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
expeditious and safe development and commence-
ment of operation of an integrated management sys-
tem and any necessary modifications to the trans-
portation infrastructure to ensure that the Secretary
can commence acceptance of spent nuclear fuel and
high-level radioactive waste no later than June 30,
2003.
‘‘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
accordance with the acceptance schedule, beginning not
later than June 30, 2003.
‘‘(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
Secretary shall expeditiously pursue the development of
each component of the integrated management system,
and in so doing shall seek to utilize effective private sector
management 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
direct rail access becomes available to the interim storage
facility site, the Secretary may use rail transportation to
meet the requirements of this title.
‘‘(b) CAPABILITY DATE.—The Secretary shall de-
velop the capability to commence rail to truck intermodal
transfer at Caliente, Nevada, no later than June 30, 2003.
‘‘(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 waste-
water disposal activities necessary to commence inter-
modal transfer pursuant to this Act. Replacement of land
and city wastewater disposal activities shall occur no later
than June 30, 2003.
‘‘(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
containing 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
Interior, the State of Nevada, the Archivist of the
United States, the Board of Lincoln County Com-
missioners, the Board of Nye County Commis-
sioners, 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.
‘‘(f) IMPROVEMENTS.—The Secretary shall make im-
provements to existing roadways selected for heavy-haul
truck transport between Caliente, Nevada, and the interim
storage facility site as necessary to facilitate year-round
safe transport of spent nuclear fuel and high-level radio-
active waste.
‘‘(g) HEAVY-HAUL TRANSPORTATION ROUTE.—
‘‘(1) DESIGNATION OF ROUTE.—The route for
the heavy-haul truck transport of spent nuclear fuel
and high-level radioactive waste shall be as des-
ignated in the map dated July 21, 1997 (referred to
as ‘Heavy-Haul Route’) and on file with the Sec-
retary.
‘‘(2) TRUCK TRANSPORTATION.—The Secretary,
in consultation with the State of Nevada and appro-
priate counties and local jurisdictions, shall establish
reasonable terms and conditions pursuant to which
the Secretary may utilize heavy-haul truck transport
to move spent nuclear fuel and high-level radioactive
waste from Caliente, Nevada, to the interim storage
facility site.
‘‘(3) IMPROVEMENTS
AND
MAINTENANCE.—
Notwithstanding any other law—
‘‘(A) the Secretary shall be responsible for
any incremental costs related to improving or
upgrading Federal, State, and local roads with-
in the heavy-haul transportation route utilized,
and performing any maintenance activities on
such roads, as necessary, to facilitate year-
round safe transport of spent nuclear fuel and
high-level radioactive waste; and
‘‘(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
Commission shall enter into a Memorandum of Under-
standing with the City of Caliente and Lincoln County,
Nevada, to provide advice to the Commission regarding
intermodal transfer and to facilitate on-site representa-
tion. Reasonable expenses of such representation shall be
paid by the Secretary.
‘‘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 trans-
port spent nuclear fuel and high-level radioactive waste be-
ginning not later than June 30, 2003. 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 de-
velop a logistical plan to assure the Secretary’s ability to
transport spent nuclear fuel and high-level radioactive
waste, using routes that minimize, to the maximum prac-
ticable extent and consistent with Federal requirements
governing transportation of hazardous materials, trans-
portation of spent nuclear fuel and high-level radioactive
waste through populated areas.
‘‘(b) TRANSPORTATION PLANNING.—
‘‘(1) IN GENERAL.—In conjunction with the de-
velopment of the logistical plan in accordance with
subsection (a), the Secretary shall update and mod-
ify, as necessary, the Secretary’s transportation in-
stitutional plans to ensure that institutional issues
are addressed and resolved on a schedule to support
the commencement of transportation of spent nu-
clear fuel and high-level radioactive waste to the in-
terim storage facility no later than June 30, 2003.
Among other things, such planning shall provide a
schedule and process for addressing and implement-
ing, as necessary, transportation routing plans,
transportation contracting plans, transportation
training in accordance with section 203, and trans-
portation tracking programs.
‘‘(2) RAIL ROUTES.—Not later than one year
after the date of the enactment of this Act, the Sec-
retary of Transportation shall establish procedures
for the selection of preferred rail routes for the
transportation of spent nuclear fuel and high-level
radioactive waste to the interim storage site and the
repository site. Such procedures shall be established
in consultation with the designated emergency serv-
ices planning management official for any State or
Indian tribe affected by the rail routes selected.
‘‘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
notification of State and local governments prior to trans-
and education programs and demonstrate the
ability to reach and involve in training pro-
grams target populations of workers who are or
will be directly engaged in the transportation of
spent nuclear fuel and high-level radioactive
waste or emergency response or post-emergency
response with respect to such transportation.
‘‘(B) 
TRAINING.—Training 
under 
this
paragraph—
‘‘(i) shall cover procedures required
for safe routine transportation of materials
and procedures for dealing with emergency
response 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
radioactive waste;
‘‘(II) instruction of public safety
officers in procedures for the com-
mand and control of the response to
any incident involving such fuel or
waste; and
‘‘(III) instruction of radiological
protection and emergency medical per-
sonnel in procedures for responding to
an incident involving spent nuclear
fuel or high-level radioactive waste
being transported.
