IB
105TH CONGRESS
1ST SESSION
H. R. 1270
[Report No. 105–290, Part I]
To amend the Nuclear Waste Policy Act of 1982.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 1997
Mr. UPTON (for himself, Mr. TOWNS, Mr. HASTERT, Mr. CRAPO, Mr. HALL
of Texas, Mr. GUTKNECHT, Mr. BURR of North Carolina, Mr. BARTON
of Texas, Mr. STEARNS, Mr. KLINK, Mr. RUSH, Mr. KNOLLENBERG, Mr.
BONIOR, Mr. TAUZIN, Mr. NORWOOD, Mr. GRAHAM, Mr. MANZULLO, Mr.
SHIMKUS, Mr. EHLERS, Mr. STUPAK, Mr. RAMSTAD, Mr. SPRATT, Mr.
PICKERING, Mr. BILIRAKIS, Mr. PORTER, Mr. LIPINSKI, Mr. LAHOOD,
Mr. FAWELL, Mr. GORDON, Mr. EVERETT, Mr. KILDEE, Mr. BARCIA,
Mr. BARTLETT of Maryland, Mr. SKEEN, Mr. WHITFIELD, Mr. LATHAM,
Mr. MCHUGH, Mr. SNOWBARGER, Mr. CAMP, Mr. HASTINGS of Washing-
ton, Mr. BAKER, Mr. FRELINGHUYSEN, Mr. COOKSEY, Mr. LEVIN, Mr.
SESSIONS, Mr. GOSS, Mr. COLLINS, Mr. MANTON, Mrs. ROUKEMA, Mr.
CHAMBLISS, Mr. BORSKI, Mr. FATTAH, Mr. HOLDEN, Mr. RIGGS, Mr.
CLYBURN, Mr. MORAN of Virginia, Mr. BACHUS, Mr. PACKARD, and Mr.
BERRY) introduced the following bill; which was referred to the Commit-
tee on Commerce, and in addition to the Committees on Resources, and
Transportation and Infrastructure, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
OCTOBER 1, 1997
Additional sponsors: Ms. DUNN, Mr. FOX of Pennsylvania, Mrs. THURMAN,
Mr. CONYERS, Mr. LATOURETTE, Mr. KLUG, Mrs. FOWLER, Mr. HYDE,
Mr. GILLMOR, Mr. CALVERT, Mr. SAM JOHNSON of Texas, Mr. MICA,
Mr. SISISKY, Mr. WICKER, Mrs. CUBIN, Mr. LOBIONDO, Mr. SPENCE,
Mr. 
WELDON
of 
Florida, 
Mr. 
PICKETT, 
Mr. 
BOUCHER, 
Mr.
SCARBOROUGH, Mr. MCCOLLUM, Mr. WAMP, Ms. KILPATRICK, Mr. SOL-
OMON, Mr. PAXON, Ms. STABENOW, Mr. WHITE, Mr. BALLENGER, Mr.
JOHN, Mr. SENSENBRENNER, Mr. CALLAHAN, Mr. INGLIS of South Caro-
lina, Mrs. MYRICK, Mr. LINDER, Mr. BOYD, Mr. ROHRABACHER, Mr.
RYUN, Mr. HILLEARY, Mr. MORAN of Kansas, Mr. COBLE, Mr. WELLER,
Mr. TAYLOR of North Carolina, Mr. CANADY of Florida, Mr. SANFORD,
Mr. DIAZ-BALART, Mr. DUNCAN, Mr. BEREUTER, Mr. NETHERCUTT,
Mr. GREEN, Mr. HEFNER, Mr. CRAMER, Ms. CHRISTIAN-GREEN, Ms.
PRYCE of Ohio, Mr. KANJORSKI, Mr. HOEKSTRA, Mr. BOEHLERT, Mr.
LIVINGSTON, Mr. ETHERIDGE, Mr. KINGSTON, Mr. JONES, Mr.
HILLIARD, Mr. DAVIS of Virginia, Mr. OXLEY, Mr. MCINTYRE, Mr.
WEXLER, Mr. ADERHOLT, Mr. THORNBERRY, Mr. HUTCHINSON, Mr.
SAXTON, Mr. HASTINGS of Florida, Ms. JACKSON-LEE of Texas, Mr.
WALSH, Mr. SCOTT, Mr. EHRLICH, Mr. THOMPSON, Mr. PARKER, Mr.
MCCRERY, Mr. GOODE, Mrs. MEEK of Florida, Mr. DOOLITTLE, Mr.
GALLEGLY, Mr. POMEROY, Mr. BARR of Georgia, Mr. PETERSON of Min-
nesota, Mr. RILEY, Mr. GEKAS, Mr. GOODLATTE, Mrs. CHENOWETH, Mr.
PITTS, Mrs. JOHNSON of Connecticut, Mr. FOLEY, Mr. SHAW, Mr.
LEACH, Mr. BURTON of Indiana, Mr. TRAFICANT, Mr. BATEMAN, Mr.
SUNUNU, Mr. KIND, Mr. SNYDER, Mrs. EMERSON, Mr. DEUTSCH, Mr.
STENHOLM, Mr. SMITH of Michigan, Ms. ROS-LEHTINEN, Mr. SHADEGG,
Mr. YOUNG of Florida, and Mrs. NORTHUP
OCTOBER 1, 1997
Referral to the Committee on Transportation and Infrastructure extended for
a period ending not later than October 1, 1997
OCTOBER 1, 1997
The Committee on Transportation and Infrastructure discharged
OCTOBER 1, 1997
Referral to the Committee on Resources extended for a period ending not later
than October 21, 1997
OCTOBER 1, 1997
Reported from the Committee on Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 10, 1997]
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 1997’.
‘‘(b) TABLE OF CONTENTS.—
‘‘Sec. 1. Short title and table of contents.
‘‘Sec. 2. Definitions.
‘‘Sec. 3. Findings and purposes.
