management Act (43 U.S.C. 1702 et
seq.).
‘‘(29) YUCCA MOUNTAIN SITE.—The term ‘Yucca
Mountain site’ means the area in the State of Nevada
that is withdrawn and reserved in accordance with
this Act for the location of a repository.
‘‘SEC. 3. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) while spent nuclear fuel can be safely stored
at reactor sites, the expeditious movement to and stor-
age of such spent nuclear fuel at a centralized Federal
facility will enhance the Nation’s environmental pro-
tection;
‘‘(2) while the Federal Government has the re-
sponsibility to provide for interim storage and per-
manent disposal of spent nuclear fuel and high-level
radioactive waste to protect the public health and
safety and the environment, the costs of such storage
and disposal should be the responsibility of the gen-
erators and owners of such waste and fuel, including
the Federal Government;
‘‘(3) in the interests of protecting the public
health and safety and the environment, promoting the
Nation’s energy security, and ensuring the Secretary’s
ability to commence acceptance of spent nuclear fuel
and high-level radioactive waste by June 30, 2003, it
is necessary for Congress to authorize the interim
storage facility;
‘‘(4) deficit-control measures designed to limit
appropriation of general revenues have limited the
availability of the Nuclear Waste Fund for its in-
tended purposes and threaten to undermine the repos-
itory program; and
‘‘(5) the Federal Government has the responsi-
bility to provide for the permanent disposal of waste
generated from United States atomic energy defense
activities.
‘‘(b) PURPOSES.—The purposes of this Act are—
‘‘(1) to direct the Secretary to develop an inte-
grated management system in accordance with this
Act so that the Department can accept spent nuclear
fuel and high-level radioactive waste for interim stor-
age commencing June 30, 2003, and for permanent
disposal at a repository commencing January 17,
2010;
‘‘(2) to authorize the Secretary to take title to
spent nuclear fuel and store it on civilian nuclear
power reactor sites in order to provide relief from the
financial and other burdens imposed on the owners
and operators of such reactors by the Secretary’s fail-
ure to accept spent nuclear fuel in accordance with
section 302(a)(5)(B) of the Nuclear Waste Policy Act
of 1982;
‘‘(3) to provide for the siting, construction, and
operation of a repository for permanent geologic dis-
posal of spent nuclear fuel and high-level radioactive
waste in order to adequately protect the public health
and safety and the environment;
‘‘(4) to ensure that consumers’ contributions to
the Nuclear Waste Fund are solely dedicated to the
purposes for which the Fund was established; and
‘‘(5) to provide a schedule and process for the ex-
peditious and safe development and commencement of
operation of an integrated management system and
any necessary modifications to the transportation in-
frastructure to ensure that the Secretary can accept
spent nuclear fuel and high-level radioactive waste.
‘‘TITLE I—INTEGRATED
MANAGEMENT SYSTEM
‘‘SEC. 101. TRANSPORTATION.
‘‘(a) IN GENERAL.—The Secretary shall take those ac-
tions that are necessary and appropriate to ensure that the
Secretary is able to accept and transport spent nuclear fuel
and high-level radioactive waste by June 30, 2003. The Sec-
retary shall make use of the most safe and efficient method
available to transport spent nuclear fuel and high-level ra-
dioactive waste to the interim storage facility and the Yucca
Mountain site. To the extent practicable, the Secretary shall
avoid the shipment of spent nuclear fuel and high-level ra-
dioactive waste through the Las Vegas metropolitan area.
‘‘(b) INTERMODAL TRANSFER.—In the event the Sec-
retary determines there is a need for rail to truck inter-
modal transfer, the Secretary shall do the following:
‘‘(1) Develop the capability to commence rail to
truck intermodal transfer at Caliente, Nevada, by
June 30, 2003.
‘‘(2) Acquire lands and rights-of-way necessary
to commence intermodal transfer at Caliente, Nevada.
‘‘(3) Acquire and develop on behalf of, and dedi-
cate to, the City of Caliente, Nevada, parcels of land
and rights-of-way as required to facilitate replace-
ment of land and city wastewater disposal activities
necessary to commence intermodal transfer pursuant
to this Act. Replacement of land and city wastewater
disposal activities shall occur by June 30, 2003.
‘‘(4) Within 6 months of the Secretary’s deter-
mination of a need for rail to truck intermodal
transfer—
‘‘(A) publish in the Federal Register a no-
tice containing a legal description of the sites
and rights-of-way to be acquired under this sub-
section; and
‘‘(B) file copies of a map of such sites and
rights-of-way with the Congress, the Secretary of
the Interior, the State of Nevada, the Archivist
of the United States, the Board of Lincoln Coun-
ty Commissioners, and the Caliente City Coun-
cil.
Such map and legal description shall have the same
force and effect as if they were included in this Act.
The Secretary may correct clerical and typographical
errors in legal descriptions and make minor adjust-
ments in the boundaries.
For purposes of carrying out this subsection, the Commis-
sion shall enter into a Memorandum of Understanding with
the City of Caliente and Lincoln County, Nevada, to pro-
vide advice to the Commission regarding intermodal trans-
fer and to facilitate on-site representation. Reasonable ex-
penses of such representation shall be paid by the Secretary.
‘‘(c) HEAVY-HAUL TRANSPORTATION ROUTE.—
‘‘(1) DESIGNATION OF ROUTE.—The route for the
heavy-haul truck transport of spent nuclear fuel and
high-level radioactive waste shall be as designated in
the map dated July 21, 1997 (referred to as ‘Heavy-
Haul Route’) and on file with the Secretary.
‘‘(2) TRUCK TRANSPORTATION.—The Secretary,
in consultation with the State of Nevada and appro-
priate counties and local jurisdictions, shall establish
reasonable terms and conditions pursuant to which
the Secretary may utilize heavy-haul truck transport
to move spent nuclear fuel and high-level radioactive
waste from Caliente, Nevada, to the interim storage
facility site.
‘‘(d) IMPROVEMENTS AND MAINTENANCE OF TRUCK
TRANSPORT ROUTE.—Notwithstanding any other law—
‘‘(1) the Secretary shall be responsible for—
‘‘(A) making improvements to existing
roadways in Nevada, and
‘‘(B) any costs related to improving or up-
grading Federal, State, and local roads within
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
‘‘(2) any such improvement, upgrading, or
maintenance activity shall be funded solely by appro-
priations made pursuant to sections 301 and 303 of
this Act.