‘‘(3) GRANTS.—To implement this subsection,
grants shall be made from the Nuclear Waste Fund.
‘‘(4) MINIMIZING
DUPLICATION
OF
EFFORT
AND EXPENSES.—The Secretaries of Transportation,
Labor, and Energy, Directors of the Federal Emer-
gency Management Agency and National Institute of
Environmental Health Sciences, the Nuclear Regu-
latory Commission, and Administrator of the Envi-
ronmental Protection Agency shall review periodi-
cally, with the head of each department, agency, or
instrumentality of the Government, all emergency re-
sponse and preparedness training programs of that
department, agency, or instrumentality to minimize
duplication of effort and expense of the department,
agency, or instrumentality in carrying out the pro-
grams and shall take necessary action to minimize
duplication.
‘‘(d) USE OF PRIVATE CARRIERS.—The Secretary, in
providing for the transportation of spent nuclear fuel and
high-level radioactive waste under this Act, shall by con-
tract use private industry to the fullest extent possible in
each aspect of such transportation. The Secretary shall
use direct Federal services for such transportation only
upon a determination by the Secretary of Transportation,
in consultation with the Secretary, that private industry
is unable or unwilling to provide such transportation serv-
ices at a reasonable cost.
‘‘(e) 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 commer-
cial motor vehicles), 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 Sec-
retary of Transportation, pursuant to authority
under other provisions of law, in consultation with
the Secretary of Labor and the Commission, shall
promulgate a regulation establishing training stand-
ards applicable to workers directly involved in the re-
moval and transportation of spent nuclear fuel and
high-level radioactive waste. The regulation shall
specify minimum training standards applicable to
workers, including managerial personnel. The regu-
lation shall require that the employer possess evi-
dence of satisfaction of the applicable training
standard before any individual may be employed in
the removal and transportation of spent nuclear fuel
and high-level radioactive waste.
‘‘(2) SECRETARY OF TRANSPORTATION.—If the
Secretary of Transportation determines, in promul-
gating the regulation required by paragraph (1),
that existing Federal regulations establish adequate
training standards for workers, then the Secretary
of Transportation can refrain from promulgating ad-
ditional regulations with respect to worker training
in such activities. The Secretary of Transportation
and the Commission shall use their Memorandum of
Understanding to ensure coordination of worker
training standards and to avoid duplicative regula-
tion.
‘‘(3) 
TRAINING
STANDARDS
CONTENT.—If
training standards are required to be promulgated
under paragraph (1), such standards shall, among
other things deemed necessary and appropriate by
the Secretary of Transportation, provide for—
‘‘(A) a specified minimum number of hours
of initial off site instruction and actual field ex-
perience under the direct supervision of a
trained, experienced supervisor;
‘‘(B) a requirement that 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
removal and transportation of spent nuclear
fuel and high-level radioactive waste.
The Secretary of Transportation may specify an ap-
propriate combination of knowledge, skills, and prior
training to fulfill the minimum number of hours re-
quirements of subparagraphs (A) and (B).
‘‘(4) 
EMERGENCY
RESPONDER
TRAINING
STANDARDS.—The training standards for persons
responsible for responding to emergency situations
occurring during the removal and transportation of
spent nuclear fuel and high-level radioactive waste
shall, in accordance with existing regulations, ensure
their ability to protect nearby persons, property, or
the environment from the effects of accidents involv-
ing spent nuclear fuel and high-level radioactive
waste.
‘‘(5) AUTHORIZATION.—There is authorized to
be appropriated to the Secretary of Transportation,
from general revenues, such sums as may be nec-
essary 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 facil-
ity shall be subject to licensing pursuant to the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.) in accord-
ance with the Commission’s regulations governing the li-
censing of independent spent fuel storage installations and
ment. 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 Sec-
retary may utilize any facility owned by the Federal
Government on the date of enactment of this Act
and within the boundaries of the interim storage fa-
cility site, in connection with an imminent and sub-
stantial endangerment to public health and safety at
the interim storage facility prior to commencement
of operations 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 stor-
age facility, the preparation and submittal of any li-
cense application, and the construction and oper-
ation of any facility shall be considered preliminary
decisionmaking activities for purposes of the Na-
tional Environmental 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 Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)(C))
or require any environmental review under subpara-
graph (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 ap-
plication for the first or second phase of the in-
terim storage facility shall be accompanied by
an Environmental Impact Statement prepared
under section 102(2)(C) of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)). In preparing such Environmental
Impact Statement, the Commission—
‘‘(i) shall assume that 40,000 MTU
will be stored at the 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
facility, including any individual compo-
nent 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 radio-
active 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 obliga-
tion to construct and operate the interim storage facility
in accordance with this section and the Secretary’s obliga-
tion to develop an integrated management system in ac-
cordance with the provisions of this Act, shall provide suf-
ficient and independent grounds for any further findings
by the Commission of reasonable assurance that spent nu-
clear fuel and high-level radioactive waste will be disposed
of safely and on a timely basis for purposes of the Com-
mission’s decision to grant or amend any license to operate
any civilian nuclear power reactor under the Atomic En-
ergy 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
Policy Act of 1982, as in effect prior to the date of the
enactment of this Act. The establishment of such proce-
dures shall not preclude the licensing, under any applica-
ble procedures or rules of the Commission in effect prior
to such establishment, of any technology for the storage
of civilian spent nuclear fuel at the site of any civilian nu-
clear power reactor.