‘‘TITLE I—OBLIGATIONS
‘‘Sec. 101. Obligations of the Secretary of Energy.
‘‘TITLE II—INTEGRATED MANAGEMENT SYSTEM
‘‘Sec. 201. Intermodal transfer.
‘‘Sec. 202. Transportation planning.
‘‘Sec. 203. Transportation requirements.
‘‘Sec. 204. Interim storage.
‘‘Sec. 205. Permanent disposal.
‘‘Sec. 206. Land withdrawal.
‘‘Sec. 207. Private storage facilities.
‘‘TITLE III—LOCAL RELATIONS
‘‘Sec. 301. On-site representative.
‘‘Sec. 302. Benefits agreements.
‘‘Sec. 303. Content of agreements.
‘‘Sec. 304. Acceptance of benefits.
‘‘Sec. 305. Restriction on use of funds.
‘‘Sec. 306 Initial land conveyances.
‘‘Sec. 307 Payments equal to taxes.
‘‘TITLE IV—FUNDING AND ORGANIZATION
‘‘Sec. 401. Program funding.
‘‘Sec. 402. Office of Civilian Radioactive Waste Management.
‘‘Sec. 403. Defense contribution.
‘‘TITLE V—GENERAL AND MISCELLANEOUS PROVISIONS
‘‘Sec. 501. Compliance with other laws.
‘‘Sec. 502. Water rights.
‘‘Sec. 503. Judicial review of agency actions.
‘‘Sec. 504. Licensing of facility expansions and transshipments.
‘‘Sec. 505. Siting a second repository.
‘‘Sec. 506. Financial arrangements for low-level radioactive waste site closure.
‘‘Sec. 507. Nuclear Regulatory Commission training authorization.
‘‘Sec. 508. Acceptance schedule.
‘‘Sec. 509. Subseabed or ocean water disposal.
‘‘TITLE VI—NUCLEAR WASTE TECHNICAL REVIEW BOARD
‘‘Sec. 601. Definitions.
‘‘Sec. 602. Nuclear Waste Technical Review Board.
‘‘Sec. 603. Functions.
‘‘Sec. 604. Investigatory powers.
‘‘Sec. 605. Compensation of members.
‘‘Sec. 606. Staff.
‘‘Sec. 607. Support services.
‘‘Sec. 608. Report.
‘‘Sec. 609. Authorization of appropriations.
‘‘Sec. 610. Termination of the board.
‘‘TITLE VII—MANAGEMENT REFORM
‘‘Sec. 701. Management reform initiatives.
‘‘Sec. 702. Reporting.
‘‘SEC. 2. DEFINITIONS.
‘‘For purposes of this Act:
‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘accept’
and ‘acceptance’ mean the Secretary’s act of taking
possession of spent nuclear fuel or high-level radio-
active waste.
‘‘(2) ACCEPTANCE
SCHEDULE.—The term ‘ac-
ceptance schedule’ means the schedule established in
section 508 for acceptance of spent nuclear fuel and
high-level radioactive waste.
‘‘(3) AFFECTED INDIAN TRIBE.—The term ‘af-
fected Indian tribe’ means any Indian tribe—
‘‘(A) within whose reservation boundaries
the interim storage facility or a repository for
spent nuclear fuel or high-level radioactive waste,
or both, is proposed to be located; or
‘‘(B) whose federally defined possessory or
usage rights to other lands outside of the reserva-
tion’s boundaries arising out of congressionally
ratified treaties may be substantially and ad-
versely affected by the locating of such a facility
if the Secretary of the Interior finds, upon the
petition of the appropriate governmental officials
of the tribe, that such effects are both substantial
and adverse to the tribe.
‘‘(4) 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.
‘‘(5) 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.
‘‘(6) CIVILIAN NUCLEAR POWER REACTOR.—The
term ‘civilian nuclear power reactor’ means a civilian
nuclear power plant required to be licensed under sec-
tion 103 or 104 b. of the Atomic Energy Act of 1954
(42 U.S.C. 2133, 2134(b)).
‘‘(7) 
COMMISSION.—The 
term 
‘Commission’
means the Nuclear Regulatory Commission.
‘‘(8) DEPARTMENT.—The term ‘Department’
means the Department of Energy.
‘‘(9) DISPOSAL.—The term ‘disposal’ means the
emplacement in a repository of spent nuclear fuel,
high-level radioactive waste, or other highly radio-
active material with no foreseeable intent of recovery,
whether or not such emplacement permits recovery of
such material for any future purpose.
‘‘(10) DISPOSAL
SYSTEM.—The term ‘disposal
system’ means all natural barriers and engineered
barriers, and engineered systems and components,
that prevent the release of radionuclides from the re-
pository.
‘‘(11) ENGINEERED BARRIERS.—The terms ‘engi-
neered barriers’ and ‘engineered systems and compo-
nents,’ mean man made components of a disposal sys-
tem. Such terms include the spent nuclear fuel or
high-level radioactive waste form, spent nuclear fuel
package or high-level radioactive waste package, and
other materials placed over and around such pack-
ages.
‘‘(12) HIGH-LEVEL
RADIOACTIVE
WASTE.—The
term ‘high-level radioactive waste’ means—
‘‘(A) the highly radioactive material result-
ing from the reprocessing of spent nuclear fuel,
including liquid waste produced directly in re-
processing and any solid material derived from
such liquid waste that contains fission products
in sufficient concentrations;
‘‘(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.
‘‘(13) FEDERAL
AGENCY.—The term ‘Federal
agency’ means any Executive agency, as defined in
section 105 of title 5, United States Code.
‘‘(14) INDIAN TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community of Indians recognized as
eligible for the services provided to Indians by the
Secretary of the Interior because of their status as 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)).
‘‘(15) 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.
‘‘(16) INTERIM
STORAGE
FACILITY.—The term
‘interim storage facility’ means a facility designed
and constructed for the receipt, handling, possession,
safeguarding, and storage of spent nuclear fuel and
high-level radioactive waste in accordance with title
II of this Act.
