uct material as defined by the Atomic Energy Act of 
1954 and 10 CFR Part 40, or other such material 
as the Commission may subsequently designate as 
special, source, or byproduct nuclear material. 
(8) The term ‘‘radioactive waste’’ means low 
level radioactive waste, transuranic waste, and high 
level radioactive waste. 
(9) The term ‘‘remediation’’ means activities or 
processes used to remove, destroy, degrade, trans-
form, immobilize, or treat radioactive, solid, or haz-
ardous waste. 
(10) The term ‘‘Secretary’’ means the Secretary 
of Energy. 
(11) The term ‘‘solid waste’’ means any mate-
rial that is designated as solid waste under 40 CFR 
Part 261 or as may be subsequently defined as such 
by the Environmental Protection Agency, under the 
State program authorized by the Environmental 
Protection Agency pursuant to the Solid Waste Dis-
posal Act, or under any other State statute or regu-
lation. 
(12) The term ‘‘State’’ means the State of New 
York. 
(13) The term ‘‘transuranic waste’’ means ma-
terial contaminated with elements which have an
atomic number greater than 92, including neptu-
nium, plutonium, americium, and curium, and which 
are in concentrations greater than 10 nanocuries per 
gram, or in such other concentrations as the Com-
mission may prescribe to protect the public health 
and safety. 
SEC. 4. REMEDIATION OF THE CENTER. 
(a) The Secretary shall take all actions necessary to 
remediate the Center in a manner that is timely, protective 
of human health and the environment, consistent with the 
License Termination Rule, and consistent with all applica-
ble requirements of Federal and State law, including clo-
sure and post-closure requirements set forth in Federal 
or State environmental laws, and the provisions of this 
Act. As part of such remediation, the Secretary shall de-
contaminate and decommission— 
(1) the tanks and other facilities of the Center 
in which the high level radioactive waste solidified 
under the West Valley Demonstration Project Act 
was stored; 
(2) the facilities used in the solidification of the 
waste; and 
(3) any material and hardware used in connec-
tion with the West Valley Demonstration Project.
(b) The Secretary shall be responsible for all costs 
associated with such remediation. 
SEC. 5. RADIOACTIVE WASTE DISPOSAL REQUIREMENTS. 
(a) The Secretary shall, as soon as feasible, transport 
the high level radioactive waste at the Center to an appro-
priate Federal repository for permanent disposal. Pending 
such transportation, the Secretary shall take appropriate 
measures to safeguard such waste and ensure its safe stor-
age in a manner consistent with public health and safety 
and Commission regulations or orders. 
(b) The Secretary shall, as soon as feasible, in accord-
ance with applicable law, including applicable licensing re-
quirements, dispose of low level radioactive waste and 
transuranic waste currently located at the Center and such 
radioactive waste as may in the future be generated as 
a result of the remediation authorized by this Act. 
(c) For purposes of the Nuclear Waste Policy Act of 
1982, all high level radioactive waste at the Center shall 
be considered waste generated by atomic energy defense 
activities. For purposes of the Waste Isolation Pilot Plant 
Land Withdrawal Act, any transuranic waste at the Cen-
ter shall be considered radioactive waste generated by 
atomic energy defense activities.
SEC. 6. REGULATION BY THE COMMISSION. 
(a) Notwithstanding any other provision of law, the 
Commission shall regulate the remediation of radioactive 
waste and nuclear materials at the Center as set forth in 
this section. The Commission is authorized to promulgate 
such new or revised rules as it may deem necessary and 
appropriate to assume such responsibility. 
(b)(1) Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall develop and submit 
to the Commission for review and approval a decommis-
sioning plan that meets the criteria set forth in the Li-
cense Termination Rule and that addresses the radioactive 
wastes and nuclear materials at the Center. 
(2) Prior to any preliminary or final decision made 
by the Commission on the Secretary’s plan, the Commis-
sion shall provide a reasonable opportunity for the State 
to review, comment on, and concur or not concur with the 
decommissioning plan submitted by the Secretary and any 
modifications to such plan. 
(3) The Secretary shall implement the decommis-
sioning plan approved by the Commission. 
(c) In making its determination, the Commission 
shall apply the process and criteria set forth in the License 
Termination Rule. The Commission shall further apply the 
procedures provided in its regulations for the approval and
enforcement of decommissioning plans to the decommis-
sioning plan for the Center. 
(d) Upon assumption of possession by the Secretary, 
as provided for in section 9, all licenses and permits for 
facilities at the Center issued by the Commission shall be 
held in abeyance until the completion of the radiological 
remedial action program authorized by this Act. 