‘‘SEC. 205. PERMANENT DISPOSAL.
‘‘(a) SITE CHARACTERIZATION.—
‘‘(1) GUIDELINES.—The guidelines promul-
gated by the Secretary and published at 10 CFR
part 960 are annulled and revoked and the Sec-
retary shall make no assumptions or conclusions
about the licensability of the Yucca Mountain site as
a repository by reference to such guidelines.
‘‘(2) SITE
CHARACTERIZATION
ACTIVITIES.—
The Secretary shall carry out appropriate site char-
acterization activities at the Yucca Mountain site in
accordance 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,
2003, the Secretary shall apply to the Commission
for authorization to construct a repository that will
commence operations no later than January 17,
2010. If, at any time prior to the filing of such ap-
plication, the Secretary determines that the Yucca
Mountain site cannot satisfy the Commission’s regu-
lations applicable to the licensing of a geologic re-
pository, the Secretary shall terminate site charac-
terization activities at the site, notify Congress and
the State of Nevada of the Secretary’s determination
and the reasons therefor, and recommend to Con-
gress not later than 6 months after such determina-
tion further actions, including the enactment of leg-
islation, 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 en-
actment of this Act, the Commission shall amend its regu-
lations 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 sub-
section (c), such regulations shall provide for the licensing
of the repository 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
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.
‘‘(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
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.
‘‘(3) CLOSURE.—After emplacing spent nuclear
fuel and high-level radioactive waste in the reposi-
tory and collecting sufficient confirmatory data on
repository performance to reasonably confirm the
basis for repository closure consistent with the Com-
mission’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 li-
cense amendment upon finding that there is reason-
able assurance that the repository can be perma-
nently closed—
‘‘(A) in conformity with the Secretary’s ap-
plication to amend the license, the provisions of
this Act, and the regulations of the Commis-
sion;
‘‘(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 subsequent to repository closure that poses an
unreasonable 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
release standard established in subsection
(d)(1).
‘‘(c) MODIFICATION
OF
REPOSITORY
LICENSING
PROCEDURE.—The Commission’s regulations shall pro-
vide for the modification of the repository licensing proce-
dure, as appropriate, in the event that the Secretary seeks
a license to permit the emplacement in the repository, on
a retrievable 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
releases of radioactive materials or radioactivity from the
repository and any such standards existing on the date
of enactment of this Act shall not be incorporated in the
Commission’s licensing regulations. The Commission’s re-
pository licensing determinations for the protection of the
public shall be based solely on a finding whether the repos-
itory can be operated in conformance with the overall sys-
tem performance standard established in paragraph
(1)(A) and applied in accordance with the provisions of
paragraph (1)(B). The Commission shall amend its regu-
lations in accordance with subsection (b) to incorporate
each of the following licensing standards:
‘‘(1) RELEASE STANDARD.—
‘‘(A) ESTABLISHMENT OF OVERALL SYS-
TEM PERFORMANCE STANDARD.—The standard
for protection of the public from release of ra-
dioactive material or radioactivity from the re-
pository shall prohibit releases that would ex-
pose an average member of the general popu-
lation in the vicinity of the Yucca Mountain site
to an annual dose in excess of 100 millirems
unless the Commission, in consultation with the
Administrator of the Environmental Protection
Agency, determines by rule that such standard
would not provide for adequate protection of
the health and safety of the public and estab-
lishes by rule another standard which will pro-
vide for adequate protection of the health and
safety of the public. Such standard shall con-
stitute an overall system performance standard.
‘‘(B) APPLICATION OF OVERALL SYSTEM
PERFORMANCE
STANDARD.—The Commission
shall issue the license if it finds reasonable as-
surance that—
‘‘(i) for the first 1,000 years following
the commencement of repository oper-
ations, the overall system performance
standard will be met based on a deter-
ministic or probabilistic evaluation of the
overall performance of the disposal system;
and
‘‘(ii) for the period commencing after
the first 1,000 years of operation of the re-
pository and terminating at 10,000 years
after the commencement of operation of
the repository, there is likely to be compli-
ance with the overall system performance
standard based on regulatory insight
gained through the use of a probabilistic
integrated performance model that uses
best estimate assumptions, data, and
methods.
