IB
Union Calendar No. 152
104TH CONGRESS
1ST SESSION
H. R. 1020
[Report No. 104–254, Part 1]
To amend the Nuclear Waste Policy Act of 1982.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1995
Mr. UPTON (for himself, Mr. TOWNS, Mr. BILIRAKIS, Mr. MANTON, Mr.
STEARNS, Mr. HALL of Texas, Mr. NORWOOD, Mr. GORDON, Mr. BURR,
Mrs. THURMAN, Mr. HASTERT, Mr. GILLMOR, Mr. MOORHEAD, Mr. GRA-
HAM, and Mr. FRANKS of Connecticut) introduced the following bill;
which was referred to the Committee on Commerce and, in addition, to
the Committees on Resources, Transportation and Infrastructure, and the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
SEPTEMBER 20, 1995
Reported from the Committee on Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
SEPTEMBER 20, 1995
Referral to the Committees on Resources and Budget extended for a period
ending not later than October 20, 1995
SEPTEMBER 20, 1995
The Committee on Transportation and Infrastructure discharged
OCTOBER 19, 1995
Referral to the Committees on Resources and the Budget extended for a
period ending not later than October 24, 1995
OCTOBER 24, 1995
Additional sponsors: Mr. WELLER, Mrs. COLLINS of Illinois, Mr. EWING, Mr.
PETERSON of Minnesota, Mr. BARCIA, Mr. CONYERS, Mr. SPRATT, Mr.
FAWELL, Mr. PETERSON of Florida, Mr. CANADY of Florida, Mr. POR-
TER, Mr. HYDE, Mr. STUPAK, Mrs. FOWLER, Mr. GUNDERSON, Mr.
ROHRABACHER, Mr. KNOLLENBERG, Mr. CRAPO, Mr. BALLENGER, Mr.
FRELINGHUYSEN, Mr. JEFFERSON, Mr. MINGE, Mr. HUTCHINSON, Mr.
SCARBOROUGH, Mr. BACHUS, Mr. CHRYSLER, Mr. COBLE, Mr. FOLEY,
Mr. COLLINS of Georgia, Mr. LAHOOD, Mr. CLYBURN, Mr. PICKETT, Mr.
EHLERS, Mr. FOGLIETTA, Mr. ZELIFF, Mr. CALLAHAN, Mr. SENSEN-
BRENNER, Mr. FUNDERBURK, Mrs. MYRICK, Mr. HEINEMAN, Mr. FOX
of Pennsylvania, Mr. SPENCE, Mr. BORSKI, Mr. LATOURETTE, Mr.
RUSH, Mr. KLINK, Ms. ROS-LEHTINEN, Mr. HILLIARD, Mr. LIPINSKI,
Ms. BROWN of Florida, Mr. TAUZIN, Mr. MCCRERY, Mr. CAMP, Mr.
BAKER of Louisiana, Mr. WELDON of Florida, Mr. HEFNER, Mr. BISH-
OP, Mr. PAYNE of Virginia, Mr. TAYLOR of North Carolina, Mr. BLUTE,
Mr. LINDER, Mr. FRISA, Mr. EVERETT, Mr. ROTH, Mr. DEAL of Geor-
gia, Mr. KINGSTON, Ms. RIVERS, Mr. CRAMER, Mr. HAYES, Mr. MONT-
GOMERY, Mr. SISISKY, Mr. SAXTON, Mr. HOLDEN, Mr. KING, Mr. LAZIO
of New York, Mr. JONES, Mr. CHAPMAN, Mr. STUMP, Mr. TRAFICANT,
Mr. BURTON of Indiana, Mr. ROSE, Mr. SOLOMON, Mrs. MEYERS of
Kansas, Mr. MCCOLLUM, Mr. ROGERS, Mr. OXLEY, Mr. TORKILDSEN,
Mr. GOODLATTE, Mr. BARTLETT of Maryland, Mrs. JOHNSON of Con-
necticut, Mr. CREMEANS, Mr. GUTKNECHT, Mr. MCHALE, Mr. PETRI,
Mr. QUILLEN, Mr. GUTIERREZ, Mr. BUNNING of Kentucky, Mr. YOUNG
of Florida, Mr. MANZULLO, Mr. RAHALL, Mr. MCINTOSH, Mr. ROBERTS,
Mr. SKEEN, Mr. DUNCAN, Mr. BARTON of Texas, Mrs. CLAYTON, Mr.
CLINGER, Mr. FLANAGAN, Mr. DEUTSCH, Mr. PACKARD, Miss COLLINS
of Michigan, Mr. BROWDER, Mr. POSHARD, Ms. PRYCE, Mr. LAUGHLIN,
Mr. TALENT, Mr. KLUG, Mr. COSTELLO, Mr. WELDON of Pennsylvania,
Mr. PAXON, Mr. GALLEGLY, Mr. POMEROY, Mrs. LINCOLN, Mr. ACKER-
MAN, Mr. GOSS, Mr. MCHUGH, Mr. CHAMBLISS, Mr. BOUCHER, Mr.