‘‘(17) INTERIM
STORAGE
FACILITY
SITE.—The
term ‘interim storage facility site’ means the specific
site within Area 25 of the Nevada Test Site that is
designated by the Secretary and withdrawn and re-
served in accordance with this Act for the location of
the interim storage facility.
‘‘(18) 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.
‘‘(19) METRIC TONS URANIUM.—The terms ‘met-
ric tons uranium’ and ‘MTU’ mean the amount of
uranium in the original unirradiated fuel element
whether or not the spent nuclear fuel has been reproc-
essed.
‘‘(20) NUCLEAR WASTE FUND.—The term ‘Nu-
clear Waste Fund’ means the nuclear waste fund es-
tablished in the United States Treasury prior to the
date of enactment of this Act under section 302(c) of
the Nuclear Waste Policy Act of 1982.
‘‘(21) OFFICE.—The term ‘Office’ means the Of-
fice of Civilian Radioactive Waste Management estab-
lished within the Department prior to the date of en-
actment of this Act under the provisions of the Nu-
clear Waste Policy Act of 1982.
‘‘(22) 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.
‘‘(23) PROGRAM APPROACH.—The term ‘program
approach’ means the Civilian Radioactive Waste
Management Program Plan, dated May 1996, as
modified by this Act, and as amended from time to
time by the Secretary in accordance with this Act.
‘‘(24) 
REPOSITORY.—The 
term 
‘repository’
means a system designed and constructed under title
II 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.
‘‘(25) SECRETARY.—The term ‘Secretary’ means
the Secretary of Energy.
‘‘(26) 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
a candidate site relevant to the location of a reposi-
tory, including borings, surface excavations, exca-
vations of exploratory facilities, limited subsurface
lateral excavations and borings, and in situ testing
needed to evaluate the licensability of a candidate site
for the location of a repository, but not including pre-
liminary borings and geophysical testing needed to
assess whether site characterization should be under-
taken.
‘‘(27) SPENT NUCLEAR FUEL.—The term ‘spent
nuclear fuel’ means fuel that has been withdrawn
from a nuclear reactor following irradiation, the con-
stituent elements of which have not been separated by
reprocessing.
‘‘(28) 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.
‘‘(29) 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.).
‘‘(30) 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 the centralized interim
storage and permanent 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 generators and owners of such waste and fuel,
including the Federal Government;
‘‘(3) in the interests of protecting the public
health and safety, enhancing the nation’s environ-
mental protection, promoting the nation’s energy se-
curity, and ensuring the Secretary’s ability to com-
mence acceptance of spent nuclear fuel and high-level
radioactive waste no later than January 31, 2002, 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
‘‘(5) the Federal Government has the responsibil-
ity 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 or high-level radioactive waste for interim storage
commencing no later than January 31, 2002, and for
permanent disposal at a repository commencing no
later than January 17, 2010;
‘‘(2) 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 and
the environment;
‘‘(3) to take those actions necessary to ensure
that the consumers of nuclear energy, who are fund-
ing the Secretary’s activities under this Act, receive
the services to which they are entitled and realize the
benefits of enhanced protection of public health and
safety, and the environment, that will ensue from the
Secretary’s compliance with the obligations imposed
by this Act; and
‘‘(4) 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 com-
mence acceptance of spent nuclear fuel and high-level
radioactive waste no later than January 31, 2002.
‘‘TITLE I—OBLIGATIONS
‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
‘‘(a) DISPOSAL.—The Secretary shall develop and op-
erate a repository for the permanent geologic disposal of
spent nuclear fuel and high-level radioactive waste.
‘‘(b) ACCEPTANCE.—The Secretary shall accept spent
nuclear fuel and high-level radioactive waste for storage at
the interim storage facility pursuant to section 204 in ac-
cordance with the acceptance schedule, beginning not later
than January 31, 2002.
‘‘(c) TRANSPORTATION.—The Secretary shall provide
for the transportation of spent nuclear fuel and high-level
radioactive waste accepted by the Secretary.
‘‘(d) INTEGRATED MANAGEMENT SYSTEM.—The Sec-
retary shall expeditiously pursue the development of each
component of the integrated management system, and in
so doing shall seek to utilize effective private sector manage-
ment and contracting practices.
‘‘TITLE II—INTEGRATED
MANAGEMENT SYSTEM
‘‘SEC. 201. INTERMODAL TRANSFER.
‘‘(a) TRANSPORTATION.—The Secretary shall utilize
heavy-haul truck transport to move spent nuclear fuel and
high-level radioactive waste from the mainline rail line at
Caliente, Nevada, to the interim storage facility site. If di-
rect rail access becomes available to the interim storage fa-
cility site, the Secretary may use rail transportation to
meet the requirements of this title.
‘‘(b) CAPABILITY DATE.—The Secretary shall develop
the capability to commence rail to truck intermodal trans-
fer at Caliente, Nevada, no later than January 31, 2002.
‘‘(c) ACQUISITIONS.—The Secretary shall acquire
lands and rights-of-way necessary to commence intermodal
transfer at Caliente, Nevada.
‘‘(d) REPLACEMENTS.—The Secretary shall acquire
and develop on behalf of, and dedicate to, the City of
Caliente, Nevada, parcels of land and rights-of-way as re-
quired to facilitate replacement of land and city wastewater
disposal activities necessary to commence intermodal trans-
fer pursuant to this Act. Replacement of land and city
wastewater disposal activities shall occur no later than
January 31, 2002.
‘‘(e) NOTICE AND MAP.—Within 6 months of the date
of enactment of this Act, the Secretary shall—
‘‘(1) publish in the Federal Register a notice con-
taining a legal description of the sites and rights-of-
way to be acquired under this section; and
‘‘(2) file copies of a map of such sites and rights-
of-way with the Congress, the Secretary of the Inte-
rior, the State of Nevada, the Archivist of the United
States, the Board of Lincoln County Commissioners,
the Board of Nye County Commissioners, and the
Caliente City Council.