‘‘(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) DESIGNATED ROUTE.—Consistent with the re-
quirements of subsection (a), the Secretary may, in lieu of
any other route designation under this section, enter into
discussions with the heads of other Federal agencies regard-
ing alternate routes between Caliente, Nevada and the
Yucca Mountain Site and running through the Nevada Test
Site and other Federal lands.
‘‘SEC. 102. TRANSPORTATION PLANNING.
‘‘(a) TRANSPORTATION READINESS.—
‘‘(1) IN GENERAL.—As soon as is practicable fol-
lowing the date of enactment of this Act, the Secretary
shall analyze each specific reactor facility and develop
a logistical plan to assure the Secretary’s ability to
transport spent nuclear fuel and high-level radio-
active waste, using routes that minimize, to the max-
imum practicable extent and consistent with Federal
requirements governing transportation of hazardous
materials, transportation of spent nuclear fuel and
high-level radioactive waste through populated areas.
‘‘(2) INSTITUTIONAL
PLANS.—In conjunction
with the development of the logistical plan in accord-
ance with paragraph (1), the Secretary shall update
and modify, as necessary, the Secretary’s transpor-
tation institutional plans to ensure that institutional
issues are addressed and resolved on a schedule to
support the commencement of transportation of spent
nuclear fuel and high-level radioactive waste to the
interim storage facility by June 30, 2003. Among
other things, such planning shall provide a schedule
and process for addressing and implementing, as nec-
essary, transportation routing plans, transportation
contracting plans, transportation training in accord-
ance with section 103, and transportation tracking
programs.
‘‘(b) RAIL ROUTES.—Not later than one year after the
date of enactment of this Act, the Secretary of Transpor-
tation 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 facility
site and the Yucca Mountain site. Such procedures shall
be established in consultation with the designated emer-
gency services planning management official for any State
or Indian tribe affected by the rail routes selected.
‘‘SEC. 103. 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 notifi-
cation of State and local governments before transportation
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 substan-
tial amounts of spent nuclear fuel or high-level radio-
active waste for training for public safety officials of
appropriate units of local government. Training shall
cover procedures required for safe routine transpor-
tation of these materials, as well as procedures for
dealing with emergency response situations. The Sec-
retary’s duty to provide technical and financial as-
sistance under this subsection shall be limited to
amounts specified in annual appropriations.
‘‘(2) EMPLOYEE ORGANIZATIONS.—
‘‘(A) IN
GENERAL.—The Secretary shall
provide technical assistance and funds for train-
ing directly to nonprofit employee organizations,
voluntary emergency response organizations, and
joint labor-management organizations that dem-
onstrate experience in implementing and oper-
ating worker health and safety training and edu-
cation programs and demonstrate the ability to
reach and involve in training programs target
populations of workers who are or will be di-
rectly engaged in the transportation of spent nu-
clear 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 re-
sponse 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 ra-
dioactive waste;
‘‘(II) instruction of public safety
officers in procedures for the command
and control of the response to any inci-
dent involving such fuel or 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 from the Nuclear Waste Fund.
‘‘(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
0 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) 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 commercial motor vehi-
cles), or the Commission (in the case of all other employees).
‘‘(f) TRAINING STANDARD.—
‘‘(1) REGULATION.—No later than 12 months
after the date of enactment of this Act, the Secretary
of Transportation, pursuant to authority under other
provisions of law, in consultation with the Secretary
of Labor and the Commission, shall promulgate a reg-
ulation establishing training standards applicable to
workers directly involved in the removal and trans-
portation of spent nuclear fuel and high-level radio-
active waste. The regulation shall specify minimum
training standards applicable to workers, including
managerial personnel. The regulation shall require
that the employer possess evidence of satisfaction of
the applicable training standard before any indi-
vidual may be employed in the removal and transpor-
tation 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 train-
ing standards for workers, then the Secretary of
Transportation can refrain from promulgating addi-
tional regulations with respect to worker training in
such activities. The Secretary of Transportation and
the Commission shall use their Memorandum of Un-
derstanding to ensure coordination of worker training
standards and to avoid duplicative regulation.
‘‘(3) TRAINING STANDARDS CONTENT.—If train-
ing standards are required to be promulgated under
paragraph (1), such standards shall, among other
things deemed necessary and appropriate by the Sec-
retary 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 on-site 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 re-
moval 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 STAND-
ARDS.—The training standards for persons respon-
sible for responding to emergency situations occurring
during the removal and transportation of spent nu-
clear fuel and high-level radioactive waste shall, in
accordance with existing regulations, ensure their
ability to protect nearby persons, property, or the en-
vironment from the effects of accidents involving spent
nuclear fuel and high-level radioactive waste.
‘‘(5) AUTHORIZATION.—There are authorized to
be appropriated to the Secretary of Transportation,
from general revenues, such sums as may be necessary
to perform his duties under this subsection.
‘‘SEC. 104. 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 facility
shall be subject to licensing pursuant to the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) in accordance with
the Commission’s regulations governing the licensing of
independent spent fuel storage installations and shall com-
mence operation in phases by June 30, 2003. The interim
storage facility shall store spent nuclear fuel and high-level
radioactive waste until the Secretary is able to dispose of
such fuel and waste in the repository. The annual accept-
ance rate at the interim storage facility shall be as follows:
600 MTU in 2003, 1200 MTU in 2004, 2000 MTU in 2005,
2000 MTU in 2006, 2700 MTU in 2007, and 3000 MTU
annually thereafter.
‘‘(b) DESIGN.—The design of the interim storage facil-
ity shall provide for the use of storage technologies licensed
or certified by the Commission for use at the interim storage
facility as necessary to ensure compatibility between the in-
terim storage facility and contract holders’ spent nuclear
fuel and facilities, and to facilitate the Secretary’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 order to commence
operations in phases by June 30, 2003.
‘‘(2) FIRST PHASE.—No later than 12 months
after the date of enactment of this Act, the Secretary
shall submit to the Commission an application for a
license for the first phase of the interim storage facil-
ity. The license for the first phase of the interim stor-
age facility shall have a term of 20 years. The first
phase of the interim storage facility shall have a ca-
pacity of not more than 10,000 MTU. The Commis-
sion shall issue a final decision 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 license.