HASTINGS of Florida, Mr. MARTINI, Mr. COOLEY, Mr. GEKAS, Mr.
SMITH of New Jersey, Mr. MFUME, Mr. BONIOR, Mr. KILDEE, Mr.
LOBIONDO, Mr. MICA, Mr. FATTAH, Mr. CRANE, Mr. SHAW, Mr. EHR-
LICH, Mr. KANJORSKI, Mr. FROST, Mr. WICKER, Mr. TAYLOR of Mis-
sissippi, Mr. NETHERCUTT, Mr. GREENWOOD, Mrs. MEEK of Florida,
Mr. BRYANT of Tennessee, Mr. LEACH, Mr. BALDACCI, Mr. BARR of
Georgia, Mr. ALLARD, Mr. WATT of North Carolina, Mr. STOCKMAN, Mr.
WALSH, Mr. RAMSTAD, Mr. JOHNSON of South Dakota, Mr. DAVIS, Mr.
STENHOLM, Mr. BROWNBACK, Mr. PARKER, Mr. FLAKE, Mr. SCOTT, Mr.
LATHAM, Mr. SAM JOHNSON of Texas, Mr. ROYCE, Mr. WAMP, Mr.
HOKE, Mr. BATEMAN, and Mr. HASTINGS of Washington
OCTOBER 24, 1995
The Committees on Resources and the Budget discharged from further consid-
eration; committed to the Committee of the Whole House on the State
of the Union, and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on February 23, 1995]
A BILL
To amend the Nuclear Waste Policy Act of 1982.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT OF NUCLEAR WASTE POLICY ACT
OF 1982.
The Nuclear Waste Policy Act of 1982 is amended to
read as follows:
‘‘SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Nu-
clear Waste Policy Act of 1995’.
‘‘(b) TABLE OF CONTENTS.—
‘‘Sec. 1. Short title and table of contents.
‘‘Sec. 2. Definitions.
‘‘Sec. 3. Findings and purposes.
‘‘TITLE I—OBLIGATIONS
‘‘Sec. 101. Obligations of the Secretary of Energy.
‘‘TITLE II—INTEGRATED MANAGEMENT SYSTEM
‘‘Sec. 201. Railroad.
‘‘Sec. 202. Transportation planning.
‘‘Sec. 203. Transportation requirements.
‘‘Sec. 204. Interim storage.
‘‘Sec. 205. Permanent disposal.
‘‘Sec. 206. Land withdrawal.
‘‘Sec. 207. Private storage facilities.
‘‘TITLE III—STATE AND LOCAL RELATIONS
‘‘Sec. 301. Financial assistance.
‘‘Sec. 302. State consultation.
‘‘Sec. 303. Benefits agreements.
‘‘Sec. 304. Content of agreements.
‘‘Sec. 305. Review panel.
‘‘Sec. 306. Consideration in siting facilities.
‘‘Sec. 307. Acceptance of benefits.
‘‘Sec. 308. Restriction on use of funds.
‘‘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. Effect on water rights.
‘‘Sec. 503. Judicial review of agency actions.
‘‘Sec. 504. Licensing of facility expansions and transshipments.
‘‘Sec. 505. Siting a second repository.
‘‘Sec. 506. Financial arrangements for low-level radioactive waste site closure.
‘‘Sec. 507. Nuclear Regulatory Commission training authorization.
‘‘Sec. 508. Acceptance schedule.
‘‘Sec. 509. Subseabed or ocean water disposal.
‘‘TITLE VI—NUCLEAR WASTE TECHNICAL REVIEW BOARD
‘‘Sec. 601. Definitions.
‘‘Sec. 602. Nuclear Waste Technical Review Board.
‘‘Sec. 603. Functions.
‘‘Sec. 604. Investigatory powers.
‘‘Sec. 605. Compensation of members.
‘‘Sec. 606. Staff.
‘‘Sec. 607. Support services.
‘‘Sec. 608. Report.
‘‘Sec. 609. Authorization of appropriations.
‘‘Sec. 610. Termination of the Board.
‘‘TITLE VII—MANAGEMENT REFORM
‘‘Sec. 701. Management reform initiatives.
‘‘Sec. 702. Reporting.
‘‘SEC. 2. DEFINITIONS.
‘‘For purposes of this Act:
‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘accept’
and ‘acceptance’ mean the Secretary’s act of taking
possession of spent nuclear fuel or high-level radio-
active waste.
‘‘(2) ACCEPTANCE
SCHEDULE.—The term ‘ac-
ceptance schedule’ means the schedule established by
the Secretary for acceptance of spent nuclear fuel and
high-level radioactive waste.