Such map and legal description shall have the same force
and effect as if they were included in this Act. The Sec-
retary may correct clerical and typographical errors in
legal descriptions and make minor adjustments in the
boundaries.
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 ra-
dioactive waste; and
‘‘(B) any such improvement, upgrading, or
maintenance activity shall be funded solely by
appropriations made pursuant to sections 401
and 403 of this Act.
‘‘(h) LOCAL GOVERNMENT INVOLVEMENT.—The Com-
mission shall enter into a Memorandum of Understanding
with the City of Caliente and Lincoln County, Nevada, to
provide advice to the Commission regarding intermodal
transfer and to facilitate on-site representation. Reasonable
expenses of such representation shall be paid by the Sec-
retary.
‘‘SEC. 202. TRANSPORTATION PLANNING.
‘‘(a) TRANSPORTATION READINESS.—The Secretary
shall take those actions that are necessary and appropriate
to ensure that the Secretary is able to accept and transport
spent nuclear fuel and high-level radioactive waste begin-
ning not later than January 31, 2002. As soon as is prac-
ticable following the enactment of this Act, the Secretary
shall analyze each specific reactor facility in the order of
priority established in the acceptance schedule, and develop
a logistical plan to assure the Secretary’s ability to trans-
port spent nuclear fuel and high-level radioactive waste.
‘‘(b) TRANSPORTATION PLANNING.—In conjunction
with the development of the logistical plan in accordance
with subsection (a), the Secretary shall update and modify,
as necessary, the Secretary’s transportation 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 radio-
active waste to the interim storage facility no later than
January 31, 2002. Among other things, such planning shall
provide a schedule and process for addressing and imple-
menting, as necessary, transportation routing plans, trans-
portation contracting plans, transportation training in ac-
cordance with section 203, and transportation tracking pro-
grams.
‘‘SEC. 203. 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 prior to transpor-
tation 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
and joint labor-management organizations that
demonstrate experience in implementing and op-
erating worker health and safety training and
education 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 para-
graph—
‘‘(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 the 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 under section 401(c).
‘‘(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
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 con-
sultation with the Secretary, that private industry is un-
able or unwilling to provide such transportation services
at a reasonable cost.
‘‘(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) 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).
‘‘(g) 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 individ-
ual 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
regulations promulgated by the Commission establish
adequate training standards for workers, then the
Secretary of Transportation can refrain from promul-
gating additional regulations with respect to worker
training in such activities. The Secretary of Trans-
portation and the Commission shall use their Memo-
randum of Understanding to ensure coordination of
worker training standards and to avoid duplicative
regulation.
‘‘(3) 
TRAINING
STANDARDS
CONTENT.—The
training standards required to be promulgated under
paragraph (1) shall, among other things deemed nec-
essary and appropriate by the Secretary of Transpor-
tation, include the following provisions—
‘‘(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 onsite 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.
‘‘(4) AUTHORIZATION.—There is 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. 204. 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 January 31, 2002. The in-
terim storage facility shall store spent nuclear fuel and
high-level radioactive waste until the Secretary is able to
transfer such fuel and waste to the repository.
‘‘(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 two phases in order
to commence operations no later than January 31,
2002.
‘‘(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 issued for the first phase of the in-
terim storage facility shall have a term of 20 years.
The interim storage facility licensed in the first phase
shall have a capacity of not more than 10,000 MTU.
The Commission 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 submit-
tal 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 interim storage facility. The li-
cense for the second phase facility shall authorize a
storage capacity of 40,000 MTU. The license for the
second phase 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 or 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 the interim storage facility
site, in connection with an imminent and substantial
endangerment to public health and safety at the in-
terim storage facility prior to commencement of oper-
ations during the second phase.
‘‘(e) NATIONAL
ENVIRONMENTAL
POLICY
ACT
OF
1969.—
‘‘(1) PRELIMINARY
DECISIONMAKING
ACTIVI-
TIES.—The Secretary’s activities under this section,
including the selection of a site for the interim storage
facility, the preparation and submittal of any license
application, and the construction and operation of
any facility shall be considered preliminary decision-
making activities for purposes of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.). 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 require any envi-
ronmental review under subparagraph (E) or (F) of
such Act.
‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—
‘‘(A) FINAL DECISION.—A final decision of
the Commission to grant or deny a license appli-
cation for the first or second phase of the interim
storage facility shall be accompanied by an En-
vironmental Impact 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 State-
ment, the Commission—
‘‘(i) shall assume that 40,000 MTU
will be stored at the 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
facility as designated by the Secretary in
accordance with subsection (a);
‘‘(v) any alternatives to the design cri-
teria for such facility or any individual
component thereof, as specified by the Sec-
retary 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.
‘‘(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 prior to 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 prior to the date of the enact-
ment of this Act. The establishment of such procedures shall
not preclude the licensing, under any applicable procedures
or rules of the Commission in effect prior to such establish-
ment, of any technology for the storage of civilian spent
nuclear fuel at the site of any civilian nuclear power reac-
tor.
‘‘SEC. 205. 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 to
site characterization if the Secretary modifies or
eliminates those site characterization activities de-
signed to demonstrate the suitability of the site under
the guidelines referenced in paragraph (1).
‘‘(3) DATE.—No later than December 31, 2002,
the Secretary shall apply to the Commission for au-
thorization to construct a repository that will com-
mence operations no later than January 17, 2010. If,
at any time prior to the filing of such application,
the Secretary determines that the Yucca Mountain
site cannot satisfy the Commission’s regulations ap-
plicable to the licensing of a geologic repository, the
Secretary shall terminate site characterization activi-
ties at the site, notify Congress and the State of Ne-
vada of the Secretary’s determination and the reasons
therefor, and recommend to Congress not later than 6
months after such determination further actions, in-
cluding the enactment of legislation, that may be
needed to manage the Nation’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 would 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.