(e) Upon completion of the radiological remedial ac-
tion program authorized by this Act, or sooner upon re-
quest of the New York State Energy Research and Devel-
opment Authority, the Secretary shall assist the New York 
State Energy Research and Development Authority in ap-
plying to the Commission to terminate, for the entire Cen-
ter or such portions of the Center as may qualify, the li-
cense issued by the Commission. 
(f) If, after application of the License Termination 
Rule to all portions of the Center, the entire Center is 
not released for unrestricted use, the Center, or if appro-
priate a portion or portions thereof, shall be maintained 
by the Secretary, or such other Federal agency as the 
President may designate. The Secretary or such other 
agency shall apply for a license or licenses from the Com-
mission and the Commission shall apply such procedures 
and standards as the Commission would normally employ 
to issue licenses for such materials so as to protect the
public health and safety and the environment. If the re-
quirements of such a licensing process cannot be met, the 
Secretary shall conduct such additional radiological reme-
dial action as shall be needed to qualify for a license. 
(g) The Secretary shall submit to the Commission 
safety analysis reports and such other information as the 
Commission may require to identify any danger to the 
public health and safety which may be presented by the 
remediation required under this Act or the conditions at 
the Center. 
(h) The Secretary shall afford the Commission access 
to the Center to enable the Commission to carry out the 
activities assigned to it under this Act. 
SEC. 7. NEW YORK STATE INVOLVEMENT. 
(a) The Secretary shall consult with the New York 
State Department of Environmental Conservation, and 
any such other agency as the Governor of the State may 
designate, in carrying out this Act. Not later than 1 year 
after the date of enactment of this Act, the Secretary shall 
enter into an agreement with the State to establish ar-
rangements for consultation with the State regarding re-
mediation of the Center, and, if the Center is not remedi-
ated to allow unrestricted use, consultation on mainte-
nance of licensed portions of the Center.
(b) The agreement entered into under subsection (a) 
shall include provisions for— 
(1) the State’s review and comment on data 
and draft documents; and 
(2) the Secretary’s response to the State’s com-
ments. 
(c) The Secretary shall provide the State access to 
the Center, at all reasonable times, for the purpose of pro-
tecting the public health and safety and the environment. 
This shall include access to collect samples, take measure-
ments, and observe ongoing activities and conditions. 
SEC. 8. ENVIRONMENTAL IMPACT STATEMENT. 
(a) Pursuant to obligations under the National Envi-
ronmental Policy Act of 1969, the Secretary shall prepare 
any environmental impact statement for decommissioning 
or long-term stewardship of the Center in cooperation with 
the Commission, the Environmental Protection Agency, 
and such other Federal and State agencies as may be ap-
propriate, and shall do so as a continuation of the environ-
mental impact statement process commenced by notice of 
intent issued in 1988. 
(b) The Secretary shall issue a revised draft environ-
mental impact statement within 2 years after the date of 
enactment of this Act.
(c) The environmental impact statement process re-
ferred to in subsections (a) and (b), including records of 
decision by the Secretary and the Commission, shall be 
completed as soon as reasonably practicable. 
(d) The Secretary shall hold and undertake meetings 
on a quarterly basis at a location at or near the Center, 
to which members of the local educational, scientific, and 
political communities shall be invited, so that the Sec-
retary can advise such participants of the status of the 
environmental impact statement process, including current 
results, and in order to receive public comment. 
(e) The Secretary shall make available to any member 
of the public, at a public reading room at the Center, for 
inspection, upon reasonable notice, at reasonable hours 
and without payment of a fee or charge, those documents 
related to the preparation of the environmental impact 
statement referred to in this section, including background 
information subject to disclosure under section 552 of title 
5, United States Code (popularly known as the Freedom 
of Information Act), that are requested in writing by such 
member of the public. Copies of any such documents shall 
be provided by the Secretary upon the payment of the 
charges provided for under such section 552.
SEC. 9. ASSUMPTION OF POSSESSION AND TRANSFER OF 
TITLE. 
(a) Not later than 30 days after execution of the Co-
operative Agreement provided for in section 10, the Sec-
retary shall assume exclusive use and possession of the 
entire Center. 
(b) Upon completion of all remediation required 
under this Act, or 20 years after the date of enactment 
of this Act, whichever comes sooner, the Secretary shall 
take title to any land or facilities at the Center that have 
not been approved by the Commission for release for unre-
stricted use, and title to all radioactive and nonradioactive 
wastes and materials located at any such portions of the 
Center in accordance with all applicable Federal and State 
laws and requirements. 