‘‘(3) AFFECTED INDIAN TRIBE.—The term ‘af-
fected Indian tribe’ means any Indian tribe—
‘‘(A) within whose reservation boundaries
the interim storage facility or a repository for
spent nuclear fuel or high-level radioactive waste,
or both, is proposed to be located; or
‘‘(B) whose federally defined possessory or
usage rights to other lands outside of the reserva-
tion’s boundaries arising out of congressionally
ratified treaties may be substantially and ad-
versely affected by the locating of such a facility
if the Secretary of the Interior finds, upon the
petition of the appropriate governmental officials
of the tribe, that such effects are both substantial
and adverse to the tribe.
‘‘(4) AFFECTED UNIT OF LOCAL GOVERNMENT.—
The term ‘affected unit of local government’ means the
unit of local government with jurisdiction over the
site of a repository or interim storage facility. Such
term may, at the discretion of the Secretary, include
other units of local government that are contiguous
with such unit.
‘‘(5) ATOMIC ENERGY DEFENSE ACTIVITY.—The
term ‘atomic energy defense activity’ means any ac-
tivity of the Secretary performed in whole or in part
in carrying out any of the following functions:
‘‘(A) Naval reactors development.
‘‘(B) Weapons activities including defense
inertial confinement fusion.
‘‘(C) Verification and control technology.
‘‘(D) Defense nuclear materials production.
‘‘(E) Defense nuclear waste and materials
byproducts management.
‘‘(F) Defense nuclear materials security and
safeguards and security investigations.
‘‘(G) Defense research and development.
‘‘(6) CIVILIAN NUCLEAR POWER REACTOR.—The
term ‘civilian nuclear power reactor’ means a civilian
nuclear power plant required to be licensed under sec-
tion 103 or 104 b. of the Atomic Energy Act of 1954
(42 U.S.C. 2133, 2134(b)).
‘‘(7) 
COMMISSION.—The 
term 
‘Commission’
means the Nuclear Regulatory Commission.
‘‘(8) DEPARTMENT.— The term ‘Department’
means the Department of Energy.
‘‘(9) DISPOSAL.—The term ‘disposal’ means the
emplacement in a repository of spent nuclear fuel,
high-level radioactive waste, or other highly radio-
active material with no foreseeable intent of recovery,
whether or not such emplacement permits recovery of
such material for any future purpose.
‘‘(10) DISPOSAL
SYSTEM.—The term ‘disposal
system’ means all natural barriers and engineered
barriers, and engineered systems and components,
that prevent the release of radionuclides from the re-
pository.
‘‘(11) ENGINEERED BARRIERS.—The term ‘engi-
neered barriers’ and ‘engineered systems and compo-
nents,’ means man made components of a disposal
system. Such term includes the spent nuclear fuel or
high-level radioactive waste form, spent nuclear fuel
package or high-level radioactive waste, and other
materials placed over and around such packages.
‘‘(12) HIGH-LEVEL
RADIOACTIVE
WASTE.—The
term ‘high-level radioactive waste’ means—
‘‘(A) the highly radioactive material result-
ing from the reprocessing of spent nuclear fuel,
including liquid waste produced directly in re-
processing and any solid material derived from
such liquid waste that contains fission products
in sufficient concentrations; and
‘‘(B) other highly radioactive material that
the Commission, consistent with existing law, de-
termines 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, nation, or other orga-
nized group or community of Indians recognized as
eligible for the services provided to Indians by the
Secretary of the Interior because of their status as In-
dians including any Alaska Native village, as defined
in section 3(c) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602(c)).
‘‘(15) INTEGRATED MANAGEMENT SYSTEM.—The
term ‘integrated management system’ means the sys-
tem developed by the Secretary for the acceptance,
transportation, storage, and disposal of spent nuclear
fuel and high-level radioactive waste.
‘‘(16) INTERIM
STORAGE
FACILITY.—The term
‘interim storage facility’ means a facility designed
and constructed for the receipt, handling, possession,
safeguarding, and storage of spent nuclear fuel and
high-level radioactive waste in accordance with title
II of this Act.
‘‘(17) INTERIM
STORAGE
FACILITY
SITE.—The
term ‘interim storage facility site’ means the specific
site within Area 25 of the Nevada Test Site that is
designated by the Secretary and withdrawn and re-
served in accordance with this Act for the location of
the interim storage facility.
‘‘(18) LOW-LEVEL
RADIOACTIVE
WASTE.—The
term ‘low-level radioactive waste’ means radioactive
material that—
‘‘(A) is not spent nuclear fuel, high-level ra-
dioactive waste, transuranic waste, or byproduct
material as defined in section 11 e.(2) of the
Atomic 
Energy 
Act 
of 
1954 
(42 
U.S.C.
2014(e)(2)); and
‘‘(B) the Commission, consistent with exist-
ing law, classifies as low-level radioactive waste.
‘‘(19) METRIC TONS URANIUM.—The terms ‘met-
ric tons uranium’ and ‘MTU’ means the amount of
uranium in the original unirradiated fuel element
whether or not the spent nuclear fuel has been reproc-
essed.