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) 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.
‘‘(2) CONSIDERATIONS.—For purposes of comply-
ing with the requirements of the National Environ-
mental Policy Act of 1969 and this section, the Sec-
retary shall not consider in the environmental impact
statement the need for the repository, alternative sites
for the repository, the time of the initial availability
of the repository, or any alternatives to the isolation
of spent nuclear fuel and high-level radioactive waste
in a repository.
‘‘(3) 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 is-
suance 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 to the
Yucca Mountain site, or nongeologic alternatives to
such site.
‘‘(f) JUDICIAL REVIEW.—No court shall have jurisdic-
tion to enjoin issuance of the Commission repository licens-
ing regulations prior to its final decision on review of such
regulations.
‘‘SEC. 206. 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 of any 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.—The boundaries depicted on
the map entitled ‘Interim Storage Facility Site With-
drawal Map,’ dated July 28, 1995, and on file with
the Secretary, are established as the boundaries of the
interim storage facility site.
‘‘(2) BOUNDARIES.—The boundaries depicted on
the map entitled ‘Yucca Mountain Site Withdrawal
Map,’ dated July 28, 1995, and on file with the Sec-
retary, are established as the boundaries of the Yucca
Mountain site.
‘‘(3) NOTICE AND MAPS.—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 maps described in
paragraph (1), and the legal description of the
interim storage facility site with the Congress,
the Secretary of the Interior, the Governor of Ne-
vada, and the Archivist of the United States.
‘‘(4) NOTICE AND MAPS.—Concurrent with the
Secretary’s application to the Commission for author-
ity 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 maps and legal de-
scriptions of the interim storage facility site and the
Yucca Mountain 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 cleri-
cal and typographical errors in the maps and legal
descriptions and make minor adjustments in the
boundaries of the sites.
‘‘SEC. 207. PRIVATE STORAGE FACILITIES.
‘‘(a) COMMISSION ACTION.—Upon application by one
or more private entities for a license for an independent
spent fuel storage installation not located at the site of a
civilian nuclear power reactor, the Commission shall review
such license application and issue a license for one or more
such facilities at the earliest practicable date, to the extent
permitted by the applicable provisions of law and regula-
tion.
‘‘(b) SECRETARY’S ACTIONS.—The Secretary shall en-
courage efforts to develop private facilities for the storage
of spent nuclear fuel by providing any requested informa-
tion and assistance, as appropriate, to the developers of
such facilities and to State and local governments and In-
dian tribes within whose jurisdictions such facilities may
be located, and shall cooperate with the developers of such
facilities to facilitate compatibility between such facilities
and the integrated management system.
‘‘(c) OBLIGATION.—The Secretary shall satisfy the Sec-
retary’s obligations under this Act notwithstanding the de-
velopment of private facilities for the storage of spent nu-
clear fuel or high-level radioactive waste.
‘‘TITLE III—LOCAL RELATIONS
‘‘SEC. 301. 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. 302. 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. 303. 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 302(a) in accordance
with the following schedule:
‘‘BENEFITS SCHEDULE
[Amounts in millions]
Event
County
(A) Annual payments prior to first receipt of fuel ..................................
$2.5
(B) Upon first spent fuel receipt ...............................................................
$5
(C) Annual payments after first spent fuel receipt until closure of fa-
cility ........................................................................................................
$5
‘‘(2) DEFINITIONS.—For purposes of this section,
the term—
‘‘(A) ‘spent fuel’ means high-level radio-
active waste or spent nuclear fuel; and
‘‘(B) ‘first spent fuel receipt’ does not in-
clude receipt of spent fuel or high-level radio-
active waste for purposes of testing or oper-
ational demonstration.
‘‘(3) ANNUAL
PAYMENTS.—Annual payments
prior to first spent fuel receipt under line (A) of the
benefit schedule shall be made on the date of execution
of the benefits agreement and thereafter on the anni-
versary date of such execution. Annual payments
after the first spent fuel receipt until closure of the fa-
cility under line (C) of the benefit schedule shall be
made on the anniversary date of such first spent fuel
receipt.
‘‘(4) REDUCTION.—If the first spent fuel pay-
ment under line (B) is made within 6 months after
the last annual payment prior to the receipt of spent
fuel under line (A) of the benefit schedule, such first
spent fuel payment under line (B) of the benefit
schedule shall be reduced by an amount equal to 1⁄12
of such annual payment under line (A) of the benefit
schedule for each full month less than 6 that has not
elapsed since the last annual payment under line (A)
of the benefit schedule.
‘‘(b) CONTENTS.—A benefits agreement under section
302 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 govern-
ing 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 302 shall con-
stitute a commitment by the United States to make pay-
ments in accordance with such agreement.
‘‘SEC. 304. 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 denied, 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, any provision of such Constitution or laws to the con-
trary notwithstanding.
‘‘(b) ARGUMENTS.—Neither the United States nor any
other entity may assert any argument based on legal or eq-
uitable estoppel, or acquiescence, or waiver, or consensual
involvement, in response to any decision by the State of
Nevada, to oppose the siting in Nevada of the interim stor-
age facility or repository premised upon or related to the
acceptance or use of benefits under this title.
‘‘(c) LIABILITY.—No liability of any nature shall ac-
crue to be asserted against the State of Nevada, its Gov-
ernor, any official thereof, or any official of any govern-
mental unit thereof, premised solely upon the acceptance
or use of benefits under this title.
‘‘SEC. 305. RESTRICTION ON USE OF FUNDS.
‘‘None of the funding provided under section 303 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; and
‘‘(3) to support multistate efforts or other coali-
tion-building activities inconsistent with the purposes
of this Act.
‘‘SEC. 306. INITIAL LAND CONVEYANCES.