‘‘(3) SECOND PHASE.—The Secretary shall sub-
mit to the Commission an application for a license
for the second phase of the interim storage facility.
The license for the second phase of the interim storage
facility shall have an additional storage capacity of
30,000 MTU. The license for the second phase of the
interim storage facility 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 facility
as soon as practicable after the date of enactment of
this Act and shall commence construction of the first
phase of the interim storage facility subsequent to
submittal of the license application except that the
Commission shall issue an order suspending such con-
struction at any time if the Commission determines
that such construction poses an unreasonable risk to
public health and safety and the environment. 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 Secretary
may utilize any facility, owned by the Federal Gov-
ernment on the date of enactment of this Act and
within the boundaries of Area 25 of the Nevada Test
Site, to protect the public health and safety or the en-
vironment before commencement of operations of the
second phase of the interim storage facility.
‘‘(e) NATIONAL
ENVIRONMENTAL
POLICY
ACT
OF
1969.—
‘‘(1) PRELIMINARY DECISIONMAKING ACTIVITIES
OF THE SECRETARY.—The designation by the Sec-
retary of the interim storage facility site, the prepara-
tion and submittal by the Secretary of any license ap-
plication for the interim storage facility, the construc-
tion and operation by the Secretary of the interim
storage facility, or any other activity of the Secretary
(other than under subsection (i)) under this section
shall be considered preliminary decisionmaking ac-
tivities for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). No such
activity shall require the preparation of an environ-
mental impact statement under section 102(2)(C) of
the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) or require any environmental re-
view under subparagraph (E) or (F) of such Act.
‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—
‘‘(A) FINAL
DECISION
OF
THE
COMMIS-
SION.—A final decision of the Commission to
grant or deny a license application for the first
or second phase of the interim storage facility
shall be accompanied by an Environmental Im-
pact Statement prepared under section 102(2)(C)
of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)). In preparing such
Environmental 
Impact 
Statement, 
the
Commission—
‘‘(i) shall assume that 40,000 MTU
will be stored at the interim storage facility;
and
‘‘(ii) shall analyze the impacts of the
transportation of spent nuclear fuel and
high-level radioactive waste to the interim
storage facility in a generic manner.
‘‘(B) 
CONSIDERATIONS.—Such 
Environ-
mental Impact Statement shall not consider—
‘‘(i) the need for the interim storage fa-
cility, including any individual component
thereof;
‘‘(ii) the time of the initial availability
of the interim storage facility;
‘‘(iii) any alternatives to the storage of
spent nuclear fuel and high-level radioactive
waste at the interim storage facility;
‘‘(iv) any alternatives to the site of the
interim storage facility as designated by the
Secretary;
‘‘(v) any alternatives to the design cri-
teria for the interim storage facility or any
individual component thereof, as specified
by the Secretary 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.
‘‘(3) ON-SITE STORAGE.—Activities of the Sec-
retary under subsection (i) are not major Federal ac-
tions subject to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(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 before its final decision on review of
the Commission’s licensing action.
‘‘(g) WASTE CONFIDENCE.—The Secretary’s obligation
to construct and operate the interim storage facility in ac-
cordance with this section and the Secretary’s obligation to
develop an integrated management system in accordance
with the provisions of this Act, shall provide sufficient and
independent grounds for any further findings by the Com-
mission of reasonable assurance that spent nuclear fuel and
high-level radioactive waste will be disposed of safely and
on a timely basis for purposes of the Commission’s decision
to grant or amend any license to operate any civilian nu-
clear power reactor under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.).
‘‘(h) SAVINGS CLAUSE.—Nothing in this Act shall af-
fect the Commission’s procedures for the licensing of any
technology for the dry storage of spent nuclear fuel at the
site of any civilian nuclear power reactor as adopted by
the Commission under section 218 of the Nuclear Waste Pol-
icy Act of 1982, as in effect before the date of enactment
of this Act. The establishment of such procedures shall not
preclude the licensing, under any applicable procedures or
rules of the Commission in effect before such establishment,
of any technology for the storage of spent nuclear fuel at
the site of any civilian nuclear power reactor.
‘‘(i) STORAGE ON-SITE BY THE GOVERNMENT.—In
order to provide relief from the financial and other burdens
imposed on owners and operators of civilian nuclear power
reactors by the Secretary’s failure to accept spent nuclear
fuel in accordance with section 302(a)(5)(B) of the Nuclear
Waste Policy Act of 1982, the Secretary may take title to
spent nuclear fuel generated by civilian nuclear power reac-
tors for storage on the site of such reactors.
‘‘SEC. 105. PERMANENT DISPOSAL.
‘‘(a) SITE CHARACTERIZATION.—
‘‘(1) GUIDELINES.—The guidelines promulgated
by the Secretary and published at 10 CFR part 960
are annulled and revoked and the Secretary shall
make no assumptions or conclusions about the
licensability of the Yucca Mountain site as a reposi-
tory by reference to such guidelines.
‘‘(2) SITE CHARACTERIZATION ACTIVITIES.—The
Secretary shall carry out appropriate site character-
ization activities at the Yucca Mountain site in ac-
cordance with the Secretary’s program approach.
‘‘(3) DATE.—By December 31, 2002, the Sec-
retary shall apply to the Commission for authoriza-
tion to construct a repository that will commence op-
erations by January 17, 2010. If, at any time before
the filing of such application, the Secretary deter-
mines that the Yucca Mountain site cannot satisfy the
Commission’s regulations applicable to the licensing
of a geologic repository, the Secretary shall terminate
site characterization activities at the site, notify Con-
gress and the State of Nevada of the Secretary’s deter-
mination and the reasons therefor, and recommend to
Congress not later than 6 months after such deter-
mination further actions, including the enactment of
legislation, that may be needed to manage the Na-
tion’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 enact-
ment of this Act, the Commission shall amend its regula-
tions 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 subsection (c),
such regulations shall provide for the licensing of the reposi-
tory 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 reg-
ulations 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 operate—
‘‘(A) in conformity with the Secretary’s ap-
plication, the provisions of this Act, and the reg-
ulations 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 repository
and collecting sufficient confirmatory data on reposi-
tory performance to reasonably confirm the basis for
repository closure consistent with the Commission’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 license amendment upon
finding that there is reasonable assurance that the re-
pository can be permanently closed—
‘‘(A) in conformity with the Secretary’s ap-
plication to amend the license, 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.
