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tion to the Secretary to fulfill obligations arising
under this subsection.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—(A)
There are authorized to be appropriated to the Sec-
retary such sums as may be necessary to cover the
cost of loan guarantees, as defined by section 502(5)
of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)).
‘‘(B) There are authorized to be appropriated to
the Secretary such sums as may be necessary to cover
the administrative expenses related to carrying out
the loan guarantee program established by this sub-
section.
‘‘(4) LIMITATION
ON
AMOUNT.—The aggregate
outstanding amount guaranteed by the Secretary of
Energy at any one time under this subsection shall
not exceed $2,000,000,000.
‘‘(5) REGULATIONS.—The Secretary is author-
ized to promulgate such regulations as the Secretary
determines to be necessary to carry out the provisions
of this subsection.
‘‘(d) INDIAN ENERGY PREFERENCE.—(1) An agency
or department of the United States Government may give,
in the purchase of electricity, oil, gas, coal, or other energy
product or by-product, preference in such purchase to an
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energy and resource production enterprise, partnership,
corporation, or other type of business organization majority
or wholly owned and controlled by a tribal government.
‘‘(2) In implementing this subsection, an agency or de-
partment shall pay no more than the prevailing market
price for the energy product or by-product and shall obtain
no less than existing market terms and conditions.
‘‘(e) EFFECT ON OTHER LAWS.—This section does
not—
‘‘(1) limit the discretion vested in an Adminis-
trator of a Federal power marketing agency to market
and allocate Federal power, or
‘‘(2) alter Federal laws under which a Federal
power marketing agency markets, allocates, or pur-
chases power.’’.
SEC. 402. OFFICE OF INDIAN ENERGY POLICY AND PRO-
GRAMS.
Title II of the Department of Energy Organization Act
is amended by adding at the end the following:
‘‘OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS
‘‘SEC. 217. (a) There is established within the Depart-
ment an Office of Indian Energy Policy and Programs.
This Office shall be headed by a Director, who shall be ap-
pointed by the Secretary and compensated at the rate equal
to that of level IV of the Executive Schedule under section
5315 of title 5, United States Code.
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‘‘(b) The Director shall provide, direct, foster, coordi-
nate, and implement energy planning, education, manage-
ment, conservation, and delivery programs of the Depart-
ment that—
‘‘(1) promote tribal energy efficiency and utiliza-
tion;
‘‘(2) modernize and develop, for the benefit of In-
dian tribes, tribal energy and economic infrastructure
related to natural resource development and elec-
trification;
‘‘(3) preserve and promote tribal sovereignty and
self determination related to energy matters and en-
ergy deregulation;
‘‘(4) lower or stabilize energy costs; and
‘‘(5) electrify tribal members’ homes and tribal
lands.
‘‘(c) The Director shall carry out the duties assigned
the Secretary or the Director under title XXVI of the En-
ergy Policy Act of 1992 (25 U.S.C. 3501 et seq.).’’.
SEC. 403. CONFORMING AMENDMENTS.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section
2603(c) of the Energy Policy Act of 1992 (25 U.S.C.
3503(c)) is amended to read as follows:
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‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out the purposes of this section.’’.
(b) TABLE OF CONTENTS.—The table of contents of the
Department of Energy Act is amended by inserting after
the item relating to section 216 the following new item:
‘‘Sec. 217. Office of Indian Energy Policy and Programs.’’.
(c) EXECUTIVE SCHEDULE.—Section 5315 of title 5,
United States Code, is amended by inserting ‘‘Director, Of-
fice of Indian Energy Policy and Programs, Department
of Energy.’’ after ‘‘Inspector General, Department of En-
ergy.’’.
SEC. 404. SITING ENERGY FACILITIES ON TRIBAL LANDS.
(a) DEFINITIONS.—For purposes of this section:
(1) INDIAN
TRIBE.—The term ‘‘Indian tribe’’
means any Indian tribe, band, nation, or other orga-
nized group or community, which is recognized as eli-
gible for the special programs and services provided
by the United States to Indians because of their sta-
tus as Indians, except that such term does not include
any Regional Corporation as defined in section 3(g)
of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(g)).