‘‘(a) CONVEYANCE OF PUBLIC LANDS.—Within 120
days after October 1, 1998, 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, unless
the county notifies the Secretary of the Interior or the head
of such other appropriate 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 con-
veyed to the County of Nye, County of Lincoln, or the City
of Caliente under this subsection that are subject to a Fed-
eral 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,
1998, 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 October 1, 1998.
‘‘(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 follow-
ing public lands depicted on the maps dated October
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. 307. PAYMENTS EQUAL TO 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
such time as all such activities, development, and oper-
ations are terminated at such site.
‘‘(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 IV—FUNDING AND
ORGANIZATION
‘‘SEC. 401. PROGRAM FUNDING.
‘‘(a) CONTRACTS.—
‘‘(1) AUTHORITY OF SECRETARY.—In the per-
formance 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 spent
nuclear fuel or high-level radioactive waste of domes-
tic origin for the acceptance of title and possession,
transportation, interim storage, and disposal of such
spent fuel or waste upon the payment of fees in ac-
cordance with paragraphs (2) and (3). Except as pro-
vided in paragraph (3), fees assessed pursuant to this
paragraph shall be paid to the Treasury of the United
States and shall be available for use by the Secretary
pursuant to this section until expended.
‘‘(2) ANNUAL FEES.—
‘‘(A) ELECTRICITY.—
‘‘(i) IN GENERAL.—Under a contract
entered into under paragraph (1) there shall
be a fee for electricity generated by civilian
nuclear power reactors and sold on or after
the date of enactment of this Act. The aggre-
gate amount of such fees collected during
each fiscal year shall be no greater than the
annual level of appropriations for expendi-
tures on the integrated management system
for that fiscal year, minus—
‘‘(I) any unobligated balance of
fees collected during the previous fiscal
year; and
‘‘(II) 
such 
appropriations 
re-
quired to be funded by the Federal
Government pursuant to section 403.
‘‘(ii) FEE LEVEL.—The Secretary shall
determine the level of the annual fee for
each civilian nuclear power reactor based
on the amount of electricity generated and
sold, except that for the period commencing
with fiscal year 1999 and continuing
through the fiscal year in which disposal at
the repository commences—
‘‘(I) the average annual fee col-
lected under this subparagraph shall
not exceed 1.0 mill per-kilowatt hour
generated and sold; and
‘‘(II) the fee in any fiscal year in
such period shall not exceed 1.5 mill
per kilowatt hour generated and sold.
Thereafter, the annual fee collected under
this subparagraph shall not exceed 1.0 mill
per-kilowatt hour generated and sold. Fees
assessed pursuant to this subparagraph
shall be paid to the Treasury of the United
States and shall be available for use by the
Secretary pursuant to this section until ex-
pended.
‘‘(B) EXPENDITURES
IF
SHORTFALL.—If,
during any fiscal year, the aggregate amount of
fees assessed pursuant to subparagraph (A) is
less than the annual level of appropriations for
expenditures on those activities specified in sub-
section (d) for that fiscal year, minus—
‘‘(i) any unobligated balance collected
pursuant to this section during the previous
fiscal year, and
‘‘(ii) such appropriations required to
be funded by the Federal Government pur-
suant to section 403,
the Secretary may make expenditures from the
Nuclear Waste Fund up to the level of appro-
priations.
‘‘(C) RULES.—The Secretary shall, by rule,
establish procedures necessary to implement this
paragraph.
‘‘(3) ONE-TIME
FEES.—The one-time fees col-
lected under contracts executed under section 302(a)
of the Nuclear Waste Policy Act of 1982 before the
date of enactment of this Act on spent nuclear fuel,
or high-level radioactive waste derived from spent nu-
clear fuel, which fuel was used to generate electricity
in a civilian nuclear power reactor before April 7,
1983, shall be paid to the Nuclear Waste Fund. The
Secretary shall collect all such fees before the expira-
tion of fiscal year 2002. The Commission shall sus-
pend the license of any licensee who fails or refuses
to pay the full amount of the fee referred to in this
paragraph and the license shall remain suspended
until the full amount of the fee referred to in this
paragraph is paid. In paying such a fee, the person
delivering such spent nuclear fuel or high-level radio-
active wastes, to the Secretary shall have no further
financial obligation under this paragraph to the Fed-
eral Government for the long-term storage and perma-
nent disposal of such spent nuclear fuel or high-level
radioactive waste.
‘‘(b) ADVANCE CONTRACTING REQUIREMENT.—
‘‘(1) IN GENERAL.—
‘‘(A) LICENSE ISSUANCE AND RENEWAL.—
The Commission shall not issue or renew a li-
cense to any person to use a utilization or pro-
duction facility under the authority of section
103 or 104 of the Atomic Energy Act of 1954 (42
U.S.C. 2133, 2134) unless—
‘‘(i) such person has entered into a
contract under subsection (a) with the Sec-
retary; or
‘‘(ii) the Secretary affirms in writing
that such person is actively and in good
faith negotiating with the Secretary for a
contract under subsection (a).
‘‘(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 spent nuclear fuel and high-level radio-
active waste that may result from the use of such
license.
‘‘(2) DISPOSAL IN REPOSITORY.—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 disposed of by the Secretary in
the repository unless the generator or owner of such
spent fuel or waste has entered into a contract under
subsection (a) with the Secretary 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) ASSIGNMENT.—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) DISPOSAL
CONDITION.—No spent nuclear
fuel or high-level radioactive waste 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 at the interim storage facility or repository in
the integrated management system developed under
this Act unless, in each fiscal year, such department
funds its appropriate portion of the costs of such stor-
age and disposal as specified in section 403.
‘‘(c) NUCLEAR WASTE FUND.—
‘‘(1) IN GENERAL.—The Nuclear Waste Fund es-
tablished 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 and shall con-
sist of—
‘‘(A) all receipts, proceeds, and recoveries
realized by the Secretary before the date of enact-
ment of this Act;
‘‘(B) any appropriations made by the Con-
gress before the date of enactment of this Act to
the Nuclear Waste Fund;
‘‘(C) all interest paid on amounts invested
by the Secretary of the Treasury under para-
graph (3)(B); and
‘‘(D) the one-time fees collected pursuant to
subsection (a)(3).
‘‘(2) USE.—The Nuclear Waste Fund shall be
used only for purposes of the integrated management
system.
‘‘(3) ADMINISTRATION
OF
NUCLEAR
WASTE
FUND.—
‘‘(A) IN
GENERAL.—The Secretary of the
Treasury shall hold the Nuclear Waste Fund
and, after consultation with the Secretary, annu-
ally report to the Congress on the financial con-
dition and operations of the Nuclear Waste Fund
during the preceding fiscal year.
‘‘(B) AMOUNTS
IN
EXCESS
OF
CURRENT
NEEDS.—If the Secretary determines that the
Nuclear Waste Fund contains at any time
amounts in excess of current needs, the Secretary
may request the Secretary of the Treasury to in-
vest such amounts, or any portion of such
amounts as the Secretary determines to be ap-
propriate, in obligations of the United States—
‘‘(i) having maturities determined by
the Secretary of the Treasury to be appro-
priate to the needs of the Nuclear Waste
Fund; and
‘‘(ii) bearing interest at rates deter-
mined to be appropriate by the Secretary of
the Treasury, taking into consideration the
current average market yield on outstand-
ing marketable obligations of the United
States with remaining periods to maturity
comparable to the maturities of such invest-
ments, except that the interest rate on such
investments shall not exceed the average in-
terest rate applicable to existing borrowings.
‘‘(C) EXEMPTION.—Receipts, proceeds, and
recoveries realized by the Secretary under this
section, and expenditures of amounts from the
Nuclear Waste Fund, shall be exempt from an-
nual apportionment under the provisions of sub-
chapter II of chapter 15 of title 31, United
States Code.
‘‘(d) USE OF APPROPRIATED FUNDS.—During each
fiscal year, the Secretary may make expenditures of funds
collected after the date of enactment of this Act under this
section and section 403, up to the level of appropriations
for that fiscal year pursuant to subsection (f) only for pur-
poses of the integrated management system.
‘‘(e) PROHIBITION ON USE OF APPROPRIATIONS AND
NUCLEAR WASTE FUND.—The Secretary shall not make ex-
penditures of funds collected pursuant to this section or sec-
tion 403 to design or construct packages for the transpor-
tation, storage, or disposal of spent nuclear fuel from civil-
ian nuclear power reactors.
‘‘(f) APPROPRIATIONS.—
‘‘(1) BUDGET.—The Secretary shall submit the
budget for implementation of the Secretary’s respon-
sibilities under this Act to the Office of Management
and Budget triennially along with the budget of the
Department of Energy submitted at such time in ac-
cordance with chapter 11 of title 31, United States
Code. The budget shall consist of the estimates made
by the Secretary of expenditures under this Act and
other relevant financial matters for the succeeding 3
fiscal years, and shall be included in the budget of the
United States Government.
‘‘(2) APPROPRIATIONS.—Appropriations shall be
subject to triennial authorization. During each fiscal
year, the Secretary may make expenditures, up to the
level of appropriations, out of the funds collected pur-
suant to this section and section 403, if the Secretary
‘‘(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. 403. 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, high-level radioactive
waste from atomic energy defense activities, and spent nu-
clear fuel from foreign research reactors. The share of costs
allocable to the management of spent nuclear fuel, high-level
radioactive waste from atomic energy defense activities, and
spent nuclear fuel from foreign research reactors shall in-
clude—
‘‘(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.—In conjunction with the annual report
submitted to Congress under section 702, the Secretary shall
advise the Congress annually of the amount of spent nuclear
fuel and high-level radioactive waste from atomic energy
defense activities, and spent nuclear fuel from foreign re-
search reactors requiring 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 V—GENERAL AND
MISCELLANEOUS PROVISIONS
‘‘SEC. 501. 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. 502. 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. 503. 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. 504. 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 December 31,
2005.
‘‘(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 onsite 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. 505. 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. 506. 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 radioactive 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, decommission-
ing, site closure, and reclamation of sites, structures,
and equipment used in conjunction with such low-
level radioactive waste. Such financial arrangements
shall be provided and approved by the Commission,
or, in the case of sites within the boundaries of any
agreement State under section 274 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2021), by the appropriate
State or State entity, prior to issuance of licenses for
low-level radioactive waste disposal or, in the case of
licenses in effect on January 7, 1983, prior to 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 en-
vironment.
‘‘(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. 507. NUCLEAR REGULATORY COMMISSION TRAINING
AUTHORIZATION.
‘‘The Commission is authorized and directed to pro-
mulgate regulations, or other appropriate regulatory guid-
ance, for the training and qualifications of civilian nuclear
powerplant operators, supervisors, technicians, and other
appropriate operating personnel. Such regulations or guid-
ance shall establish simulator training requirements for ap-
plicants for civilian nuclear powerplant operator licenses
and for operator requalification programs; requirements
governing Commission administration of requalification
examinations; requirements for operating tests at civilian
nuclear powerplant simulators, and instructional require-
ments for civilian nuclear powerplant licensee personnel
training programs.
‘‘SEC. 508. ACCEPTANCE SCHEDULE.
‘‘The acceptance schedule shall be implemented in ac-
cordance with the following:
‘‘(1) PRIORITY
RANKING.—Acceptance priority
ranking shall be determined by the Department’s ‘Ac-
ceptance Priority Ranking’ report.
‘‘(2) ACCEPTANCE RATE.—Except as provided in
paragraph (5), the Secretary’s acceptance rate for
spent nuclear fuel shall be no less than the following:
1,200 MTU in 2002 and 1,200 MTU in 2003, 2,000
MTU in 2004 and 2,000 MTU in 2005, 2,700 MTU
in 2006, and 3,000 MTU thereafter.