‘‘(2) HUMAN
INTRUSION.—The Commission
shall assume that, following repository closure, the
inclusion of engineered barriers and the Secretary’s
post-closure actions at the Yucca Mountain site, in
accordance with subsection (b)(3), shall be sufficient
to—
‘‘(A) prevent any human activity at the
site that poses an unreasonable risk of breach-
ing the repository’s engineered or geologic bar-
riers; 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.—Construc-
tion and operation of the repository shall be consid-
ered a major Federal action significantly affecting
the quality of the human environment for purposes
of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.). The Secretary shall submit
an environmental impact statement on the construc-
tion and operation of the repository to the Commis-
sion with the application for construction authoriza-
tion.
1954 (42 U.S.C. 2011 et seq.). In any such state-
ment prepared with respect to the repository, the
Commission shall not consider the need for a reposi-
tory, the time of initial availability of the repository,
alternate sites to the Yucca Mountain site, or non-
geologic alternatives to such site.
‘‘(f) JUDICIAL REVIEW.—No court shall have juris-
diction to enjoin issuance of the Commission repository
licensing 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, appropria-
tion, and disposal under the public land laws, includ-
ing 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 op-
eration, respectively, of the interim storage facility
and the repository and activities associated with the
purposes of this title.
‘‘(b) LAND DESCRIPTION.—
‘‘(1) BOUNDARIES.—The boundaries depicted
on the map entitled ‘Interim Storage Facility Site
Withdrawal 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 With-
drawal Map,’ dated July 28, 1995, and on file with
the Secretary, 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
Nevada, and the Archivist of the United States.
‘‘(4) NOTICE AND MAPS.—Concurrent with the
Secretary’s application to the Commission for au-
thority 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
Secretary of the Interior, the Governor of Ne-
vada, 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 cler-
ical and typographical errors in the maps and legal
descriptions and make minor adjustments in the
boundaries of the sites.
‘‘SEC. 207. APPLICABILITY.
‘‘Nothing in this Act shall affect the application of
chapter 51 of title 49, United States Code; part A of sub-
title V of title 49, United States Code; part B of subtitle
VI of title 49, United States Code; and title 23, United
States Code.
‘‘TITLE 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 Secretary.
‘‘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,
concerning 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 mu-
tual consent of the parties to the amendment and termi-
nated only in accordance with subsection (c).
‘‘(c) TERMINATION.—The Secretary shall terminate
an agreement under subsection (a) if any element of the
integrated 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 accord-
ance 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
facility .............................................................................................
$5
‘‘(2) DEFINITIONS.—For purposes of this sec-
tion, 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 execu-
tion of the benefits agreement and thereafter on the
anniversary date of such execution. Annual pay-
ments after the first spent fuel receipt until closure
of the facility 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 sec-
tion 302 shall provide that—
‘‘(1) the parties to the agreement shall share
with one another information relevant to the licens-
ing process for the interim storage facility or reposi-
tory, as it becomes available; and
‘‘(2) the affected unit of local government that
is party to such agreement may comment on the de-
velopment of the integrated management system and
on documents required under law or regulations gov-
erning the effects of the system on the public health
and safety.
‘‘(c) CONSTRUCTION.—The signature of the Sec-
retary on a valid benefits agreement under section 302
shall constitute a commitment by the United States to
make payments 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 Constitu-
tion of the State of Nevada or any law thereof, to the
siting of the interim storage facility or repository in the
State of Nevada, any provision of such Constitution or
laws to the contrary notwithstanding.
‘‘(b) ARGUMENTS.—Neither the United States nor
any other entity may assert any argument based on legal
or equitable estoppel, or acquiescence, or waiver, or con-
sensual involvement, in response to any decision by the
State of Nevada, to oppose the siting in Nevada of the
interim storage facility or repository premised upon or re-
lated to the acceptance or use of benefits under this title.
‘‘(c) LIABILITY.—No liability of any nature 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, 2000 , the Secretary of the Interior,
or other agency with jurisdiction over the public lands de-
scribed in subsection (b), shall convey the public lands de-
scribed in subsection (b) to the appropriate county, 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 conveyed to the County of Nye, County of Lin-
coln, or the City of Caliente under this subsection that
are subject to a Federal grazing permit or a similar feder-
ally granted privilege shall be conveyed between 60 and
120 days of the earliest time the Federal agency admin-
istering or granting the privilege would be able to legally
terminate such privilege under the statutes and regula-
tions existing on October 1, 2000, unless the Federal
agency, county or city, and the affected holder of the privi-
lege negotiate an agreement that allows for an earlier con-
veyance, but in no case to occur earlier than October 1,
2000.
‘‘(b) SPECIAL CONVEYANCES.—Subject to valid exist-
ing rights and notwithstanding any other law, the Sec-
retary of the Interior or the head of the other appropriate
agency shall convey:
‘‘(1) To the County of Nye, Nevada, the follow-
ing 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 Land-
fill 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 Oc-
tober 11, 1995, and on file with the Secretary:
the 1-year period following the date on which the
Secretary notifies the affected Indian tribe or af-
fected unit of local government of the termination of
the operation 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 inte-
grated management system activities at such site are
terminated by the Secretary or if such activities are
permanently enjoined by any court.
‘‘TITLE IV—FUNDING AND
ORGANIZATION
‘‘SEC. 401. PROGRAM FUNDING.
