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‘‘(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—
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‘‘(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.
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‘‘(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
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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.—
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‘‘(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.
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‘‘(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-
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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.
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‘‘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
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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
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‘‘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.
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‘‘(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.—
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‘‘(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-
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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
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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
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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
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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).
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‘‘(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
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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;
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‘‘(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—
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‘‘(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
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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
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transmits the amounts appropriated for implementa-
tion of this Act to the Commission and the Nuclear
Waste Technical Review Board in appropriate pro-
portion to the collection of such funds.
‘‘(g) EFFECTIVE DATE.—This section shall take effect
October 1, 1998, and section 302 of the Nuclear Waste Pol-
icy Act of 1982 (42 U.S.C. 10222) shall continue in effect
until October 1, 1998.
‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN-
AGEMENT.
‘‘(a) CONTINUATION OF OFFICE OF CIVILIAN RADIO-
ACTIVE WASTE MANAGEMENT.—The Office of Civilian Ra-
dioactive Waste Management established under section
304(a) of the Nuclear Waste Policy Act of 1982 as con-
stituted 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 super-
vision of the Secretary. The Director of the Office shall be
directly responsible to the Secretary.
‘‘(c) AUDITS.—
‘‘(1) STANDARD.—The Office of Civilian Radio-
active Waste Management, its contractors, and sub-
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contractors at all tiers, shall conduct, or have con-
ducted, audits and examinations of their operations
in accordance with the usual and customary practices
of private corporations engaged in large nuclear con-
struction projects consistent with its role in the pro-
gram.
‘‘(2) TIME.—The management practices and per-
formances of the Office of Civilian Radioactive Waste
Management shall be audited every 5 years by an
independent management consulting firm with sig-
nificant experience in similar audits of private cor-
porations engaged in large nuclear construction
projects. The first such audit shall be conducted 5
years after the date of enactment of this Act.
‘‘(3) COMPTROLLER GENERAL.—The Comptroller
General of the United States shall annually make an
audit of the Office, in accordance with such regula-
tions as the Comptroller General may prescribe. The
Comptroller General shall have access to such books,
records, accounts, and other materials of the Office as
the Comptroller General determines to be necessary
for the preparation of such audit. The Comptroller
General shall submit to the Congress a report on the
results of each audit conducted under this section.
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‘‘(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
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‘‘(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).
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‘‘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
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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;
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‘‘(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
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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
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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—
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‘‘(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—
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‘‘(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
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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
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181 of the Atomic Energy Act of 1954 (42 U.S.C.
2231), such standards and instructions as the Com-
mission may deem necessary or desirable to ensure in
the case of each license for the disposal of low-level ra-
dioactive waste that an adequate bond, surety, or
other financial arrangement (as determined by the
Commission) will be provided by a licensee to permit
completion of all requirements established by the
Commission for the decontamination, 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
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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
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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-
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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
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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
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‘‘(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.
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‘‘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
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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
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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.
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‘‘SEC. 604. INVESTIGATORY POWERS.
‘‘(a) HEARINGS.—Upon request of the Chairman or a
majority of the members of the Board, the Board may hold
such hearings, sit and act at such times and places, take
such testimony, and receive such evidence, as the Board con-
siders appropriate. Any member of the Board may admin-
ister oaths or affirmations to witnesses appearing before the
Board.
‘‘(b) PRODUCTION OF DOCUMENTS.—
‘‘(1) RESPONSE
TO
INQUIRIES.—Upon the re-
quest of the Chairman or a majority of the members
of the Board, and subject to existing law, the Sec-
retary (or any contractor of the Secretary) shall pro-
vide the Board with such records, files, papers, data,
or information as may be necessary to respond to any
inquiry of the Board under this title.
‘‘(2) EXTENT.—Subject to existing law, informa-
tion obtainable under paragraph (1) shall not be lim-
ited to final work products of the Secretary, but shall
include drafts of such products and documentation of
work in progress.
‘‘SEC. 605. COMPENSATION OF MEMBERS.
‘‘(a) IN GENERAL.—Each member of the Board shall,
subject to appropriations, be paid at the rate of pay payable
for level III of the Executive Schedule for each day (includ-
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ing travel time) such member is engaged in the work of the
Board.
‘‘(b) TRAVEL EXPENSES.—Each member of the Board
may receive travel expenses, including per diem in lieu of
subsistence, in the same manner as is permitted under sec-
tions 5702 and 5703 of title 5, United States Code.
‘‘SEC. 606. STAFF.
‘‘(a) CLERICAL STAFF.—
‘‘(1) AUTHORITY
OF
CHAIRMAN.—Subject to
paragraph (2), the Chairman may, subject to appro-
priations, appoint and fix the compensation of such
clerical staff as may be necessary to discharge the re-
sponsibilities of the Board.
‘‘(2) PROVISIONS
OF
TITLE
5.—Clerical staff
shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and shall be paid in accordance
with the provisions of chapter 51 and subchapter III
of chapter 3 of such title relating to classification and
General Schedule pay rates.
‘‘(b) PROFESSIONAL STAFF.—
‘‘(1) AUTHORITY
OF
CHAIRMAN.—Subject to
paragraphs (2) and (3), the Chairman may, subject
to appropriations, appoint and fix the compensation
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of such professional staff as may be necessary to dis-
charge the responsibilities of the Board.
‘‘(2) NUMBER.—Not more than 10 professional
staff members may be appointed under this sub-
section.
‘‘(3) TITLE 5.—Professional staff members may
be appointed without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, and may be paid without regard
to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and
General Schedule pay rates, except that no individual
so appointed may receive pay in excess of the annual
rate of basic pay payable for GS–18 of the General
Schedule.
‘‘SEC. 607. SUPPORT SERVICES.
‘‘(a) GENERAL SERVICES.—To the extent permitted by
law and requested by the Chairman, the Administrator of
General Services shall provide the Board with necessary ad-
ministrative services, facilities, and support on a reimburs-
able basis.
‘‘(b) ACCOUNTING, RESEARCH, AND TECHNOLOGY AS-
SESSMENT SERVICES.—The Comptroller General, the Li-
brarian of Congress, and the Director of the Office of Tech-
nology Assessment shall, to the extent permitted by law and
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subject to the availability of funds, provide the Board with
such facilities, support, funds and services, including staff,
as may be necessary for the effective performance of the
functions of the Board.
‘‘(c) ADDITIONAL SUPPORT.—Upon the request of the
Chairman, the Board may secure directly from the head
of any department or agency of the United States informa-
tion necessary to enable it to carry out this title.
‘‘(d) MAILS.—The Board may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
‘‘(e) EXPERTS AND CONSULTANTS.—Subject to such
rules as may be prescribed by the Board, the Chairman
may, subject to appropriations, procure temporary and
intermittent services under section 3109(b) of title 5 of the
United States Code, but at rates for individuals not to ex-
ceed the daily equivalent of the maximum annual rate of
basic pay payable for GS–18 of the General Schedule.
‘‘SEC. 608. REPORT.
‘‘The Board shall report not less than 2 times per year
to Congress and the Secretary its findings, conclusions, and
recommendations.
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‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated for expendi-
tures such sums as may be necessary to carry out the provi-
sions of this title.
‘‘SEC. 610. TERMINATION OF THE BOARD.
‘‘The Board shall cease to exist not later than one year
after the date on which the Secretary begins disposal of
spent nuclear fuel or high-level radioactive waste in the re-
pository.
‘‘TITLE VII—MANAGEMENT
REFORM
‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES.
‘‘(a) IN GENERAL.—The Secretary is directed to take
actions as necessary to improve the management of the ci-
vilian radioactive waste management program to ensure
that the program is operated, to the maximum extent prac-
ticable, in like manner as a private business.
‘‘(b) SITE CHARACTERIZATION.—The Secretary shall
employ, on an on-going basis, integrated performance mod-
eling to identify appropriate parameters for the remaining
site characterization effort and to eliminate studies of pa-
rameters that are shown not to affect long-term repository
performance.
‘‘SEC. 702. REPORTING.
‘‘(a) INITIAL REPORT.—Within 180 days of the date
of enactment of this Act, the Secretary shall report to Con-
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gress on its planned actions for implementing the provi-
sions of this Act, including the development of the Inte-
grated Waste Management System. Such report shall in-
clude—
‘‘(1) an analysis of the Secretary’s progress in
meeting its statutory and contractual obligation to
accept title to, possession of, and delivery of spent nu-
clear fuel and high-level radioactive waste beginning
no later than January 31, 2002, and in accordance
with the acceptance schedule;
‘‘(2) a detailed schedule and timeline showing
each action that the Secretary intends to take to meet
the Secretary’s obligations under this Act and the
contracts;
‘‘(3) a detailed description of the Secretary’s con-
tingency plans in the event that the Secretary is un-
able to meet the planned schedule and timeline; and
‘‘(4) an analysis by the Secretary of its funding
needs for fiscal years 1996 through 2001.
‘‘(b) ANNUAL REPORTS.—On each anniversary of the
submittal of the report required by subsection (a), the Sec-
retary shall make annual reports to the Congress for the
purpose of updating the information contained in such re-
port. The annual reports shall be brief and shall notify the
Congress of—
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‘‘(1) any modifications to the Secretary’s sched-
ule and timeline for meeting its obligations under this
Act;
‘‘(2) the reasons for such modifications, and the
status of the implementation of any of the Secretary’s
contingency plans; and
‘‘(3) the Secretary’s analysis of its funding needs
for the ensuing 5 fiscal years.’’.
SEC. 2. CONTINUATION OF CONTRACTS.
Subsequent to the date of enactment of this Act, the
contracts executed under section 302(a) of the Nuclear
Waste Policy Act of 1982 shall continue in effect under this
Act in accordance with their terms except to the extent that
the contracts have been modified by the parties to the con-
tract.
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 ‘Nuclear 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
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‘‘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.
‘‘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.
‘‘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 authoriza-
tion.
‘‘Sec. 508. Acceptance schedule.
‘‘Sec. 509. Subseabed or ocean water disposal.
‘‘Sec. 510. Compensation.
‘‘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.
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‘‘SEC. 2. DEFINITIONS.
‘‘For purposes of this Act:
‘‘(1) ACCEPT, ACCEPTANCE.—The terms
‘accept’ and ‘acceptance’ mean the Sec-
retary’s act of taking possession of spent
nuclear fuel or high-level radioactive
waste.
‘‘(2) ACCEPTANCE SCHEDULE.—The term
‘acceptance schedule’ means the schedule
established by the Secretary under sec-
tion 508 for acceptance of spent nuclear
fuel and high-level radioactive waste.
‘‘(3) 
AFFECTED
INDIAN
TRIBE.—The
term ‘affected Indian tribe’ means an In-
dian tribe—
‘‘(A) whose reservation is sur-
rounded by or borders on an affected
unit of local government, or
‘‘(B) 
whose 
federally-defined
possessory or usage rights to other
lands outside of the border of the In-
dian tribe’s reservation arising out of
Congressionally-ratified treaties,
may be affected by the locating of an in-
terim storage facility or repository, if the
Secretary finds, upon petition of the ap-