‘‘(4) POST-CLOSURE.—The Secretary shall take
those actions necessary and appropriate at the Yucca
Mountain site to prevent any activity at the site sub-
sequent to repository closure that poses an unreason-
able 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 re-
lease standard established in subsection (d)(1).
‘‘(c) MODIFICATION OF REPOSITORY LICENSING PRO-
CEDURE.—The Commission’s regulations shall provide for
the modification of the repository licensing procedure, as
appropriate, in the event that the Secretary seeks a license
to permit the emplacement in the repository, on a retriev-
able 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 re-
leases of radioactive materials or radioactivity from the re-
pository and any such standards existing on the date of
enactment of this Act shall not be incorporated in the Com-
mission’s licensing regulations. The Commission’s reposi-
tory licensing determinations for the protection of the pub-
lic shall be based solely on a finding whether the repository
can be operated in conformance with the overall system per-
formance standard established in paragraph (1)(A) and ap-
plied in accordance with the provisions of paragraph
(1)(B). The Commission shall amend its regulations in ac-
cordance with subsection (b) to incorporate each of the fol-
lowing licensing standards:
‘‘(1) RELEASE STANDARD.—
‘‘(A) ESTABLISHMENT OF OVERALL SYSTEM
PERFORMANCE
STANDARD.—The standard for
protection of the public from release of radio-
active material or radioactivity from the reposi-
tory shall prohibit releases that would expose an
average member of the general population in the
vicinity of the Yucca Mountain site to an annual
dose in excess of 100 millirems unless the Com-
mission, in consultation with the Administrator
of the Environmental Protection Agency, deter-
mines by rule that such standard will not pro-
vide for adequate protection of the health and
safety of the public and establishes by rule an-
other standard which will provide for adequate
protection of the health and safety of the public.
Such standard shall constitute an overall system
performance standard.
‘‘(B) APPLICATION
OF
OVERALL
SYSTEM
PERFORMANCE
STANDARD.—The 
Commission
shall issue the license if it finds reasonable assur-
ance that—
‘‘(i) for the first 1,000 years following
the commencement of repository operations,
the overall system performance standard
will be met based on a deterministic or
probabilistic evaluation of the overall per-
formance 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 compliance
with the overall system performance stand-
ard 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 inclu-
sion of engineered barriers and the Secretary’s post-
closure actions at the Yucca Mountain site, in accord-
ance with subsection (b)(3), shall be sufficient to—
‘‘(A) prevent any human activity at the site
that poses an unreasonable risk of breaching the
repository’s engineered or geologic barriers; and
‘‘(B) prevent any increase in the exposure of
individual members of the public to radiation
beyond allowable limits as specified in para-
graph (1).
‘‘(e) NATIONAL ENVIRONMENTAL POLICY ACT.—
‘‘(1) COMMISSION REGULATIONS.—The promul-
gation of standards or criteria by the Commission in
accordance with the provisions of this section shall
not require the preparation of an environmental im-
pact statement under section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) or require any environmental review
under subparagraph (E) or (F) of section 102(2) of
such Act.
‘‘(2) SUBMISSION OF STATEMENT.—Construction
and operation of the repository shall be considered a
major Federal action significantly affecting the qual-
ity of the human environment for purposes of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). The Secretary shall submit an environ-
mental impact statement on the construction and op-
eration of the repository to the Commission with the
application for construction authorization.
‘‘(3) CONSIDERATIONS.—For purposes of com-
plying with the requirements of the National Envi-
ronmental Policy Act of 1969 and this section, the
Secretary shall not consider in the environmental im-
pact statement the need for the repository, the time of
the initial availability of the repository, alternate
sites for the Yucca Mountain site, or any alternatives
to the disposal of spent nuclear fuel and high-level ra-
dioactive waste in a repository.
‘‘(4) ADOPTION
BY
COMMISSION.—The Sec-
retary’s environmental impact statement and any
supplements thereto shall, to the extent practicable, be
adopted by the Commission in connection with the
issuance by the Commission of a construction author-
ization under subsection (b)(1), a license under sub-
section (b)(2), or a license amendment under sub-
section (b)(3). To the extent such statement or supple-
ment is adopted by the Commission, such adoption
shall be deemed to also satisfy the responsibilities of
the Commission under the National Environmental
Policy Act of 1969, and no further consideration shall
be required, except that nothing in this subsection
shall affect any independent responsibilities of the
Commission to protect the public health and safety
under the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.). In any such statement prepared with
respect to the repository, the Commission shall not
consider the need for a repository, the time of initial
availability of the repository, alternate sites for the
Yucca Mountain site, or any alternatives to the dis-
posal of spent nuclear fuel and high-level radioactive
waste in a repository.
‘‘(f) JUDICIAL REVIEW.—No court shall have jurisdic-
tion to enjoin issuance of the Commission repository licens-
ing regulations before its final decision on review of such
regulations.
‘‘SEC. 106. 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, appropriation,
and disposal under the public land laws, including
the mineral leasing laws, the geothermal leasing laws,
the material sale laws, and the mining laws.
‘‘(2) JURISDICTION.—Jurisdiction over 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 oper-
ation, respectively, of the interim storage facility and
the repository and activities associated with the pur-
poses of this title.
‘‘(b) LAND DESCRIPTION.—
‘‘(1) BOUNDARIES FOR INTERIM STORAGE FACIL-
ITY SITE.—The Secretary shall establish the bound-
aries and have maps drawn for the interim storage
facility site.
‘‘(2) BOUNDARIES
FOR
THE
YUCCA
MOUNTAIN
SITE.—The boundaries depicted on the map entitled
‘Yucca Mountain Site Withdrawal Map’, dated July
28, 1995, and on file with the Secretary, are estab-
lished as the boundaries of the Yucca Mountain site.
‘‘(3) NOTICE AND MAPS FOR THE INTERIM STOR-
AGE FACILITY SITE.—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 legal description (in-
cluding maps) 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 FOR THE YUCCA MOUN-
TAIN SITE.—Concurrent with the Secretary’s applica-
tion to the Commission for authority 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 Sec-
retary of the Interior, the Governor of Nevada,
and the Archivist of the United States.
