[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1271 Introduced in Senate (IS)]

  1st Session
                                S. 1271

             To amend the Nuclear Waste Policy Act of 1982.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 1995

 Mr. Craig (for himself, Mr. Abraham, Mr. Faircloth, Mr. Hollings, Mr. 
Kempthorne, and Mr. Kyl) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
             To amend the Nuclear Waste Policy Act of 1982.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Nuclear Waste 
Policy Act of 1982 is amended to read as follows:

``SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the `Nuclear Waste 
Policy Act of 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 SPENT NUCLEAR FUEL MANAGEMENT SYSTEM

``Sec. 201. Railroad.
``Sec. 202. Intermodal transfer.
``Sec. 203. Transportation planning.
``Sec. 204. Transportation requirements.
``Sec. 205. Interim storage.
``Sec. 206. Permanent disposal.
``Sec. 207. Land withdrawal.
                 ``TITLE III--STATE AND LOCAL RELATIONS

``Sec. 301. Financial assistance.
``Sec. 302. State consultations.
``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. Federal contribution.
``Sec. 404. Budget priorities.
            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``Sec. 501. Compliance with other laws.
``Sec. 502. Judicial review of agency actions.
``Sec. 503. Licensing of facility expansions and transshipments.
``Sec. 504. Siting a second repository.
``Sec. 505. Financial arrangements for low-level radioactive waste site 
                            closure.
``Sec. 506. Nuclear Regulatory Commission training authority.
``Sec. 507. Acceptance schedule.
``Sec. 508. Subseabed or ocean water disposal.
``Sec. 509. Environmental requirements.
            ``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 radioactive waste.
            ``(2) Acceptance schedule.--The term `acceptance schedule' 
        means the schedule established by the Secretary in accordance 
        with section 507(a) for acceptance of spent nuclear fuel and 
        high-level radioactive waste.
            ``(3) Affected indian tribe.--The term `affected Indian 
        tribe' means any Indian tribe--
                    ``(A) within whose reservation boundaries an 
                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 reservation's 
                boundaries arising out of congressionally ratified 
                treaties may be substantially and adversely 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 and 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 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 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 section 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) Contracts.--The term `contracts' means the contracts, 
        executed prior to the date of enactment of the Nuclear Waste 
        Policy Act of 1995, under section 302(a) of the Nuclear Waste 
        Policy Act of 1982, by the Secretary and any person who 
        generates or holds title to spent nuclear fuel or high-level 
        radioactive waste of domestic origin for acceptance of such 
        waste or fuel by the Secretary and the payment of fees to 
        offset the Secretary's expenditures, and any subsequent 
        contracts executed by the Secretary pursuant to section 401(a) 
        of this Act.
            ``(9) Contract holders.--The term `contract holders' means 
        parties (other than the Secretary) to contracts.
            ``(10) Department.--The Term `Department' means the 
        Department of Energy.
            ``(11) Disposal.--The term `disposal' means the emplacement 
        in a repository of spent nuclear fuel, high-level radioactive 
        waste, or other highly radioactive material with no foreseeable 
        intent of recovery, whether or not such emplacement permits 
        recovery of such material for any future purpose.
            ``(12) 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 repository.
            ``(13) Engineered barriers.--The term `engineered barriers' 
        and `engineered systems and components,' 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.
            ``(14) High-level radioactive waste.--The term `high-level 
        radioactive waste' means--
                    ``(A) the highly radioactive material resulting 
                from the reprocessing of spent nuclear fuel, including 
                liquid waste produced directly in reprocessing 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, determines by 
                rule requires permanent isolation, which includes 
                greater than class C low-level waste as defined in 
                title 10 Code of Federal Regulations part 61.
            ``(15) Federal agency.--The term `Federal agency' means any 
        executive agency, as defined in section 105 of title 5, United 
        States Code.
            ``(16) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized 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 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)).
            ``(17) Integrated management system.--The term `integrated 
        management system' means the system developed by the Secretary 
        for the acceptance, transportation, storage, and disposal of 
        spent nuclear fuel and high-level radioactive waste.
            ``(18) 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.
            ``(19) 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 reserved in accordance with this Act for the 
        location of the interim storage facility.
            ``(20) Low-level radioactive waste.--The term `low-level 
        radioactive waste' means radioactive material that--
                    ``(A) is not spent nuclear fuel, high-level 
                radioactive 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 existing law, 
                classifies as low-level radioactive waste.
            ``(21) Metric tons uranium.--The terms `metric tons 
        uranium' and `MTU' means the amount of uranium in the original 
        unirradiated fuel element whether or not the spent nuclear fuel 
        has been reprocessed.
            ``(22) Nuclear waste fund.--The terms `Nuclear 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 section 302(c) of the Nuclear Waste Policy Act of 
        1982.
            ``(23) Office.--The term `Office' means the Office of 
        Civilian Radioactive Waste Management established within the 
        Department prior to the date of enactment of this Act under the 
        provisions of the Nuclear Waste Policy Act of 1982.
            ``(24) 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.
            ``(25) 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 receipt, handling, possession, safeguarding, and storage 
        are conducted.
            ``(26) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(27) Site characterization.--The term `site 
        characterization' means activities, whether in a laboratory 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 repository, including borings, surface 
        excavations, excavations 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 preliminary 
        borings and geophysical testing needed to assess whether site 
        characterization should be undertaken.
            ``(28) Spent nuclear fuel.--The term `spent nuclear fuel' 
        means fuel that has been withdrawn from a nuclear reactor 
        following irradiation, the constituent elements of which have 
        not been separated by reprocessing.
            ``(29) Storage.--The term `storage' means retention of 
        spent nuclear fuel or high-level radioactive waste with the 
        intent to recover such waste or fuel for subsequent use, 
        processing, or disposal.
            ``(30) 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).
            ``(31) 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 storage of such 
        spent nuclear fuel at a centralized Federal facility will 
        enhance the Nation's environmental protection;
            ``(2) while the Federal Government has the responsibility 
        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 
        spent fuel, including the Federal Government;
            ``(3) in the interests of protecting the public health and 
        safety, enhancing the Nation's environmental protection, 
        promoting the Nation's energy security, and ensuring the 
        Secretary's ability to commence acceptance of spent nuclear 
        fuel and high-level radioactive waste no later than January 31, 
        1998, it is necessary for Congress to authorize an 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 intended purposes.
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to direct the Secretary to develop an integrated 
        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
            ``(2) to provide for the siting, construction, and 
        operation of a repository for permanent geologic disposal of 
        spent nuclear fuel and high-level radioactive waste as part of 
        an integrated management system 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 funding the Secretary's 
        activities under this Act, receive the services to which they 
        are entitled and realize the benefits of enhanced protection of 
        public health and safety, and the environment, that will ensue 
        from the Secretary's compliance with the obligations imposed by 
        this Act; and
            ``(4) to provide a schedule and process for the expeditious 
        and safe development and commencement of operation of a 
        integrated management system and any necessary modifications to 
        the transportation infrastructure to ensure that the Secretary 
        can commence acceptance of spent nuclear fuel and high-level 
        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 operate 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 at facilities designated by contract 
holders pursuant to the contracts for storage at an interim storage 
facility pursuant to section 205 in accordance 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. The Secretary shall procure all systems and 
components necessary to transport spent nuclear fuel and high-level 
radioactive waste from facilities designated by contract holders to and 
among facilities comprising the Integrated Management System.
    ``(d) Integrated Management System.--The Secretary shall 
expeditiously pursue the development of each component of the 
integrated management system, and in so doing shall seek to utilize 
effective private sector management and contracting practices 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 Lincoln County, Nevada, and 
terminating at the interim storage facility sites. 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 facilities 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 Secretary shall 
        acquire such rights-of-way and develop such facilities within 
        the corridor (referred to as the `Modified Caliente Route') 
        depicted on the map dated July 23, 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 the enactment of the Nuclear Waste Policy Act of 1995, the 
        Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the corridor; 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 description referred 
        to in paragraph (3) 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 map and legal 
        description and make minor adjustments in the boundaries of the 
        corridor.
    ``(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.--Administrative 
        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 operation of such 
        transportation facilities and associated activities under this 
        title.
            ``(4) Memorandum of understanding.--The Secretary may also 
        enter into a memorandum of understanding 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 activities.--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. Such 
        activities shall not 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, and shall not be delayed 
        pending completion of the environmental impact statement 
        required under paragraph (2).
            ``(2) Transportation facilities.--Construction and 
        operation of transportation facilities authorized by subsection 
        (a) within the corridor shall constitute a major Federal action 
        significantly affecting the quality of the human environment 
        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 
        commencement of construction. In preparing such statement, the 
        Secretary shall adopt, to the extent practicable, relevant 
        environmental reports that have been developed by other Federal 
        and State agencies.
            ``(3) Considerations.--For purposes of complying with the 
        requirements of the National Environmental Policy Act of 1969 
        and this section, the Secretary need not consider the need for 
        the development or improvement of transportation facilities, 
        the timing of the initial availability of the transportation 
        facilities, 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 facilities upon compliance with the requirements of 
subsections (a) through (d). No court shall have jurisdiction to enjoin 
the construction of the transportation facilities authorized by this 
section except upon its entry of a final order that the construction is 
not in accord with the provisions of applicable law.
    ``(f) Exemption.--Neither the Secretary nor any person constructing 
or operating railroad facilities under contract with the Secretary 
under this section shall be considered 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.

``SEC. 202. INTERMODAL TRANSFER.

    ``(a) 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.
    ``(b) Capability Date.--The Secretary shall develop the capability 
to commence rail to truck intermodal transfer at Caliente, Nevada, no 
later than January 31, 1998. Intermodal transfer and related activities 
are incidental to the interstate transportation of spent nuclear fuel 
and high-level radioactive waste.
    ``(c) Acquisitions.--The Secretary shall acquire lands and rights-
of-way necessary to commence intermodal transfer at Caliente, Nevada.
    ``(d) Replacements.--The Secretary shall acquire and develop on 
behalf of, and dedicate to, the City of Caliente, Nevada, parcels of 
land and right-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 activities shall occur no later than January 31, 1998.
    ``(e) Notice and Map.--Within 6 months of the date of enactment of 
the Nuclear Waste Policy Act of 1995, the Secretary shall--
            ``(1) publish in the Federal Register a notice containing a 
        legal description of the sites and rights-of-way to be acquired 
        under this subsection; and
            ``(2) file copies of a map of such sites and rights-of-way 
        with the Congress, the Secretary of the Interior, the State of 
        Nevada, the Archivist of the United States, the Board of 
        Lincoln County 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 
adjustments in the boundaries.
    ``(f) 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 
facilitate year-round safe transport of spent nuclear fuel and high-
level radioactive waste.
    ``(g) National Environmental Policy Act.--The Secretary's 
activities in connection with the development of intermodal transfer 
capability and improvements to existing roadways pursuant to this 
section shall be considered preliminary decisionmaking activities. 
Notwithstanding any other law, such activities shall not 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.
    ``(h) Local Government Involvement.--The Commission 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 
Secretary.

``SEC. 203. 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 practicable 
following enactment of this Act, the Secretary shall analyze each 
specific facility designated by contract holders in the order of 
priority established in the acceptance schedule, and develop a 
logistical plan to assure the Secretary's ability to transport 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 radioactive 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 implementing, as necessary, transportation routing 
plans, transportation contracting plans, transportation training in 
accordance with section 203; and transportation tracking programs.

``SEC. 204. TRANSPORTATION REQUIREMENTS.

    ``(a) Package Certification.--No spent nuclear fuel or high-level 
radioactive waste may be transported by or for the Secretary under this 
Act except in packages that have been certified for such purposes by 
the Commission.
    ``(b) State Notification.--The Secretary shall abide by regulations 
of the Commission regarding advance notification of State and local 
governments prior to transportation 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 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 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 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. 205. 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 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 independent spent fuel storage 
installations, which regulations shall be amended by the Commission as 
necessary to implement the provisions of this Act. The interim storage 
facility shall commence operation in phases by January 31, 1998.
    ``(b) Design.--
            ``(1) The interim storage facility shall be designed in two 
        phases in order to commence operations no later than January 
        31, 1998. The design of the interim storage facility shall 
        provide for the use of technologies, licensed, approved, or 
        certified by the Commission for use at the interim storage 
        facility as necessary to ensure compatibility between the 
        interim 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.
            ``(2) The Secretary shall consent to an amendment to the 
        contracts to provide for reimbursement to contract holders for 
        transportable storage systems purchased by contract holders if 
        the Secretary determines that it is cost effective to use such 
        transportable storage systems as part of the integrated 
        management system, provided that the Secretary shall not be 
        required to expend any funds to modify contract holders' 
        storage or transport systems or to seek additional regulatory 
        approvals in order to use such systems.
    ``(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 Policy 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 Environmental Report and Safety Analysis Report submitted 
        in support of such license application shall be consistent with 
        the scope of authority requested in the license application. 
        The license issued for the first phase of the interim storage 
        facility shall have a term of 20 years and shall be renewable 
        for additional terms upon application of the Secretary. The 
        interim storage facility licensed in the first phase shall have 
        a capacity of 20,000 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 license.
            ``(3) Second phase.--No later than 30 months after the date 
        of enactment of the Nuclear Waste Policy Act of 1995, the 
        Secretary shall submit to the Commission an application for a 
        license for the second phase interim storage facility. The 
        license for the second phase facility shall authorize a storage 
        capacity of 100,000 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. The 
        second phase of the interim storage facility shall commence 
        operations no later than December 31, 2002.
    ``(d) Additional Authority.--
            ``(1) Construction.--For purposes of complying with 
        subsection (a), the Secretary may commence 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 commence construction of each phase of the interim 
        storage facility subsequent to submittal of the license 
        application for such phase 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 otherwise 
        applicable licensing requirement, the Secretary may utilize any 
        facility owned by the Federal Government 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.
            ``(3) Acceptance of fuel and waste.--Subject to paragraph 
        (h), once the Secretary has achieved the annual acceptance rate 
        for spent nuclear fuel from civilian nuclear power reactors 
        established pursuant to the contracts executed prior to the 
        date of enactment of the Nuclear Waste Policy Act of 1995, the 
        Secretary shall accept, in an amount not greater than 25 
        percent of the difference between such acceptance rate and the 
        annual acceptance rate for spent nuclear fuel from civilian 
        nuclear power reactors established under section 507(a), the 
        following radioactive materials:
                    ``(A) spent nuclear fuel or high-level radioactive 
                waste of domestic origin from civilian nuclear power 
                reactors that have permanently ceased operation on the 
                date of enactment of the Nuclear Waste Policy Act of 
                1995;
                    ``(B) spent nuclear fuel from foreign research 
                reactors, as necessary to promote nonproliferation 
                objectives; and
                    ``(C) spent nuclear fuel, including spent nuclear 
                fuel from naval reactors, and high-level radioactive 
                waste from atomic energy defense activities.
    ``(e) National Environmental Policy Act of 1969.--
            ``(1) Preliminary decisionmaking activities.--The 
        Secretary's activities under this section, including the 
        selection of a site for the interim storage facility, the 
        preparation and submittal of a license application and 
        supporting documentation, the construction and operation of any 
        facility, and facility use pursuant to paragraph (d)(2) of this 
        section shall be considered preliminary decisionmaking 
        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 require any environmental review under 
        subparagraph (E) or (F) of such Act.
            ``(2) Environmental impact statement.--
                    ``(A) Final decision.--A final decision by the 
                Commission to grant or deny a license application for 
                the first or second phase of the interim storage 
                facility shall be accompanied by an environmental 
                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 and environmental 
                impact statement, the Commission--
                            ``(i) shall ensure that the scope of the 
                        Environmental Impact Statement is consistent 
                        with the scope of the licensing action; 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 environmental impact 
                statement shall not consider--
                            ``(i) the need for the interim storage 
                        facility, 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 
                        criteria for such facility or any individual 
                        component thereof, as specified by the 
                        Secretary 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 
                        facility 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 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 construction or operation of the 
interim 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 accordance 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 Commission 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 nuclear power reactor under the Atomic 
Energy Act of 1954 (42 U.S.C. 2011, et seq.).
    ``(h) Storage of Other Spent Nuclear Fuel and High-Level 
Radioactive Waste.--No later than 18 months following the date of 
enactment of the Nuclear Waste Policy Act of 1995, the Commission 
shall, by rule, establish criteria for the storage in the interim 
storage facility of fuel and waste listed in paragraph (d)(3) (A) 
through (C), to the extent such criteria are not included in 
regulations issued by the Commission and existing on the date of 
enactment of the Nuclear Waste Policy Act of 1995. Following 
establishment of such criteria, the Secretary shall seek authority, as 
necessary, to store fuel and waste listed in paragraph (d)(3) (A) 
through (C) at the interim storage facility. None of the activities 
carried out pursuant to this paragraph shall delay, or otherwise 
affect, the development, construction, licensing, or operation of the 
interim storage facility.
    ``(i) Savings Clause.--The Commission shall, by rule, establish 
procedures for the licensing of any technology for the dry storage of 
spent nuclear fuel by rule and without, to the maximum extent possible, 
the need for site-specific approvals by the Commission. Nothing in this 
Act shall affect any such procedures, or any licenses or approvals 
issued pursuant to such procedures in effect on the date of enactment.

``SEC. 206. 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 repository by reference to such guidelines.
            ``(2) Site characterization activities.--The Secretary 
        shall carry our appropriate site characterization activities at 
        the Yucca Mountain site in accordance with the Secretary's 
program approach to site characterization. The Secretary shall modify 
or eliminate those site characterization activities designed only to 
demonstrate the suitability of the site under the guidelines referenced 
in paragraph (1).
            ``(3) Schedule.--Consistent with the schedules set forth in 
        the program approach, as modified to be consistent with the 
        Nuclear Waste Policy Act of 1995, the Secretary shall apply to 
        the Commission for authorization to construct a repository. 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 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 
        Congress 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 nuclear fuel and 
        high-level radioactive waste.
            ``(4) Maximizing capacity.--In developing an application 
        for authorization to construct the repository, the Secretary 
        shall seek to maximize the capacity of the repository, in the 
        most cost-effective manner, consistent with the need for 
        disposal capacity.
    ``(b) Licensing.--Upon the completion of any licensing proceeding 
for the first phase of the interim storage facility, the Commission 
shall amend its regulations governing the disposal of spent nuclear 
fuel and high-level radioactive waste in geologic repositories to the 
extent necessary to comply with this Act. Subject to subsection (c), 
such regulations shall provide for the licensing of the repository 
according to the following procedures:
            ``(1) Construction authorization.--The Commission shall 
        grant the Secretary a construction authorization for the 
        repository upon determining that there is reasonable assurance 
        that spent nuclear fuel and high-level radioactive waste can be 
        disposed of in the repository--
                    ``(A) in conformity with the Secretary's 
                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 Commission 
        shall issue a license to dispose of spent nuclear fuel and 
        high-level radioactive waste in the repository if the 
        Commission determines that the repository has been constructed 
        and will operate--
                    ``(A) in conformity with the Secretary's 
                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 repository performance to 
        reasonably confirm the basis for repository closure consistent 
        with the Commission's regulations applicable to the licensing 
        of a repository, as modified in accordance with this Act, the 
        Secretary shall apply to the Commission to amend the license to 
        permit permanent closure of the repository. The Commission 
        shall grant such license amendment upon finding that there is 
        reasonable assurance that the repository can be permanently 
        closed--
                    ``(A) in conformity with the Secretary's 
                application to amend the license, 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 subsequent to repository closure that 
        poses an unreasonable risk of--
                    ``(A) breaching the repository's engineered or 
                geologic barriers; or
                    ``(B) increasing the exposure of individual members 
                of the public to radiation beyond the release standard 
                established in subsection (d)(1).
    ``(c) Modification of Repository Licensing Procedure.--The 
Commission's regulations shall provide for the modification of the 
repository licensing procedure, as appropriate, in the event that the 
Secretary seeks a license to permit the emplacement in the repository, 
on a retrievable basis, of only that quantity of spent nuclear fuel or 
high-level radioactive waste that is necessary to provide the Secretary 
with sufficient confirmatory data on repository performance to 
reasonably confirm the basis for repository closure consistent with 
applicable regulations.
    ``(d) Licensing Standards.--Notwithstanding any other provision of 
law, the Administrator of the Environmental Protection Agency shall not 
promulgate, by rule or otherwise, standards for protection of the 
public from releases of radioactive materials or radioactivity from the 
repository and any such standards existing on the date of enactment of 
the Nuclear Waste Policy Act of 1995 shall not be incorporated in the 
Commission's licensing regulations. The Commission'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), applied in accordance with the provisions of 
paragraph (1)(B). The Commission shall amend its regulations in 
accordance with subsection (b) to incorporate each of the following 
licensing standards:
            ``(1) 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 
                expose an average member of the general population in 
                the vicinity of the Yucca Mountain site to an annual 
                dose in excess of 100 millirems unless the Commission 
                determines by rule, considering, in conjunction with 
                the requirements of this section, and, as appropriate, 
                the advice provided by the National Research Council in 
                its report Technical Bases for Yucca Mountain Standards 
                prepared pursuant to section 801 of the Energy Policy 
                Act of 1992 (Public Law 102-486), that such standard 
                would constitute an unreasonable risk to health and 
                safety and establishes by rule another standard which 
                will protect health and safety. Such standard shall 
                constitute an overall system performance standard.
                    ``(B) Application of overall system performance 
                standard.--
                            ``(i) The licensing basis shall be a 
                        finding by the Commission that it has 
                        reasonable assurance that for the first 1,000 
                        years following the commencement of repository 
                        operations, the overall system performance 
                        standard will be met based on a deterministic 
                        and probabilistic evaluations, as appropriate 
                        of the overall performance of the disposal 
                        system.
                            ``(ii) The Commission, to provide an 
                        understanding of the long-term performance of 
                        the repository, for the period commencing 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, shall analyze the overall system 
                        performance through the use of a probabilistic 
                        integrated performance model that uses best 
                        estimate assumptions, data, and methods.
                            ``(iii) The Commission shall not consider 
                        catastrophic events where the health 
                        consequences of individual events themselves 
                        can be reasonably assumed to exceed the health 
                        consequences due to the impact of the events on 
                        repository performance.
                            ``(iv) For the purpose of assessing doses 
                        to individuals living in the future, the 
                        Commission shall assume the individuals live in 
                        a society with agricultural practices, eating 
                        habits, and other relevant social 
                        characteristics similar to those of present-day 
                        U.S. society. Extremes in social behavior, 
                        eating habits, or other relevant practices or 
                        characteristics shall not be considered.
                            ``(v) For the purpose of this section, an 
                        average member of the general population in the 
                        vicinity of the Yucca Mountain site means a 
                        person whose physiology, age, general health, 
                        agricultural practices, eating habits, and 
                        social behavior represent the average for 
                        persons living in the vicinity of the site.
            ``(2) Human intrusion.--The Commission shall assume that, 
        following repository closure, the inclusion of engineered 
        barriers and the Secretary's post-closure actions at the Yucca 
        Mountain site in accordance with subsection (b)(4), shall be 
        sufficient to--
                    ``(A) prevent any human activity at the site that 
                poses an unreasonable risk of breaching the 
                repository's engineered or geologic barriers; and
                    ``(B) prevent any increase in the exposure of 
                individual members of the public to radiation beyond 
                allowable limits as specified in paragraph (1).
    ``(e) National Environmental Policy Act.--
            ``(1) Submission of statement.--Construction and operation 
        of the repository shall be considered a major Federal action 
        significantly affecting the quality of the human environment 
        for purposes of the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.). The Secretary shall submit an 
        environmental impact statement on the construction and 
        operation of the repository to the Commission with the license 
        application and shall supplement such environmental impact 
        statement as appropriate.
            ``(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, 
        alternative sites or designs for the repository, 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 statement and any supplements thereto 
        shall, to the extent practicable, be adopted by the Commission 
        in connection with the issuance by the Commission of a 
        construction 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 Commission, such adoption shall be deemed to 
        also satisfy the responsibilities of the Commission under the 
        National Environmental Policy Act of 1969, and no further 
        consideration shall be required, except that nothing in this 
        subsection shall affect any independent responsibilities of the 
        Commission to protect the public health and safety under the 
        Atomic Energy Act of 1954. In any such statement or supplement 
        prepared with respect to the repository, the Commission shall 
        not consider the need for a repository, the time of initial 
        availability of the repository, alternate sites or designs for 
the repository, or any alternatives to the isolation of spent nuclear 
fuel and high-level radioactive waste in a repository.
    ``(f) Judicial Review.--No court shall have jurisdiction to enjoin 
issuance of the Commission repository licensing regulations prior to 
its final decision on review of such regulations.

``SEC. 207. LAND WITHDRAWAL.

    ``(a) Withdrawal and Reservation.--
            ``(1) Withdrawal.--Subject to valid existing rights, the 
        interim storage facility site and the Yucca Mountain site, as 
        described in subsection (b), are withdrawn from all forms of 
        entry, appropriation, and disposal under the public land laws, 
        including the mineral leasing laws, the geothermal leasing 
        laws, the material sale laws, and the mining laws.
            ``(2) Jurisdiction.--Jurisdiction of any land within the 
        interim storage facility site and the Yucca Mountain site 
        managed by the Secretary of the Interior or any other Federal 
        officer is transferred to the Secretary.
            ``(3) Reservation.--The interim storage facility site and 
        the Yucca Mountain site are reserved for the use of the 
        Secretary for the construction and operation, respectively, of 
        the interim storage facility and the repository and activities 
        associated with the purposes of this title.
    ``(b) Land Description.--
            ``(1) Boundaries.--The boundaries depicted on the map 
        entitled `Interim Storage Facility Site Withdrawal Map,' dated 
        July 28, 1995, and on file with the Secretary, are established 
        as the boundaries of the Interim Storage Facility site.
            ``(2) Boundaries.--The boundaries depicted on the map 
        entitled `Yucca Mountain Site Withdrawal Map,' dated July 28, 
        1995, and on file with the Secretary, are established as the 
        boundaries of the Yucca Mountain site.
            ``(3) Notice and maps.--Within 6 months of the date of the 
        enactment of the Nuclear Waste Policy Act of 1995, the 
        Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the interim storage 
                facility site; and
                    ``(B) file copies of the maps described in 
                paragraph (1), and the legal description of the interim 
                storage facility site with the Congress, the Secretary 
                of the Interior, the Governor of Nevada, and the 
                Archivist of the United States.
            ``(4) Notice and maps.--Concurrent with the Secretary's 
        application to the Commission for authority to construct the 
        repository, the Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the Yucca Mountain 
                site; and
                    ``(B) file copies of the maps described in 
                paragraph (2), and the legal description of the Yucca 
                Mountain site with the Congress, the Secretary of the 
                Interior, the Governor of Nevada, and the Archivist of 
                the United 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 boundaries of 
        the sites.

                 ``TITLE III--STATE AND LOCAL RELATIONS

``SEC. 301. FINANCIAL ASSISTANCE.

    ``(a) Grants.--The Secretary shall make grants to the State of 
Nevada and any affected unit of local government for purposes of 
enabling such State or affected unit of local government--
            ``(1) to review activities taken with respect to the Yucca 
        Mountain site for purposes of determining potential economic, 
        social, public health and safety, and environmental impacts of 
        the integrated management system on such State, or affected 
        unit of local government and its residents;
            ``(2) to develop a request for impact assistance under 
        subsection (c);
            ``(3) to engage in any monitoring, testing, or evaluation 
        activities with regard to such site;
            ``(4) to provide information to Nevada residents regarding 
        any activities of such State, the Secretary, or the Commission 
        with respect to such site; and
            ``(5) to request information from, and make comments and 
        recommendations to, the Secretary regarding any activities 
        taken with respect to such site.
    ``(b) Salary and Travel Expenses.--Any salary or travel expense 
that would ordinarily be incurred by the State of Nevada or any 
affected unit of local government may not be considered eligible for 
funding under this section.
    ``(c) Financial and Technical Assistance.--
            ``(1) Assistance requests.--The Secretary shall offer to 
        provide financial and technical assistance to the State of 
        Nevada, and any affected unit of local government requesting 
        such assistance. Such assistance shall be designed to mitigate 
        the impact on such State or affected unit of local government 
        of the development of the integrated management system.
            ``(2) Report.--The State of Nevada and any affected unit of 
        local government may request assistance under this section by 
        preparing and submitting to the Secretary a report on the 
        economic, social, public health and safety, and environmental 
        impacts that are likely to result from activities of the 
        integrated management system.
    ``(d) Other Assistance.--
            ``(1) Taxable amounts.--In addition to financial assistance 
        provided under this subsection, the Secretary shall grant to 
        the State of Nevada and any affected unit of local government 
        an amount each fiscal year equal to the amount such State or 
        affected unit of local government, respectively, would receive 
        if authorized to tax integrated management system activities, 
        as such State or affected unit of local government taxes the 
        non-Federal real property and industrial activities occurring 
within such State or affected unit of local government.
            ``(2) Termination.--Such grants shall continue until such 
        time as all such activities, development, and operations are 
        terminated at such site.
            ``(3) Assistance to nevada and units of local government.--
                    ``(A) Period.--The State of Nevada or any affected 
                unit of local government may not receive any grant 
                under paragraph (1) after the expiration of the 1-year 
                period following the date on which the Secretary 
                notifies the Governor and legislature of the State of 
                Nevada of the termination of the operation of the 
                integrated management system.
                    ``(B) Activities.--The State of Nevada or any 
                affected unit of local government may not receive any 
                further assistance under this section if the integrated 
                management system activities at such site are 
                terminated by the Secretary or if such activities are 
                permanently enjoined by any court.

``SEC. 302. STATE CONSULTATION.

    ``(a) Provision of Information.--
            ``(1) Timely and complete information.--The Secretary, the 
        Commission, and other agencies involved in the construction, 
        operation, or regulation of any aspect of the integrated 
        management system in the State of Nevada shall provide to the 
        Governor and legislature of the State of Nevada timely and 
        complete information regarding determinations or plans made 
        with respect to the site characterization, siting, development, 
        design, licensing, construction, operation, regulation, or 
        decommissioning of the facilities associated with the 
        integrated management system.
            ``(2) Written response.--Upon written request for such 
        information by the Governor or legislature of the State of 
        Nevada, the Secretary shall provide a written response to such 
        request within 30 days of the receipt of such request. Such 
        response shall provide the information requested or, in the 
        alternative, the reasons why the information cannot be so 
        provided. If the Secretary fails to so respond within such 30 
        days, the Governor or legislature may transmit a formal written 
        objection to such failure to respond to the President. If the 
        President or Secretary fails to respond to such written request 
        within 30 days of the receipt by the President of such formal 
        written objection, the Secretary shall immediately suspend all 
        activities in such State authorized by this Act, and shall not 
        renew such activities until the Governor or legislature has 
        received the written response to such written request required 
        by this subsection.
    ``(b) Consultation and Cooperation.--The Secretary shall consult 
and cooperate with the Governor and legislature of the State of Nevada 
and with the Board of Nye County Commissioners in an effort to resolve 
concerns regarding public health and safety, environmental, and 
economic impacts of any activities authorized by this Act. In carrying 
out the Secretary's duties under this Act, the Secretary shall take 
such concerns into account to the maximum extent feasible and as 
specified in written agreements entered into under this section.
    ``(c) Continuation.--Written agreements established under section 
117(c) of the Nuclear Waste Policy Act of 1982 as constituted prior the 
date of enactment of the Nuclear Waste Policy Act of 1995, shall 
continue in effect subsequent to the date of enactment of the Nuclear 
Waste Policy Act of 1995.
    ``(d) On-Site Representative.--The Secretary shall offer to the 
State of Nevada and the unit of local government within whose 
jurisdiction a site for an interim storage facility or repository is 
located under this Act an opportunity to designate a representative to 
conduct onsite oversight activities at such site. Reasonable expenses 
of such representatives shall be paid by the Secretary.

``SEC. 303. BENEFITS AGREEMENTS.

    ``(a) In General.--
            ``(1) Separate agreements.--The Secretary shall offer to 
        enter into separate agreements with the State of Nevada, Nye 
        County, Nevada, and Lincoln County, Nevada, concerning the 
        integrated management system.
            ``(2) Agreement with nevada.--Any agreement with the State 
        of Nevada under this section shall be negotiated in 
        consultation with any affected units of local government in the 
        State.
            ``(3) 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 reasonable and appropriate and shall 
        contain such provisions as are necessary to preserve any right 
        to participation or compensation of the State of Nevada or 
        affected units of local government, 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 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 the State of Nevada, 
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. 304. CONTENT OF AGREEMENTS.

    ``(a) In General.--
            ``(1) Schedule.--In addition to the benefits to which the 
        State of Nevada or affected units of local government are 
        entitled under this title, the Secretary shall make payments to 
        the party of a benefits agreement in accordance with the 
        following schedule:

                            BENEFITS SCHEDULE                           
                          (amounts in millions)                         
------------------------------------------------------------------------
                     Event                         State        County  
------------------------------------------------------------------------
(A) Annual Payments prior to first receipt of                           
 spent fuel...................................           $5         $2.5
(B) Upon first spent fuel receipt.............          $10          $5 
(C) Annual payments after first spent fuel                              
 receipt until closure of facility............          $10          $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 purposes of testing or operational demonstration.
            ``(3) Annual payments.--Annual payments prior to first 
        spent fuel receipt under paragraph (1)(A) 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 paragraph (1)(C) shall be made on the anniversary date of 
        such first spent fuel receipt.
            ``(4) Reduction.--If the first spent fuel payment under 
        paragraph (1)(B) is made within 6 months after the last annual 
        payment prior to the receipt of spent fuel under paragraph 
        (1)(A), such first spent fuel payment under paragraph (1)(B) 
        shall be reduced by an amount equal to \1/12\ of such annual 
        payment under paragraph (1)(A) for each full month less than 6 
        that has not elapsed since the last annual payment for 
        paragraph (1)(A).
            ``(5) Lincoln county.--At the conclusion of the 15-year 
        period after the Secretary's first payment to Lincoln County, 
        Nevada, under the benefits schedule in paragraph (1), the 
        payment of funds to such county shall terminate. Such funding 
        as would have been allocated to Lincoln County shall be 
        incorporated into the payment to the State of Nevada under the 
        benefits schedule. Any benefits agreement with the State of 
        Nevada shall be modified to reflect the requirements of 
        paragraph (7).
            ``(6) Restriction.--Except as provided in paragraph (7), 
        the Secretary may not restrict the purposes for which the 
        payments under this section may be used.
            ``(7) Transfers.--
                    ``(A) Units of local government.--Any State 
                receiving a payment under this section shall transfer 
                an amount equal to not less than \1/3\ of the amount of 
                such payment to affected units of local government of 
                such State.
                    ``(B) Plan.--A plan for this transfer and 
                appropriate allocation of such portion among such 
                governments shall be included in the benefits agreement 
                under section 303 covering such payments.
                    ``(C) Dispute.--In the event of a dispute 
                concerning such plan, the Secretary shall resolve such 
                dispute, consistent with this Act and applicable State 
                law.
    ``(b) Contents.--A benefits agreement under section 303 shall 
provide that--
            ``(1) the parties to the agreement shall share with one 
        another information relevant to the licensing process for the 
        interim storage facility or repository, as it becomes 
        available;
            ``(2) the State or affected unit of local government that 
        is party to such agreement may comment on the development of 
        the integrated management system and on documents required 
        under law or regulations governing the effects of the system on 
        public health and safety; and
            ``(3) the State or affected unit of local government may 
        waive its rights, if any, to impact assistance under sections 
        301(a) and 301(c).
    ``(c) Construction.--The signature of the Secretary on a valid 
benefits agreement under section 303 shall constitute a commitment by 
the United States to make payments in accordance with such agreement.

``SEC. 305. REVIEW PANEL.

    ``(a) In General.--There shall be established a Review Panel 
consisting of 8 members as follows:
            ``(1) 1 member selected by the Governor of the State of 
        Nevada.
            ``(2) 2 members selected by affected units of local 
        government.
            ``(3) 1 member selected by the Board of Nye County 
        Commissioners.
            ``(4) 1 member selected by the Board of Lincoln County 
        Commissioners.
            ``(5) 1 member to represent persons paying fees under 
        section 401, to be selected by the Secretary.
            ``(6) 1 member to represent other public interests, to be 
        selected by the Secretary.
            ``(7) 1 member to represent contract holders, to be 
        selected by contract holders.
    ``(b) Chairman.--The chairman of the Review Panel shall be selected 
by the Review Panel from its members.
    ``(c) Terms.--
            ``(1) Members.--The members of the Review Panel shall serve 
        for terms of 4 years each.
            ``(2) Per diem.--Members of the Review Panel who are not 
        full-time employees of the Federal Government, shall receive a 
        per diem compensation for each day spent conducting work of the 
        Review Panel, including their necessary travel or other 
        expenses while engaged in the work of the Review Panel.
            ``(3) Expenses.--Expenses of the Panel shall be paid by the 
        Secretary.
    ``(d) Duties.--The Review Panel shall--
            ``(1) advise the Secretary on matters relating to the 
        integrated management system including issues relating to 
        design, construction, operation, and decommissioning of the 
        system;
            ``(2) evaluate performance of the integrated management 
        system as it considers appropriate;
            ``(3) recommend corrective actions to the Secretary;
            ``(4) assist in the presentation of State and local 
        perspectives to the Secretary; and
            ``(5) participate in the planning for the review of 
        preoperational data on environmental, demographic, and 
        socioeconomic conditions of the site and the local community.
    ``(e) Information.--The Secretary shall make available promptly any 
information in the Secretary's possession requested by the Panel or its 
Chairman.
    ``(f) Federal Advisory Committee Act.--The requirements of the 
Federal Advisory Committee Act shall not apply to a Review Panel 
established under this title.

``SEC. 306. CONSIDERATION IN SITING FACILITIES.

    ``The Secretary, in siting Federal research projects, shall give 
special consideration to proposals from the State of Nevada.

``SEC. 307. ACCEPTANCE OF BENEFITS.

    ``(a) Consent.--The acceptance or use of any of the benefits 
provided under this title, by the State of Nevada or any affected unit 
of local government thereof, shall not be deemed to be an expression of 
consent, express, or denied, either under the Constitution of the State 
or any law thereof, to the siting of an 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 consensual involvement, in response to any 
decision by the State, to oppose the siting in Nevada of an interim 
storage facility or repository premised upon or related to the 
acceptance or use of benefits under this title.
    ``(c) Liability.--No liability of any nature shall 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. 308. RESTRICTIONS ON USE OF FUNDS.

    ``None of the funding provided under this title 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 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 inconsistent with the purposes of this 
        Act.''

                  ``TITLE IV--FUNDING AND ORGANIZATION

``SEC. 401. PROGRAM FUNDING.

    ``(a) Contracts.--
            ``(1) Authority of secretary.--In the performance of the 
        Secretary's functions under this Act, the Secretary is 
        authorized to enter into contracts with any person who 
        generates or holds title to spent nuclear fuel or high level 
        radioactive waste of domestic origin for the acceptance of 
        title and possession, transportation, interim storage, and 
disposal of such waste or spent fuel. Such contracts shall provide for 
payment of fees to the Secretary in the amounts set by the Secretary 
pursuant to paragraphs (2) and (3). Subsequent to the date of enactment 
of the Nuclear Waste Policy Act of 1995, the contracts executed under 
section 302(a) of the Nuclear Waste Policy Act of 1982 shall continue 
in effect under this Act, provided that the Secretary shall consent to 
an amendment to such contracts as necessary to implement the provisions 
of this Act.
            ``(2) Annual fees.--
                    ``(A) Electricity.--For electricity generated by 
                civilian nuclear power reactors and sold on or after 
                the date of enactment of the Nuclear Waste Policy Act 
                of 1995, the fee under paragraph (1) shall be equal to 
                1.0 mil per kilowatt hour generated and sold.
            ``(3) One-time fee.--For spent nuclear fuel or solidified 
        high-level radioactive waste derived from spent nuclear fuel, 
        which fuel was used to generate electricity in a civilian 
        nuclear power reactor prior to the application of the fee under 
        paragraph (2) to such reactor, the fee shall be the one-time 
        fee established by the Secretary pursuant to section 302(a)(3) 
        of the Nuclear Waste Policy Act of 1982, and incorporated in 
        the contracts. Payment of such one-time fee prior to the date 
        of enactment of the Nuclear Waste Policy Act of 1995 shall 
        satisfy the obligation imposed under this paragraph. Any one-
        time fee paid and collected subsequent to the date of enactment 
        of the Nuclear Waste Policy Act of 1995 pursuant to the 
        contracts, including any interest due pursuant to such 
        contracts, shall be paid to the Nuclear Waste Fund. In paying 
        such a fee, the person delivering spent nuclear fuel or high-
        level radioactive wastes derived therefrom, to the Secretary 
        shall have no further financial obligation to the Federal 
        Government for the long-term storage and permanent disposal of 
        such spent 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 license to any person to use 
                a utilization or production 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 
                        Secretary; or
                            ``(ii) the Secretary affirms in writing 
                        that such person is actively and in good faith 
                        negotiating with the Secretary for a contract 
                        under this section.
                    ``(B) Precondition.--The Commission, as it deems 
                necessary or appropriate, may require as a precondition 
                to the issuance or renewal of a license under section 
                103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C. 
                2133, 2134) that the applicant for such license shall 
                have entered into an agreement with the Secretary for 
                the 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 Secretary in 
        the repository unless the generator or owner of such spent fuel 
        or waste has entered into a contract under subsection (a) with 
        the Secretary by not later than the date on which such 
        generator 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 conditions.--(A) No spent nuclear fuel or 
        high-level radioactive waste generated or owned by any 
        department of the United States referred to in section 101 or 
        102 of title 5, United States Code, may be stored or disposed 
        of by the Secretary at an interim storage facility or 
        repository in the integrated management system developed under 
        this Act unless, each fiscal year, such department funds its 
        appropriate portion of the costs of such storage and disposal 
        as determined in the rulemaking conducted under section 403 of 
        the Nuclear Waste Policy Act of 1995.
            ``(B) No spent nuclear fuel from foreign research reactors 
        may be stored or disposed of by the Secretary at an interim 
        storage facility or repository in the integrated management 
        system developed under the Nuclear Waste Policy Act of 1995 
        unless, each fiscal year, the Federal Government pays the costs 
        associated with such storage and disposal as determined in the 
        rulemaking conducted under section 403 of the Nuclear Waste 
        Policy Act of 1995.
    ``(c) Nuclear Waste Fund.--
            ``(1) In general.--The Nuclear Waste Fund established in 
        the Treasury of the United States under section 302(c) of the 
        Nuclear Waste Policy Act of 1982 shall continue in effect under 
        this Act and shall consist of--
                    ``(A) the existing balance in the Nuclear Waste 
                Fund on the date of enactment of the Nuclear Waste 
                Policy Act of 1995; and
                    ``(B) all receipts, proceeds, and recoveries 
                realized under subsections (a), and (c)(3) subsequent 
                to the date of enactment of the Nuclear Waste Policy 
                Act of 1995, which shall be deposited in the Nuclear 
                Waste Fund immediately upon their realization.
            ``(2) Use.--The Secretary may make expenditures from the 
        Nuclear Waste Fund, subject to subsections (d) and (e), only 
        for purposes of the integrated management system.
            ``(3) Administration of nuclear waste fund.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall hold the Nuclear Waste Fund and, after 
                consultation with the Secretary, annually 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 Secretary may request the Secretary of the 
                Treasury 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 appropriate to 
                        the needs of the Nuclear Waste Fund; and
                            ``(ii) bearing interest at rates determined 
                        to be appropriate by the Secretary of the 
                        Treasury, taking into consideration the current 
                        average market yield on outstanding 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 
                        existing borrowings.
                    ``(C) Exemption.--Receipts, proceeds, and 
                recoveries realized by the Secretary under this 
                section, and expenditures of amounts from the Nuclear 
                Waste Fund, shall be exempt from annual apportionment 
                under the provisions of subchapter II of chapter 15 of 
                title 31, United States Code.
    ``(d) Prohibition on Use of Appropriations and Nuclear Waste 
Fund.--The Secretary shall not make expenditures from the Waste Fund or 
funds appropriated pursuant to section 403, in connection with the 
development of storage and transportation systems for spent nuclear 
fuel from civilian nuclear power reactors; provided that nothing herein 
is intended to prevent the Secretary from expending such funds in 
connection with the procurement from private suppliers of such storage 
and transportation systems or transportation systems that are 
compatible with contract holder facilities and the integrated 
management system.
    ``(e) Appropriations.--
            ``(1) Budget.--The Secretary shall submit the budget for 
        implementation of the Secretary's responsibilities 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 accordance with chapter 11 of title 31, United States 
        Code. The budget shall consist of the estimates made by the 
        Secretary of expenditures under this Act and other relevant 
        financial matters for the succeeding 3 fiscal years, and shall 
        be included in the budget of the United States Government. The 
        Secretary may make expenditures from the Waste Fund, subject to 
        appropriations, which shall remain available until expended. 
        Appropriations shall be subject to triennial authorization.
            ``(2) Appropriations from nuclear waste fund.--Beginning in 
        fiscal year 2006 and thereafter, funds appropriated from the 
        Nuclear Waste Fund shall not be subject to the allocations for 
        discretionary spending under section 302(a) or 602(a) of the 
        Congressional Budget Act of 1974 or the appropriations 
        committees' suballocations under section 302(b) or 602(b) of 
        such Act.

``SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

    ``(a) Continuation of the Office of Civilian Radioactive Waste 
Management.--The Office of Civilian Radioactive Waste Management 
established under section 304(a) of the Nuclear Waste Policy Act of 
1982 as constituted prior to the date of enactment of the Nuclear Waste 
Policy Act of 1995, shall continue in effect subsequent to the date of 
enactment of the Nuclear Waste Policy Act of 1995.
    ``(b) Functions of Director.--The Director of the Office shall be 
responsible for carrying out the functions of the Secretary under this 
Act, subject to the general supervision of the Secretary. The Director 
of the Office shall be directly responsible to the Secretary.

``SEC. 403. FEDERAL CONTRIBUTION.

    ``(a) Allocation.--No later than one year from the date of 
enactment of the Nuclear Waste Policy Act of 1995, acting pursuant to 
section 553 of title 5, United States Code, the Secretary shall issue a 
final rule establishing the appropriate portion of the costs of 
managing spent nuclear fuel and high-level radioactive waste under this 
Act allocable to the interim storage or permanent disposal of spent 
nuclear fuel and high-level radioactive waste from atomic energy 
defense activities and spent nuclear fuel from foreign research 
reactors. The share of costs allocable to the management of spent 
nuclear fuel and high-level radioactive waste from atomic energy 
defense activities and spent nuclear fuel from foreign research 
reactors shall include--
            ``(1) an appropriate portion of the costs associated with 
        research and development activities with respect to development 
        of an interim storage facility and repository; and
            ``(2) as appropriate, interest on the principal amounts due 
        calculated by reference to the appropriate Treasury bill rate 
        as if the payments were made at a point in time consistent with 
the payment dates for spent nuclear fuel and high-level radioactive 
waste under the contracts.
    ``(b) Appropriation Request.--In addition to any request for an 
appropriation from the Nuclear Waste Fund, the Secretary shall request 
annual appropriations from general revenues in amounts sufficient to 
pay the costs of the management of spent nuclear fuel and high-level 
radioactive waste from atomic energy defense activities as established 
under subsection (a).
    ``(c) Report.--In conjunction with the annual report submitted to 
Congress under section 702, the Secretary shall advise the Congress 
annually of the amount of spent nuclear fuel and high-level radioactive 
waste from atomic energy defense activities requiring management in the 
integrated management system.
    ``(d) Authorization.--There is authorized to be appropriated to the 
Secretary, from general revenues, for carrying out the purposes of this 
Act, such sums as may be necessary to pay the costs of the management 
of spent nuclear fuel and high-level radioactive waste from atomic 
energy defense activities as established under subsection (a).

``SEC. 404. BUDGET PRIORITIES.

    ``(a) The Secretary.--For purposes of preparing annual requests for 
appropriations for the integrated management system and allocating 
funds among competing requirements, the Secretary shall allocate funds 
to the components of the integrated management system in accordance 
with the following prioritization:
            ``(1) The licensing, construction, and operation of the 
        interim storage facility under section 205 and development of 
        the transportation capability under sections 202, 203 and 204 
        shall be accorded the highest priority.
            ``(2) The acquisition of rights of way and the construction 
        and operation of the railroad under section 201 shall be 
        accorded the next highest priority.
            ``(3) The licensing, construction, and operation of the 
        repository under section 206 shall be accorded the next highest 
        priority.
    ``(b) The Commission.--For purposes of preparing annual requests 
for appropriations from the Nuclear Waste Fund and allocating annual 
appropriations from the Nuclear Waste Fund among competing 
requirements, the Commission shall allocate funds in accordance with 
the following prioritization:
            ``(1) The issuance of regulations for and the licensing of 
        an interim storage facility under section 205 and any 
        associated storage and/or transport systems to be used in the 
        integrated management system shall be accorded the highest 
        priority.
            ``(2) The licensing of the repository under section 206 
        shall be accorded the next highest priority.

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``SEC. 501. COMPLIANCE WITH OTHER LAWS.

    ``The actions authorized by the Nuclear Waste Policy Act of 1995 
shall be governed solely in accordance with the provisions of the 
Atomic Energy Act, the Energy Reorganization Act of 1974, the Hazardous 
Materials Transportation Act, the Nuclear Waste Policy Act of 1995, and 
the regulations issued thereunder. Such activities shall not be subject 
to any other Federal, State, or local atomic energy, environmental or 
land use laws, regulations or orders including, but not limited to, 
those requiring permits, licenses, rights-of-way, certifications or 
authorizations, that would otherwise apply to such activities.

``SEC. 502. JUDICIAL REVIEW OF AGENCY ACTIONS.

    ``(a) Jurisdiction of the United States Courts of Appeals.--
            ``(1) Original and Exclusive Jurisdiction.--Except for 
        review in the Supreme Court of the United States, and except as 
        otherwise provided in this Act, the United States courts of 
        appeals shall have original and exclusive jurisdiction over any 
        civil action--
                    ``(A) for review of any final decision or action of 
                the Secretary, the President, or the Commission under 
                this Act;
                    ``(B) alleging the failure of the Secretary, the 
                President, or the Commission to make any decision, or 
                take any action, required under this Act;
                    ``(C) challenging the constitutionality of any 
                decision made, or action taken, under any provision of 
                this Act; or
                    ``(D) for review of any environmental impact 
                statement prepared or environmental assessment pursuant 
                to the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) with respect to any action under 
                this Act or alleging a failure to prepare such 
                statement with respect to any such action.
            ``(2) Venue.--The venue of any proceeding under this 
        section shall be in the judicial circuit in which the 
        petitioner involved resides or has its principal office, or in 
        the United States Court of Appeals for the District of 
        Columbia.
    ``(b) Deadline for Commencing Action.--A civil action for judicial 
review described under subsection (a)(l) may be brought no later than 
180 days after the date of the decision or action or failure to act 
involved, as the case may be, except that if a party shows that he did 
not know of the decision or action complained of (or of the failure to 
act), and that a reasonable person acting under the circumstances would 
not have known, such party may bring a civil action no later than 180 
days after the date such party acquired actual or constructive 
knowledge or such decision, action, or failure to act.
    ``(c) Application of Other Law.--The provisions of this section 
relating to any matter shall apply in lieu of the provisions of any 
other Act relating to the same manner.

``SEC. 503. LICENSING OF FACILITY EXPANSIONS AND TRANSSHIPMENTS.

    ``(a) Oral Argument.--In any Commission hearing under section 189 
of the Atomic Energy Act of 1954 (42 U.S.C. 2239) on an application for 
a license, or for an amendment to an existing license, filed after 
January 7, 1983, to expand the spent nuclear fuel storage capacity at 
the site of a civilian nuclear power reactor, through the use of high-
density fuel storage racks, fuel rod compaction, the transshipment of 
spent nuclear fuel to another civilian nuclear power reactor within the 
same utility system, the construction of additional spent nuclear fuel 
pool capacity or dry storage capacity, or by other means, the 
Commission shall, at the request of any party, provide an opportunity 
for oral argument with respect to any matter which the Commission 
determines to be in controversy among the parties. The oral argument 
shall be preceded by such discovery procedures as the rules of the 
Commission shall provide. The Commission shall require each party, 
including the Commission staff, to submit in written form, at the time 
of the oral argument, a summary of the facts, data, and arguments upon 
which such party proposes to rely that are known at such time to such 
party. Only facts and data in the form of sworn testimony or written 
submission may be relied upon by the parties during oral argument. Of 
the materials that may be submitted by the parties during oral 
argument, the Commission shall only consider those facts and data that 
are submitted in the form of sworn testimony or written submission.
    ``(b) Adjudicatory Hearing.--
            ``(1) Designation.--At the conclusion of any oral argument 
        under subsection (a), the Commission shall designate any 
        disputed question of fact, together with any remaining 
        questions of law, for resolution in an adjudicatory hearing 
        only if it determines that--
                    ``(A) there is a genuine and substantial dispute of 
                fact which can only be resolved with sufficient 
                accuracy by the introduction of evidence in an 
                adjudicatory hearing; and
                    ``(B) the decision of the Commission is likely to 
                depend in whole or in part on the resolution of such 
                dispute.
            ``(2) Determination.--In making a determination under this 
        subsection, the Commission--
                    ``(A) shall designate in writing the specific facts 
                that are in genuine and substantial dispute, the reason 
                why the decision of the agency is likely to depend on 
                the resolution of such facts, and the reason why an 
                adjudicatory hearing is likely to resolve the dispute; 
                and
                    ``(B) shall not consider--
                            ``(i) any issue relating to the design, 
                        construction, or operation of any civilian 
                        nuclear power reactor already licensed to 
                        operate at such site, or any civilian nuclear 
                        power reactor to which a construction permit 
                        has been granted at such site, unless the 
                        Commission determines that any such issue 
                        substantially affects the design, construction, 
                        or operation of the facility or activity for 
                        which such license application, authorization, 
                        or amendment is being considered; or
                            ``(ii) any siting or design issue fully 
                        considered and decided by the Commission in 
                        connection with the issuance of a construction 
                        permit or operating license for a civilian 
                        nuclear power reactor at such site, unless--
                                    ``(I) such issue results from any 
                                revision of siting or design criteria 
                                by the Commission following such 
                                decision; and
                                    ``(II) the Commission determines 
                                that such issue substantially affects 
                                the design, construction, or operation 
                                of the facility or activity for which 
                                such license application, 
                                authorization, or amendment is being 
                                considered.
            ``(3) Application.--The provisions of paragraph (2)(B) 
        shall apply only with respect to licenses, authorizations, or 
        amendments to licenses or authorizations, applied for under the 
        Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) before 
        December 31, 2005.
            ``(4) Construction.--The provisions of this section shall 
        not apply to the first application for a license or license 
        amendment received by the Commission to expand onsite spent 
        fuel storage capacity by the use of a new technology not 
        previously approved for use at any nuclear power plant by the 
        Commission.
    ``(c) Judicial Review.--No court shall hold unlawful or set aside a 
decision of the Commission in any proceeding described in subsection 
(a) because of a failure by the Commission to use a particular 
procedure pursuant to this section unless--
            ``(1) an objection to the procedure used was presented to 
        the Commission in a timely fashion or there are extraordinary 
        circumstances that excuse the failure to present a timely 
        objection; and
            ``(2) the court finds that such failure has precluded a 
        fair consideration and informed resolution of a significant 
        issue of the proceeding taken as a whole.

``SEC. 504. SITING A SECOND REPOSITORY.

    ``(a) Congressional Action Required.--The Secretary may not conduct 
site-specific activities with respect to a second repository unless 
Congress has specifically authorized and appropriated funds for such 
activities.
    ``(b) Report.--The Secretary shall report to the President and to 
Congress on or after January 1, 2007, but not later than January 1, 
2010, on the need for a second repository.

``SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE WASTE SITE 
              CLOSURE.

    ``(a) Financial Arrangements.--
            ``(1) Standards and instructions.--The Commission shall 
        establish by rule, regulation, or order, after public notice, 
        and in accordance with section 181 of the Atomic Energy Act of 
        1954 (42 U.S.C. 2231), such standards and instructions as the 
        Commission may deem necessary or desirable to ensure in the 
case of each license for the disposal of low-level radioactive waste 
that an adequate bond, surety, or other financial arrangement (as 
determined by the Commission) will be provided by a licensee to permit 
completion of all requirements established by the Commission for the 
decontamination, decommissioning, site closure, and reclamation of 
sites, structures, and equipment used in conjunction with such low-
level radioactive waste. Such financial arrangements shall be provided 
and approved by the Commission, or, in the case of sites within the 
boundaries of any agreement State under section 274 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2021), by the appropriate State or State 
entity, prior to issuance of licenses for low-level radioactive waste 
disposal or, in the case of licenses in effect on January 7, 1983, 
prior to termination of such licenses.
            ``(2) Bonding, surety, or other financial arrangements.--If 
        the Commission determines that any long-term maintenance or 
        monitoring, or both, will be necessary at a site described in 
        paragraph (1), the Commission shall ensure before termination 
        of the license involved that the licensee has made available 
        such bonding, surety, or other financial arrangements as may be 
        necessary to ensure that any necessary long-term maintenance or 
        monitoring needed for such site will be carried out by the 
        person having title and custody for such site following license 
        termination.
    ``(b) Title and Custody.--
            ``(1) Authority of secretary.--The Secretary shall have 
        authority to assume title and custody of low-level radioactive 
        waste and the land on which such waste is disposed of, upon 
        request of the owner of such waste and land and following 
        termination of the license issued by the Commission for such 
        disposal, if the Commission determines that--
                    ``(A) the requirements of the Commission for site 
                closure, decommissioning, and decontamination have been 
                met by the licensee involved and that such licensee is 
                in compliance with the provisions of subsection (a);
                    ``(B) such title and custody will be transferred to 
                the Secretary without cost to the Federal Government; 
                and
                    ``(C) Federal ownership and management of such site 
                is necessary or desirable in order to protect the 
                public health and safety, and the environment.
            ``(2) Protection.--If the Secretary assumes title and 
        custody of any such waste and land under this subsection, the 
        Secretary shall maintain such waste and land in a manner that 
        will protect the public health and safety, and the environment.
    ``(c) Special Sites.--If the low-level radioactive waste involved 
is the result of a licensed activity to recover zirconium, hafnium, and 
rare earths from source material, the Secretary, upon request of the 
owner of the site involved, shall assume title and custody of such 
waste and the land on which it is disposed when such site has been 
decontaminated and stabilized in accordance with the requirements 
established by the Commission and when such owner has made adequate 
financial arrangements approved by the Commission for the long-term 
maintenance and monitoring of such site.

``SEC. 506. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION.

    ``The Commission is authorized and directed to promulgate 
regulations, or other appropriate regulatory guidance, for the training 
and qualifications of civilian nuclear power plant operators, 
supervisors, technicians, and other appropriate operating personnel. 
Such regulations or guidance shall establish simulator training 
requirements for applicants for civilian nuclear power plant operator 
licenses and for operator requalification programs; requirements 
governing Commission administration of requalification examinations; 
requirements for operating tests at civilian nuclear power plant 
simulators, and instructional requirements for civilian nuclear power 
plant licensee personnel training programs.

``SEC. 507. ACCEPTANCE SCHEDULE.

    ``(a) The acceptance schedule shall be implemented in accordance 
with the following:
            ``(1) Acceptance priority ranking shall be determined by 
        the Department's annual acceptance priority ranking report.
            ``(2) The Secretary's spent fuel acceptance rate shall be 
        no less than the following: 1,200 MTU in 1998 and 1,200 MTU in 
        1999; 2,000 MTU in 2000 and 2000 MTU in 2001; 2,700 MTU in 
        2002; and 3,000 MTU thereafter.
    ``(b)(1) If the Secretary is unable to begin acceptance by January 
31, 1998, at the rates specified in paragraph (a), or if the cumulative 
amount accepted in any year thereafter is less than that which would 
have been accepted under the acceptance rate specified in paragraph 
(a), the Secretary shall, as a mitigation measure, adjust the 
acceptance schedule upward such that within 5 years of the start of 
acceptance by the Secretary--
            ``(A) the total quantity accepted by the Secretary is 
        consistent with the total quantity that the Secretary would 
        have accepted if the Secretary had began acceptance in 1998, 
        and
            ``(B) thereafter the acceptance rate is equivalent to the 
        rate that would be in place pursuant to paragraph (a) above if 
        the Secretary had commenced acceptance in 1998.
    ``(2) Nothing in this subsection is intended to or shall be 
construed to modify the Secretary's obligation to commence acceptance 
of spent nuclear fuel from civilian nuclear power reactors by January 
31, 1998 in accordance with paragraph (a).

``SEC. 508. SUBSEABED AND OCEAN WATER DISPOSAL.

    ``Notwithstanding any other provision of law--
            ``(1) the subseabed or ocean water disposal of spent 
        nuclear fuel or high-level radioactive waste is prohibited; and
            ``(2) no funds shall be obligated for any activity relating 
        to the subseabed or ocean water disposal of spent nuclear fuel 
        or high-level radioactive waste.

``SEC. 509. ENVIRONMENTAL REQUIREMENTS.

    ``Notwithstanding any other law or regulation, the obligations of 
the Secretary the Commission pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et.seq.) in connection with the 
siting, design, licensing, construction or operation of any component 
of the integrated management system are as set forth in this Act and no 
further actions other than those specified are required to meet the 
Secretary's or the Commission's obligations under such Act.

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``SEC. 601. DEFINITIONS.

    ``For purposes of this title--
            ``(1) Chairman.--The term `Chairman' means the Chairman of 
        the Nuclear Waste Technical Review Board.
            ``(2) Board.--The term `Board' means the Nuclear Waste 
        Technical Review Board continued under section 602.

``SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

    ``(a) Continuation of the Nuclear Waste Technical Review Board.--
The Nuclear Waste Technical Review Board, established under section 
502(a) of the Nuclear Waste Policy Act of 1982 as constituted prior to 
the date of enactment of the Nuclear Waste Policy Act of 1995, shall 
continue in effect subsequent to the date of enactment of the Nuclear 
Waste Policy Act of 1995.
    ``(b) Members.--
            ``(1) Number.--The Board shall consist of 11 members who 
        shall be appointed by the President not later than 90 days 
        after December 22, 1987, from among persons nominated by the 
        National Academy of Sciences in accordance with paragraph (3).
            ``(2) Chair.--The President shall designate a member of the 
        Board to serve as Chairman.
            ``(3) National academy of sciences.--
                    ``(A) Nominations.--The National Academy of 
                Sciences shall, not later than 90 days after December 
                22, 1987, nominate not less than 22 persons for 
                appointment of the Board from among persons who meet 
                the qualifications described in subparagraph (C).
                    ``(B) Vacancies.--The National Academy of Sciences 
                shall nominate not less than 2 persons to fill any 
                vacancy on the Board from among persons who meet the 
                qualifications described in subparagraph (C).
                    ``(C) Nominees.--
                            ``(i) Each person nominated for appointment 
                        to the Board shall be--
                                    ``(I) eminent in a field of science 
                                or engineering, including environmental 
                                sciences; and
                                    ``(II) selected solely on the basis 
                                of established records of distinguished 
                                service.
                            ``(ii) The membership of the Board shall be 
                        representatives of the broad range of 
                        scientific and engineering disciplines related 
                        to activities under this title.
                            ``(iii) No person shall be nominated for 
                        appointment to the Board who is an employee 
                        of--
                                    ``(I) the Department of Energy;
                                    ``(II) a national laboratory under 
                                contract with the Department of Energy; 
                                or
                                    ``(III) an entity performing spent 
                                nuclear fuel or high-level radioactive 
                                waste activities under contract with 
                                the Department of Energy.
            ``(4) Vacancies.--Any vacancy on the Board shall be filled 
        by the nomination and appointment process described in 
        paragraphs (1) and (3).
            ``(5) Terms.--Members of the Board shall be appointed for 
        terms of 4 years, each such term to commence 120 days after 
        December 22, 1987, except that of the 11 members first 
        appointed to the Board, 5 shall serve for 2 years and 6 shall 
        serve for 4 years, to be designated by the President at the 
        time of appointment.

``SEC. 603. FUNCTIONS.

    ``The Board shall evaluate the technical and scientific validity of 
activities undertaken by the Secretary after December 22, 1987, 
including--
            ``(1) site characterization activities; and
            ``(2) activities relating to the packaging or 
        transportation of spent nuclear fuel or high-level radioactive 
        waste.

``SEC. 604. INVESTIGATORY POWERS.

    ``(a) Hearings.--Upon request of the Chairman or a majority of the 
members of the Board, the Board may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence, 
as the Board considers appropriate. Any member of the Board may 
administer oaths or affirmations to witnesses appearing before the 
Board.
    ``(b) Production of Documents.--
            ``(1) Response to inquiries.--Upon the request of the 
        Chairman or a majority of the members of the Board, and subject 
        to existing law, the Secretary (or any contractor of the 
        Secretary) shall provide the Board with such records, files, 
        papers, data, or information as may be necessary to respond to 
        any inquiry of the Board under this title.
            ``(2) Extent.--Subject to existing law, information 
        obtainable under paragraph (1) shall not be limited to final 
        work products of the Secretary, but shall include drafts of 
        such products and documentation of work in progress.

``SEC. 605. COMPENSATION OF MEMBERS.

    ``(a) In General.--Each member of the Board shall be paid at the 
rate of pay payable for level III of the Executive Schedule for each 
day (including travel time) such member is engaged in the work of the 
Board.
    ``(b) Travel Expenses.--Each member of the Board may receive travel 
expenses, including per diem in lieu of subsidence, in the same manner 
as is permitted under sections 5702 and 5703 of title 5, United States 
Code.

``SEC. 606. STAFF.

    ``(a) Clerical Staff.--
            ``(1) Authority of chairman.--Subject to paragraph (2), the 
        Chairman may appoint and fix the compensation of such clerical 
        staff as may be necessary to discharge the responsibilities of 
        the Board.
            ``(2) Provisions of title 5.--Clerical staff shall be 
        appointed subject to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, and 
        shall be paid in accordance with the provisions of chapter 51 
        and subchapter III of chapter 3 of such title relating to 
        classification and general schedule pay rates.
    ``(b) Professional Staff.--
            ``(1) Authority of chairman.--Subject to paragraphs (2) and 
        (3), the Chairman may appoint and fix the compensation of such 
        professional staff as may be necessary to discharge the 
        responsibilities of the Board.
            ``(2) Number.--Not more than 10 professional staff members 
        may be appointed under this subsection.
            ``(3) Title 5.--Professional staff members may be appointed 
        without regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, and 
        may be paid without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and general schedule pay rates, except that no 
        individual so appointed may receive pay in excess of the annual 
        rate of basic pay payable for GS-18 of the general schedule.

``SEC. 607. SUPPORT SERVICES.

    ``(a) General Services.--To the extent permitted by law and 
requested by the Chairman, the Administrator of General Services shall 
provide the Board with necessary administrative services, facilities, 
and support on a reimbursable basis.
    ``(b) Accounting, Research, and Technology Assessment Services.--
The Comptroller General, the Librarian of Congress, and the Director of 
the Office of Technology Assessment shall, to the extent permitted by 
law and subject to the availability of funds, provide the Board with 
such facilities, support, funds and services, including staff, as may 
be necessary for the effective performance of the functions of the 
Board.
    ``(c) Additional Support.--Upon the request of the Chairman, the 
Board may secure directly from the head of any department or agency of 
the United States information necessary to enable it to carry out this 
title.
    ``(d) Mails.--The Board may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the United States.
    ``(e) Experts and Consultants.--Subject to such rules as may be 
prescribed by the Board, the Chairman may procure temporary and 
intermittent services under section 3109(b) of title 5 of the United 
States Code, but at rates for individuals not to exceed the daily 
equivalent of the maximum annual rate of basic pay payable for GS-18 of 
the General Schedule.

``SEC. 608. REPORT.

    ``The Board shall report not less than 2 times per year to Congress 
and the Secretary its findings, conclusions, and recommendations.

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for expenditures such 
sums as may be necessary to carry out the provisions of this title.

``SEC. 610. TERMINATION OF THE BOARD.

    ``The Board shall cease to exist not later than one year after the 
date on which the Secretary begins disposal of spent nuclear fuel or 
high-level radioactive waste in the repository.

                     ``TITLE VII--MANAGEMENT REFORM

``SEC. 701. MANAGEMENT REFORM INITIATIVES.

    ``(a) In General.--The Secretary is directed to take actions as 
necessary to improve the management of the civilian radioactive waste 
management program to ensure that the program is operated, to the 
maximum extent practicable, in like manner as a private business. 
Notwithstanding any other provision of law, the civilian radioactive 
waste management program is not subject to laws or regulations 
concerning the civil service as described in this title.
    ``(b) Office of Civilian Radioactive Waste Management Employees.--
            ``(1) Compensation.--The Secretary shall, without regard to 
        section 5301 of title 5, United States Code, fix the 
        compensation of the Director and the Deputy Director of Office 
        of Civilian Radioactive Waste Management. The Director shall, 
        without regard to section 5301 of title 5, United States Code, 
        fix the compensation for all other Federal employees assigned 
        to the Office of Civilian Radioactive Waste Management, define 
        their duties, and provide for a system of organization to fix 
        responsibility and promote efficiency. The Deputy Director may 
        be removed at the Director's discretion without regard to any 
        laws, rules, or regulations concerning personnel actions in the 
        Civil Service System or Senior Executive Service. Any other 
        Federal employee assigned to the Office of Civilian Radioactive 
        Waste Management may be removed at the discretion of the 
        Secretary or Director without regard to any laws, rules, or 
        regulations concerning personnel actions in the Civil Service 
        System or Senior Executive Service. The Secretary shall ensure 
        that Federal employees assigned to the Office of Civilian 
        Radioactive Waste Management are appointed, promoted, and 
        assigned on the basis of merit and fitness. Other personnel 
        actions shall be consistent with the principles of fairness and 
        due process specified in title 5 of the United States Code, but 
        without regard to those provisions of said title governing 
        appointments and other personnel actions in the competitive 
        service.
            ``(2) Application.--The provisions of paragraph (1) shall 
        not apply to Federal employees who may be, from time to time, 
        temporarily assigned to the Office of Civilian Radioactive 
        Waste Management. The use of temporary assignment of Federal 
        employees to the Office of Civilian Radioactive Waste 
        Management shall not be used in any manner to circumvent the 
        full application of the provisions in paragraph (1).
            ``(3) Transition.--The Secretary shall transition the 
        Federal employees assigned to the Office of Civilian 
        Radioactive Waste Management to the provisions of this section 
        in an orderly manner allowing for the development of the needed 
        procedures. Under no circumstances shall this transition take 
        longer than 6 months from the date of enactment of this 
        section.
            ``(4) Retention of benefits.--Federal employees assigned to 
        the Office of Civilian Radioactive Waste Management and 
        transitioned to the provisions of this section shall retain 
        employment benefits in effect immediately prior to the 
        transition date. Transitioned employees will continue in the 
        Civil Service System's retirement system.
    ``(c) Audits.--
            ``(1) Standard.--The Office of Civilian Radioactive Waste 
        Management, its contractors, and subcontractors at all tiers, 
        shall conduct, or have conducted, audits and examinations of 
        their operations in accordance with the usual and customary 
        practices of private corporations engaged in large nuclear 
        construction projects consistent with its role in the program.
            ``(2) Time.--The management practices and performances of 
        the Office of Civilian Radioactive Waste Management shall be 
        audited every 5 years by an independent management consulting 
        firm with significant experience in similar audits of private 
        corporations engaged in large nuclear construction projects. 
        The first such audit shall be conducted 5 years after the 
        enactment of the Nuclear Waste Policy Act of 1995.
            ``(3) Comptroller general.--The Comptroller General of the 
        United States shall annually make an audit of the Office, in 
        accordance with such regulations as the Comptroller General may 
        prescribe. The Comptroller General shall have access to such 
        books, records, accounts, and other materials of the Office as 
        the Comptroller General determines to be necessary for the 
        preparation of such audit. The Comptroller General shall submit 
        to the Congress a report on the results of each audit conducted 
        under this section.
            ``(4) Time.--No audit contemplated by this subsection shall 
        take longer than 30 days to conduct. An audit report shall be 
        issued in final form no longer than 60 days after the audit is 
        commenced.
            ``(5) Public documents.--All audit reports shall be public 
        documents and available to any individual upon request.
    ``(d) Value Engineering.--The Secretary shall create a value 
engineering function within the Office of Civilian Radioactive Waste 
Management that reports directly to the Director, which shall carry out 
value engineering functions in accordance with the usual and customary 
practices of private corporations engaged in large nuclear construction 
projects.
    ``(e) Site Characterization.--The Secretary shall employ, on an 
ongoing basis, integrated performance modeling to identify appropriate 
parameters for the remaining site characterization effort and to 
eliminate studies of parameters that are shown not to affect long-term 
repository performance.

``SEC. 702. REPORTING.

    ``(a) Initial Report.--Within 180 days of enactment of this 
section, the Secretary shall report to Congress on its planned actions 
for implementing the provisions of this Act, including the development 
of the Integrated Waste Management System. Such report shall include--
            ``(1) an analysis of the Secretary's progress in meeting 
        its statutory and contractual obligation to accept title to, 
        possession of, and delivery of spent nuclear fuel and high-
        level radioactive waste beginning no later than January 31, 
        1998, and in accordance with the acceptance schedule;
            ``(2) a detailed schedule and timeline showing each action 
        that the Secretary intends to take to meet the Secretary's 
        obligations under this Act and the contracts;
            ``(3) a detailed description of the Secretary's contingency 
        plans in the event that the Secretary is unable to meet the 
        planned schedule and timeline; and
            ``(4) an analysis by the Secretary of its funding needs for 
        fiscal years 1996 through 2001.
    ``(b) Annual Reports.--On each anniversary of the submittal of the 
report required by subsection (a), the Secretary shall make annual 
reports to the Congress for the purpose of updating the information 
contained in such report. The annual reports shall be brief and shall 
notify the Congress of--
            ``(1) any modifications to the Secretary's schedule and 
        timeline for meeting its obligations under this Act;
            ``(2) the reasons for such modifications, and the status of 
        the implementation of any of the Secretary's contingency plans; 
        and
            ``(3) the Secretary's analysis of its funding needs for the 
        ensuing 5 fiscal years.
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