(c) So long as the Secretary remains in possession 
or holds title to the Center, or any portion thereof, neither 
the Secretary nor any other person or entity, including 
any governmental entity, shall transport or allow the 
transport of any solid, hazardous, or radioactive waste to 
the Center for the purpose of storing, treating, or dis-
posing of such waste at the Center 
SEC. 10. COOPERATIVE AGREEMENT. 
Not later than 60 days after the date of enactment 
of this Act, the Secretary shall enter into a Cooperative 
Agreement with the New York State Energy Research and
Development Authority, or such other agency as the Gov-
ernor of the State shall designate, which shall contain the 
following: 
(1) Such provisions as may be necessary to ef-
fectuate the possession and transfer of title provi-
sions contained in section 9 and to facilitate the re-
lease 
and 
transfer 
to 
third 
parties 
of 
uncontaminated portions of the Center, as appro-
priate. 
(2) Provisions for the Secretary to assist the 
New York State Energy Research and Development 
Authority, or such other agency as the Governor of 
the State may designate, in making such permit or 
license applications as may be necessary to carry out 
this Act. 
(3) Sharing with the New York State Energy 
Research and Development Authority, or such other 
agency as the Governor of the State shall designate, 
of information and plans relevant to the remediation 
of the Center by the Secretary and to license or per-
mit applications as may be necessary to carry out 
this Act. 
(4) Indemnification of the State, and any rel-
evant instrumentality of the State that may hold 
title to the Center, by the Secretary against any
claims, damages, losses, and expenses (including rea-
sonable attorney’s and expert witness’ fees) or liabil-
ities, arising out of or resulting from the perform-
ance by the Secretary or the Secretary’s agents or 
contractors of (or failure to perform) the Secretary’s 
obligations under this Act. 
SEC. 11. REPEAL OF THE WEST VALLEY DEMONSTRATION 
PROJECT ACT. 
Upon assumption of exclusive use and possession of 
the entire Center by the Secretary, as provided for in sec-
tion 9, the West Valley Demonstration Project Act is re-
pealed. 
SEC. 12. APPROPRIATIONS. 
(a) To implement the requirements of this Act, there 
are authorized to be appropriated to the Secretary 
$95,000,000 for each fiscal year until the remediation of 
the Center required by section 4 is completed. After the 
remediation of the Center is completed, there are author-
ized to be appropriated for each fiscal year thereafter such 
sums as are necessary for the Secretary to carry out the 
activities required under this Act and any licenses or per-
mits concerning the Center issued to the Secretary under 
Federal or State law. 
(b) There are authorized to be appropriated to the 
Secretary an additional amount of 5 percent of the
amount appropriated under subsection (a) for each fiscal 
year, to be paid to the West Valley Central School District, 
in the month of September, and the Town of Ashford, 
West Valley Fire District No. 1, and Cattaraugus County, 
in the month of January, in such proportions as such enti-
ties would normally receive in taxes. After the remediation 
of the Center is completed and until such time as all Cen-
ter property is released for unrestricted use, there are au-
thorized to be appropriated to the Secretary an additional 
amount of $3,000,000 for each fiscal year, to be paid to 
the local entities set forth above in the same proportions. 
This payment is to offset the hardship suffered by the 
community as a result of the use of the Center property 
for the management of radioactive waste generated by the 
Federal Government. 
(c) The authority of the Secretary to enter into con-
tracts under this Act shall be effective for any fiscal year 
only to such extent or in such amounts as are provided 
in advance by appropriation acts. 
SEC. 13. NO EFFECT ON OTHER AUTHORITIES. 
(a) This Act in no way preempts or otherwise limits 
the force or scope of any otherwise applicable Federal or 
State laws, regulations, or treaties, unless specifically so 
provided in this Act.
(b) This Act shall not supersede or repeal the Stipula-
tion of Compromise Settlement entered into by the United 
States and the Department of Energy on May 27, 1987, 
in the matter captioned Coalition on West Valley Nuclear 
Wastes v. Department of Energy in the Western District 
of New York, Civil Case No. 86–1052–C, and this Act 
shall not diminish or alter the terms of that Stipulation. 
(c) Nothing in this Act shall affect in any way the 
Secretary’s obligations to comply with the Department of 
Energy American Indian and Alaska Native Tribal Gov-
ernment Policy, and Executive Order 13175 on Consulta-
tion and Coordination with Indian Tribal Governments, or 
any other policy or order that ensures effective implemen-
tation of a government to government relationship be-
tween the Unites States and tribal governments, including 
fulfillment of trust obligations and equal protection meas-
ures arising from Department of Energy actions which 
may potentially impact American Indian traditional, cul-
tural, and religious values and practices, natural re-
sources, and treaty and other federally-recognized and re-
served rights. 
Æ