‘‘(20) NUCLEAR WASTE FUND.—The terms ‘Nu-
clear Waste Fund’ and ‘waste fund’ mean the nuclear
waste fund established in the United States Treasury
prior to the date of enactment of this Act under sec-
tion 302(c) of the Nuclear Waste Policy Act of 1982.
‘‘(21) OFFICE.—The term ‘Office’ means the Of-
fice of Civilian Radioactive Waste Management estab-
lished within the Department prior to the date of en-
actment of this Act under the provisions of the Nu-
clear Waste Policy Act of 1982.
‘‘(22) PROGRAM APPROACH.—The term ‘program
approach’ means the Civilian Radioactive Waste
Management Program Plan, dated December 19,
1994, as modified by this Act, and as amended from
time to time by the Secretary in accordance with this
Act.
‘‘(23) 
REPOSITORY.—The 
term 
‘repository’
means a system designed and constructed under title
II of this Act for the permanent geologic disposal of
spent nuclear fuel and high-level radioactive waste,
including both surface and subsurface areas at which
spent nuclear fuel and high-level radioactive waste re-
ceipt, handling, possession, safeguarding, and storage
are conducted.
‘‘(24) SECRETARY.—The term ‘Secretary’ means
the Secretary of Energy.
‘‘(25) SITE CHARACTERIZATION.—The term ‘site
characterization’ means activities, whether in a lab-
oratory or in the field, undertaken to establish the
geologic condition and the ranges of the parameters of
a candidate site relevant to the location of a reposi-
tory, including borings, surface excavations, exca-
vations of exploratory facilities, limited subsurface
lateral excavations and borings, and in situ testing
needed to evaluate the licensability of a candidate site
for the location of a repository, but not including pre-
liminary borings and geophysical testing needed to
assess whether site characterization should be under-
taken.
‘‘(26) SPENT NUCLEAR FUEL.—The term ‘spent
nuclear fuel’ means fuel that has been withdrawn
from a nuclear reactor following irradiation, the con-
stituent elements of which have not been separated by
reprocessing.
‘‘(27) STORAGE.—The term ‘storage’ means re-
tention of spent nuclear fuel or high-level radioactive
waste with the intent to recover such waste or fuel for
subsequent use, processing, or disposal.
‘‘(28) WITHDRAWAL.—The term ‘withdrawal’ has
the same definition as that set forth in the Federal
Land Policy and Management Act (43 U.S.C. 1702
and following).
‘‘(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 expeditious movement to and stor-
age of such spent nuclear fuel at a centralized Federal
facility will enhance the nation’s environmental pro-
tection;
‘‘(2) while the Federal Government has the re-
sponsibility to provide for the centralized interim
storage and permanent disposal of spent nuclear fuel
and high-level radioactive waste to protect the public
health and safety and the environment, the costs of
such storage and disposal should be the responsibility
of the generators and owners of such waste and fuel,
including the Federal Government;
‘‘(3) in the interests of protecting the public
health and safety, enhancing the nation’s environ-
mental protection, promoting the nation’s energy se-
curity, and ensuring the Secretary’s ability to com-
mence acceptance of spent nuclear fuel and high-level
radioactive waste no later than January 31, 1998, it
is necessary for Congress to authorize the interim
storage facility; and
‘‘(4) deficit-control measures designed to limit
appropriation of general revenues have limited the
availability of the Nuclear Waste Fund for its in-
tended purposes.
‘‘(b) PURPOSES.—The purposes of this Act are—
‘‘(1) to direct the Secretary to develop an inte-
grated management system in accordance with this
Act so that the Department can accept spent nuclear
fuel or high-level radioactive waste for interim storage
commencing no later than January 31, 1998, and for
permanent disposal at a repository commencing no
later than January 17, 2010;
‘‘(2) to provide for the siting, construction, and
operation of a repository for permanent geologic dis-
posal of spent nuclear fuel and high-level radioactive
waste in order to adequately protect the public and
the environment;
‘‘(3) to take those actions necessary to ensure
that the consumers of nuclear energy, who are fund-
ing the Secretary’s activities under this Act, receive
the services to which they are entitled and realize the
benefits of enhanced protection of public health and
safety, and the environment, that will ensue from the
Secretary’s compliance with the obligations imposed
by this Act; and
‘‘(4) to provide a schedule and process for the ex-
peditious and safe development and commencement of
operation of an integrated management system and
any necessary modifications to the transportation in-
frastructure to ensure that the Secretary can com-
mence acceptance of spent nuclear fuel and high-level
radioactive waste no later than January 31, 1998.
‘‘TITLE I—OBLIGATIONS
‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.
‘‘(a) DISPOSAL.—The Secretary shall develop and op-
erate a repository for the permanent geologic disposal of
spent nuclear fuel and high-level radioactive waste.