‘‘(5) CONSTRUCTION.—The legal descriptions of
the interim storage facility site and the Yucca Moun-
tain 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 clerical and typo-
graphical errors in the maps and legal descriptions
and make minor adjustments in the boundaries of the
sites.
‘‘SEC. 107. APPLICABILITY.
‘‘Nothing in this Act shall affect the application of
chapter 51 of title 49, United States Code; part A of subtitle
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 II—LOCAL RELATIONS
‘‘SEC. 201. 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 Sec-
retary.
‘‘SEC. 202. 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, con-
cerning 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 mutual con-
sent of the parties to the amendment and terminated only
in accordance with subsection (c).
‘‘(c) TERMINATION.—The Secretary shall terminate an
agreement under subsection (a) if any element of the inte-
grated 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. 203. 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 202(a) in accordance
with the following schedule:
‘‘BENEFITS SCHEDULE
[Amounts in millions]
Event
Amount
(A) Annual payments before first spent fuel receipt ...............................
$2.5
(B) Payment upon first spent fuel receipt ...............................................
$5
(C) Annual payments after first spent fuel receipt until closure of fa-
cility ........................................................................................................
$5
‘‘(2) DEFINITION.—For purposes of this section,
the term ‘first spent fuel receipt’ means the acceptance
of spent nuclear fuel or high-level radioactive waste
for storage at the interim storage facility or disposal
at the repository but does not include acceptance for
purposes of testing or operational demonstration.
‘‘(3) ANNUAL PAYMENTS.—Annual payments be-
fore first spent fuel receipt under line (A) of the bene-
fits schedule shall be made on the date of execution of
the benefits agreement and thereafter on the anniver-
sary date of such execution. Annual payments after
the first spent fuel receipt until closure of the facility
under line (C) of the benefits schedule shall be made
on the anniversary date of such first spent fuel re-
ceipt.
‘‘(4) REDUCTION.—If the first spent fuel pay-
ment under line (B) is made within 6 months after
the last annual payment before the first spent fuel re-
ceipt under line (A) of the benefits schedule, such first
spent fuel payment under line (B) of the benefits
schedule shall be reduced by an amount equal to 1⁄12
of such annual payment under line (A) of the benefits
schedule for each full month less than 6 that has not
elapsed since the last annual payment under line (A)
of the benefits schedule.
‘‘(b) CONTENTS.—A benefits agreement under section
202 shall provide that—
‘‘(1) the parties to the agreement shall share with
one another information relevant to the licensing
process for the interim storage facility or repository,
as it becomes available; and
‘‘(2) the affected unit of local government that is
party to such agreement may comment on the devel-
opment 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 Secretary
on a valid benefits agreement under section 202 shall con-
stitute a commitment by the United States to make pay-
ments in accordance with such agreement.
‘‘SEC. 204. 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 implied, either under the Constitution
of the State of Nevada or any law thereof, to the siting of
the interim storage facility or repository in the State of Ne-
vada.
‘‘(b) ARGUMENTS.—Neither the United States nor any
other entity may assert any argument based on legal or eq-
uitable estoppel, acquiescence, waiver, or consensual in-
volvement, in response to any decision by the State of Ne-
vada to oppose the siting in the State of Nevada of the in-
terim 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 may be
asserted against the State of Nevada, its Governor, any offi-
cial thereof, or any official of any governmental unit there-
of, premised solely upon the acceptance or use of benefits
under this title.
‘‘SEC. 205. RESTRICTION ON USE OF FUNDS.
‘‘None of the funding provided under section 203 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; or
‘‘(3) to support multistate efforts or other coali-
tion-building activities inconsistent with the purposes
of this Act.
‘‘SEC. 206. INITIAL LAND CONVEYANCES.
‘‘(a) CONVEYANCE OF PUBLIC LANDS.—Within 120
days after October 1, 2000, 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 or the
City of Caliente, Nevada, unless the county or city notifies
the Secretary of the Interior or the head of such other appro-
priate 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 Coun-
ty of Nye, County of Lincoln, or the City of Caliente in
Nevada under this subsection that are subject to a Federal
grazing permit or a similar federally granted privilege shall
be conveyed between 60 and 120 days of the earliest time
the Federal agency administering or granting the privilege
would be able to legally terminate such privilege under the
statutes and regulations existing on October 1, 2000, unless
the Federal agency, county or city, and the affected holder
of the privilege negotiate an agreement that allows for an
earlier conveyance, but in no case to occur earlier than Oc-
tober 1, 2000.
‘‘(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 following
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 Landfill
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 Octo-
ber 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 Octo-
ber 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 activi-
ties. 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 subpara-
graph (E) or (F) of section 102(2) of such Act.
‘‘SEC. 207. PAYMENTS IN LIEU OF TAXES.
‘‘(a) TAXABLE AMOUNTS.—In addition to financial
assistance provided under this title, the Secretary is author-
ized 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 authorized
to tax integrated management system activities, as such af-
fected Indian tribe or affected unit of local government taxes
the non-Federal real property and industrial activities oc-
curring within such affected unit of local government.
‘‘(b) TERMINATION.—Such grants shall continue until
the Secretary permanently closes the repository.
‘‘(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 Sec-
retary notifies the affected Indian tribe or affected
unit of local government of the termination of the op-
eration 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 integrated
management system activities at such site are termi-
nated by the Secretary or if such activities are per-
manently enjoined by any court.
‘‘TITLE III—FUNDING AND
ORGANIZATION
‘‘SEC. 301. NUCLEAR WASTE FUND.
‘‘ (a) CONTRACTS.—
‘‘(1) IN GENERAL.—In the performance of the
Secretary’s functions under this Act, the Secretary is
authorized to enter into contracts with any person
who generates or holds title to high-level radioactive
waste or spent nuclear fuel for the acceptance of title,
on-site storage, subsequent transportation, interim
storage, and disposal of such waste or spent fuel. Such
contracts shall provide for payment to the Secretary
of fees pursuant to paragraphs (2) and (3) sufficient
to offset expenditures for the integrated management
system.
‘‘(2) FEE FOR ELECTRICITY GENERATED.—For
electricity generated by a civilian nuclear power reac-
tor and sold after the date of enactment of this Act,
the fee under paragraph (1) shall be equal to 1.0 mill
per kilowatt-hour.
