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





                                                       Calendar No. 360

104th CONGRESS

  2d Session

                                S. 1271

                          [Report No. 104-248]

_______________________________________________________________________

                                 A BILL

             To amend the Nuclear Waste Policy Act of 1982.

_______________________________________________________________________

                             March 29, 1996

                       Reported with an amendment





                                                       Calendar No. 360
104th CONGRESS
  2d Session
                                S. 1271

                          [Report No. 104-248]

             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, Mr. Kyl, Mr. Cochran, Mr. Bond, Mr. Santorum, Mr. Thurmond, 
  Mr. Warner, Mr. Simpson, Mrs. Kassebaum, Mr. Mack, Mr. Thomas, Mr. 
  Pressler, Mr. Smith, Mr. Heflin, Mr. Helms, Mr. Lott, Mr. Robb, Mr. 
 Levin, Mr. Coverdell, Mr. Nunn, Mr. Shelby, and Mr. Grams) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Energy and Natural Resources

                             March 29, 1996

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,
<DELETED>That the Nuclear Waste Policy Act of 1982 is amended to read 
as follows:</DELETED>

<DELETED>``SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.</DELETED>

<DELETED>    ``(a) Short Title.--This Act may be cited as the `Nuclear 
Waste Policy Act of 1995'.</DELETED>
<DELETED>    ``(b) Table of Contents.--</DELETED>

<DELETED>``Sec. 1. Short title and table of contents.
<DELETED>``Sec. 2. Definitions.
<DELETED>``Sec. 3. Findings and purposes.
                    <DELETED>``TITLE I--OBLIGATIONS

<DELETED>``Sec. 101. Obligations of the Secretary of Energy.
  <DELETED>``TITLE II--INTEGRATED SPENT NUCLEAR FUEL MANAGEMENT SYSTEM

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

<DELETED>``Sec. 301. Financial assistance.
<DELETED>``Sec. 302. State consultations.
<DELETED>``Sec. 303. Benefits agreements.
<DELETED>``Sec. 304. Content of agreements.
<DELETED>``Sec. 305. Review panel.
<DELETED>``Sec. 306. Consideration in siting facilities.
<DELETED>``Sec. 307. Acceptance of benefits.
<DELETED>``Sec. 308. Restriction on use of funds.
             <DELETED>``TITLE IV--FUNDING AND ORGANIZATION

<DELETED>``Sec. 401. Program funding.
<DELETED>``Sec. 402. Office of Civilian Radioactive Waste Management.
<DELETED>``Sec. 403. Federal contribution.
<DELETED>``Sec. 404. Budget priorities.
        <DELETED>``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

<DELETED>``Sec. 501. Compliance with other laws.
<DELETED>``Sec. 502. Judicial review of agency actions.
<DELETED>``Sec. 503. Licensing of facility expansions and 
                            transshipments.
<DELETED>``Sec. 504. Siting a second repository.
<DELETED>``Sec. 505. Financial arrangements for low-level radioactive 
                            waste site closure.
<DELETED>``Sec. 506. Nuclear Regulatory Commission training authority.
<DELETED>``Sec. 507. Acceptance schedule.
<DELETED>``Sec. 508. Subseabed or ocean water disposal.
<DELETED>``Sec. 509. Environmental requirements.
       <DELETED>``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

<DELETED>``Sec. 601. Definitions.
<DELETED>``Sec. 602. Nuclear Waste Technical Review Board.
<DELETED>``Sec. 603. Functions.
<DELETED>``Sec. 604. Investigatory powers.
<DELETED>``Sec. 605. Compensation of members.
<DELETED>``Sec. 606. Staff.
<DELETED>``Sec. 607. Support services.
<DELETED>``Sec. 608. Report.
<DELETED>``Sec. 609. Authorization of appropriations.
<DELETED>``Sec. 610. Termination of the Board.
                <DELETED>``TITLE VII--MANAGEMENT REFORM

<DELETED>``Sec. 701. Management reform initiatives.
<DELETED>``Sec. 702. Reporting.