(2) INTERESTED PARTY.—The term ‘‘interested
party’’ means a person whose interests could be ad-
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versely affected by the decision of an Indian tribe to
grant a lease or right-of-way pursuant to this section.
(3) PETITION.—The term ‘‘petition’’ means a
written request submitted to the Secretary for the re-
view of an action (or inaction) of the Indian tribe
that is claimed to be in violation of the approved trib-
al regulations.
(4) 
RESERVATION.—The 
term 
‘‘reservation’’
means—
(A) with respect to a reservation in a State
other than Oklahoma, all land that has been set
aside or that has been acknowledged as having
been set aside by the United States for the use
of an Indian tribe, the exterior boundaries of
which are more particularly defined in a final
tribal treaty, agreement, executive order, Federal
statute, secretarial order, or judicial determina-
tion;
(B) with respect to a reservation in the
State of Oklahoma, all land that is—
(i) within the jurisdictional area of an
Indian tribe, and
(ii) within the boundaries of the last
reservation of such tribe that was estab-
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lished by treaty, executive order, or secre-
tarial order.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(6) TRIBAL
LANDS.—The term ‘tribal lands’
means any tribal trust lands, or other lands owned by
an Indian tribe that are within such tribe’s reserva-
tion.
(b) LEASES INVOLVING GENERATION, TRANSMISSION,
DISTRIBUTION OR ENERGY PROCESSING FACILITIES.—An
Indian tribe may grant a lease of tribal land for electric
generation, transmission, or distribution facilities, or facili-
ties to process or refine renewable or nonrenewable energy
resources developed on tribal lands, and such leases shall
not require the approval of the Secretary if the lease is exe-
cuted under tribal regulations approved by the Secretary
under this subsection and the term of the lease does not ex-
ceed 30 years.
(c) RIGHTS-OF-WAY
FOR
ELECTRIC
GENERATION,
TRANSMISSION, DISTRIBUTION OR ENERGY PROCESSING
FACILITIES.—An Indian tribe may grant a right-of-way
over tribal lands for a pipeline or an electric transmission
or distribution line without separate approval by the Sec-
retary, if—
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(1) the right-of-way is executed under and com-
plies with tribal regulations approved by the Sec-
retary and the term of the right-of-way does not ex-
ceed 30 years; and
(2) the pipeline or electric transmission or dis-
tribution line serves—
(A) an electric generation, transmission or
distribution facility located on tribal land, or
(B) a facility located on tribal land that
processes or refines renewable or nonrenewable
energy resources developed on tribal lands.
(d) RENEWALS.—Leases or rights-of-way entered into
under this subsection may be renewed at the discretion of
the Indian tribe in accordance with the requirements of this
section.
(e) TRIBAL REGULATION REQUIREMENTS.—(1) The
Secretary shall have the authority to approve or disapprove
tribal regulations required under this subsection. The Sec-
retary shall approve such tribal regulations if they are com-
prehensive in nature, including provisions that address—
(A) securing necessary information from the les-
see or right-of-way applicant;
(B) term of the conveyance;
(C) amendments and renewals;
(D) consideration for the lease or right-of-way;
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(E) technical or other relevant requirements;
(F) requirements for environmental review as set
forth in paragraph (3);
(G) requirements for complying with all applica-
ble environmental laws; and
(H) final approval authority.
(2) No lease or right-of-way shall be valid unless au-
thorized in compliance with the approved tribal regula-
tions.
(3) An Indian tribe, as a condition of securing Secre-
tarial approval as contemplated in paragraph (1), must es-
tablish an environmental review process that includes the
following—
(A) an identification and evaluation of all sig-
nificant environmental impacts of the proposed action
as compared to a no action alternative;
(B) identification of proposed mitigation;
(C) a process for ensuring that the public is in-
formed of and has an opportunity to comment on the
proposed action prior to tribal approval of the lease
or right-of-way; and
(D) sufficient administrative support and tech-
nical capability to carry out the environmental re-
view process.