‘‘(3) ONE-TIME FEE.—The one-time fee collected
under contracts executed under section 302(a) of the
Nuclear Policy Waste Act of 1982 after the date of en-
actment of this Act on spent nuclear fuel or high-level
radioactive waste derived from spent nuclear fuel,
which fuel was used to generate electricity in a civil-
ian nuclear power reactor before April 7, 1983, shall
be paid to the Nuclear Waste Fund. In paying such
a fee to the Secretary, the person delivering such
spent nuclear fuel or high-level radioactive waste de-
rived from spent nuclear fuel shall have no further fi-
nancial obligation to the Federal Government for the
long-term storage and permanent disposal of such
spent nuclear fuel or high-level radioactive waste.
‘‘(4) PAYMENT
PROCEDURES.—The Secretary
shall annually review the amount of the fees estab-
lished by paragraph (2) to evaluate whether collection
of the fee will provide sufficient revenues to offset ex-
penditures for the integrated management system. In
the event the Secretary determines that either insuffi-
cient or excess revenues are being collected, in order
to recover the costs incurred for the integrated man-
agement system, the Secretary shall propose an ad-
justment to the fee to ensure full cost recovery. The
Secretary shall immediately transmit this proposal
for such an adjustment to Congress. The adjusted fee
proposed by the Secretary shall be effective after a pe-
riod of 90 days of continuous session have elapsed fol-
lowing the receipt of such transmittal unless during
such 90-day period a joint resolution disapproving
the Secretary’s proposed adjustment is enacted into
law.
‘‘(5) CONTRACTS.—
‘‘(A) CONTRACTS
UNDER
SECTION
302.—
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 extent that such contracts
have been modified by the parties to such con-
tracts.
‘‘(B) CONTRACTS UNDER THIS ACT.—Con-
tracts entered into under paragraph (1) of this
subsection shall provide that—
‘‘(i) following commencement of oper-
ation of a repository, the Secretary shall
take title to the spent nuclear fuel or high-
level radioactive waste involved as expedi-
tiously as practicable upon the request of
the generator or owner of such spent fuel or
waste; and
‘‘(ii) in return for the payment of fees
established by this section, the Secretary
shall as expeditiously as practicable dispose
of the high-level radioactive waste or spent
nuclear fuel involved.
‘‘(6) RIGHTS OF CONTRACT HOLDERS.—With re-
spect to any contract entered into under section
302(a) of the Nuclear Waste Policy Act of 1982 and
continued in effect under paragraph (5)(A), either
party may propose to amend the contract as nec-
essary to provide for storage of spent nuclear fuel or
high-level nuclear waste in the interim storage facility
established under section 104 of this Act or to have
the Secretary take title under subsection (i) of such
section to spent nuclear fuel or high-level nuclear
waste for the purpose of on-site storage. The party
proposing such an amendment shall notify the other
party to the contract of its intent to enter into such
an amendment. Contract amendments may be entered
into at any time after the date of the enactment of
this Act.
‘‘(7) SECRETARY’S OBLIGATION WITH RESPECT
TO
PROPOSED
CONTRACT
AMENDMENTS.—The Sec-
retary shall—
‘‘(A) provide notice to the public of any
offer to amend a contract under paragraph (6);
and
‘‘(B) provide an initial response to any
such offer made by another party within 30 days
of the date notice is given under paragraph (6).
‘‘(8) EFFECT ON AUTHORITY TO BRING OR MAIN-
TAIN AN ACTION.—Upon the effective date of any con-
tract amendment entered into under paragraph (6),
the parties to such an amendment shall be deemed to
have waived any authority to bring or maintain an
action against the Secretary (other than an action for
costs incurred before such effective date) for failure to
accept its spent nuclear fuel in accordance with sec-
tion 302(a)(5)(B) of the Nuclear Waste Policy Act of
1982.
‘‘(9) LIABILITY.—Nothing in this Act shall be
construed to subject the United States to financial li-
ability for any failure of the Secretary to meet any
deadline established in this Act.
‘‘(b) ADVANCE CONTRACTING REQUIREMENT.—
‘‘(1) LICENSE ISSUANCE AND RENEWAL.—
‘‘(A) IN GENERAL.—The Commission shall
not issue or renew a license to any person to use
a utilization or production facility under the au-
thority of section 103 or 104 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2133, 2134)
unless—
‘‘(i) such person has entered into a
contract with the Secretary under this sec-
tion; or
‘‘(ii) the Secretary affirms in writing
that such person is actively and in good
faith negotiating with the Secretary for a
contract under this section.
‘‘(B) PRECONDITION.—The Commission, as
it deems necessary or appropriate, may require
as a precondition to the issuance or renewal 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 dis-
posal of high-level radioactive waste and spent
nuclear fuel that may result from the use of such
license.
‘‘(2) CONTRACT REQUIREMENT.—Except as pro-
vided 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 stored or disposed of by the Sec-
retary in any facility constructed under this Act un-
less the generator or owner of such spent fuel or waste
has entered into a contract with the Secretary under
this section 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) ASSIGNABLE
RIGHTS
AND
DUTIES.—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) GOVERNMENT FUEL AND WASTE.—No high-
level radioactive waste or spent nuclear fuel 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 Sec-
retary in any facility constructed under this Act un-
less such department transfers to the Secretary, for
deposit in the Nuclear Waste Fund, amounts equiva-
lent to the fees that would be paid to the Secretary
under the contracts referred to in this section if such
waste or spent fuel were generated by any other per-
son.
‘‘(c) NUCLEAR WASTE FUND.—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. The Nuclear Waste Fund
shall consist of—
‘‘(1) all receipts, proceeds, and recoveries realized
by the Secretary under subsections (a), (b), and (e),
which shall be deposited in the Nuclear Waste Fund
immediately upon their realization;
‘‘(2) any appropriations made by the Congress
to the Nuclear Waste Fund; and
‘‘(3) any unexpended balances available on the
date of enactment of this Act for the disposal of spent
nuclear fuel or high-level radioactive waste, which
shall automatically be transferred to the Nuclear
Waste Fund on such date.
‘‘(d) USE OF NUCLEAR WASTE FUND.—The Secretary
may make expenditures from the Nuclear Waste Fund, sub-
ject to subsection (e), only for purposes of the integrated
management system.