<DELETED>``SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    ``For purposes of this Act:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Affected indian tribe.--The term `affected 
        Indian tribe' means any Indian tribe--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) Naval reactors 
                development.</DELETED>
                <DELETED>    ``(B) Weapons activities including defense 
                inertial confinement fusion.</DELETED>
                <DELETED>    ``(C) Verification and control 
                technology.</DELETED>
                <DELETED>    ``(D) Defense nuclear materials 
                production.</DELETED>
                <DELETED>    ``(E) Defense nuclear waste and materials 
                byproducts management.</DELETED>
                <DELETED>    ``(F) Defense nuclear materials security 
                and safeguards and security investigations.</DELETED>
                <DELETED>    ``(G) Defense research and 
                development.</DELETED>
        <DELETED>    ``(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)).</DELETED>
        <DELETED>    ``(7) Commission.--The term `Commission' means the 
        Nuclear Regulatory Commission.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(9) Contract holders.--The term `contract 
        holders' means parties (other than the Secretary) to 
        contracts.</DELETED>
        <DELETED>    ``(10) Department.--The Term `Department' means 
        the Department of Energy.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(14) High-level radioactive waste.--The term 
        `high-level radioactive waste' means--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(15) Federal agency.--The term `Federal agency' 
        means any executive agency, as defined in section 105 of title 
        5, United States Code.</DELETED>
        <DELETED>    ``(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)).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(20) Low-level radioactive waste.--The term 
        `low-level radioactive waste' means radioactive material that--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the Commission, consistent with 
                existing law, classifies as low-level radioactive 
                waste.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(26) Secretary.--The term `Secretary' means the 
        Secretary of Energy.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 3. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    ``(a) Findings.--The Congress finds that--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) deficit-control measures designed to limit 
        appropriation of general revenues have limited the availability 
        of the Nuclear Waste Fund for its intended purposes.</DELETED>
<DELETED>    ``(b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>

               <DELETED>``TITLE I--OBLIGATIONS</DELETED>

<DELETED>``SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.</DELETED>

<DELETED>    ``(a) Disposal.--The Secretary shall develop and operate a 
repository for the permanent geologic disposal of spent nuclear fuel 
and high-level radioactive waste.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

      <DELETED>``TITLE II--INTEGRATED MANAGEMENT SYSTEM</DELETED>

<DELETED>``SEC. 201. RAILROAD.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Route Designation.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Notice and description.--Within 6 months of 
        the date of the enactment of the Nuclear Waste Policy Act of 
        1995, the Secretary shall--</DELETED>
                <DELETED>    ``(A) publish in the Federal Register a 
                notice containing a legal description of the corridor; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Withdrawal and Reservation.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Administrative jurisdiction.--Administrative 
        jurisdiction of such land is transferred from the Secretary of 
        the Interior to the Secretary.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) National Environmental Policy Act.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 202. INTERMODAL TRANSFER.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Acquisitions.--The Secretary shall acquire lands and 
rights-of-way necessary to commence intermodal transfer at Caliente, 
Nevada.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Notice and Map.--Within 6 months of the date of 
enactment of the Nuclear Waste Policy Act of 1995, the Secretary 
shall--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 203. TRANSPORTATION PLANNING.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 204. TRANSPORTATION REQUIREMENTS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 205. INTERIM STORAGE.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Design.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Licensing.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Additional Authority.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) spent nuclear fuel from foreign 
                research reactors, as necessary to promote 
                nonproliferation objectives; and</DELETED>
                <DELETED>    ``(C) spent nuclear fuel, including spent 
                nuclear fuel from naval reactors, and high-level 
                radioactive waste from atomic energy defense 
                activities.</DELETED>
<DELETED>    ``(e) National Environmental Policy Act of 1969.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Environmental impact statement.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) shall ensure that the scope 
                        of the Environmental Impact Statement is 
                        consistent with the scope of the licensing 
                        action; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Considerations.--Such environmental 
                impact statement shall not consider--</DELETED>
                        <DELETED>    ``(i) the need for the interim 
                        storage facility, including any individual 
                        component thereof;</DELETED>
                        <DELETED>    ``(ii) the time of the initial 
                        availability of the interim storage 
                        facility;</DELETED>
                        <DELETED>    ``(iii) any alternatives to the 
                        storage of spent nuclear fuel and high-level 
                        radioactive waste at the interim storage 
                        facility;</DELETED>
                        <DELETED>    ``(iv) any alternatives to the 
                        site of the facility as designated by the 
                        Secretary in accordance with subsection 
                        (a);</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 206. PERMANENT DISPOSAL.</DELETED>