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(4) The Secretary shall review and approve or dis-
approve the regulations of the Indian tribe within 180 days
of the submission of such regulations to the Secretary. Any
disapproval of such regulations by the Secretary shall be
accompanied by written documentation that sets forth the
basis for the disapproval. The 180-day period may be ex-
tended by the Secretary after consultation with the Indian
tribe.
(5) If the Indian tribe executes a lease or right-of-way
pursuant to tribal regulations required under this sub-
section, the Indian tribe shall provide the Secretary with—
(A) a copy of the lease or right-of-way document
and all amendments and renewals thereto; and
(B) in the case of regulations or a lease or right-
of-way that permits payment to be made directly to
the Indian tribe, documentation of the payments suf-
ficient to enable the Secretary to discharge the trust
responsibility of the United States as appropriate
under existing law.
(6) The United States shall not be liable for losses sus-
tained by any party to a lease executed pursuant to tribal
regulations under this subsection, including the Indian
tribe.
(7)(A) An interested party may, after exhaustion of
tribal remedies, submit, in a timely manner, a petition to
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the Secretary to review the compliance of the Indian tribe
with any tribal regulations approved under this subsection.
If upon such review, the Secretary determines that the regu-
lations were violated, the Secretary may take such action
as may be necessary to remedy the violation, including re-
scinding or holding the lease or right-of-way in abeyance
until the violation is cured. The Secretary may also rescind
the approval of the tribal regulations and reassume the re-
sponsibility for approval of leases or rights-of-way associ-
ated with the facilities addressed in this section.
(B) If the Secretary seeks to remedy a violation de-
scribed in subparagraph (A), the Secretary shall—
(i) make a written determination with respect to
the regulations that have been violated;
(ii) provide the Indian tribe with a written no-
tice of the alleged violation together with such written
determination; and
(iii) prior to the exercise of any remedy or the
rescission of the approval of the regulations involved
and reassumption of the lease or right-of-way ap-
proval responsibility, provide the Indian tribe with a
hearing and a reasonable opportunity to cure the al-
leged violation.
(C) The tribe shall retain all rights to appeal as pro-
vided by regulations promulgated by the Secretary.
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(f) AGREEMENTS.—(1) Agreements between an Indian
tribe and a business entity that are directly associated with
the development of electric generation, transmission or dis-
tribution facilities, or facilities to process or refine renew-
able or nonrenewable energy resources developed on tribal
lands, shall not separately require the approval of the Sec-
retary pursuant to section 18 of title 25, United States
Code, so long as the activity that is the subject of the agree-
ment has been the subject of an environmental review proc-
ess pursuant to subsection (e) of this section.
(2) The United States shall not be liable for any losses
or damages sustained by any party, including the Indian
tribe, that are associated with an agreement entered into
under this subsection.
(g) DISCLAIMER.—Nothing in this section is intended
to modify or otherwise affect the applicability of any provi-
sion of the Indian Mineral Leasing Act of 1938 (25 U.S.C.
396a–396g); Indian Mineral Development Act of 1982 (25
U.S.C. 2101–2108); Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1201–1328); any amendments
thereto; or any other laws not specifically addressed in this
section.
SEC. 405. INDIAN MINERAL DEVELOPMENT ACT REVIEW.
(a) IN GENERAL.—The Secretary of the Interior shall
conduct a review of the activities that have been conducted
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by the governments of Indian tribes under the authority of
the Indian Mineral Development Act of 1982 (25 U.S.C.
2101 et seq.).
(b) REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Secretary shall transmit to
the Committee on Resources of the House of Representatives
and the Committee on Indian Affairs and the Committee
on Energy and Natural Resources of the Senate a report
containing—
(1) the results of the review;
(2) recommendations designed to help ensure
that Indian tribes have the opportunity to develop
their nonrenewable energy resources; and
(3) an analysis of the barriers to the development
of energy resources on Indian land, including Federal
policies and regulations, and make recommendations
regarding the removal of those barriers.