‘‘(e) ADMINISTRATION OF NUCLEAR WASTE FUND.—
‘‘(1) SECRETARY OF THE TREASURY.—The Sec-
retary of the Treasury shall hold the Nuclear Waste
Fund and, after consultation with the Secretary, an-
nually report to the Congress on the financial condi-
tion and operations of the Nuclear Waste Fund dur-
ing the preceding fiscal year.
‘‘(2) BUDGET.—The Secretary shall submit the
budget of the Nuclear Waste Fund to the Office of
Management and Budget annually along with the
budget of the Department of Energy submitted at such
time in accordance with chapter 11 of title 31, United
States Code. The budget of the Nuclear Waste Fund
shall consist of the estimates made by the Secretary
of expenditures from the Nuclear Waste Fund and
other relevant financial matters for the succeeding 3
fiscal years. The Secretary may make expenditures
from the Nuclear Waste Fund, subject to appropria-
tions which shall remain available until expended.
‘‘(3) INVESTMENT OF EXCESS.—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 Treasury to
invest such amounts, or any portion of such amounts
as the Secretary determines to be appropriate, in obli-
gations of the United States—
‘‘(A) having maturities determined by the
Secretary of the Treasury to be appropriate to
the needs of the Nuclear Waste Fund; and
‘‘(B) bearing interest at rates determined to
be appropriate by the Secretary of the Treasury,
taking into consideration the current average
market yield on outstanding marketable obliga-
tions of the United States with remaining peri-
ods to maturity comparable to the maturities of
such investments, except that the interest rate on
such investments shall not exceed the average in-
terest rate applicable to existing borrowings.
‘‘(4) EXEMPTION.—Receipts, proceeds, and recov-
eries 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.
‘‘(5) OBLIGATIONS.—If at any time the moneys
available in the Nuclear Waste Fund are insufficient
to enable the Secretary to discharge the Secretary’s re-
sponsibilities under this Act, the Secretary shall issue
to the Secretary of the Treasury obligations in such
forms and denominations, bearing such maturities,
and subject to such terms and conditions as may be
agreed to by the Secretary and the Secretary of the
Treasury. The total of such obligations shall not ex-
ceed amounts provided in appropriation Acts. Re-
demption of such obligations shall be made by the
Secretary from moneys available in the Nuclear
Waste Fund. Such obligations shall bear interest at a
rate determined by the Secretary of the Treasury,
which shall be not less than a rate determined by tak-
ing into consideration the average market yield on
outstanding marketable obligations of the United
States of comparable maturities during the month
preceding the issuance of the obligations under this
paragraph. The Secretary of the Treasury shall pur-
chase any issued obligations, and for such purpose the
Secretary of the Treasury is authorized to use as a
public debt transaction the proceeds from the sale of
any securities issued under chapter 31 of title 31,
United States Code, and the purposes for which secu-
rities may be issued under such chapter are extended
to include any purchase of such obligations. The Sec-
retary of the Treasury may at any time sell any of
the obligations acquired by him under this para-
graph. All redemptions, purchases, and sales by the
Secretary of the Treasury of obligations under this
paragraph shall be treated as public debt transactions
of the United States.
‘‘(6) REPAYMENT.—Any appropriations made
available to the Nuclear Waste Fund under para-
graph (5) shall be repaid into the general fund of the
Treasury, together with interest from the date of
availability of the appropriations until the date of re-
payment. Such interest shall be paid on the cumu-
lative amount of appropriations available to the Nu-
clear Waste Fund, less the average undisbursed cash
balance in the Nuclear Waste Fund account during
the fiscal year involved. The rate of such interest shall
be determined by the Secretary of the Treasury taking
into consideration the average market yield during
the month preceding each fiscal year on outstanding
marketable obligations of the United States of com-
parable maturity. Interest payments may be deferred
with the approval of the Secretary of the Treasury,
but any interest payments so deferred shall themselves
bear interest.
‘‘(f) BUDGET STATUS OF NUCLEAR WASTE FUND.—
Notwithstanding any other provision of law, the receipts
and disbursements of the Nuclear Waste Fund shall not be
counted as new budget authority, outlays, receipts, or deficit
or surplus for purposes of—
‘‘(1) the budget of the United States Government
as submitted by the President;
‘‘(2) the congressional budget; or
‘‘(3) the Balanced Budget and Emergency Deficit
Control Act of 1985.
‘‘SEC. 302. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN-
AGEMENT.
‘‘(a) CONTINUATION OF OFFICE OF CIVILIAN RADIO-
ACTIVE WASTE MANAGEMENT.—The Office of Civilian Ra-
dioactive Waste Management established under section
304(a) of the Nuclear Waste Policy Act of 1982 as con-
stituted before the date of enactment of this Act, shall con-
tinue 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 super-
vision 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 practices
of private corporations engaged in large nuclear con-
struction projects consistent with its role in the pro-
gram.
‘‘(2) TIME.—The management practices and per-
formances of the Office of Civilian Radioactive Waste
Management shall be audited every 5 years by an
independent management consulting firm with sig-
nificant experience in similar audits of private cor-
porations 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 Comptroller
General of the United States shall annually make an
audit of the Office, in accordance with such regula-
tions 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 sub-
section shall take longer than 30 days to conduct. An
audit report shall be issued in final form no longer
than 60 days after the audit is commenced.
‘‘(5) PUBLIC
DOCUMENTS.—All audit reports
shall be public documents and available to any indi-
vidual upon request.
‘‘SEC. 303. 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 per-
manent disposal of spent nuclear fuel and high-level radio-
active waste from atomic energy defense activities and spent
nuclear fuel from foreign research reactors. The share of
costs allocable to the management of spent nuclear fuel and
high-level radioactive waste from atomic energy defense ac-
tivities 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 re-
spect 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 gen-
eral revenues in amounts sufficient to pay the costs of the
management of materials described in subsection (a).
‘‘(c) REPORT.—The Secretary shall advise the Con-
gress annually of the amount of spent nuclear fuel and high-
level radioactive waste from atomic energy defense activities
and spent nuclear fuel from foreign research reactors requir-
ing management in the integrated management system.
‘‘(d) AUTHORIZATION.—There is authorized to be ap-
propriated to the Secretary, from general revenues, for car-
rying out the purposes of this Act, such sums as may be
necessary to pay the costs of the management of spent nu-
clear fuel and high-level radioactive waste from atomic en-
ergy defense activities as established under subsection (a).