‘‘(a) CONTRACTS.—
‘‘(1) AUTHORITY OF THE SECRETARY.—In the
performance of the Secretary’s functions under this
Act, the Secretary is authorized to enter into con-
tracts with any person who generates or holds title
to spent nuclear spent nuclear fuel or high-level ra-
dioactive waste of domestic origin for the acceptance
of title and possession, transportation, interim stor-
age, and disposal of such waste or spent fuel. Such
contracts shall provide for payment of fees to the
Secretary in the amounts set under paragraphs (2),
(3), and (4). Subsequent to the enactment of the
Nuclear Waste Policy Act of 1999, the contracts ex-
ecuted under section 302(a) of the Nuclear Waste
Policy Act of 1982 shall continue in effect under this
Act. The Secretary shall consent to an amendment
to such contracts as necessary to implement the pro-
visions of this Act.
‘‘(2) NUCLEAR
WASTE
OFFSETTING
COLLEC-
TION.—
‘‘(A) For electricity generated by civilian
nuclear power reactors and sold, the Secretary
shall collect an aggregate amount of fees under
this paragraph equal to the annual level of ap-
propriations for expenditures on those activities,
consistent with subsection (d), for the fiscal
year beginning October 1, 1999, minus—
‘‘(i) the percentage of such appropria-
tion required to be funded by the Federal
Government pursuant to section 403; and
‘‘(ii) the amount of the appropriation
from the Nuclear Waste Fund, as author-
ized pursuant to paragraph (3)(B); and
‘‘(B) The Secretary shall determine the
level of the annual fee for each civilian nuclear
power reactor based on the amount of elec-
tricity generated and sold, except that for the
period commencing with fiscal year 2000 and
continuing through the fiscal year in which dis-
posal at the repository commences—
‘‘(i) the total average annual amount
of offsetting collection fees combined with
the nuclear waste mandatory fee collected
pursuant to paragraph (3), shall not ex-
ceed 1.0 mill per kilowatt-hour generated
and sold; and
‘‘(ii) the total amount of offsetting
collection fees combined with the nuclear
waste mandatory fee collection pursuant to
paragraph (3) in any fiscal year in such
period shall not exceed 1.5 mill per kilo-
watt-hour generated and sold.
The cap on fees established under this subparagraph shall
not otherwise result in a reduction to the level of the nu-
clear waste mandatory fee established pursuant to para-
graph (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 sec-
tion until expended.
‘‘(3) NUCLEAR WASTE MANDATORY FEE.—
‘‘(A) Except as provided in subparagraph
(D), for electricity generated by civilian nuclear
power reactors and sold on or after January 7,
1983, the fee paid to the Secretary under this
paragraph shall be equal to—
‘‘(i) 0.5 mill per kilowatt-hour gen-
erated and sold for each fiscal year begin-
ning October 1, 1999, and ending on Sep-
tember 30, 2004;
‘‘(ii) 0.4 mill per kilowatt-hour gen-
erated and sold for each fiscal year begin-
ning October 1, 2004, and ending Septem-
ber 30, 2009; and
‘‘(iii) zero mill per kilowatt-hour gen-
erated and sold for each fiscal year after
September 30, 2009, unless the Secretary
makes a determination pursuant to para-
graph (5)(A), which is adopted pursuant to
paragraph (7).
‘‘(B) There are authorized to be appro-
priated from the Nuclear Waste Fund, for each
fiscal beginning October 1, 1999, amounts
equal to the amounts determined in subpara-
graph (A), as well as such sums as may be nec-
essary from the balances in the Nuclear Waste
Fund.
‘‘(4) CAP ON PARAGRAPH (2) AND (3) FEES.—
The total amount of offsetting collection fees col-
lected pursuant to paragraph (2) and the nuclear
waste mandatory fee collected pursuant to para-
graph (3) shall not exceed 1.0 mill per killowatt-hour
generated and sold.
‘‘(5) ADJUSTMENTS TO THE CAP ON FEES.—
‘‘(A) No later than 30 days after the be-
ginning of each fiscal year, the Secretary shall
determine whether insufficient or excess reve-
nues are being collected under this subsection,
to make a fee proposal to Congress under para-
graph (7). In making this determination, the
Secretary shall—
‘‘(i) rely on the ‘Analysis of the Total
System Life Cycle Cost of the Civilian Ra-
dioactive Waste Management Program’,
dated September 1995, or on a total sys-
tem life-cycle cost analysis published by the
Secretary (after notice and opportunity for
public comment) after the date of enact-
ment of this Act, as part of making any es-
timate of the costs to be incurred by the
Government for the integrated manage-
ment system under subsection (c)(2);
‘‘(ii) rely on projections from the En-
ergy Information Administration, consist-
ent with the projections contained in the
reference case in the most recent ‘Annual
Energy Outlook’ published by such Admin-
istration, made by the Administration in
making any estimate of future power gen-
eration; and
‘‘(iii) take into account projected bal-
ances in, and expenditures from, the Nu-
clear Waste Fund.