(c) CONSULTATION.—The Secretary shall consult with
Indian tribes on a government-to-government basis in devel-
oping the report and recommendations as provided in this
subsection.
SEC. 406. RENEWABLE ENERGY STUDY.
(a) IN GENERAL.—Not later than 2 years after the
date of the enactment of this Act, and once every 2 years
thereafter, the Secretary of Energy shall transmit to the
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Committees on Energy and Commerce and Resources of the
House of Representatives and the Committees on Energy
and Natural Resources and Indian Affairs of the Senate
a report on energy consumption and renewable energy de-
velopment potential on Indian land. The report shall iden-
tify barriers to the development of renewable energy by In-
dian tribes, including Federal policies and regulations, and
make recommendations regarding the removal of such bar-
riers.
(b) CONSULTATION.—The Secretary shall consult with
Indian tribes on a government-to-government basis in devel-
oping the report and recommendations as provided in this
section.
SEC. 407. FEDERAL POWER MARKETING ADMINISTRATIONS.
Title XXVI of the Energy Policy Act of 1992 (25
U.S.C. 3501) (as amended by section 201) is amended by
adding at the end the following:
‘‘SEC. 2608. FEDERAL POWER MARKETING ADMINISTRA-
TIONS.
‘‘(a) DEFINITION OF ADMINISTRATOR.—In this sec-
tion, the term ‘Administrator’ means—
‘‘(1) the Administrator of the Bonneville Power
Administration; or
‘‘(2) the Administrator of the Western Area
Power Administration.
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‘‘(b) ASSISTANCE FOR TRANSMISSION STUDIES.—(1)
Each Administrator may provide technical assistance to In-
dian tribes seeking to use the high-voltage transmission sys-
tem for delivery of electric power. The costs of such technical
assistance shall be funded—
‘‘(A) by the Administrator using non-reimburs-
able funds appropriated for this purpose, or
‘‘(B) by the Indian tribe.
‘‘(2) PRIORITY FOR ASSISTANCE FOR TRANSMISSION
STUDIES.—In providing discretionary assistance to Indian
tribes under paragraph (1), each Administrator shall give
priority in funding to Indian tribes that have limited fi-
nancial capability to conduct such studies.
‘‘(c) POWER ALLOCATION STUDY.—(1) Not later than
2 years after the date of enactment of this Act, the Secretary
of Energy shall transmit to the Committees on Energy and
Commerce and Resources of the House of Representatives
and the Committees on Energy and Natural Resources and
Indian Affairs of the Senate a report on Indian tribes’ utili-
zation of Federal power allocations of the Western Area
Power Administration, or power sold by the Southwestern
Power Administration, and the Bonneville Power Adminis-
tration to or for the benefit of Indian tribes in their service
areas. The report shall identify—
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‘‘(A) the amount of power allocated to tribes by
the Western Area Power Administration, and how the
benefit of that power is utilized by the tribes;
‘‘(B) the amount of power sold to tribes by other
Power Marketing Administrations; and
‘‘(C) existing barriers that impede tribal access
to and utilization of Federal power, and opportuni-
ties to remove such barriers and improve the ability
of the Power Marketing Administration to facilitate
the utilization of Federal power by Indian tribes.
‘‘(2) The Power Marketing Administrations shall con-
sult with Indian tribes on a government-to-government
basis in developing the report provided in this section.
‘‘(d) AUTHORIZATION
FOR APPROPRIATION.—There
are authorized to be appropriated to the Secretary of En-
ergy such sums as may be necessary to carry out the pur-
poses of this section.’’.
SEC. 408. FEASIBILITY STUDY OF COMBINED WIND AND HY-
DROPOWER DEMONSTRATION PROJECT.
(a) STUDY.—The Secretary of Energy, in coordination
with the Secretary of the Army and the Secretary of the
Interior, shall conduct a study of the cost and feasibility
of developing a demonstration project that would use wind
energy generated by Indian tribes and hydropower gen-
erated by the Army Corps of Engineers on the Missouri
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River to supply firming power to the Western Area Power
Administration.