‘‘(b) ACCEPTANCE.—The Secretary shall accept spent
nuclear fuel and high-level radioactive waste for storage at
the interim storage facility pursuant to section 204 in ac-
cordance with the acceptance schedule, beginning not later
than January 31, 1998.
‘‘(c) TRANSPORTATION.—The Secretary shall provide
for the transportation of spent nuclear fuel and high-level
radioactive waste accepted by the Secretary.
‘‘(d) INTEGRATED MANAGEMENT SYSTEM.—The Sec-
retary shall expeditiously pursue the development of each
component of the integrated management system, and in
so doing shall seek to utilize effective private sector manage-
ment and contracting practices in accordance with title VII
of this Act.
‘‘TITLE II—INTEGRATED
MANAGEMENT SYSTEM
‘‘SEC. 201. RAILROAD.
‘‘(a) AUTHORIZATION.—The Secretary shall develop
and commence operation of a rail spur originating in Lin-
coln County, Nevada, and terminating at the interim stor-
age facility site. The Secretary shall acquire rights-of-way
within the corridor designated in subsection (b) as provided
in this section and shall construct and operate, or cause
to be constructed and operated, a railroad and such facili-
ties as are required to transport spent nuclear fuel and
high-level radioactive waste from existing rail systems to
the interim storage facility and the repository.
‘‘(b) ROUTE DESIGNATION.—
‘‘(1) RIGHTS-OF-WAY AND FACILITIES.—The Sec-
retary shall acquire such rights-of-way and develop
such facilities within the corridor (referred to as the
‘Caliente Route’) depicted on the map dated July 28,
1995 and on file with the Secretary.
‘‘(2) RECOMMENDATIONS.—The Secretary shall
consider specific alignment proposals for the Caliente
Route made by the State of Nevada and the units of
local government within whose jurisdiction passes
such route.
‘‘(3) NOTICE
AND
DESCRIPTION.—Within 6
months of the date of enactment of this Act, the Sec-
retary shall—
‘‘(A) publish in the Federal Register a no-
tice containing a legal description of the cor-
ridor; and
‘‘(B) file copies of the map referred to in
paragraph (1) and the legal description of the
corridor with the Congress, the Secretary of the
Interior, the Governor of Nevada, the Board of
Lincoln County Commissioners, the Board of
Nye County Commissioners, and the Archivist of
the United States.
‘‘(4) CONSTRUCTION.—The map and legal de-
scription referred to in paragraph (2) shall have the
same force and effect as if they were included in this
Act. The Secretary may correct clerical and typo-
graphical errors in the map and legal description and
make minor adjustments in the boundaries of the cor-
ridor.
‘‘(c) WITHDRAWAL AND RESERVATION.—
‘‘(1) PUBLIC LANDS.—Subject to valid existing
rights, the public lands depicted on such map are
withdrawn from all forms of entry, appropriation,
and disposal under the public land laws, including
the mineral leasing laws, the geothermal laws, the
material sale laws, and the mining laws.
‘‘(2) ADMINISTRATIVE JURISDICTION.—Adminis-
trative jurisdiction of such land is transferred from
the Secretary of the Interior to the Secretary.
‘‘(3) RESERVATION.—Such lands are reserved for
the use of the Secretary for the construction and oper-
ation of such transportation facilities and associated
activities under this title.
‘‘(4) MEMORANDUM
OF
UNDERSTANDING.—The
Secretary may also enter into a Memorandum of Un-
derstanding with the head of any other department
having administrative jurisdiction over other Federal
lands used for purposes of the corridor referred to in
this section.
‘‘(d) NATIONAL ENVIRONMENTAL POLICY ACT.—
‘‘(1) PRELIMINARY
DECISIONMAKING
ACTIVI-
TIES.—The Secretary’s activities in connection with
the designation of a route and the acquisition of
rights-of-way under this section shall be considered
preliminary decisionmaking activities for purposes of
the National Environmental Policy Act of 1969. Such
activities shall not require the preparation of an envi-
ronmental 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 subparagraph (E) or (F) of section 102(2) of
such Act, and shall not be delayed pending completion
of the environmental impact statement required under
paragraph (2).
‘‘(2) TRANSPORTATION
FACILITIES.—Construc-
tion and operation of transportation facilities within
the corridor shall constitute a major Federal action
significantly affecting the quality of the human envi-
ronment for purposes of the National Environmental
Policy Act of 1969. The Secretary shall prepare an
environmental impact statement on the construction
and operation of such facilities prior to commence-
ment of construction. In preparing such statement,
the Secretary shall adopt, to the extent practicable,
relevant environmental reports that have been devel-
oped by other Federal and State agencies.
‘‘(3) CONSIDERATIONS.—For purposes of comply-
ing with the requirements of the National Environ-
mental Policy Act of 1969 and this section, the Sec-
retary need not consider the need for the development
or improvement of transportation facilities, the tim-
ing of the initial availability of the transportation fa-
cilities, alternative routes, or alternative means of
transportation.