‘‘(3) OTHER ACCEPTANCES.—In each year, once
the Secretary has achieved the annual acceptance rate
for spent nuclear fuel from civilian nuclear power re-
actors established pursuant to the contracts executed
under the Nuclear Waste Policy Act of 1982 (as set
forth in the Secretary’s annual capacity report dated
March 1995 (DOE/RW–0457)), the Secretary—
‘‘(A) shall accept from spent nuclear fuel
from foreign research reactors and spent nuclear
fuel from naval reactors and high-level radio-
active waste from atomic energy defense activi-
ties, an amount of spent nuclear fuel and high-
level radioactive waste which is—
‘‘(i) at least 25 percent of the difference
between such annual acceptance rate and
the annual rate specified in paragraph (2),
or
‘‘(ii) 5 percent of the total amount of
spent nuclear fuel and high-level radioactive
waste actually accepted,
whichever is higher. If such amount is less than
the rate prescribed in the preceding sentence, the
Secretary shall accept spent nuclear fuel or high-
level radioactive waste of domestic origin from
civilian nuclear power reactors which have per-
manently ceased operation; and
‘‘(B) may, additionally, accept any other
spent nuclear fuel or high-level radioactive waste.
‘‘(4) EXCEPTION.—If the annual rate under the
acceptance schedule is not achieved, the acceptance
rate of the Secretary of the materials described in
paragraph (3)(A) shall be the greater of the accept-
ance rate prescribed by paragraph (3) and calculated
on the basis of the amount of spent nuclear fuel and
high-level radioactive waste actually received or 5
percent of the total amount of spent nuclear fuel and
high-level radioactive waste actually accepted.
‘‘(5) ADJUSTMENT.—If the Secretary is unable to
begin acceptance by January 31, 2002 at the rate
specified in paragraph (2) or if the cumulative
amount accepted in any year thereafter is less than
that which would have been accepted under the rate
specified in paragraph (2), the acceptance schedule
shall, to the extent practicable, be adjusted upward
such that within 5 years of the start of acceptance by
the Secretary—
‘‘(A) the total quantity accepted by the Sec-
retary is consistent with the total quantity that
the Secretary would have accepted if the Sec-
retary had begun acceptance in 2002; and
‘‘(B) thereafter the acceptance rate is equiv-
alent to the rate that would be in place pursuant
to paragraph (2) if the Secretary had com-
menced acceptance in 2002.
‘‘(6) EFFECT
ON
SCHEDULE.—The acceptance
schedule shall not be affected or modified in any way
as a result of the Secretary’s acceptance of any mate-
rial other than contract holders’ spent nuclear fuel
and high-level radioactive waste.
‘‘SEC. 509. 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.
‘‘TITLE VI—NUCLEAR WASTE
TECHNICAL REVIEW BOARD
‘‘SEC. 601. DEFINITIONS.
‘‘For purposes of this title—
‘‘(1) CHAIRMAN.—The term ‘Chairman’ means
the Chairman of the Nuclear Waste Technical Review
Board.
‘‘(2) BOARD.—The term ‘Board’ means the Nu-
clear Waste Technical Review Board continued under
section 602.
‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.
‘‘(a) CONTINUATION OF NUCLEAR WASTE TECHNICAL
REVIEW BOARD.—The Nuclear Waste Technical Review
Board, established under section 502(a) of the Nuclear
Waste Policy Act of 1982 as constituted prior to the date
of enactment of this Act, shall continue in effect subsequent
to the date of enactment of this Act.
‘‘(b) MEMBERS.—
‘‘(1) NUMBER.—The Board shall consist of 11
members who shall be appointed by the President not
later than 90 days after December 22, 1987, from
among persons nominated by the National Academy
of Sciences in accordance with paragraph (3).
‘‘(2) CHAIR.—The President shall designate a
member of the Board to serve as Chairman.
‘‘(3) NATIONAL ACADEMY OF SCIENCES.—
‘‘(A) NOMINATIONS.—The National Acad-
emy of Sciences shall, not later than 90 days
after December 22, 1987, nominate not less than
22 persons for appointment to the Board from
among persons who meet the qualifications de-
scribed in subparagraph (C).
‘‘(B) VACANCIES.—The National Academy
of Sciences shall nominate not less than 2 per-
sons to fill any vacancy on the Board from
among persons who meet the qualifications de-
scribed in subparagraph (C).
‘‘(C) NOMINEES.—
‘‘(i) Each person nominated for ap-
pointment to the Board shall be—
‘‘(I) eminent in a field of science
or 
engineering, 
including 
environ-
mental sciences; and
‘‘(II) selected solely on the basis of
established records of distinguished
service.
‘‘(ii) The membership of the Board
shall be representatives of the broad range of
scientific and engineering disciplines relat-
ed to activities under this title.
‘‘(iii) No person shall be nominated for
appointment to the Board who is an em-
ployee of—
‘‘(I) the Department of Energy;
‘‘(II) a national laboratory under
contract with the Department of En-
ergy; or
‘‘(III) an entity performing spent
nuclear fuel or high-level radioactive
waste activities under contract with
the Department of Energy.
‘‘(4) VACANCIES.—Any vacancy on the Board
shall be filled by the nomination and appointment
process described in paragraphs (1) and (3).
‘‘(5) TERMS.—Members of the Board shall be ap-
pointed for terms of 4 years, each such term to com-
mence 120 days after December 22, 1987, except that
of the 11 members first appointed to the Board, 5
shall serve for 2 years and 6 shall serve for 4 years,
to be designated by the President at the time of ap-
pointment, except that a member of the Board whose
term has expired may continue to serve as a member
of the Board until such member’s successor has taken
office.
‘‘SEC. 603. FUNCTIONS.
‘‘The Board shall evaluate the technical and scientific
validity of activities undertaken by the Secretary after De-
cember 22, 1987, including—
‘‘(1) site characterization activities; and
‘‘(2) activities relating to the packaging or trans-
portation of spent nuclear fuel or high-level radio-
active waste.