‘‘(B) If the Secretary determines under
subparagraph (A) that either insufficient or ex-
cess revenues are being collected, the Secretary
shall, at the time of the determination, transmit
a proposal to Congress to adjust the cap
amount specified in subsection (a)(2)(B) to en-
sure full cost recovery. The cap amount speci-
fied in subsection (a)(2)(B)(i) shall be adjusted,
by operation of law, immediately upon enact-
ment of a joint resolution of approval under
paragraph (7).
‘‘(C) The Secretary shall, by rule, establish
procedures necessary to implement this para-
graph.
‘‘(7) 1-TIME FEE.—
‘‘(A) For spent nuclear fuel or solidified
high-level radioactive waste derived from spent
nuclear fuel, which fuel was used to generate
electricity in a civilian nuclear power reactor
prior to January 7, 1983, the fee shall be in an
amount equivalent to an average charge of 1.0
mill per kilowatt-hour for electricity generated
by such spent nuclear fuel or solidified high-
level waste derived therefrom. Payment of such
1-time fee prior to the date of enactment of the
Nuclear Waste Policy Act of 1999 shall satisfy
the obligation imposed under this paragraph.
‘‘(B) Any 1-time fee paid and collected
subsequent to the date of enactment of this Act
pursuant to the contracts referred to in sub-
section (a), including any interest due pursuant
to the contracts—
‘‘(i) for civilian nuclear power reactors
owned by investor-owned and cooperatively
owned utilities, in an amount not less than
1⁄2 the 1-time fee shall be paid to the Nu-
clear Waste Fund and shall be paid no
later than September 30, 2004, and the re-
maining balance shall be paid no later than
September 30, 2009;
‘‘(ii) for civilian nuclear power reac-
tors owned by publicly owned utilities, the
1-time fee shall be paid to the Nuclear
Waste Fund and shall be paid in 4 incre-
ments of one 4th each, in the fiscal year
ending on September 30, 2003, 2004,
2008, and 2009; and
‘‘(iii) any unpaid amounts of the 1-
time fee shall continue to accrue interest
until the time of payment, pursuant to the
terms and conditions established in con-
tracts.
‘‘(C) The Commission shall suspend the li-
cense of any licensee who fails or refuses to pay
the full amount of the fees assessed under this
subsection, on or before the date on which fees
are due, and the license shall remain suspended
until the full amount of the fees assessed under
this subsection is paid.
‘‘(D) The person paying the fee under this
paragraph to the Secretary shall have no fur-
ther financial obligation to the Federal Govern-
ment for the long-term storage and permanent
disposal of spent fuel or high-level radioactive
waste derived from spent nuclear fuel used to
generate electricity in a civilian power reactor
prior to January 7, 1983.
‘‘(8) EXPEDITED PROCEDURES FOR APPROVAL
OF
CHANGES
TO
THE
CAP
ON
NUCLEAR
WASTE
FEES.—
‘‘(A) At any time after the Secretary
transmits a proposal for a fee cap adjustment
under paragraph (5)(B) of this subsection, a
joint resolution may be introduced in either
House of Congress, the matter after the resolv-
ing clause of which is as follows: ‘That Con-
gress approves the adjustment to the cap on the
nuclear waste fees under section 401(a)(3) of
the Nuclear Waste Policy Act of 1999, submit-
ted by the Secretary of Energy on 
’.
‘‘(B) A joint resolution described in sub-
paragraph (A) shall be referred to the commit-
tees in each House of Congress with jurisdic-
tion.
‘‘(C) In the Senate, if the committee to
which is referred a joint resolution described in
subparagraph (A) has not reported such joint
resolution (or an identical joint resolution) at
the end of 20 calendar days after the date on
which it is introduced, such committee may be
discharged from further consideration of such
joint resolution upon a petition supported in
writing by 30 Members of the Senate, and such
joint resolution shall be placed on the calendar.
‘‘(D) In the Senate, the procedure under
section 802(d) of title 5, United States Code,
shall apply to a joint resolution described in
subparagraph (A).
‘‘(9) POINTS OF ORDER.—No points of order,
which require 60 votes in order to adopt a motion
to waive such point of order, shall be considered to
be waived during the consideration of a joint resolu-
tion under this paragraph.
‘‘(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 with the Secretary; 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 re-
quire as a precondition to the issuance or re-
newal of a license under section 103 or 104 of
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 Sec-
retary for the disposal of spent nuclear fuel and
high-level radioactive waste that may result
from the use of such license.
‘‘(2) DISPOSAL IN REPOSITORY.—No spent nu-
clear 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 genera-
tor or owner of such spent fuel or waste has entered
into a contract with the Secretary by not later than
June 30, 1983, which under subsection (a) is to be
treated as a contract entered into under this Act or
the date on which such generator or owner com-
ments generation of, or takes title to, such spent
fuel or waste.
‘‘(3) ASSIGNMENT.—The rights and duties of
contract holders are assignable.
‘‘(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
Secretary of such department at the interim storage
facility or repository in the integrated management
system developed under this Act unless, in each fis-
cal year, such department funds its appropriate por-
tion of the costs of such storage and disposal as
specified in section 403.