‘‘(e) CONSTRUCTION.—Notwithstanding any State or
Federal statute, regulation or orders to the contrary, or the
pendency of any judicial proceeding, the Secretary shall be
authorized to commence construction of transportation fa-
cilities upon compliance with the requirements of sub-
sections (a) through (d). No court shall have jurisdiction
to enjoin the construction of the transportation facilities au-
thorized by this section except upon its entry of a final
order that the construction is not in accord with the provi-
sions of applicable law.
‘‘(f) EXEMPTION.—Neither the Secretary nor any per-
son constructing or operating railroad facilities under con-
tract with the Secretary under this section shall be consid-
ered a rail carrier within the meaning of section 10102(22)
of title 49, United States Code, and shall not be subject to
the jurisdiction of the Interstate Commerce Commission.
‘‘(g) INTERMODAL TRANSFER.—
‘‘(1) BEFORE 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 nuclear fuel and high-level
radioactive waste from the mainline rail line at
Caliente, Nevada, to the interim storage facility site.
‘‘(2) CAPABILITY DATE.—The Secretary shall de-
velop the capability to commence rail to truck inter-
modal transfer at Caliente, Nevada, no later than
January 31, 1998.
‘‘(3) ACQUISITIONS.—The Secretary shall acquire
lands and rights-of-way necessary to commence inter-
modal transfer at Caliente, Nevada.
‘‘(4) REPLACEMENTS.—The Secretary shall ac-
quire and develop on behalf of, and dedicate to, the
City of Caliente, Nevada, parcels of land and rights-
of-way as required to facilitate replacement of land
and city wastewater disposal activities necessary to
commence intermodal transfer pursuant to this Act.
Replacement of land and city wastewater disposal ac-
tivities shall occur no later than January 31, 1998.
‘‘(5) NOTICE AND MAP.—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 sites
and rights-of-way to be acquired under this sub-
section; and
‘‘(B) file copies of a map of such sites and
rights-of-way with the Congress, the Secretary of
the Interior, the State of Nevada, the Archivist
of the United States, the Board of Lincoln Coun-
ty Commissioners, the Board of Nye County
Commissioners, and the Caliente City Council.
Such map and legal description shall have the same
force and effect as if they were included in this Act.
The Secretary may correct clerical and typographical
errors and legal descriptions and make minor adjust-
ments in the boundaries.
‘‘(6) IMPROVEMENTS.—The Secretary shall make
improvements to existing roadways selected for heavy-
haul truck transport between Caliente, Nevada, and
the interim storage facility site as necessary to facili-
tate year-round safe transport of spent nuclear fuel
and high-level radioactive waste.
‘‘(h) LOCAL GOVERNMENT INVOLVEMENT.—The Com-
mission shall enter into a Memorandum of Understanding
with the City of Caliente and Lincoln County, Nevada, to
provide advice to the Commission regarding intermodal
transfer and to facilitate on-site representation. Reasonable
expenses of such representation shall be paid by the Sec-
retary.
‘‘SEC. 202. TRANSPORTATION PLANNING.
‘‘(a) TRANSPORTATION READINESS.—The Secretary
shall take those actions that are necessary and appropriate
to ensure that the Secretary is able to accept spent nuclear
fuel and high-level radioactive waste beginning not later
than January 31, 1998, and transport such fuel or waste
to mainline transportation facilities. As soon as is prac-
ticable following the enactment of this Act, the Secretary
shall analyze each specific reactor facility in the order of
priority established in the acceptance schedule, and develop
a logistical plan to assure the Secretary’s ability to trans-
port spent nuclear fuel and high-level radioactive waste.
‘‘(b) TRANSPORTATION PLANNING.—In conjunction
with the development of the logistical plan in accordance
with subsection (a), the Secretary shall update and modify,
as necessary, the Secretary’s transportation institutional
plans to ensure that institutional issues are addressed and
resolved on a schedule to support the commencement of
transportation of spent nuclear fuel and high-level radio-
active waste to the interim storage facility no later than
January 31, 1998. Among other things, such planning shall
provide a schedule and process for addressing and imple-
menting, as necessary, transportation routing plans, trans-
portation contracting plans, transportation training in ac-
cordance with section 203, and transportation tracking pro-
grams.
‘‘SEC. 203. TRANSPORTATION REQUIREMENTS.
‘‘(a) PACKAGE CERTIFICATION.—No spent nuclear fuel
or high-level radioactive waste may be transported by or
for the Secretary under this Act except in packages that
have been certified for such purposes by the Commission.
‘‘(b) STATE NOTIFICATION.—The Secretary shall abide
by regulations of the Commission regarding advance notifi-
cation of State and local governments prior to transpor-
tation of spent nuclear fuel or high-level radioactive waste
under this Act.