(b) SCOPE OF STUDY.—The study shall—
(1) determine the feasibility of the blending of
wind energy and hydropower generated from the Mis-
souri River dams operated by the Army Corps of En-
gineers;
(2) review historical purchase requirements and
projected purchase requirements for firming and the
patterns of availability and use of firming energy;
(3) assess the wind energy resource potential on
tribal lands and projected cost savings through a
blend of wind and hydropower over a thirty-year pe-
riod;
(4) include a preliminary interconnection study
and a determination of resource adequacy of the
Upper Great Plains Region of the Western Area
Power Administration;
(5) determine seasonal capacity needs and asso-
ciated transmission upgrades for integration of tribal
wind generation; and
(6) include an independent tribal engineer as a
study team member.
(c) REPORT.—The Secretary of Energy and Secretary
of the Army shall submit a report to Congress not later than
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1 year after the date of enactment of this title. The Secre-
taries shall include in the report—
(1) an analysis of the potential energy cost sav-
ings to the customers of the Western Area Power Ad-
ministration through the blend of wind and hydro-
power;
(2) an evaluation of whether a combined wind
and hydropower system can reduce reservoir fluctua-
tion, enhance efficient and reliable energy production
and provide Missouri River management flexibility;
(3) recommendations for a demonstration project
which the Western Area Power Administration could
carry out in partnership with an Indian tribal gov-
ernment or tribal government energy consortium to
demonstrate the feasibility and potential of using
wind energy produced on Indian lands to supply
firming energy to the Western Area Power Adminis-
tration or other Federal power marketing agency; and
(4) an identification of the economic and envi-
ronmental benefits to be realized through such a Fed-
eral-tribal partnership and identification of how such
a partnership could contribute to the energy security
of the United States.
(d) CONSULTATION.—The Secretary shall consult with
Indian tribes on a government-to-government basis in devel-
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oping the report and recommendations provided in this sec-
tion.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $500,000 to carry out this
section, which shall remain available until expended. All
costs incurred by the Western Area Power Administration
associated with performing the tasks required under this
section shall be nonreimbursable.
TITLE V—NUCLEAR POWER
Subtitle A—Price-Anderson Act
Reauthorization
SEC. 501. SHORT TITLE.
This subtitle may be cited as the ‘‘Price-Anderson
Amendments Act of 2003’’.
SEC. 502. EXTENSION OF INDEMNIFICATION AUTHORITY.
(a) INDEMNIFICATION
OF
NUCLEAR
REGULATORY
COMMISSION LICENSEES.—Section 170c. of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2210(c)) is amended—
(1) in the subsection heading, by striking ‘‘LI-
CENSES’’ and inserting ‘‘LICENSEES’’; and
(2) by striking ‘‘August 1, 2002’’ each place it
appears and inserting ‘‘August 1, 2012’’.
(b) INDEMNIFICATION OF DEPARTMENT OF ENERGY
CONTRACTORS.—Section 170d.(1)(A) of the Atomic Energy
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Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amended by strik-
ing ‘‘, until August 1, 2002,’’.
(c) INDEMNIFICATION OF NONPROFIT EDUCATIONAL
INSTITUTIONS.—Section 170k. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(k)) is amended by striking ‘‘August
1, 2002’’ each place it appears and inserting ‘‘August 1,
2012’’.
SEC. 503. DEPARTMENT OF ENERGY LIABILITY LIMIT.
(a) INDEMNIFICATION OF DEPARTMENT OF ENERGY
CONTRACTORS.—Section 170d. of the Atomic Energy Act
of 1954 (42 U.S.C. 2210(d)) is amended by striking para-
graph (2) and inserting the following:
‘‘(2) In agreements of indemnification entered
into under paragraph (1), the Secretary—
‘‘(A) may require the contractor to provide
and maintain financial protection of such a type
and in such amounts as the Secretary shall de-
termine to be appropriate to cover public liabil-
ity arising out of or in connection with the con-
tractual activity; and
‘‘(B) shall indemnify the persons indem-
nified against such liability above the amount of
the financial protection required, in the amount
of $10,000,000,000 (subject to adjustment for in-
flation under subsection t.), in the aggregate, for
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all persons indemnified in connection with such
contract and for each nuclear incident, including
such legal costs of the contractor as are approved
by the Secretary.’’.