‘‘(c) NUCLEAR WASTE FUND.—
‘‘(1) IN GENERAL.—The Nuclear Waste Fund
established in the Treasury of the United States
under section 302(c) of the Nuclear Waste Policy
Act of 1982 shall continue in effect under this Act
and shall consist of—
‘‘(A) the existing balance in the Nuclear
Waste Fund on the date of enactment of this
Act, and
‘‘(B) all receipts, proceeds, and recoveries
realized under subsections (a)(3), (a)(4), and
(c)(3) subsequent to the date of enactment of
this Act, which shall be deposited in the Nu-
clear Waste Fund immediately upon their real-
ization.
‘‘(2) PURPOSES.—The Nuclear Waste Fund
shall be used only for purposes of the integrated
management system.
‘‘(3) 
ADMINISTRATION
OF
THE
NUCLEAR
WASTE FUND.—
‘‘(A) IN GENERAL.—The Secretary of the
Treasury shall hold the Nuclear Waste Fund
and, after consultation with the Secretary, an-
nually report to the Congress on the financial
condition 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 Sec-
retary may request the Secretary of the Treas-
ury to invest such amounts, or any portion of
such amounts as the Secretary determines to be
appropriate, 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;
‘‘(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 out-
standing marketable obligations of the
United States with remaining periods to
maturity comparable to the maturities of
such investments, except that the interest
rates on such investments shall not exceed
the average interest rate applicable to ex-
isting borrowings; and
‘‘(iii) interest earned on these obliga-
tions shall be credited to the Nuclear
Waste Fund.
‘‘(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
annual apportionment, under the provisions of
subchapter 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 appropria-
tions for that fiscal year pursuant to subsection (f) only
for purposes of the integrated management system.
‘‘(e) PROHIBITION OF USE OF APPROPRIATIONS AND
NUCLEAR WASTE FUND.—The Secretary shall not make
expenditures of funds collected pursuant to this section or
section 403 to design or construct packages for the trans-
portation, storage, or disposal of spent nuclear fuel from
civilian nuclear power reactors.
‘‘(f) BUDGET.—The Secretary shall submit the budg-
et for implementation of the Secretary’s responsibilities
under this Act to the Office of Management and Budget
annually along with the budget of the Department of En-
ergy submitted at such time in accordance with chapter
11 of title 31, United States Code. The budget shall con-
sist of the estimates made by the Secretary of expendi-
tures under this Act and other relevant financial matters
for the period up to the date of initial acceptance of spent
nuclear fuel or high-level radioactive waste at the perma-
nent repository, and shall be included in the budget of the
United States Government.
‘‘(g) APPROPRIATIONS.—The Secretary may make
expenditures from the Nuclear Waste Fund and the Nu-
clear Waste Offsetting Collection, subject to appropria-
tions, which shall remain available until expended.
‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN-
AGEMENT.
‘‘(a) CONTINUATION OF OFFICE OF CIVILIAN RADIO-
ACTIVE WASTE MANAGEMENT.—The Office of Civilian
Radioactive Waste Management established under section
304(a) of the Nuclear Waste Policy Act of 1982 as con-
stituted prior to the date of enactment of this Act, shall
continue in effect subsequent to the date of enactment of
this Act.
‘‘(b) FUNCTIONS OF DIRECTOR.—The Director of the
Office shall be responsible for carrying out the functions
of the Secretary under this Act, subject to the general su-
pervision of the Secretary. The Director of the Office shall
be directly responsible to the Secretary.
‘‘(c) AUDITS.—
‘‘(1) STANDARD.—The Office of Civilian Radio-
active Waste Management, its contractors, and sub-
contractors at all tiers, shall conduct, or have con-
ducted, audits and examinations of their operations
in accordance with the usual and customary prac-
tices of private corporations engaged in large nuclear
construction projects consistent with its role in the
program.
‘‘(2) TIME.—The management practices and
performances of the Office of Civilian Radioactive
Waste Management shall be audited every 5 years
by an independent management consulting firm with
significant experience in similar audits of private
corporations engaged in large nuclear construction
projects. The first such audit shall be conducted 5
years after the date of enactment of this Act.
‘‘(3) COMPTROLLER GENERAL.—The Comptrol-
ler General of the United States shall annually make
an audit of the Office, in accordance with such regu-
lations as the Comptroller General may prescribe.
The Comptroller General shall have access to such
books, records, accounts, and other materials of the
Office as the Comptroller General determines to be
necessary for the preparation of such audit. The
Comptroller General shall submit to the Congress a
report on the results of each audit conducted under
this section.
‘‘(4) TIME.—No audit contemplated by this
subsection shall take longer than 30 days to con-
duct. An audit report shall be issued in final form
no longer than 60 days after the audit is com-
menced.
‘‘(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 permanent disposal of spent nuclear fuel, high-
level radioactive waste from atomic energy defense activi-
ties, and spent nuclear fuel from foreign research reactors.