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall
provide technical assistance and funds to States, affected
units of local government, and Indian tribes through whose
jurisdiction the Secretary plans to transport substantial
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 routine transportation of these materials,
as well as procedures for dealing with emergency response
situations. The Secretary’s duty to provide technical and
financial assistance under this subsection shall be limited
to amounts specified in annual appropriations.
‘‘(d) USE OF PRIVATE CARRIERS.—The Secretary, in
providing for the transportation of spent nuclear fuel and
high level radioactive waste under this Act, shall utilize by
contract private industry to the fullest extent possible in
each aspect of such transportation. The Secretary shall use
direct Federal services for such transportation only upon
a determination by the Secretary of Transportation, in con-
sultation with the Secretary, that private industry is un-
able or unwilling to provide such transportation services
at a reasonable cost.
‘‘(e) TRANSFER OF TITLE.—Acceptance by the Sec-
retary of any spent nuclear fuel or high-level radioactive
waste shall constitute a transfer of title to the Secretary.
‘‘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. The in-
terim storage facility shall be subject to licensing pursuant
to the Atomic Energy Act of 1954 in accordance with the
Commission’s regulations governing the licensing of inde-
pendent spent fuel storage installations and shall commence
operation in phases by January 31, 1998. The interim stor-
age facility shall be designed to store spent nuclear fuel from
civilian nuclear power reactors until the Secretary is able
to transfer the spent fuel to the repository.
‘‘(b) DESIGN.—The design of the interim storage facil-
ity shall provide for the use of storage technologies licensed
or certified by the Commission for use at the interim storage
facility as necessary to ensure compatibility between the in-
terim storage facility and contract holders’ spent nuclear
fuel and facilities, and to facilitate the Secretary’s ability
to meet the Secretary’s obligations under this Act.
‘‘(c) LICENSING.—
‘‘(1) PHASES.—The interim storage facility shall
be licensed by the Commission in two phases in order
to commence operations no later than January 31,
1998.
‘‘(2) FIRST PHASE.—No later than 12 months
after the date of enactment of the Nuclear Waste Pol-
icy Act of 1995, the Secretary shall submit to the
Commission an application for a license for the first
phase of the interim storage facility. The license is-
sued for the first phase of the interim storage facility
shall have a term of 20 years. The interim storage fa-
cility 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 appli-
cation for the first phase license no later than 16
months from the date of the submittal of the applica-
tion for such license.
‘‘(3) SECOND PHASE.—The Secretary shall sub-
mit to the Commission an application for a license
for the second phase interim storage facility. The li-
cense for the second phase facility shall authorize a
storage capacity of 40,000 MTU. The license for the
second phase shall have an initial term of up to 100
years, and shall be renewable for additional terms
upon application of the Secretary.
‘‘(d) ADDITIONAL AUTHORITY.—
‘‘(1) CONSTRUCTION.—For the purpose of com-
plying with subsection (a), the Secretary may com-
mence site preparation for the interim storage facility
as soon as practicable after the date of enactment of
the Nuclear Waste Policy Act of 1995 and shall com-
mence construction of the first phase of the interim
storage facility subsequent to submittal of the license
application except that the Commission shall issue an
order suspending such construction at any time if the
Commission determines that such construction poses
an unreasonable risk to public health and safety or
the environment. The Commission shall terminate all
or part of such order upon a determination that the
Secretary has taken appropriate action to eliminate
such risk.
‘‘(2) FACILITY USE.—Notwithstanding any oth-
erwise applicable licensing requirement, the Secretary
may utilize any facility owned by the Federal Gov-
ernment on the date of enactment of the Nuclear
Waste Policy Act of 1995 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 commencement of operations during the second
phase.
‘‘(3) ACCEPTANCE OF FUEL AND WASTE.—Once
the Secretary has achieved the spent nuclear fuel ac-
ceptance rate provided by the schedule for contracts
executed prior to the date of enactment of Nuclear
Waste Policy Act of 1995 under section 302(a) of the
Nuclear Waste Policy Act of 1982 the Secretary may
accept—
‘‘(A) spent nuclear fuel or high-level radio-
active waste of domestic origin from civilian nu-
clear power reactors which have permanently
ceased operation; and
‘‘(B) spent nuclear fuel from foreign re-
search reactors, as necessary to promote non-
proliferation objectives.
‘‘(e) NATIONAL
ENVIRONMENTAL
POLICY
ACT
OF
1969.—
‘‘(1) PRELIMINARY
DECISIONMAKING
ACTIVI-
TIES.—The Secretary’s activities under this section,
including the selection of a site for the interim storage
facility, the preparation and submittal of any license
application, and the construction and operation of
any facility shall be considered preliminary decision-
making activities for purposes of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.). No such activity shall require the preparation
of an environmental impact statement under section
102(2)(C) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332(2)(C)) or require any envi-
ronmental review under subparagraph (E) or (F) of
such Act.
‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—
‘‘(A) FINAL DECISION.—A final decision of
the Commission to grant or deny a license appli-
cation for the first or second phase of the interim
storage facility shall be accompanied by an En-
vironmental Impact Statement prepared under
section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)). In
preparing such Environmental Impact State-
ment, the Commission—
‘‘(i) shall assume that 40,000 MTU
will be stored at the facility; and
‘‘(ii) shall analyze the impacts of the
transportation of spent nuclear fuel and
high-level radioactive waste to the interim
storage facility in a generic manner.
‘‘(B) 
CONSIDERATIONS.—Such 
Environ-
mental Impact Statement shall not consider—
‘‘(i) the need for the interim storage fa-
cility, including any individual component
thereof;
‘‘(ii) the time of the initial availability
of the interim storage facility;
‘‘(iii) any alternatives to the storage of
spent nuclear fuel and high-level radioactive
waste at the interim storage facility;
‘‘(iv) any alternatives to the site of the
facility as designated by the Secretary in
accordance with subsection (a);
‘‘(v) any alternatives to the design cri-
teria for such facility or any individual
component thereof, as specified by the Sec-
retary in the license application; or
‘‘(vi) the environmental impacts of the
storage of spent nuclear fuel and high-level
radioactive waste at the interim storage fa-
cility beyond the initial term of the license
or the term of the renewal period for which
a license renewal application is made.
‘‘(f) JUDICIAL REVIEW.—Judicial review of the Com-
mission’s environmental impact statement under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) shall be consolidated with judicial review of the
Commission’s licensing decision. No court shall have juris-
diction to enjoin the construction or operation of the in-
terim storage facility prior to its final decision on review
of the Commission’s licensing action.
‘‘(g) WASTE CONFIDENCE.—The Secretary’s obligation
to construct and operate the interim storage facility in ac-
cordance with this section and the Secretary’s obligation to
develop an integrated management system in accordance
with the provisions of this Act, shall provide sufficient and
independent grounds for any further findings by the Com-
mission of reasonable assurance that spent nuclear fuel and
high-level radioactive waste will be disposed of safely and
on a timely basis for purposes of the Commission’s decision
to grant or amend any license to operate any civilian nu-
clear power reactor under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.).
‘‘(h) STORAGE OF DEFENSE MATERIAL.—
‘‘(1) CRITERIA.—The Commission shall establish
criteria for the issuance of an amendment to the in-
terim storage facility license authorizing storage of
spent nuclear fuel or high-level radioactive waste from
atomic energy defense activities in the interim storage
facility. The Secretary shall seek a license amendment
to allow for the storage of spent nuclear fuel or high-
level radioactive waste from atomic energy defense ac-
tivities at the interim storage facility.
‘‘(2) ACCEPTANCE OF OTHER FUEL.—When the
Secretary has achieved the spent nuclear fuel accept-
ance rate provided by the schedule for contracts exe-
cuted under section 302(a) of the Nuclear Waste Pol-
icy Act of 1982 before the date of enactment of the
Nuclear Waste Policy Act of 1995, the Secretary may
accept spent nuclear fuel or high-level radioactive
waste resulting from atomic energy defense activities.
‘‘(i) SAVINGS CLAUSE.—Nothing in this Act shall af-
fect the Commission’s procedures for the licensing of any
technology for the dry storage of spent nuclear fuel at the
site of any civilian nuclear power reactor as adopted by
the Commission under section 218 of the Nuclear Waste Pol-
icy Act of 1982, as in effect prior to the enactment of the
Nuclear Waste Policy Act of 1995. The establishment of such
procedures shall not preclude the licensing, under any ap-
plicable procedures or rules of the Commission in effect
prior to such establishment, of any technology for the stor-
age of civilian spent nuclear fuel at the site of any civilian
nuclear power reactor.
‘‘SEC. 205. PERMANENT DISPOSAL.
‘‘(a) SITE CHARACTERIZATION.—
‘‘(1) GUIDELINES.—The guidelines promulgated
by the Secretary and published at 10 CFR part 960
are annulled and revoked and the Secretary shall
make no assumptions or conclusions about the
licensability of the Yucca Mountain site as a reposi-
tory by reference to such guidelines.
‘‘(2) SITE CHARACTERIZATION ACTIVITIES.—The
Secretary shall carry out appropriate site character-
ization activities at the Yucca Mountain site in ac-
cordance with the Secretary’s program approach to
site characterization if the Secretary modifies or
eliminates those site characterization activities de-
signed to demonstrate the suitability of the site under
the guidelines referenced in paragraph (1).
‘‘(3) DATE.—No later than December 31, 2001,
the Secretary shall apply to the Commission for au-
thorization to construct a repository that will com-
mence operations no later than January 17, 2010. If,
at any time prior to the filing of such application,
the Secretary determines that the Yucca Mountain
site cannot satisfy the Commission’s regulations ap-
plicable to the licensing of a geologic repository, the
Secretary shall terminate site characterization activi-
ties at the site, notify Congress and the State of Ne-
vada of the Secretary’s determination and the reasons