•HR 1270 RH2
propriate government officials of the In-
dian tribe, that such affects are both sub-
stantial and adverse to the Indian tribe.
‘‘(4) AFFECTED UNIT OF LOCAL GOVERN-
MENT.—The term ‘affected unit of local
government’ means the unit of local gov-
ernment with jurisdiction over the site of
a repository or interim storage facility.
Such term may, at the discretion of the
Secretary, include other units of local
government that are contiguous with
such unit.
‘‘(5) ATOMIC
ENERGY
DEFENSE
ACTIV-
ITY.—The term ‘atomic energy defense ac-
tivity’ means any activity of the Secretary
performed in whole or in part in carrying
out any of the following functions:
‘‘(A) Naval reactors development.
‘‘(B) Weapons activities including
defense inertial confinement fusion.
‘‘(C) Verification and control tech-
nology.
‘‘(D) Defense nuclear materials
production.
•HR 1270 RH2
‘‘(E) Defense nuclear waste and
materials byproducts management.
‘‘(F) Defense nuclear materials se-
curity and safeguards and security
investigations.
‘‘(G) Defense research and devel-
opment.
‘‘(6) CIVILIAN
NUCLEAR
POWER
REAC-
TOR.—The term ‘civilian nuclear power
reactor’ means a civilian nuclear power
plant required to be licensed under sec-
tion 103 or 104 b. of the Atomic Energy
Act of 1954 (42 U.S.C. 2133, 2134(b)).
‘‘(7) COMMISSION.—The term ‘Commis-
sion’ means the Nuclear Regulatory Com-
mission.
‘‘(8) DEPARTMENT.—The term ‘Depart-
ment’ means the Department of Energy.
‘‘(9) DISPOSAL.—The term ‘disposal’
means the emplacement in a repository
of spent nuclear fuel, high-level radio-
active waste, or other highly radioactive
material with no foreseeable intent of re-
covery, whether or not such emplacement
•HR 1270 RH2
permits recovery of such material for any
future purpose.
‘‘(10) DISPOSAL SYSTEM.—The term ‘dis-
posal system’ means all natural barriers
and engineered barriers, and engineered
systems and components, that prevent
the release of radionuclides from the re-
pository.
‘‘(11) 
ENGINEERED
BARRIERS.—The
term ‘engineered barriers’ and ‘engi-
neered systems and components,’ means
man made components of a disposal sys-
tem. Such term includes the spent nu-
clear fuel or high-level radioactive waste
form, spent nuclear fuel package or high-
level radioactive waste, and other mate-
rials placed over and around such pack-
ages.
‘‘(12) 
HIGH-LEVEL
RADIOACTIVE
WASTE.—The term ‘high-level radioactive
waste’ means—
‘‘(A) the highly radioactive mate-
rial resulting from the reprocessing
of spent nuclear fuel, including liquid
waste produced directly in reprocess-
•HR 1270 RH2
ing and any solid material derived
from such liquid waste that contains
fission products in sufficient con-
centrations;
‘‘(B) the highly radioactive mate-
rial resulting from atomic energy de-
fense activities; and
‘‘(C) other highly radioactive ma-
terial that the Commission, consistent
with existing law, determines by rule
requires permanent isolation.
‘‘(13) 
FEDERAL
AGENCY.—The 
term
‘Federal agency’ means any Executive
agency, as defined in section 105 of title
5, United States Code.
‘‘(14) INDIAN TRIBE.—The term ‘Indian
tribe’ means any Indian tribe, band, na-
tion, or other organized group or commu-
nity of Indians recognized as eligible for
the services provided to Indians by the
Secretary of the Interior because of their
status as Indians including any Alaska
Native village, as defined in section 3(c)
of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(c)).
•HR 1270 RH2
‘‘(15) INTEGRATED
MANAGEMENT
SYS-
TEM.—The term ‘integrated management
system’ means the system developed by
the Secretary for the acceptance, trans-
portation, storage, and disposal of spent
nuclear fuel and high-level radioactive
waste.
‘‘(16) INTERIM STORAGE FACILITY.—The
term ‘interim storage facility’ means a fa-
cility designed and constructed for the
receipt, handling, possession, safeguard-
ing, and storage of spent nuclear fuel and
high-level radioactive waste in accord-
ance with title II of this Act.
‘‘(17) INTERIM STORAGE FACILITY SITE.—
The term ‘interim storage facility site’
means the specific site within Area 25 of
the Nevada Test Site that is designated
by the Secretary and withdrawn and re-
served in accordance with this Act for
the location of the interim storage facil-
ity.
‘‘(18) LOW-LEVEL RADIOACTIVE WASTE.—
The term ‘low-level radioactive waste’
means radioactive material that—
•HR 1270 RH2
‘‘(A) is not spent nuclear fuel,
high-level radioactive waste, trans-
uranic waste, or byproduct material
as defined in section 11 e.(2) of the
Atomic Energy Act of 1954 (42 U.S.C.
2014(e)(2)); and
‘‘(B) the Commission, consistent
with existing law, classifies as low-
level radioactive waste.
‘‘(19) 
METRIC
TONS
URANIUM.—The
terms ‘metric tons uranium’ and ‘MTU’
means the amount of uranium in the
original unirradiated fuel element wheth-
er or not the spent nuclear fuel has been
reprocessed.
‘‘(20) 
NUCLEAR
WASTE
FUND.—The
terms ‘Nuclear Waste Fund’ and ‘waste
fund’ mean the nuclear waste fund estab-
lished in the United States Treasury
prior to the date of enactment of this Act
under section 302(c) of the Nuclear Waste
Policy Act of 1982.