The share of costs allocable to the management of spent
nuclear fuel, high-level radioactive waste from atomic en-
ergy defense activities, and spent nuclear fuel from foreign
research reactors shall include—
‘‘(1) an appropriate portion of the costs associ-
ated with research and development activities with
respect 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 general revenues in amounts sufficient to pay the
costs of the management of materials described in sub-
section (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 for-
eign research reactors requiring management in the inte-
grated management system.
‘‘(d) AUTHORIZATION.—There is authorized to be ap-
propriated to the Secretary, from general revenues, for
carrying out the purposes of this Act, such sums as may
be necessary to pay the costs of the management of spent
nuclear fuel and high-level radioactive waste from atomic
energy 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 Energy Act of 1954 and this Act in implementing
the integrated 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
construed to constitute either an express or implied Fed-
eral 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 nec-
essary to carry out its responsibilities under this Act pur-
suant to the substantive and procedural requirements of
the State of Nevada. Nothing in this Act shall be con-
strued 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
JURISDIC-
TION.—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
Commission 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 as-
sessment made pursuant to the National Envi-
ronmental 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 state-
ment 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 compac-
tion, the transshipment of spent nuclear fuel to another
civilian nuclear power reactor within the same utility sys-
tem, the construction 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 parties. The oral argument shall be preceded
by such discovery procedures as the rules of the Commis-
sion shall provide. The Commission shall require each
party, including the Commission staff, to submit in writ-
ten form, at the time of the oral argument, a summary
of the facts, data, and arguments 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 sub-
mitted by the parties during oral argument, the Commis-
sion shall only consider those facts and data that are sub-
mitted in the form of sworn testimony or written submis-
sion.
‘‘(b) ADJUDICATORY HEARING.—
‘‘(1) DESIGNATION.—At the conclusion of any
oral argument under subsection (a), the Commission
shall designate any disputed question of fact, to-
gether with any remaining questions of law, for reso-
lution in an adjudicatory hearing only if it deter-
mines that—
‘‘(A) there is a genuine and substantial
dispute of fact which can only be resolved with
sufficient accuracy by the introduction of evi-
dence in an adjudicatory hearing; and
‘‘(B) the decision of the Commission is
likely to depend in whole or in part on the reso-
lution of such dispute.
‘‘(2) DETERMINATION.—In making a deter-
mination 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 hear-
ing 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, con-
struction, or operation of the facility or ac-
tivity for which such license application,
authorization, or amendment is being con-
sidered; 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 li-
censes, authorizations, or amendments to licenses or
authorizations, applied for under the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) before Decem-
ber 31, 2005.
‘‘(4) CONSTRUCTION.—The provisions of this
section shall not apply to the first application for a
license or license amendment received by the Com-
mission to expand onsite spent fuel storage capacity
by the use of a new technology not previously ap-
proved for use at any nuclear power plant by the
Commission.
‘‘(c) JUDICIAL REVIEW.—No court shall hold unlaw-
ful or set aside a decision of the Commission in any pro-
ceeding described in subsection (a) because of a failure
by the Commission to use a particular procedure pursuant
to this section unless—
‘‘(1) an objection to the procedure used was
presented to the Commission in a timely fashion or
there are extraordinary circumstances that excuse
the failure 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
President and to Congress on or after January 1, 2007,
but not later than January 1, 2010, on the need for a
second repository.
‘‘SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL
RADIOACTIVE WASTE SITE CLOSURE.
‘‘(a) FINANCIAL ARRANGEMENTS.—
‘‘(1) STANDARDS
AND
INSTRUCTIONS.—The
Commission 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 Commission 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 deter-
mined by the Commission) will be provided by a li-
censee to permit completion of all requirements es-
tablished by the Commission for the decontamina-
tion, decommissioning, site closure, and reclamation
of sites, structures, and equipment used in conjunc-
tion with such low-level radioactive waste. Such fi-
nancial arrangements shall be provided and ap-
proved by the Commission, or, in the case of sites
within the boundaries of any agreement State under
section 274 of the Atomic Energy Act of 1954 (42
U.S.C. 2021), by the appropriate State or State en-
tity, prior to issuance of licenses for low-level radio-
active waste disposal or, in the case of licenses in ef-
fect on January 7, 1983, prior to termination 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 para-
graph (1), the Commission shall ensure before termi-
nation of the license involved that the licensee has
made available such bonding, surety, or other finan-
cial arrangements as may be necessary to ensure
that any necessary long-term maintenance or mon-
itoring needed for such site will be carried out by
the person having title and custody for such site fol-
lowing license termination.
‘‘(b) TITLE AND CUSTODY.—
‘‘(1) AUTHORITY
OF
SECRETARY.—The Sec-
retary shall have authority to assume title and cus-
tody 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 termi-
nation of the license issued by the Commission for
such disposal, if the Commission determines that—
‘‘(A) the requirements of the Commission
for site closure, decommissioning, and decon-
tamination have been met by the licensee in-
volved and that such licensee is in compliance
with the provisions 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
environment.
‘‘(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 in-
volved, shall assume title and custody of such waste and
the land on which it is disposed when such site has been
decontaminated and stabilized in accordance with the re-
quirements established by the Commission and when such
owner has made adequate financial arrangements ap-
proved 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
applicants 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: