‘‘SEC. 207. PRIVATE STORAGE FACILITIES.
‘‘(a) COMMISSION ACTION.—Upon application by one
or more private entities for a license for an independent
spent fuel storage installation not located at the site of
a civilian nuclear power reactor, the Commission shall re-
view such license application and issue a license for one
or more such facilities at the earliest practicable date, to
the extent permitted by the applicable provisions of law
and regulation.
‘‘(b) SECRETARY’S ACTIONS.—The Secretary shall
encourage efforts to develop private facilities for the stor-
age of spent nuclear fuel by providing any requested infor-
mation and assistance, as appropriate, to the developers
of such facilities and to State and local governments and
Indian Tribes within whose jurisdictions such facilities
may be located, and shall cooperate with the developers
of such facilities to facilitate compatibility between such
facilities and the integrated management system.
‘‘(c) OBLIGATION.—The Secretary shall satisfy the
Secretary’s obligations under this Act notwithstanding the
development of private facilities for the storage of spent
nuclear fuel or high-level radioactive waste.
‘‘TITLE III—LOCAL RELATIONS
‘‘SEC. 301. ON-SITE REPRESENTATIVE.
The Secretary shall offer to Nye County, Nevada, an
opportunity to designate a representative to conduct on-
site oversight activities at such site. Reasonable expenses
of such representatives shall be paid by the Secretary.
‘‘SEC. 302. BENEFITS AGREEMENTS.
‘‘(a) IN GENERAL.—
‘‘(1) SEPARATE AGREEMENTS.—The Secretary
shall offer to enter into separate agreements with
Nye County, Nevada, and Lincoln County, Nevada,
concerning the integrated management system.
‘‘(2) AGREEMENT
CONTENT.—Any agreement
shall contain such terms and conditions, including
such financial and institutional arrangements, as the
Secretary and agreement entity determine to be rea-
sonable and appropriate and shall contain such pro-
visions as are necessary to preserve any right to par-
ticipation or compensation of Nye County, Nevada,
and Lincoln County, Nevada.
‘‘(b) AMENDMENT.—An agreement entered into
under subsection (a) may be amended only with the mu-
tual consent of the parties to the amendment and termi-
nated only in accordance with subsection (c).
‘‘(c) TERMINATION.—The Secretary shall terminate
an agreement under subsection (a) if any element of the
integrated management system may not be completed.
‘‘(d) LIMITATION.—Only 1 agreement each for Nye
County, Nevada, and Lincoln County, Nevada, may be in
effect at any one time.
‘‘(e) JUDICIAL REVIEW.—Decisions of the Secretary
under this section are not subject to judicial review.
‘‘SEC. 303. CONTENT OF AGREEMENTS.
‘‘(a) IN GENERAL.—
‘‘(1) SCHEDULE.—The Secretary shall make
payments to the party of a benefits agreement under
section 302(a) in accordance with the following
schedule:
‘‘BENEFITS SCHEDULE
[Amounts in millions]
Event
County
(A) Annual payments prior to first receipt of fuel .............................
$2.5
(B) Upon first spent fuel receipt ........................................................
$5
(C) Annual payments after first spent fuel receipt until closure of
facility .............................................................................................
$5
‘‘(2) DEFINITIONS.—For purposes of this sec-
tion, the term—
‘‘(A) ‘spent fuel’ means high-level radio-
active waste or spent nuclear fuel; and
‘‘(B) ‘first spent fuel receipt’ does not in-
clude receipt of spent fuel or high-level radio-
active waste for purposes of testing or oper-
ational demonstration.
‘‘(3) ANNUAL
PAYMENTS.—Annual payments
prior to first spent fuel receipt under line (A) of the
benefit schedule shall be made on the date of execu-
tion of the benefits agreement and thereafter on the
anniversary date of such execution. Annual pay-
ments after the first spent fuel receipt until closure
of the facility under line (C) of the benefit schedule
shall be made on the anniversary date of such first
spent fuel receipt.
‘‘(4) REDUCTION.—If the first spent fuel pay-
ment under line (B) is made within 6 months after
the last annual payment prior to the receipt of spent
fuel under line (A) of the benefit schedule, such first
spent fuel payment under line (B) of the benefit
schedule shall be reduced by an amount equal to 1⁄12
of such annual payment under line (A) of the benefit
schedule for each full month less than 6 that has not
elapsed since the last annual payment under line (A)
of the benefit schedule.
‘‘(b) CONTENTS.—A benefits agreement under sec-
tion 302 shall provide that—
‘‘(1) the parties to the agreement shall share
with one another information relevant to the licens-
ing process for the interim storage facility or reposi-
tory, as it becomes available; and
‘‘(2) the affected unit of local government that
is party to such agreement may comment on the de-
velopment of the integrated management system and
on documents required under law or regulations gov-
erning the effects of the system on the public health
and safety.
‘‘(c) CONSTRUCTION.—The signature of the Sec-
retary on a valid benefits agreement under section 302
shall constitute a commitment by the United States to
make payments in accordance with such agreement.
‘‘SEC. 304. ACCEPTANCE OF BENEFITS.
‘‘(a) CONSENT.—The acceptance or use of any of the
benefits provided under this title by any affected unit of
local government shall not be deemed to be an expression
of consent, express, or denied, either under the Constitu-
tion of the State of Nevada or any law thereof, to the
siting of the interim storage facility or repository in the
State of Nevada, any provision of such Constitution or
laws to the contrary notwithstanding.
‘‘(b) ARGUMENTS.—Neither the United States nor
any other entity may assert any argument based on legal
or equitable estoppel, or acquiescence, or waiver, or con-
sensual involvement, in response to any decision by the
State of Nevada, to oppose the siting in Nevada of the
interim storage facility or repository premised upon or re-
lated to the acceptance or use of benefits under this title.
‘‘(c) LIABILITY.—No liability of any nature shall ac-
crue to be asserted against the State of Nevada, its Gov-
ernor, any official thereof, or any official of any govern-
mental unit thereof, premised solely upon the acceptance
or use of benefits under this title.
‘‘SEC. 305. RESTRICTION ON USE OF FUNDS.
‘‘None of the funding provided under section 303
may be used—
‘‘(1) directly or indirectly to influence legislative
action on any matter pending before Congress or a
State legislature or for any lobbying activity as pro-
vided in section 1913 of title 18, United States
Code;
‘‘(2) for litigation purposes; and
‘‘(3) to support multistate efforts or other coali-
tion-building activities inconsistent with the purposes
of this Act.
‘‘SEC. 306. INITIAL LAND CONVEYANCES.
‘‘(a) CONVEYANCE OF PUBLIC LANDS.—Within 120
days 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 In-
terior 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 sub-
section that are subject to a Federal grazing permit or
a similar federally granted privilege shall be conveyed be-
tween 60 and 120 days of the earliest time the Federal
agency administering or granting the privilege would be
able to legally terminate such privilege under the statutes
and regulations existing at the date of enactment of this
Act, unless the Federal agency, county or city, and the
affected holder of the privilege negotiate an agreement
that allows for an earlier conveyance.
‘‘(b) SPECIAL CONVEYANCES.—Subject to valid exist-
ing rights and notwithstanding any other law, the Sec-
retary of the Interior or the head of the other appropriate
agency shall convey:
‘‘(1) To the County of Nye, Nevada, the follow-
ing public lands depicted on the maps dated October
11, 1995, and on file with the Secretary:
Map 1: Proposed Pahrump Industrial Park
Site
Map 2: Proposed Lathrop Wells (Gate
510) Industrial Park Site
Map 3: Pahrump Landfill Sites
Map 4: Amargosa Valley Regional Landfill
Site
Map 5: Amargosa Valley Municipal Land-
fill Site
Map 6: Beatty Landfill/Transfer station
Site
Map 7: Round Mountain Landfill Site
Map 8: Tonopah Landfill Site
Map 9: Gabbs Landfill Site.
‘‘(2) To the County of Lincoln, Nevada, the fol-
lowing public lands depicted on the maps dated Oc-
tober 11, 1995, and on file with the Secretary:
Map 2: Lincoln County, Parcel M, Indus-
trial Park Site, Jointly with the City of Caliente
Map 3: Lincoln County, Parcels F and G,
Mixed Use, Industrial Sites
Map 4: Lincoln County, Parcels H and I,
Mixed Use and Airport Expansion Sites
Map 5: Lincoln County, Parcels J and K,
Mixed Use, Airport and Landfill Expansion
Sites
Map 6: Lincoln County, Parcels E and L,
Mixed Use, Airport and Industrial Expansion
Sites.
‘‘(3) To the City of Caliente, Nevada, the fol-
lowing public lands depicted on the maps dated Oc-
tober 11, 1995, and on file with the Secretary:
Map 1: City of Caliente, Parcels A, B, C
and D, Community Growth, Landfill Expansion
and Community Recreation Sites
Map 2: City of Caliente, Parcel M, Indus-
trial Park Site, jointly with Lincoln County.
‘‘(c) NATIONAL ENVIRONMENTAL POLICY ACT OF
1969.—The activities of the Secretary and the head of any
other Federal agency in connection with subsections (a)
and (b) shall be considered preliminary decision making
activities. No such activity shall require the preparation
of an environmental impact statement under section
102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)) or any environmental review
under subparagraph (E) or (F) of section 102(2) of such
Act.
‘‘TITLE IV—FUNDING AND
ORGANIZATION
‘‘SEC. 401. PROGRAM FUNDING.
‘‘(a) CONTRACTS.—
‘‘(1) AUTHORITY OF SECRETARY.—In the per-
formance of the Secretary’s functions under this
Act, the Secretary is authorized to enter into con-
tracts with any person who generates or holds title
to spent nuclear fuel or high-level radioactive waste
of domestic origin for the acceptance of title and
possession, transportation, interim storage, and dis-
posal of such spent fuel or waste upon the payment
of fees in accordance with paragraphs (2) and (3).
Fees assessed pursuant to this paragraph shall be
paid to the Treasury of the United States and shall
be available for use by the Secretary pursuant to
this section until expended.
‘‘(2) ANNUAL FEES.—
‘‘(A) ELECTRICITY.—Under a contract en-
tered into under paragraph (1) there shall be a
fee for electricity generated by civilian nuclear
power reactors and sold on or after the date of
enactment of this Act. The aggregate amount of
such fees collected during each fiscal year shall
be no greater than the annual level of appro-
priations for expenditures on the possession,
transportation, interim storage, and disposal of
such spent fuel or waste consistent with sub-
section (d) for that fiscal year, minus—
‘‘(i) any unobligated balance of fees
collected during the previous fiscal year;
‘‘(ii) such appropriations required to
be funded by the Federal Government pur-
suant to section 403; and
‘‘(iii) the amount of one-time fees re-
ceived pursuant to paragraph (3).
The Secretary shall determine the level of the
annual fee for each civilian nuclear power reac-
tor based on the amount of electricity generated
and sold, except that the annual fee shall not
exceed 1.0 mill per kilowatt-hour generated and
sold. Fees assessed pursuant to this subpara-
graph shall be paid to the Treasury of the Unit-
ed States and shall be available for use by the
Secretary pursuant to this section until ex-
pended.
‘‘(B) EXPENDITURES IF SHORTFALL.—If,
during any fiscal year, the aggregate amount of
fees assessed pursuant to subparagraph (A) is
less than the annual level of appropriations for
expenditures on those activities specified in sub-
section (d) for that fiscal year, minus—
‘‘(i) any unobligated balance collected
pursuant to this section during the pre-
vious fiscal year;
‘‘(ii) such appropriations required to
be funded by the Federal Government pur-
suant to section 403 ; and
‘‘(iii) the amount of one-time fees re-
ceived pursuant to paragraph (3).
the Secretary may make expenditures from the
Nuclear Waste Fund up to the level of the fees
assessed.
‘‘(C) BUDGET
PRIORITIES
IF
SHORT-
FALL.—If, during any fiscal year, the provisions
of subparagraph (B) come into effect—
‘‘(i) the Secretary, for purposes of
preparing annual requests for appropria-
tions and allocating appropriated funds
among competing requirements under the
Nuclear Waste Policy Act of 1997, shall
accord—
‘‘(I) the activities leading to an
operating repository the highest prior-
ity; and
‘‘(II) the activities leading to an
operating 
interim 
storage 
facility
under section 204 the next highest
priority; and
‘‘(ii) the Commission, for purposes of
preparing annual requests for appropria-
tions and allocating appropriated funds
among competing requirements under the
Nuclear Waste Policy Act of 1997, shall
accord—
‘‘(I) the activities leading to an
operating repository the highest prior-
ity; and
‘‘(II) the activities leading to an
operating 
interim 
storage 
facility
under section 204 the next highest
priority.
‘‘(D) RULES.—The Secretary shall, by
rule, establish procedures necessary to imple-
ment this paragraph.
‘‘(3) ONE-TIME
FEE.—The one-time fee col-
lected under contracts executed under section 302(a)
of the Nuclear Waste Policy Act of 1982 before the
date of enactment of this Act on spent nuclear fuel,
or high-level radioactive waste derived from spent
nuclear fuel, which fuel was used to generate elec-
tricity in a civilian nuclear power reactor before
April 7, 1983, shall be paid to the Treasury. The
Secretary shall collect all such fees before the expira-
tion of fiscal year 2002. The Commission shall sus-
pend the license of any licensee who fails or refuses
to pay the full amount of the fee referred to in this
paragraph and the license shall remain suspended
until the full amount of the fee referred to in this
paragraph is paid. In paying such a fee, the person
delivering such spent nuclear fuel or high-level radio-
active wastes, to the Secretary shall have no further
financial obligation under this paragraph to the Fed-
eral Government for the long-term storage and per-
manent disposal of such spent nuclear fuel or high-
level radioactive waste.
‘‘(b) ADVANCE CONTRACTING REQUIREMENT.—
‘‘(1) IN GENERAL.—
‘‘(A) LICENSE ISSUANCE AND RENEWAL.—
The Commission shall not issue or renew a li-
cense to any person to use a utilization or pro-
duction facility under the authority of section
103 or 104 of the Atomic Energy Act of 1954
(42 U.S.C. 2133, 2134) unless—
‘‘(i) such person has entered into a
contract under subsection (a) with the Sec-
retary; or
‘‘(ii) the Secretary affirms in writing
that such person is actively and in good
faith negotiating with the Secretary for a
contract under subsection (a).
‘‘(B) PRECONDITION.—The Commission,
as it deems necessary or appropriate, may re-
quire as a precondition to the issuance or re-
newal of a license under section 103 or 104 of
the Atomic Energy Act of 1954 (42 U.S.C.
2133, 2134) that the applicant for such license
shall have entered into an agreement with the
Secretary for the disposal of spent nuclear fuel
and high-level radioactive waste that may result
from the use of such license.
‘‘(2) DISPOSAL
IN
REPOSITORY.—Except as
provided in paragraph (1), no spent nuclear fuel or
high-level radioactive waste generated or owned by
any person (other than a department of the United
States referred to in section 101 or 102 of title 5,
United States Code) may be disposed of by the Sec-
retary in the repository unless the generator or
owner of such spent fuel or waste has entered into
a contract under subsection (a) with the Secretary
by not later than the date on which such generator
or owner commences generation of, or takes title to,
such spent fuel or waste.
‘‘(3) ASSIGNMENT.—The rights and duties of a
party to a contract entered into under this section
may be assignable with transfer of title to the spent
nuclear fuel or high-level radioactive waste involved.
‘‘(4) DISPOSAL CONDITION.—No spent nuclear
fuel or high-level radioactive waste generated or
owned by any department of the United States re-
ferred to in section 101 or 102 of title 5, United
States Code, may be stored or disposed of by the
Secretary at the interim storage facility or repository
in the integrated management system developed
under this Act unless, in each fiscal year, such de-
partment funds its appropriate portion of the costs
of such storage and disposal as specified in section
403.
‘‘(c) NUCLEAR WASTE FUND.—
‘‘(1) IN GENERAL.—The Nuclear Waste Fund
established in the Treasury of the United States
under section 302(c) of the Nuclear Waste Policy
Act of 1982 shall continue in effect under this Act
and shall consist of—
‘‘(A) all receipts, proceeds, and recoveries
realized by the Secretary before the date of en-
actment of this Act;
‘‘(B) any appropriations made by the Con-
gress before the date of enactment of the Nu-
clear Waste Policy Act of 1997 to the Nuclear
Waste Fund; and
‘‘(C) all interest paid on amounts invested
by the Secretary of the Treasury under para-
graph (3)(B).
‘‘(2) USE.—The Nuclear Waste Fund shall be
used only for purposes of the integrated manage-
ment system.
‘‘(3) ADMINISTRATION
OF
NUCLEAR
WASTE
FUND.—
‘‘(A) IN GENERAL.—The Secretary of the
Treasury shall hold the Nuclear Waste Fund
and, after consultation with the Secretary, an-
nually report to the Congress on the financial
condition and operations of the Nuclear Waste
Fund during the preceding fiscal year.
‘‘(B) AMOUNTS IN EXCESS OF CURRENT
NEEDS.—If the Secretary determines that the
Nuclear Waste Fund contains at any time
amounts in excess of current needs, the Sec-
retary may request the Secretary of the Treas-
ury to invest such amounts, or any portion of
such amounts as the Secretary determines to be
appropriate, in obligations of the United
States—
‘‘(i) having maturities determined by
the Secretary of the Treasury to be appro-
priate to the needs of the Nuclear Waste
Fund; and
‘‘(ii) bearing interest at rates deter-
mined to be appropriate by the Secretary
of the Treasury, taking into consideration
the current average market yield on out-
standing marketable obligations of the
United States with remaining periods to
maturity comparable to the maturities of
such investments, except that the interest
rate on such investments shall not exceed
the average interest rate applicable to ex-
isting borrowings.
‘‘(C) 
EXEMPTION.—Receipts, 
proceeds,
and recoveries realized by the Secretary under
this section, and expenditures of amounts from
the Nuclear Waste Fund, shall be exempt from
annual apportionment under the provisions of
subchapter II of chapter 15 of title 31, United
States Code.
‘‘(d) USE OF APPROPRIATED FUNDS.—During each
fiscal year, the Secretary may make expenditures of funds
collected after the date of enactment of this Act under
this section and section 403, up to the level of appropria-
tions for that fiscal year pursuant to subsection (f) only
for purposes of the integrated management system.
‘‘(e) PROHIBITION ON USE OF APPROPRIATIONS AND
NUCLEAR WASTE FUND.—The Secretary shall not make
expenditures of funds collected pursuant to this section or
section 403 to design or construct systems and compo-
nents for the transportation, storage, or disposal of spent
nuclear fuel from civilian nuclear power reactors.
‘‘(f) APPROPRIATIONS.—
‘‘(1) BUDGET.—The Secretary shall submit the
budget for implementation of the Secretary’s respon-
sibilities under this Act to the Office of Management
and Budget triennially along with the budget of the
Department of Energy submitted at such time in ac-
cordance with chapter 11 of title 31, United States
Code. The budget shall consist of the estimates
made by the Secretary of expenditures under this
Act and other relevant financial matters for the suc-
ceeding 3 fiscal years, and shall be included in the
budget of the United States Government.