‘‘(21) OFFICE.—The term ‘Office’ means
the Office of Civilian Radioactive Waste
Management established within the De-
100
•HR 1270 RH2
partment prior to the date of enactment
of this Act under the provisions of the
Nuclear Waste Policy Act of 1982.
‘‘(22) PROGRAM
APPROACH.—The term
‘program approach’ means the Civilian
Radioactive Waste Management Program
Plan, dated May 1996, as modified by this
Act, and as amended from time to time by
the Secretary in accordance with this
Act.
‘‘(23) REPOSITORY.—The term ‘reposi-
tory’ means a system designed and con-
structed under title II of this Act for the
permanent geologic disposal of spent nu-
clear 
fuel 
and 
high-level 
radioactive
waste, including both surface and sub-
surface areas at which spent nuclear fuel
and high-level radioactive waste receipt, 
handling, possession, safeguarding, and
storage are conducted.
‘‘(24) 
SECRETARY.—The 
term 
‘Sec-
retary’ means the Secretary of Energy.
‘‘(25) 
SITE
CHARACTERIZATION.—The
term ‘site characterization’ means activi-
ties, whether in a laboratory or in the
101
•HR 1270 RH2
field, undertaken to establish the geo-
logic condition and the ranges of the pa-
rameters of a candidate site relevant to
the location of a repository, including
borings, surface excavations, excavations
of exploratory facilities, limited sub-
surface lateral excavations and borings,
and in situ testing needed to evaluate the
licensability of a candidate site for the lo-
cation of a repository, but not including
preliminary borings and geophysical test-
ing needed to assess whether site charac-
terization should be undertaken.
‘‘(26) SPENT NUCLEAR FUEL.—The term
‘spent nuclear fuel’ means fuel that has
been withdrawn from a nuclear reactor
following irradiation, the constituent ele-
ments of which have not been separated
by reprocessing.
‘‘(27) STORAGE.—The term ‘storage’
means retention of spent nuclear fuel or
high-level radioactive waste with the in-
tent to recover such waste or fuel for sub-
sequent use, processing, or disposal.
102
•HR 1270 RH2
‘‘(28) WITHDRAWAL.—The term ‘with-
drawal’ has the same definition as that
set forth in the Federal Land Policy and
Management Act (43 U.S.C. 1702 and fol-
lowing).
‘‘(29) YUCCA MOUNTAIN SITE.—The term
‘Yucca Mountain site’ means the area in
the State of Nevada that is withdrawn
and reserved in accordance with this Act
for the location of a repository.
‘‘SEC. 3. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) while spent nuclear fuel can be
safely stored at reactor sites, the expedi-
tious movement to and storage of such
spent nuclear fuel at a centralized Fed-
eral facility will enhance the nation’s en-
vironmental protection;
‘‘(2) while the Federal Government
has the responsibility to provide for the
centralized interim storage and perma-
nent disposal of spent nuclear fuel and
high-level radioactive waste to protect
the public health and safety and the envi-
ronment, the costs of such storage and
103
•HR 1270 RH2
disposal should be the responsibility of
the generators and owners of such waste
and fuel, including the Federal Govern-
ment;
‘‘(3) in the interests of protecting the
public health and safety, enhancing the
nation’s environmental protection, pro-
moting the nation’s energy security, and
ensuring the Secretary’s ability to com-
mence acceptance of spent nuclear fuel
and high-level radioactive waste no later
than January 31, 2000, it is necessary for
Congress to authorize the interim storage
facility;
‘‘(4) deficit-control measures designed
to limit appropriation of general reve-
nues have limited the availability of the
Nuclear Waste Fund for its intended pur-
poses; and
‘‘(5) the Federal Government has the
responsibility to provide for the perma-
nent disposal of waste generated from
United States atomic energy defense ac-
tivities.
104
•HR 1270 RH2
‘‘(b) PURPOSES.—The purposes of this Act
are—
‘‘(1) to direct the Secretary to develop
an integrated management system in ac-
cordance with this Act so that the De-
partment can accept spent nuclear fuel
or high-level radioactive waste for in-
terim storage commencing no later than
January 31, 2000, and for permanent dis-
posal at a repository commencing no
later than January 17, 2010;
‘‘(2) to provide for the siting, con-
struction, and operation of a repository
for permanent geologic disposal 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 en-
ergy, who are funding the Secretary’s ac-
tivities under this Act, receive the serv-
ices to which they are entitled and real-
ize the benefits of enhanced protection of
public health and safety, and the environ-
ment, that will ensue from the Secretary’s
105
•HR 1270 RH2
compliance with the obligations imposed
by this Act; and
‘‘(4) to provide a schedule and process
for the expeditious and safe development
and commencement of operation of an in-
tegrated management system and any
necessary modifications to the transpor-
tation infrastructure to ensure that the
Secretary can commence acceptance of
spent nuclear fuel and high-level radio-
active waste no later than January 31,
2000.
‘‘TITLE I—OBLIGATIONS
‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
‘‘(a) DISPOSAL.—The Secretary shall de-
velop and operate a repository for the perma-
nent geologic disposal of spent nuclear fuel
and high-level radioactive waste.
‘‘(b) ACCEPTANCE.—The Secretary shall ac-
cept spent nuclear fuel and high-level radio-
active waste for storage at the interim storage
facility pursuant to section 204 in accordance
with the acceptance schedule established
under section 508, beginning not later than
January 31, 2000.
106
•HR 1270 RH2
‘‘(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 inte-
grated management system, and in so doing
shall seek to utilize effective private sector
management and contracting practices in ac-
cordance with title VII of this Act.
‘‘TITLE II—INTEGRATED
MANAGEMENT SYSTEM
‘‘SEC. 201. INTERMODAL TRANSFER.
‘‘(a) BEFORE RAIL ACCESS.—Until such time
as direct rail access is available to the interim
storage facility site, the Secretary shall utilize
heavy-haul truck transport to move spent nu-
clear fuel and high-level radioactive waste
from the mainline rail line at Caliente, Ne-
vada, to the interim storage facility site.
‘‘(b) 
CAPABILITY
DATE.—The 
Secretary
shall develop the capability to commence rail
to truck intermodal transfer at Caliente, Ne-
vada, no later than January 31, 2000.
107
•HR 1270 RH2
‘‘(c) ACQUISITIONS.—The Secretary shall ac-
quire 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 dedi-
cate to, the City of Caliente, Nevada, parcels
of land and rights-of-way as required to facili-
tate replacement of land and city wastewater
disposal activities necessary to commence
intermodal transfer pursuant to this Act. Re-
placement of land and city wastewater dis-
posal activities shall occur no later than Jan-
uary 31, 2000.
‘‘(e) NOTICE AND MAP.—Within 6 months of
the date of enactment of this Act, the Sec-
retary 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 Ne-
vada, the Archivist of the United States,
108
•HR 1270 RH2
the Board of Lincoln County Commis-
sioners, the Board of Nye County Com-
missioners, and the Caliente City Coun-
cil.
Such map and legal description shall have the
same force and effect as if they were included
in this Act. The Secretary may correct clerical
and typographical errors and legal descrip-
tions and make minor adjustments in the
boundaries.
‘‘(f) IMPROVEMENTS.—The Secretary shall
make improvements to existing roadways se-
lected for heavy-haul truck transport between
Caliente, Nevada, and the interim storage fa-
cility site as necessary to facilitate year-round
safe transport of spent nuclear fuel and high-
level radioactive 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 ra-
dioactive waste shall be as designated in
the map (entitled ‘Heavy-Haul Route’ and
on file with the Secretary).
109
•HR 1270 RH2
‘‘(2) TRUCK TRANSPORTATION.—The Sec-
retary, in consultation with the State of
Nevada and appropriate counties and
local jurisdictions, shall establish reason-
able terms and conditions pursuant to
which the Secretary may utilize heavy-
haul truck transport to move spent nu-
clear 
fuel 
and 
high-level 
radioactive
waste from Caliente, Nevada, to the in-
terim storage facility site.
‘‘(3) 
IMPROVEMENTS
AND
MAINTE-
NANCE.—Notwithstanding any other law—
‘‘(A) the Secretary shall be re-
sponsible for any incremental costs
related to improving or upgrading
Federal, State, and local roads within
the heavy-haul transportation route
utilized, and performing any mainte-
nance 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, up-
grading, 
or 
maintenance 
activity
shall be funded solely by appropria-
110
•HR 1270 RH2
tions made pursuant to sections 401
and 403 of this Act.
‘‘(h) LOCAL GOVERNMENT INVOLVEMENT.—
The Commission shall enter into a Memoran-
dum of Understanding with the City of
Caliente and Lincoln County, Nevada, to pro-
vide advice to the Commission regarding
intermodal transfer and to facilitate on-site
representation.
‘‘(i) NATIONAL ENVIRONMENTAL POLICY ACT
OF 1969.—The Secretary’s activities in connec-
tion with the development of intermodal
transfer capability, and upgrading and im-
provements to, and maintenance of, the roads
within the heavy-haul transportation route
shall be considered preliminary decisionmak-
ing activities. Such activities shall not require
the preparation of an environmental impact
statement under section 102(2)(c) of the Na-
tional Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) or any environmental re-
view under subparagraph (E) or (F) of section
102(2) of such Act.
‘‘(j) 
REGULATION.—Notwithstanding 
any
other law, the Secretary’s movement of spent
111
•HR 1270 RH2
nuclear fuel and high-level radioactive waste
by heavy-haul transport route pursuant to
this subsection shall be subject to exclusive
regulation by the Secretary of Transportation
and the Commission in accordance with regu-
latory authority under the provisions of this
Act, chapter 51 of title 49, United States Code
(relating to the transportation of hazardous
materials), and the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.).
‘‘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 spent nuclear fuel
and high-level radioactive waste beginning
not later than January 31, 2000, and transport
such fuel or waste to mainline transportation
facilities. As soon as is practicable following
the enactment of this Act, the Secretary shall
analyze each specific reactor facility in the
order of priority established in the accept-
ance schedule under section 508, and develop
a logistical plan to assure the Secretary’s abil-
112
•HR 1270 RH2
ity to transport spent nuclear fuel and high-
level radioactive waste.
‘‘(b) TRANSPORTATION PLANNING.—In con-
junction 
with 
the 
development 
of 
the
logistical plan in accordance with subsection
(a), the Secretary shall update and modify, as
necessary, the Secretary’s transportation in-
stitutional plans to ensure that institutional
issues are addressed and resolved on a sched-
ule to support the commencement of trans-
portation of spent nuclear fuel and high-level
radioactive waste to the interim storage facil-
ity no later than January 31, 2000. Among
other things, such planning shall provide a
schedule and process for addressing and im-
plementing, 
as 
necessary, 
transportation
routing 
plans, 
transportation 
contracting
plans, transportation training in accordance
with section 203, and transportation tracking
programs.
‘‘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
113
•HR 1270 RH2
been certified for such purposes by the Com-
mission.
‘‘(b) STATE NOTIFICATION.—The Secretary
shall abide by regulations of the Commission
regarding advance notification of State and
local governments prior to transportation of
spent nuclear fuel or high-level radioactive
waste under this Act.
‘‘(c) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary shall
provide technical assistance and funds to
States, affected units of local government,
and Indian tribes through whose jurisdic-
tion the Secretary plans to transport sub-
stantial amounts of spent nuclear fuel or
high-level radioactive waste for training
for public safety officials of appropriate
units of local government. Training shall
cover procedures required for safe rou-
tine transportation of these materials, as
well as procedures for dealing with emer-
gency 
response 
situations. 
The 
Sec-
retary’s duty to provide technical and fi-
nancial assistance under this subsection
114
•HR 1270 RH2
shall be limited to amounts specified in
annual appropriations.
‘‘(2) MINIMIZING
DUPLICATION
OF
EF-
FORT
AND
EXPENSES.—The Secretaries of
Transportation, Labor, and Energy, Di-
rectors of the Federal Emergency Man-
agement Agency and National Institute of
Environmental Health Sciences, Chair-
man of the Nuclear Regulatory Commis-
sion, and Administrator of the Environ-
mental Protection Agency shall review
periodically, with the head of each de-
partment, agency, or instrumentality of
the Government, all emergency response
and preparedness training programs of
that department, agency, or instrumen-
tality to minimize duplication of effort
and expense of the department, agency,
or instrumentality in carrying out the
programs and shall take necessary action
to minimize duplication.
‘‘(d) USE OF PRIVATE CARRIERS.—The Sec-
retary, in providing for the transportation of
spent nuclear fuel and high level radioactive
waste under this Act, shall by contract use
115
•HR 1270 RH2
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 determina-
tion by the Secretary of Transportation, in
consultation with the Secretary, that private
industry is unable or unwilling to provide
such transportation services at a reasonable
cost.
‘‘(e) TRANSFER
OF TITLE.—Acceptance by
the Secretary of any spent nuclear fuel or
high-level radioactive waste shall constitute a
transfer of title to the Secretary.
‘‘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 accordance with the Commission’s
regulations governing the licensing of inde-
pendent spent fuel storage installations and
116
•HR 1270 RH2
shall commence operation in phases by Janu-
ary 31, 2000.
‘‘(b) DESIGN.—The design of the interim
storage facility shall provide for the use of
storage technologies licensed or certified by
the Commission for use at the interim storage
facility as necessary to ensure compatibility
between the interim storage facility and con-
tract holders’ spent nuclear fuel and facilities,
and to facilitate the Secretary’s ability to
meet the Secretary’s obligations under this
Act.
‘‘(c) LICENSING.—
‘‘(1) PHASES.—The interim storage fa-
cility shall be licensed by the Commission
in two phases in order to commence oper-
ations no later than January 31, 2000.
‘‘(2) FIRST
PHASE.—No later than 12
months after the date of enactment of
this Act, the Secretary shall submit to the
Commission an application for a license
for the first phase of the interim storage
facility. The license issued for the first
phase of the interim storage facility shall
have a term of 20 years. The interim stor-
117
•HR 1270 RH2
age facility licensed in the first phase
shall have a capacity of not more than
10,000 MTU. The Commission shall issue
a final decision granting or denying the
application for the first phase license no
later than 16 months from the date of the
submittal of the application for such li-
cense.
‘‘(3) SECOND
PHASE.—Upon the issu-
ance of the license for the first phase of
the interim storage facility under para-
graph (2), the Secretary shall submit to
the Commission an application for a li-
cense for the second phase interim stor-
age facility. The license for the second
phase facility shall authorize a storage
capacity of 40,000 MTU. The license for
the second phase shall have an initial
term of up to 100 years, and shall be re-
newable for additional terms upon appli-
cation of the Secretary.
‘‘(d) ADDITIONAL AUTHORITY.—
‘‘(1) CONSTRUCTION.—For the purpose
of complying with subsection (a), the Sec-
retary may commence site preparation
118
•HR 1270 RH2
for the interim storage facility as soon as
practicable after the date of enactment of
this Act and shall commence construction
of the first phase of the interim storage
facility subsequent to submittal of the li-
cense application except that the Com-
mission shall issue an order suspending
such construction at any time if the Com-
mission determines that such construc-
tion poses an unreasonable risk to public
health and safety or the environment.
The Commission shall terminate all or
part of such order upon a determination
that the Secretary has taken appropriate
action to eliminate such risk.
‘‘(2) FACILITY
USE.—Notwithstanding
any otherwise applicable licensing re-
quirement, the Secretary may utilize any
facility owned by the Federal Govern-
ment on the date of enactment of this Act
and within the boundaries of the interim
storage facility site, in connection with
an 
imminent 
and 
substantial
endangerment to public health and safety
at the interim storage facility prior to
119
•HR 1270 RH2
commencement of operations during the
second phase.
‘‘(3) ACCEPTANCE OF FUEL AND WASTE.—
‘‘(A) GENERAL RULE.—In each year,
once the Secretary has achieved the
annual acceptance rate for spent nu-
clear fuel from civilian nuclear power
reactors established pursuant to the
contracts executed under the Nuclear
Waste Policy Act of 1982 (as set forth
in the Secretary’s annual capacity re-
port dated March 1995 (DOE/RW–
0457)), the Secretary—
‘‘(i) may, additionally, accept
spent nuclear fuel or high-level
radioactive waste of domestic ori-
gin from civilian nuclear power
reactors which have permanently
ceased operation; and
‘‘(ii) except as provided in
subparagraph (B), shall accept at
least 25 percent of the difference
between such annual acceptance
rate and the annual rate under
the acceptance schedule estab-
120
•HR 1270 RH2
lished under section 508 for spent
nuclear fuel from civilian power
reactors of—
‘‘(I) 
spent 
nuclear 
fuel
from foreign research reac-
tors; and
‘‘(II) spent nuclear fuel
from naval reactors and high-
level radioactive waste from
atomic energy defense activi-
ties.
‘‘(B) EXCEPTION.—If the annual
rate under the acceptance schedule
established under section 508 is not
achieved, the acceptance rate of the
Secretary of the materials described
in subclauses (I) and (II) of subpara-
graph (A)(ii) shall be the greater of
the acceptance rate prescribed by
subparagraph (A) and calculated on
the basis of the amount of spent nu-
clear fuel and high-level radioactive
waste actually received or 5 percent
of the total amount of spent nuclear
121
•HR 1270 RH2
fuel and high-level radioactive waste
actually accepted.
‘‘(e) NATIONAL ENVIRONMENTAL POLICY ACT
OF 1969.—
‘‘(1) PRELIMINARY DECISIONMAKING AC-
TIVITIES.—The Secretary’s activities under
this section, including the selection of a
site for the interim storage facility, the
preparation and submittal of any license
application, and the construction and op-
eration of any facility shall be considered
preliminary decisionmaking activities for
purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
No such activity shall require the prepa-
ration of an environmental impact state-
ment under section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)) or require any envi-
ronmental review under subparagraph
(E) or (F) of such Act.
‘‘(2) ENVIRONMENTAL
IMPACT
STATE-
MENT.—
‘‘(A) FINAL DECISION.—A final deci-
sion of the Commission to grant or
122
•HR 1270 RH2
deny a license application for the
first or second phase of the interim
storage facility shall be accompanied
by an Environmental Impact State-
ment 
prepared 
under 
section
102(2)(C) of the National Environ-
mental Policy Act of 1969 (42 U.S.C.
4332(2)(C)). In preparing such Envi-
ronmental 
Impact 
Statement, 
the
Commission—
‘‘(i) shall assume that 40,000
MTU will be stored at the facility;
‘‘(ii) shall analyze the impacts
of the transportation of spent nu-
clear fuel and high-level radio-
active waste to the interim stor-
age facility in a generic manner;
and
‘‘(iii) shall consider the results
of the study by the National Acad-
emy of Sciences on the migration
of plutonium at the Nevada test
site.
123
•HR 1270 RH2
‘‘(B) CONSIDERATIONS.—Such Envi-
ronmental Impact Statement shall not
consider—
‘‘(i) the need for the interim
storage facility, including any in-
dividual component thereof;
‘‘(ii) the time of the initial
availability of the interim storage
facility;
‘‘(iii) any alternatives to the
storage of spent nuclear fuel and
high-level radioactive waste at
the interim storage facility;
‘‘(iv) any alternatives to the
site of the facility as designated
by the Secretary in accordance
with subsection (a);
‘‘(v) any alternatives to the de-
sign criteria for such facility or
any individual component there-
of, as specified by the Secretary
in the license application; or
‘‘(vi) the environmental im-
pacts of the storage of spent nu-
clear fuel and high-level radio-
124
•HR 1270 RH2
active waste at the interim stor-
age facility beyond the initial
term of the license or the term of
the renewal period for which a li-
cense 
renewal 
application 
is
made.
‘‘(f) JUDICIAL REVIEW.—Judicial review of
the 
Commission’s 
environmental 
impact
statement under the National 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 jurisdiction to enjoin the construc-
tion or operation of the interim storage facil-
ity prior to its final decision on review of the
Commission’s licensing action.
‘‘(g) WASTE CONFIDENCE.—The Secretary’s
obligation to construct and operate the in-
terim storage facility in accordance with this
section and the Secretary’s obligation to de-
velop an integrated management system in
accordance with the provisions of this Act,
shall provide sufficient and independent
grounds for any further findings by the Com-
mission of reasonable assurance that spent
125
•HR 1270 RH2
nuclear fuel and high-level radioactive waste
will be disposed of safely and on a timely
basis for purposes of the Commission’s deci-
sion to grant or amend any license to operate
any civilian nuclear power reactor under the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.).
‘‘(h) SAVINGS CLAUSE.—Nothing in this Act
shall affect 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 Nu-
clear Waste Policy Act of 1982, as in effect
prior to the enactment of the Nuclear Waste
Policy Act of 1997. The establishment of such
procedures shall not preclude the licensing,
under any applicable procedures or rules of
the Commission in effect prior to such estab-
lishment, of any technology for the storage of
civilian spent nuclear fuel at the site of any
civilian nuclear power reactor.
‘‘SEC. 205. PERMANENT DISPOSAL.
‘‘(a) SITE CHARACTERIZATION.—
126
•HR 1270 RH2
‘‘(1) GUIDELINES.—The guidelines pro-
mulgated by the Secretary and published
at 10 CFR part 960 are annulled and re-
voked and the Secretary 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
ACTIVI-
TIES.—The Secretary shall carry out ap-
propriate site characterization 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 charac-
terization activities designed to dem-
onstrate the suitability of the site under
the guidelines referenced in paragraph
(1).
‘‘(3) DATE.—No later than December
31, 2002, the Secretary shall apply to the
Commission for authorization to con-
struct a repository that will commence
operations no later than January 17,
2010. If, at any time prior to the filing of
127
•HR 1270 RH2
such application, the Secretary deter-
mines that the Yucca Mountain site can-
not satisfy the Commission’s regulations
applicable to the licensing of a geologic
repository, the Secretary shall terminate
site characterization 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
determination further actions, including
the enactment of legislation, that may be
needed to manage the Nation’s spent nu-
clear 
fuel 
and 
high-level 
radioactive
waste.
‘‘(4) MAXIMIZING
CAPACITY.—In devel-
oping an application for authorization to
construct the repository, the Secretary
shall seek to maximize the capacity of the
repository.
‘‘(b) LICENSING.—Within one year of the
date of enactment of this Act, the Commission
shall amend its regulations governing the dis-
posal of spent nuclear fuel and high-level ra-
dioactive waste in geologic repositories to the
128
•HR 1270 RH2
extent necessary to comply with this Act. Sub-
ject to subsection (c), such regulations shall
provide for the licensing of the repository ac-
cording to the following procedures:
‘‘(1) CONSTRUCTION
AUTHORIZATION.—
The Commission shall grant the Sec-
retary 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 reposi-
tory—
‘‘(A) in conformity with the Sec-
retary’s application, the provisions of
this Act, and the regulations of the
Commission;
‘‘(B) without unreasonable risk to
the health and safety of the public;
and
‘‘(C) consistent with the common
defense and security.
‘‘(2) LICENSE.—Following substantial
completion of construction and the filing
of any additional information needed to
complete the license application, the
129
•HR 1270 RH2
Commission shall issue a license to dis-
pose of spent nuclear fuel and high-level
radioactive waste in the repository if the
Commission determines that the reposi-
tory has been constructed and will oper-
ate—
‘‘(A) in conformity with the Sec-
retary’s application, the provisions of
this Act, and the regulations of the
Commission;
‘‘(B) without unreasonable risk to
the health and safety of the public;
and
‘‘(C) consistent with the common
defense and security.
‘‘(3) CLOSURE.—After emplacing spent
nuclear fuel and high-level radioactive
waste in the repository and collecting
sufficient confirmatory data on reposi-
tory performance to reasonably confirm
the basis for repository closure consist-
ent with the Commission’s regulations
applicable to the licensing of a reposi-
tory, as modified in accordance with this
Act, the Secretary shall apply to the Com-
130
•HR 1270 RH2
mission to amend the license to permit
permanent closure of the repository. The
Commission shall grant such license
amendment upon finding that there is
reasonable assurance that the repository
can be permanently closed—
‘‘(A) in conformity with the Sec-
retary’s application to amend the li-
cense, the provisions of this Act, and
the regulations of the Commission;
‘‘(B) without unreasonable risk to
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 subse-
quent to repository closure that poses an
unreasonable risk of—
‘‘(A) breaching the repository’s
engineered or geologic barriers: or
‘‘(B) increasing the exposure of in-
dividual members of the public to ra-
131
•HR 1270 RH2
diation beyond the release standard
established in subsection (d)(1).
‘‘(c) MODIFICATION OF REPOSITORY LICENS-
ING PROCEDURE.—The Commission’s regula-
tions shall provide for the modification of the
repository licensing procedure, as appro-
priate, in the event that the Secretary seeks
a license to permit the emplacement in the re-
pository, on a retrievable basis, of only that
quantity of spent nuclear fuel or high-level ra-
dioactive waste that is necessary to provide
the Secretary with sufficient confirmatory
data on repository performance to reasonably
confirm the basis for repository closure con-
sistent with applicable regulations.
‘‘(d) 
LICENSING
STANDARDS.—Notwith-
standing any other provision of law, the Ad-
ministrator of the Environmental Protection
Agency shall not promulgate, by rule or other-
wise, standards for protection of the public
from releases of radioactive materials or ra-
dioactivity 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 Com-
132
•HR 1270 RH2
mission’s repository licensing determinations
for the protection of the public shall be based
solely on a finding whether the repository can
be operated in conformance with the overall
system performance standard established in
paragraph (1)(A) and applied in accordance
with the provisions of paragraph (1)(B). The
Commission shall amend its regulations in ac-
cordance with subsection (b) to incorporate
each of the following licensing standards:
‘‘(1) RELEASE STANDARD.—
‘‘(A) ESTABLISHMENT
OF
OVERALL
SYSTEM PERFORMANCE STANDARD.—The
standard for protection of the public
from release of radioactive material
or radioactivity from the repository
shall prohibit releases that would ex-
pose an average member of the gen-
eral population in the vicinity of the
Yucca Mountain site to an annual
dose in excess of 100 millirems unless
the Commission determines by rule
that such standard would constitute
an unreasonable risk to health and
safety and establishes by rule another
133
•HR 1270 RH2
standard which will protect health
and safety. Such standard shall con-
stitute an overall system performance
standard.
‘‘(B) APPLICATION OF OVERALL SYS-
TEM
PERFORMANCE
STANDARD.—The
Commission shall issue the license if
it finds reasonable assurance that—
‘‘(i) for the first 1,000 years
following the commencement of
repository operations, the overall
system performance standard will
be met based on a deterministic
or probabilistic evaluation of the
overall performance of the dis-
posal system; and
‘‘(ii) for the period commenc-
ing after the first 1,000 years of
operation of the repository and
terminating at 10,000 years after
the commencement of operation
of the repository, there is likely to
be compliance with the overall
system 
performance 
standard
based 
on 
regulatory 
insight
134
•HR 1270 RH2
gained through the use of a prob-
abilistic integrated performance
model that uses best estimate as-
sumptions, data, and methods.
‘‘(2) HUMAN INTRUSION.—The Commis-
sion shall assume that, following reposi-
tory closure, the inclusion of engineered
barriers and the Secretary’s post-closure
actions at the Yucca Mountain site, in ac-
cordance with subsection (b)(3), shall be
sufficient to—
‘‘(A) prevent any human activity
at the site that poses an unreasonable
risk of breaching the repository’s en-
gineered or geologic barriers; and
‘‘(B) prevent any increase in the
exposure of individual members of
the public to radiation beyond allow-
able limits as specified in paragraph
(1).
‘‘(e) 
NATIONAL
ENVIRONMENTAL
POLICY
ACT.—
‘‘(1) SUBMISSION OF STATEMENT.—Con-
struction and operation of the repository
shall be considered a major Federal ac-
135
•HR 1270 RH2
tion 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 Sec-
retary shall submit an environmental im-
pact statement on the construction and
operation of the repository to the Com-
mission with the application for con-
struction authorization.
‘‘(2) CONSIDERATIONS.—For purposes
of complying with the requirements of
the National Environmental Policy Act of
1969 and this section, the Secretary shall
not consider in the environmental impact
statement the need for the repository, al-
ternative sites or designs for the reposi-
tory, the time of the initial availability of
the repository, or any alternatives to the
isolation of spent nuclear fuel and high-
level radioactive waste in a repository.
‘‘(3) ADOPTION
BY
COMMISSION.—The
Secretary’s environmental impact state-
ment and any supplements thereto shall,
to the extent practicable, be adopted by
the Commission in connection with the
136
•HR 1270 RH2
issuance by the Commission of a con-
struction authorization under subsection
(b)(1), a license under subsection (b)(2),
or a license amendment under subsection
(b)(3). To the extent such statement or
supplement is adopted by the Commis-
sion, such adoption shall be deemed to
also satisfy the responsibilities of the
Commission under the National Environ-
mental Policy Act of 1969, and no further
consideration shall be required, except
that nothing in this subsection shall af-
fect any independent responsibilities of
the Commission to protect the public
health and safety under the Atomic En-
ergy Act of 1954 (42 U.S.C. 2011 et seq.).
In any such statement prepared with re-
spect 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 
nongeologic 
alter-
natives to such site.
‘‘(f) JUDICIAL REVIEW.—No court shall have
jurisdiction to enjoin issuance of the Commis-
137
•HR 1270 RH2
sion repository licensing regulations prior to
its final decision on review of such regula-
tions.
‘‘SEC. 206. LAND WITHDRAWAL.
‘‘(a) WITHDRAWAL AND RESERVATION.—
‘‘(1) WITHDRAWAL.—Subject to valid
existing rights, the interim storage facil-
ity site and the Yucca Mountain site, as
described in subsection (b), are with-
drawn from all forms of entry, appropria-
tion, and disposal under the public land
laws, including the mineral leasing laws,
the geothermal leasing laws, the material
sale laws, and the mining laws. With-
drawal under this paragraph shall expire
at the beginning of the year 2012 if the
interim storage facility site is not used in
accordance with section 204(c)(2) and
other provisions of this Act. After the ex-
piration of the withdrawal, the sites will
return to the Federal agency which had
jurisdiction over them before the with-
drawal and for the purposes previously
used.
138
•HR 1270 RH2
‘‘(2) 
JURISDICTION.—Jurisdiction 
of
any land within the interim storage facil-
ity site and the Yucca Mountain site man-
aged by the Secretary of the Interior or
any other Federal officer is transferred
to the Secretary.
‘‘(3) RESERVATION.—The interim stor-
age facility site and the Yucca Mountain
site are reserved for the use of the Sec-
retary for the construction and oper-
ation, 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 de-
picted on the map entitled ‘Interim Stor-
age Facility Site Withdrawal Map,’ dated
July 28, 1995, and on file with the Sec-
retary, are established as the boundaries
of the Interim Storage Facility site.
‘‘(2) BOUNDARIES.—The boundaries de-
picted on the map entitled ‘Yucca Moun-
tain Site Withdrawal Map,’ dated July 28,
1995, and on file with the Secretary, are
139
•HR 1270 RH2
established as the boundaries of the
Yucca Mountain site.
‘‘(3) 
NOTICE
AND
MAPS.—Within 
months of the date of enactment of this
Act, the Secretary shall—
‘‘(A) publish in the Federal Reg-
ister a notice containing a legal de-
scription of the interim storage facil-
ity site; and
‘‘(B) file copies of the maps de-
scribed in paragraph (1), and the
legal description of the interim stor-
age facility site with the Congress,
the Secretary of the Interior, the Gov-
ernor of Nevada, and the Archivist of
the United States.
‘‘(4) NOTICE
AND
MAPS.—Concurrent
with the Secretary’s application to the
Commission for authority to construct
the repository, the Secretary shall—
‘‘(A) publish in the Federal Reg-
ister a notice containing a legal de-
scription of the Yucca Mountain site;
and
140
•HR 1270 RH2
‘‘(B) file copies of the maps de-
scribed in paragraph (2), and the
legal description of the Yucca Moun-
tain site with the Congress, the Sec-
retary of the Interior, the Governor of
Nevada, and the Archivist of the Unit-
ed States.
‘‘(5) CONSTRUCTION.—The maps and
legal descriptions 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 clerical and typographical errors
in the maps and legal descriptions and
make minor adjustments in the bound-
aries of the sites.
‘‘TITLE III—LOCAL RELATIONS
‘‘SEC. 301. ON-SITE REPRESENTATIVE.
The Secretary shall offer to Nye County,
Nevada, an opportunity to designate a rep-
resentative to conduct on-site oversight ac-
tivities at such site. Reasonable expenses of
such representatives shall be paid by the Sec-
retary.
141
•HR 1270 RH2
‘‘SEC. 302. BENEFITS AGREEMENTS.
‘‘(a) IN GENERAL.—
‘‘(1) SEPARATE AGREEMENTS.—The Sec-
retary shall offer to enter into separate
agreements with Nye County, Nevada,
and Lincoln County, Nevada, concerning
the integrated management system.
‘‘(2) AGREEMENT CONTENT.—Any agree-
ment shall contain such terms and condi-
tions, including such financial and insti-
tutional arrangements, as the Secretary
and agreement entity determine to be
reasonable and appropriate and shall
contain such provisions as are necessary
to preserve any right to participation 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 consent of the parties to
the amendment and terminated only in ac-
cordance 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.
142
•HR 1270 RH2
‘‘(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 shall
make payments to the party of a benefits
agreement under section 302(a) in ac-
cordance 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 section, the term—
‘‘(A) ‘spent fuel’ means high-level
radioactive waste or spent nuclear
fuel; and
‘‘(B) ‘first spent fuel receipt’ does
not include receipt of spent fuel or
high-level radioactive waste for pur-
143
•HR 1270 RH2
poses of testing or operational dem-
onstration.
‘‘(3) ANNUAL
PAYMENTS.—Annual pay-
ments 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 anniversary date of such execution.
Annual payments 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
payment 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 pay-
ment under line (A) of the benefit sched-
ule for each full month less than 6 that
has not elapsed since the last annual pay-
144
•HR 1270 RH2
ment under line (A) of the benefit sched-
ule.
‘‘(b) 
CONTENTS.—A 
benefits 
agreement
under section 302 shall provide that—
‘‘(1) the parties to the agreement shall
share with one another information rel-
evant to the licensing process for the in-
terim storage facility or repository, as it
becomes available; and
‘‘(2) the affected unit of local govern-
ment that is party to such agreement may
comment on the development of the inte-
grated management system and on docu-
ments required under law or regulations
governing 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 constitute a commit-
ment 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
145
•HR 1270 RH2
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 provi-
sion of such Constitution or laws to the con-
trary notwithstanding.
‘‘(b) 
ARGUMENTS.—Neither 
the 
United
States nor any other entity may assert any ar-
gument based on legal or equitable estoppel,
or acquiescence, or waiver, or consensual in-
volvement, in response to any decision by the
State of Nevada, to oppose the siting in Ne-
vada of the interim storage facility or reposi-
tory premised upon or related to the accept-
ance or use of benefits under this title.
‘‘(c) LIABILITY.—No liability of any nature
shall accrue to be asserted against the State
of Nevada, its Governor, any official thereof,
or any official of any governmental 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 sec-
tion 303 may be used—
146
•HR 1270 RH2
‘‘(1) directly or indirectly to influence
legislative action on any matter pending
before Congress or a State legislature or
for any lobbying activity as provided in
section 1913 of title 18, United States
Code;
‘‘(2) for litigation purposes; and
‘‘(3) to support multistate efforts or
other coalition-building activities incon-
sistent with the purposes of this Act.
‘‘SEC. 306. INITIAL LAND CONVEYANCES.
‘‘(a) CONVEYANCE OF PUBLIC LANDS.—With-
in 120 days of the date of enactment of this
Act, the Secretary of the Interior, or other
agency with jurisdiction over the public lands
described in subsection (b), shall convey the
public lands described 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 Lincoln, or
the City of Caliente under this subsection that
147
•HR 1270 RH2
are subject to a Federal grazing permit or a
similar federally granted privilege shall be
conveyed between 60 and 120 days of the ear-
liest time the Federal agency administering
or granting the privilege would be able to le-
gally terminate such privilege under the stat-
utes and regulations existing at the date of
enactment of this Act, unless the Federal
agency, county or city, and the affected hold-
er of the privilege negotiate an agreement
that allows for an earlier conveyance.
‘‘(b) SPECIAL
CONVEYANCES.—Subject to
valid existing rights and notwithstanding any
other law, the Secretary 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 Indus-
trial Park Site
Map 2: Proposed Lathrop Wells
(Gate 510) Industrial Park Site
Map 3: Pahrump Landfill Sites
148
•HR 1270 RH2
Map 4: Amargosa Valley Regional
Landfill Site
Map 5: Amargosa Valley Munici-
pal Landfill 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, Ne-
vada, the following public lands depicted
on the maps dated October 11, 1995, and
on file with the Secretary:
Map 2: Lincoln County, Parcel M,
Industrial 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 Expan-
sion Sites
Map 5: Lincoln County, Parcels J
and K, Mixed Use, Airport and Land-
fill Expansion Sites
149
•HR 1270 RH2
Map 6: Lincoln County, Parcels E
and L, Mixed Use, Airport and Indus-
trial Expansion Sites.
‘‘(3) To the City of Caliente, Nevada,
the following 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,
Industrial Park Site, jointly with Lin-
coln County.
‘‘(c) NATIONAL ENVIRONMENTAL POLICY ACT
OF 1969.—The activities of the Secretary and
the head of any other Federal agency in con-
nection with subsections (a) and (b) shall be
considered preliminary decision making ac-
tivities. No such activity shall require the
preparation of an environmental impact
statement under section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) or any environmental re-