(b) CONTRACT AMENDMENTS.—Section 170d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is further
amended by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) All agreements of indemnification under
which the Department of Energy (or its predecessor
agencies) may be required to indemnify any person
under this section shall be deemed to be amended, on
the date of the enactment of the Price-Anderson
Amendments Act of 2003, to reflect the amount of in-
demnity for public liability and any applicable fi-
nancial protection required of the contractor under
this subsection.’’.
(c) LIABILITY LIMIT.—Section 170e.(1)(B) of the
Atomic Energy Act of 1954 (42 U.S.C. 2210(e)(1)(B)) is
amended—
(1) by striking ‘‘the maximum amount of finan-
cial protection required under subsection b. or’’; and
(2) by striking ‘‘paragraph (3) of subsection d.,
whichever amount is more’’ and inserting ‘‘paragraph
(2) of subsection d.’’.
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SEC. 504. INCIDENTS OUTSIDE THE UNITED STATES.
(a) AMOUNT OF INDEMNIFICATION.—Section 170d.(5)
of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5))
is amended by striking ‘‘$100,000,000’’ and inserting
‘‘$500,000,000’’.
(b) LIABILITY LIMIT.—Section 170e.(4) of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by
striking ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’.
SEC. 505. REPORTS.
Section 170p. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(p)) is amended by striking ‘‘August 1, 1998’’
and inserting ‘‘August 1, 2008’’.
SEC. 506. INFLATION ADJUSTMENT.
Section 170t. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(t)) is amended—
(1) by redesignating paragraph (2) as para-
graph (3); and
(2) by adding after paragraph (1) the following:
‘‘(2) The Secretary shall adjust the amount of in-
demnification provided under an agreement of indem-
nification under subsection d. not less than once dur-
ing each 5-year period following July 1, 2002, in ac-
cordance with the aggregate percentage change in the
Consumer Price Index since—
‘‘(A) that date, in the case of the first ad-
justment under this paragraph; or
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‘‘(B) the previous adjustment under this
paragraph.’’.
SEC. 507. CIVIL PENALTIES.
(a) REPEAL
OF AUTOMATIC REMISSION.—Section
234Ab.(2) of the Atomic Energy Act of 1954 (42 U.S.C.
2282a(b)(2)) is amended by striking the last sentence.
(b) LIMITATION
FOR
NOT-FOR-PROFIT
INSTITU-
TIONS.—Subsection d. of section 234A of the Atomic Energy
Act of 1954 (42 U.S.C. 2282a(d)) is amended to read as
follows:
‘‘d.(1) Notwithstanding subsection a., in the case
of any not-for-profit contractor, subcontractor, or sup-
plier, the total amount of civil penalties assessed
under subsection a. may not exceed the total amount
of fees paid within any one-year period (as deter-
mined by the Secretary) under the contract under
which the violation occurs.
‘‘(2) For purposes of this section, the term ‘not-
for-profit’ means that no part of the net earnings of
the contractor, subcontractor, or supplier inures, or
may lawfully inure, to the benefit of any natural per-
son or for-profit artificial person.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall not apply to any violation of the Atomic En-
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ergy Act of 1954 occurring under a contract entered into
before the date of enactment of this section.
SEC. 508. TREATMENT OF MODULAR REACTORS.
Section 170b. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(b)) is amended by adding at the end the fol-
lowing:
‘‘(5)(A) For purposes of this section only, the
Commission shall consider a combination of facilities
described in subparagraph (B) to be a single facility
having a rated capacity of 100,000 electrical kilo-
watts or more.