‘‘TITLE IV—GENERAL AND
MISCELLANEOUS PROVISIONS
‘‘SEC. 401. 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 En-
ergy Act of 1954 and this Act in implementing the inte-
grated 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. 402. WATER RIGHTS.
‘‘(a) NO FEDERAL RESERVATION.—Nothing in this
Act or any other Act of Congress shall constitute or be con-
strued to constitute either an express or implied Federal
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 necessary to
carry out its responsibilities under this Act pursuant to the
substantive and procedural requirements of the State of Ne-
vada. Nothing in this Act shall be construed 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. 403. JUDICIAL REVIEW OF AGENCY ACTIONS.
‘‘(a) JURISDICTION OF UNITED STATES COURTS OF
APPEALS.—
‘‘(1) ORIGINAL AND EXCLUSIVE JURISDICTION.—
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 Com-
mission 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 assess-
ment made pursuant to the National Environ-
mental 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 statement
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. 404. 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 compaction, the
transshipment of spent nuclear fuel to another civilian nu-
clear power reactor within the same utility system, the con-
struction 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 par-
ties. The oral argument shall be preceded by such discovery
procedures as the rules of the Commission shall provide. The
Commission shall require each party, including the Com-
mission staff, to submit in written form, at the time of the
oral argument, a summary of the facts, data, and argu-
ments 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 submitted by the parties during oral
argument, the Commission shall only consider those facts
and data that are submitted in the form of sworn testimony
or written submission.
‘‘(b) ADJUDICATORY HEARING.—
‘‘(1) DESIGNATION.—At the conclusion of any
oral argument under subsection (a), the Commission
shall designate any disputed question of fact, together
with any remaining questions of law, for resolution
in an adjudicatory hearing only if it determines
that—
‘‘(A) there is a genuine and substantial dis-
pute of fact which can only be resolved with suf-
ficient accuracy by the introduction of evidence
in an adjudicatory hearing; and
‘‘(B) the decision of the Commission is like-
ly to depend in whole or in part on the resolu-
tion of such dispute.
‘‘(2) DETERMINATION.—In making a determina-
tion 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 hearing 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, construc-
tion, or operation of the facility or activity
for which such license application, author-
ization, or amendment is being considered;
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 licenses,
authorizations, or amendments to licenses or author-
izations, applied for under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.) before January 1, 2015.
‘‘(4) CONSTRUCTION.—The provisions of this sec-
tion shall not apply to the first application for a li-
cense or license amendment received by the Commis-
sion to expand on-site spent fuel storage capacity by
the use of a new technology not previously approved
for use at any nuclear power plant by the Commis-
sion.
‘‘(c) JUDICIAL REVIEW.—No court shall hold unlawful
or set aside a decision of the Commission in any proceeding
described in subsection (a) because of a failure by the Com-
mission to use a particular procedure pursuant to this sec-
tion unless—
‘‘(1) an objection to the procedure used was pre-
sented to the Commission in a timely fashion or there
are extraordinary circumstances that excuse the fail-
ure 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. 405. 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 Presi-
dent and to Congress on or after January 1, 2007, but not
later than January 1, 2010, on the need for a second reposi-
tory.
‘‘SEC. 406. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RA-
DIOACTIVE WASTE SITE CLOSURE.
‘‘(a) FINANCIAL ARRANGEMENTS.—
‘‘(1) STANDARDS AND INSTRUCTIONS.—The Com-
mission 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 Com-
mission may deem necessary or desirable to ensure in
the case of each license for the disposal of low-level ra-
dioactive waste that an adequate bond, surety, or
other financial arrangement (as determined by the
Commission) will be provided by a licensee to permit
completion of all requirements established by the
Commission for the decontamination, decommis-
sioning, site closure, and reclamation of sites, struc-
tures, and equipment used in conjunction with such
low-level radioactive waste. Such financial arrange-
ments shall be provided and approved by the Commis-
sion, 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 appro-
priate State or State entity, before issuance of licenses
for low-level radioactive waste disposal or, in the case
of licenses in effect on January 7, 1983, before termi-
nation 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 paragraph (1),
the Commission shall ensure before termination of the
license involved that the licensee has made available
such bonding, surety, or other financial arrangements
as may be necessary to ensure that any necessary
long-term maintenance or monitoring needed for such
site will be carried out by the person having title and
custody for such site following license termination.
‘‘(b) TITLE AND CUSTODY.—
‘‘(1) AUTHORITY OF SECRETARY.—The Secretary
shall have authority to assume title and custody 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 termination of
the license issued by the Commission for such dis-
posal, if the Commission determines that—
‘‘(A) the requirements of the Commission for
site closure, decommissioning, and decontamina-
tion have been met by the licensee involved and
that such licensee is in compliance with the pro-
visions 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 envi-
ronment.
‘‘(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 involved,
shall assume title and custody of such waste and the land
on which it is disposed when such site has been decontami-
nated and stabilized in accordance with the requirements
established by the Commission and when such owner has
made adequate financial arrangements approved by the
Commission for the long-term maintenance and monitoring
of such site.
‘‘SEC. 407. NUCLEAR REGULATORY COMMISSION TRAINING
AUTHORIZATION.
‘‘The Commission shall promulgate regulations, or
other appropriate regulatory guidance, for the training and
qualifications of civilian nuclear powerplant operators, su-
pervisors, technicians, and other appropriate operating per-
sonnel. Such regulations or guidance shall establish simu-
lator training requirements for applicants for civilian nu-
clear powerplant operator licenses and for operator requali-
fication programs; requirements governing Commission ad-
ministration of requalification examinations; requirements
for operating tests at civilian nuclear powerplant simula-
tors, and instructional requirements for civilian nuclear
powerplant licensee personnel training programs.
‘‘SEC. 408. SUBSEABED OR OCEAN WATER DISPOSAL.
‘‘Notwithstanding any other provision of law—
‘‘(1) the subseabed or ocean water disposal of
spent nuclear fuel or high-level radioactive waste is
prohibited; and
‘‘(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. 409. 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 prod-
ucts 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 entity
using funds made available under this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement 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 agen-
cy that any person intentionally affixed a label bearing 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 contract or sub-
contract made with funds made available under this Act,
pursuant to the debarment, suspension, and ineligibility