‘‘(B) A combination of facilities referred to in
subparagraph (A) is two or more facilities located at
a single site, each of which has a rated capacity of
100,000 electrical kilowatts or more but not more
than 300,000 electrical kilowatts, with a combined
rated capacity of not more than 1,300,000 electrical
kilowatts.’’.
SEC. 509. EFFECTIVE DATE.
The amendments made by sections 503(a) and 504 do
not apply to any nuclear incident that occurs before the
date of the enactment of this subtitle.
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Subtitle B—Miscellaneous
Provisions
SEC. 511. URANIUM SALES.
(a) INVENTORY SALES.—Section 3112(d) of the USEC
Privatization Act (42 U.S.C. 2297h–10(d)) is amended to
read as follows:
‘‘(d) INVENTORY SALES.—(1) In addition to the trans-
fers authorized under subsections (b), (c), and (e), the Sec-
retary may, from time to time, sell or transfer uranium
(including natural uranium concentrates, natural uranium
hexafluoride, enriched uranium, and depleted uranium)
from the Department of Energy’s stockpile.
‘‘(2) Except as provided in subsections (b), (c), and
(e), the Secretary may not deliver uranium in any form
for consumption by end users in any year in excess of the
following amounts:
‘‘Annual Maximum Deliveries to End Users
(Million lbs. U3O8
‘‘Year:
equivalent)
2003 through 2009 .....................................................................
2010 ............................................................................................
2011 ............................................................................................
2012 ............................................................................................
2013 and each year thereafter ..................................................
10.
‘‘(3) Except as provided in subsections (b), (c), and
(e), no sale or transfer of uranium in any form shall be
made unless—
‘‘(A) the President determines that the material
is not necessary for national security needs;
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‘‘(B) the Secretary determines, based on the writ-
ten views of the Secretary of State and the Assistant
to the President for National Security Affairs, that
the sale or transfer will not adversely affect the na-
tional security interests of the United States;
‘‘(C) the Secretary determines that the sale of the
material will not have an adverse material impact on
the domestic uranium mining, conversion, or enrich-
ment industry, taking into account the sales of ura-
nium under the Russian HEU Agreement and the
Suspension Agreement; and
‘‘(D) the price paid to the Secretary will not be
less than the fair market value of the material.’’.
(b) EXEMPT TRANSFERS AND SALES.—Section 3112(e)
of the USEC Privatization Act (42 U.S.C. 2297h–10(e)) is
amended to read as follows:
‘‘(e) EXEMPT
SALES
OR
TRANSFERS.—Notwith-
standing subsection (d)(2), the Secretary may transfer or
sell uranium—
‘‘(1) to the Tennessee Valley Authority for use
pursuant to the Department of Energy’s highly en-
riched uranium or tritium program, to the extent
provided by law;
‘‘(2) to research and test reactors under the Uni-
versity Reactor Fuel Assistance and Support Pro-
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gram or the Reduced Enrichment for Research and
Test Reactors Program;
‘‘(3) to USEC Inc. to replace contaminated ura-
nium received from the Department of Energy when
the United States Enrichment Corporation was
privatized;
‘‘(4) to any person for emergency purposes in the
event of a disruption in supply to end users in the
United States; and
‘‘(5) to any person for national security pur-
poses, as determined by the Secretary.’’.
SEC. 512. REAUTHORIZATION OF THORIUM REIMBURSE-
MENT.
(a) REIMBURSEMENT OF THORIUM LICENSEES.—Sec-
tion 1001(b)(2)(C) of the Energy Policy Act of 1992 (42
U.S.C. 2296a) is amended—
(1) by striking ‘‘$140,000,000’’ and inserting
‘‘$365,000,000’’; and
(2) by adding at the end the following: ‘‘Such
payments shall not exceed the following amounts:
‘‘(i) $90,000,000 in fiscal year 2002.
‘‘(ii) $55,000,000 in fiscal year 2003.
‘‘(iii) $20,000,000 in fiscal year 2004.
‘‘(iv) $20,000,000 in fiscal year 2005.
‘‘(v) $20,000,000 in fiscal year 2006.