<DELETED>    ``(a) Site Characterization.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) in conformity with the Secretary's 
                application, the provisions of this Act, and the 
                regulations of the Commission;</DELETED>
                <DELETED>    ``(B) without unreasonable risk to the 
                health and safety of the public; and</DELETED>
                <DELETED>    ``(C) consistent with the common defense 
                and security.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) in conformity with the Secretary's 
                application, the provisions of this Act, and the 
                regulations of the Commission;</DELETED>
                <DELETED>    ``(B) without unreasonable risk to the 
                health and safety of the public; and</DELETED>
                <DELETED>    ``(C) consistent with the common defense 
                and security.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) in conformity with the Secretary's 
                application to amend the license, the provisions of 
                this Act, and the regulations of the 
                Commission;</DELETED>
                <DELETED>    ``(B) without unreasonable risk to the 
                health and safety of the public; and</DELETED>
                <DELETED>    ``(C) consistent with the common defense 
                and security.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) breaching the repository's 
                engineered or geologic barriers; or</DELETED>
                <DELETED>    ``(B) increasing the exposure of 
                individual members of the public to radiation beyond 
                the release standard established in subsection 
                (d)(1).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Standard.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Application of overall system 
                performance standard.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) prevent any human activity at the 
                site that poses an unreasonable risk of breaching the 
                repository's engineered or geologic barriers; 
                and</DELETED>
                <DELETED>    ``(B) prevent any increase in the exposure 
                of individual members of the public to radiation beyond 
                allowable limits as specified in paragraph 
                (1).</DELETED>
<DELETED>    ``(e) National Environmental Policy Act.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 207. LAND WITHDRAWAL.</DELETED>

<DELETED>    ``(a) Withdrawal and Reservation.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Land Description.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Notice and maps.--Within 6 months of the 
        date of the enactment of the Nuclear Waste Policy Act of 1995, 
        the Secretary shall--</DELETED>
                <DELETED>    ``(A) publish in the Federal Register a 
                notice containing a legal description of the interim 
                storage facility site; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Notice and maps.--Concurrent with the 
        Secretary's application to the Commission for authority to 
        construct the repository, the Secretary shall--</DELETED>
                <DELETED>    ``(A) publish in the Federal Register a 
                notice containing a legal description of the Yucca 
                Mountain site; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>

       <DELETED>``TITLE III--STATE AND LOCAL RELATIONS</DELETED>

<DELETED>``SEC. 301. FINANCIAL ASSISTANCE.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) to develop a request for impact assistance 
        under subsection (c);</DELETED>
        <DELETED>    ``(3) to engage in any monitoring, testing, or 
        evaluation activities with regard to such site;</DELETED>
        <DELETED>    ``(4) to provide information to Nevada residents 
        regarding any activities of such State, the Secretary, or the 
        Commission with respect to such site; and</DELETED>
        <DELETED>    ``(5) to request information from, and make 
        comments and recommendations to, the Secretary regarding any 
        activities taken with respect to such site.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Financial and Technical Assistance.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Other Assistance.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Termination.--Such grants shall continue 
        until such time as all such activities, development, and 
        operations are terminated at such site.</DELETED>
        <DELETED>    ``(3) Assistance to nevada and units of local 
        government.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 302. STATE CONSULTATION.</DELETED>

<DELETED>    ``(a) Provision of Information.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 303. BENEFITS AGREEMENTS.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Termination.--The Secretary shall terminate an 
agreement under subsection (a) if any element of the integrated 
management system may not be completed.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Judicial Review.--Decisions of the Secretary under 
this section are not subject to judicial review.</DELETED>

<DELETED>``SEC. 304. CONTENT OF AGREEMENTS.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(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:</DELETED>

                            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 
------------------------------------------------------------------------

        <DELETED>    ``(2) Definitions.--For purposes of this section, 
        the term--</DELETED>
                <DELETED>    ``(A) `spent fuel' means high-level 
                radioactive waste or spent nuclear fuel; and</DELETED>
                <DELETED>    ``(B) `first spent fuel receipt' does not 
                include receipt of spent fuel or high-level radioactive 
                waste for purposes of testing or operational 
                demonstration.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 
        </DELETED>\<DELETED>1/12</DELETED>\ <DELETED>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).</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(7) Transfers.--</DELETED>
                <DELETED>    ``(A) Units of local government.--Any 
                State receiving a payment under this section shall 
                transfer an amount equal to not less than 
                </DELETED>\<DELETED>1/3</DELETED>\ <DELETED>of the 
                amount of such payment to affected units of local 
                government of such State.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Contents.--A benefits agreement under section 303 
shall provide that--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 305. REVIEW PANEL.</DELETED>

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

<DELETED>``SEC. 306. CONSIDERATION IN SITING FACILITIES.</DELETED>

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

<DELETED>``SEC. 307. ACCEPTANCE OF BENEFITS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 308. RESTRICTIONS ON USE OF FUNDS.</DELETED>

<DELETED>    ``None of the funding provided under this title may be 
used--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) for litigation purposes; and</DELETED>
        <DELETED>    ``(3) to support multistate efforts or other 
        coalition-building activities inconsistent with the purposes of 
        this Act.''</DELETED>

        <DELETED>``TITLE IV--FUNDING AND ORGANIZATION</DELETED>

<DELETED>``SEC. 401. PROGRAM FUNDING.</DELETED>

<DELETED>    ``(a) Contracts.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Annual fees.--</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Advance Contracting Requirement.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) such person has entered into 
                        a contract under subsection (a) with the 
                        Secretary; or</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Nuclear Waste Fund.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the existing balance in the Nuclear 
                Waste Fund on the date of enactment of the Nuclear 
                Waste Policy Act of 1995; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Administration of nuclear waste fund.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) having maturities determined 
                        by the Secretary of the Treasury to be 
                        appropriate to the needs of the Nuclear Waste 
                        Fund; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Appropriations.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE 
              MANAGEMENT.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 403. FEDERAL CONTRIBUTION.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>

<DELETED>``SEC. 404. BUDGET PRIORITIES.</DELETED>

<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) The licensing, construction, and operation 
        of the repository under section 206 shall be accorded the next 
        highest priority.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) The licensing of the repository under 
        section 206 shall be accorded the next highest 
        priority.</DELETED>

   <DELETED>``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS</DELETED>

<DELETED>``SEC. 501. COMPLIANCE WITH OTHER LAWS.</DELETED>

<DELETED>    ``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.</DELETED>

<DELETED>``SEC. 502. JUDICIAL REVIEW OF AGENCY ACTIONS.</DELETED>

<DELETED>    ``(a) Jurisdiction of the United States Courts of 
Appeals.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) for review of any final decision or 
                action of the Secretary, the President, or the 
                Commission under this Act;</DELETED>
                <DELETED>    ``(B) alleging the failure of the 
                Secretary, the President, or the Commission to make any 
                decision, or take any action, required under this 
                Act;</DELETED>
                <DELETED>    ``(C) challenging the constitutionality of 
                any decision made, or action taken, under any provision 
                of this Act; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 503. LICENSING OF FACILITY EXPANSIONS AND 
              TRANSSHIPMENTS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Adjudicatory Hearing.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the decision of the Commission is 
                likely to depend in whole or in part on the resolution 
                of such dispute.</DELETED>
        <DELETED>    ``(2) Determination.--In making a determination 
        under this subsection, the Commission--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) shall not consider--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) such issue results 
                                from any revision of siting or design 
                                criteria by the Commission following 
                                such decision; and</DELETED>
                                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 504. SITING A SECOND REPOSITORY.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE 
              WASTE SITE CLOSURE.</DELETED>

<DELETED>    ``(a) Financial Arrangements.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Title and Custody.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(B) such title and custody will be 
                transferred to the Secretary without cost to the 
                Federal Government; and</DELETED>
                <DELETED>    ``(C) Federal ownership and management of 
                such site is necessary or desirable in order to protect 
                the public health and safety, and the 
                environment.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 506. NUCLEAR REGULATORY COMMISSION TRAINING 
              AUTHORIZATION.</DELETED>

<DELETED>    ``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.</DELETED>

<DELETED>``SEC. 507. ACCEPTANCE SCHEDULE.</DELETED>

<DELETED>    ``(a) The acceptance schedule shall be implemented in 
accordance with the following:</DELETED>
        <DELETED>    ``(1) Acceptance priority ranking shall be 
        determined by the Department's annual acceptance priority 
        ranking report.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>

<DELETED>``SEC. 508. SUBSEABED AND OCEAN WATER DISPOSAL.</DELETED>

<DELETED>    ``Notwithstanding any other provision of law--</DELETED>
        <DELETED>    ``(1) the subseabed or ocean water disposal of 
        spent nuclear fuel or high-level radioactive waste is 
        prohibited; and</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 509. ENVIRONMENTAL REQUIREMENTS.</DELETED>

<DELETED>    ``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.</DELETED>

  <DELETED>``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD</DELETED>

<DELETED>``SEC. 601. DEFINITIONS.</DELETED>

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

<DELETED>``SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Members.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Chair.--The President shall designate a 
        member of the Board to serve as Chairman.</DELETED>
        <DELETED>    ``(3) National academy of sciences.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(C) Nominees.--</DELETED>
                        <DELETED>    ``(i) Each person nominated for 
                        appointment to the Board shall be--</DELETED>
                                <DELETED>    ``(I) eminent in a field 
                                of science or engineering, including 
                                environmental sciences; and</DELETED>
                                <DELETED>    ``(II) selected solely on 
                                the basis of established records of 
                                distinguished service.</DELETED>
                        <DELETED>    ``(ii) The membership of the Board 
                        shall be representatives of the broad range of 
                        scientific and engineering disciplines related 
                        to activities under this title.</DELETED>
                        <DELETED>    ``(iii) No person shall be 
                        nominated for appointment to the Board who is 
                        an employee of--</DELETED>
                                <DELETED>    ``(I) the Department of 
                                Energy;</DELETED>
                                <DELETED>    ``(II) a national 
                                laboratory under contract with the 
                                Department of Energy; or</DELETED>
                                <DELETED>    ``(III) an entity 
                                performing spent nuclear fuel or high-
                                level radioactive waste activities 
                                under contract with the Department of 
                                Energy.</DELETED>
        <DELETED>    ``(4) Vacancies.--Any vacancy on the Board shall 
        be filled by the nomination and appointment process described 
        in paragraphs (1) and (3).</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 603. FUNCTIONS.</DELETED>

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

<DELETED>``SEC. 604. INVESTIGATORY POWERS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Production of Documents.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 605. COMPENSATION OF MEMBERS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 606. STAFF.</DELETED>

<DELETED>    ``(a) Clerical Staff.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Professional Staff.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Number.--Not more than 10 professional staff 
        members may be appointed under this subsection.</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 607. SUPPORT SERVICES.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 608. REPORT.</DELETED>

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

<DELETED>``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

<DELETED>``SEC. 610. TERMINATION OF THE BOARD.</DELETED>

<DELETED>    ``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.</DELETED>

           <DELETED>``TITLE VII--MANAGEMENT REFORM</DELETED>

<DELETED>``SEC. 701. MANAGEMENT REFORM INITIATIVES.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Office of Civilian Radioactive Waste Management 
Employees.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Audits.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Public documents.--All audit reports shall 
        be public documents and available to any individual upon 
        request.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 702. REPORTING.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) an analysis by the Secretary of its funding 
        needs for fiscal years 1996 through 2001.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) any modifications to the Secretary's 
        schedule and timeline for meeting its obligations under this 
        Act;</DELETED>
        <DELETED>    ``(2) the reasons for such modifications, and the 
        status of the implementation of any of the Secretary's 
        contingency plans; and</DELETED>
        <DELETED>    ``(3) the Secretary's analysis of its funding 
        needs for the ensuing 5 fiscal years.</DELETED>
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 1996'.
    ``(b) Table of Contents.--

``Sec 1. Short title and table of contents.
``Sec 2. Definitions.

                         ``TITLE I--OBLIGATIONS

``Sec 101. Obligations of the Secretary of Energy.

      ``TITLE II--INTEGRATED SPENT NUCLEAR FUEL MANAGEMENT SYSTEM

``Sec 201. Intermodal transfer.
``Sec 202. Transportation planning.
``Sec 203. Transportation requirements.
``Sec 204. Interim storage.
``Sec 205. Permanent repository.
``Sec 206. Land withdrawal.
``Sec 207. Permanent disposal alternatives.

                 ``TITLE III--FUNDING AND ORGANIZATION

``Sec 301. Program funding.
``Sec 302. Office of Civilian Radioactive Waste Management.
``Sec 303. Federal contribution.
``Sec 304. Budget priorities.

            ``TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS

``Sec 401. Compliance with other laws.
``Sec 402. Judicial review of agency actions.
``Sec 403. Licensing of facility expansions and transshipments.
``Sec 404. Siting a second repository.
``Sec 405. Financial arrangements for low-level radioactive waste site 
                            closure.
``Sec 406. Nuclear Regulatory Commission training authority.
``Sec 407. Emplacement schedule.
``Sec 408. Emergency relief.
``Sec 409. Transfer of title.
``Sec 410. Environmental Requirements.

            ``TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``Sec 501. Definitions.
``Sec 502. Nuclear Waste Technical Review Board.
``Sec 503. Functions.
``Sec 504. Investigatory powers.
``Sec 505. Compensation of members.
``Sec 506. Staff.
``Sec 507. Support services.
``Sec 508. Report.
``Sec 509. Authorization of appropriations.
``Sec 510. Termination of the board.

``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) 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 material security and 
                safeguards and security investigations.
                    ``(G) Defense research and development.
            ``(3) Civilian nuclear power reactor.--1The 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)).
            ``(4) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(5) Contracts.--The term `contracts' means the contracts, 
        executed prior to the date of enactment of the Nuclear Waste 
        Policy Act of 1996, 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 301(a) 
        of this Act.''
            ``(6) Contract holders.--The term `contract holders' means 
        parties (other than the Secretary) to contracts.
            ``(7) Department.--The term `Department' means the 
        Department of Energy.
            ``(8) 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.
            ``(9) Disposal system.--The term `disposal system' means 
        all natural barriers and engineered barriers, and engineered 
        systems and components, that prevent the release of 
        radionuclides from the repository.
            ``(10) Emplacement schedule.--The term `emplacement 
        schedule' means the schedule established by the Secretary in 
        accordance with section 407(a) for emplacement of spent nuclear 
        fuel and high-level radioactive waste at the interim storage 
        facility.
            ``(11) Engineered barriers and engineered systems 
and components.--The terms `engineered barriers' and `engineered 
systems and components,' mean man-made components of a disposal system. 
These terms include the spent nuclear fuel or high-level radioactive 
waste form, spent nuclear fuel package or high-level radioactive waste 
package, and other material placed over and around such packages.
            ``(12) 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 any 
                low-level radioactive waste with concentrations of 
                radionuclides that exceed the limits established by the 
                Commission for class C radioactive waste, as defined by 
                section 61.55 of title 10, Code of Federal Regulations, 
                as in effect on January 26, 1983.
            ``(13) Federal agency.--The term `Federal agency' means any 
        Executive agency, as defined in section 105 of title 5, United 
        States Code.
            ``(14) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other 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)).
            ``(15) 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 under title 
        II of this Act.
            ``(16) Interim storage facility.--The term `interim storage 
        facility' means a facility designed and constructed for the 
        receipt, handling, possession, safeguarding, and storage of 
        spent nuclear fuel and high-level radioactive waste in 
        accordance with title II of this Act.
            ``(17) Interim storage facility site.--The term `interim 
        storage facility site' means the specific site within area 25 
        of the Nevada Test Site that is designated by the Secretary and 
        withdrawn and reserved in accordance with this Act for the 
        location of the interim storage facility.
            ``(18) Low-level radioactive waste.--The term `low-level 
        radioactive waste' means radioactive material that--
                    ``(A) is not spent nuclear fuel, high-level 
                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.
            ``(19) 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.
            ``(20) 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.
            ``(21) 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.
            ``(22) Program approach.--The term `program approach' means 
        the Civilian Radioactive Waste Management Program Plan, dated 
        December 19, 1994, as modified by this Act, and as amended from 
        time to time by the Secretary in accordance with this Act.
            ``(23) Repository.--The term `repository' means a system 
        designed and constructed under title II of this Act for the 
        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.
            ``(24) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(25) 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 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.
            ``(26) Spent nuclear fuel.--The term `spent nuclear fuel' 
        means fuel that has been withdrawn from a nuclear reactor 
        following irradiation, the consistent elements of which have 
        not been separated by reprocessing.
            ``(27) Storage.--The term `storage' means retention of 
        spent nuclear fuel or high-level radioactive waste with the 
        intent to recover such waste or fuel for subsequent use, 
D11/ processing, or disposal.
            ``(28) Withdrawal.--The term `withdrawal' has the same 
        definition as that set forth in section 103(j) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702(j)).
            ``(29) Yucca mountain site.--The term `Yucca Mountain site' 
        means the area in the State of Nevada that is withdrawn and 
        reserved in accordance with this Act for the location of a 
        repository.

                         ``TITLE I--OBLIGATIONS

``SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.

    ``(a) Disposal.--The Secretary shall develop and operate an 
integrated management system for the storage and permanent disposal of 
spent nuclear fuel and high-level radioactive waste.
    ``(b) Interim Storage.--The Secretary shall store spent nuclear 
fuel and high-level radioactive waste from facilities designated by 
contract holders for storage at an interim storage facility pursuant to 
section 204 in accordance with the emplacement schedule, beginning not 
later than November 30, 1999.
    ``(c) Transportation.--The Secretary shall provide for the 
transportation of spent nuclear fear 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.
    ``(e) Private Sector Participation.--In administering the 
Integrated Spent Nuclear Fuel Management System, the Secretary shall, 
to the maximum extent possible, utilize, employ, procure and contract 
with, the private sector to fulfill the Secretary's obligations and 
requirements under this Act.
    ``(f) Pre-Existing Rights.--Nothing in this Act is intended to or 
shall be construed to modify--
            ``(1) any right of a contract holder under section 302(a) 
        of the Nuclear Waste Policy Act of 1982, or under a contract 
        executed prior to the date of enactment of this Act under this 
        section; or
            ``(2) obligations imposed upon the Federal Government by 
        the United States District Court of Idaho in an order entered 
        on October 17, 1995 in United States v. Batt (No. 91-0054-S-
        EJL).
    ``(g) Liability.--Subject to any valid existing right under 
subsection (f), nothing in this Act shall be construed to subject the 
United States to financial liability for the Secretary's failure to 
meet any deadline for the acceptance or emplacement of spent nuclear 
fuel or high-level radioactive waste for storage or disposal under this 
Act.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

``SEC. 201. INTERMODAL TRANSFER.

    ``(a) Access.--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 November 30, 1999. 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 along the ``Chalk Mountain Heavy Haul Route'' depicted on the 
map dated March 13, 1996, and on file with the Secretary, 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 within Lincoln County, Nevada, as required to 
facilitate replacement of land and city wastewater disposal facilities 
necessary to commence intermodal transfer pursuant to this Act. 
Replacement of land and city wastewater disposal activities shall occur 
no later than November 30, 1999.
    ``(e) Notice and Map.--Within 6 months of the date of enactment of 
the Nuclear Waste Policy act of 1996, 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 for 
purposes of judicial review. 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.
    ``(i) Benefits Agreement.--
            ``(1) In general.--The Secretary shall offer to enter into 
        an agreement with Lincoln County, Nevada concerning the 
        integrated management system.
            ``(2) Agreement content.--Any agreement shall contain such 
        terms and conditions, including such financial and 
        institutional arrangements, as the Secretary and agreement 
        entity determine to be reasonable and appropriate and shall 
        contain such provisions as are necessary to preserve any right 
        to participation or compensation of Lincoln County, Nevada.
            ``(3) Amendment.--An agreement entered into under this 
        subsection may be amended only with the mutual consent of the 
        parties to the amendment and terminated only in accordance with 
        paragraph (4).
            ``(4) Termination.--The Secretary shall terminate the 
        agreement under this subsection if any major element of the 
        integrated management system may not be completed.
            ``(5) Limitation.--Only 1 agreement may be in effect at any 
        one time.
            ``(6) Judicial review.--Decisions of the Secretary under 
        this section are not subject to judicial review.
    ``(j) Content of Agreement.--
            ``(1) Schedule.--In addition to the benefits to which 
        Lincoln County is entitled to under this title, the Secretary 
        shall make payments under the benefits agreement in accordance 
        with the following schedule:

                            BENEFITS SCHEDULE                           
                          (amounts in millions)                         
------------------------------------------------------------------------
                           Event                               Payment  
------------------------------------------------------------------------
(A) Annual Payments prior to first receipt of spent fuel..          $2.5
(B) Annual payments beginning upon first spent fuel                     
 receipt..................................................          $5  
(C) Payment upon closure of the intermodal transfer                     
 facility.................................................          $5  
------------------------------------------------------------------------

            ``(2) Definitions.--For purposes of this section, the 
        term--
                    ``(A) `spent fuel' means high-level radioactive 
                waste or spent nuclear fuel; and
                    ``(B) `first spent fuel receipt' does not include 
                receipt of spent fuel or high-level radioactive waste 
                for 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 under paragraph 
(1)(A).
            ``(5) Restrictions.--The Secretary may not restrict the 
        purposes for which the payments under this section may be used.
            ``(6) Dispute.--In the event of a dispute concerning such 
        plan, the Secretary shall resolve such dispute, consistent with 
        this Act and applicable State law.
            ``(7) Construction.--The signature of the Secretary on a 
        valid benefits agreement under this section shall constitute a 
        commitment by the United States to make payments in accordance 
        with such agreements under section 301(c)(2).
    ``(k) Initial Land Conveyances.--
            ``(1) Conveyances of public lands.--One hundred and twenty 
        days after enactment of this Act, all right, title and interest 
        of the United States in the property described in paragraph 
        (2), and improvements thereon, together with all necessary 
        easements for utilities and ingress and egress to such 
        property, including, but not limited to, the right to improve 
        those easements, are conveyed by operation of law to the County 
        of Lincoln, Nevada, except that any lands conveyed to the 
        County of Lincoln under this subsection that are subject to a 
        Federal grazing permit or lease or a similar federally granted 
        permit or lease shall be conveyed between 60 and 120 days of 
        the earliest time the Federal agency administering or granting 
        the permit or lease would be able to legally terminate such 
        time under the statutes and regulations existing at the date of 
        enactment of this Act, unless Lincoln County and the affected 
        holder of the permit or lease negotiate an agreement that 
        allows for an earlier conveyance.
            ``(2) Special conveyances.--Notwithstanding any other law, 
        the following public lands shall be conveyed under paragraph 
        (1) to the County of Lincoln, Nevada:
                    ``(A) Lincoln County, Parcel B, Community Expansion 
                Area:

----------------------------------------------------------------------------------------------------------------
      Township             Range             Mer.        Sec.                 Subdivision                 Acres 
----------------------------------------------------------------------------------------------------------------
4S.                   67E.             MDM                  5  E\1/2\NE\1/4\, W\1/2\NW\1/4\, NW\1/           320
                                                                4\SW\1/4\, E\1/2\SE\1/4\, SW\1/4\SE\1/          
                                                                4\                                              
                      ...............  ...............      6  NE\1/4\                                       160
                      ...............  ...............      7  N\1/2\NW\1/4\, SW\1/4\NW\1/4\, W\1/           200
                                                                2\SW\1/4\.                                      
                      ...............  ...............      8  S\1/2\SE\1/4\.                                 80
                      ...............  ...............      9  SW\1/4\, W\1/2\SE\1/4\, SE\1/4\SE\1/4\,     302.5
                                                                W\1/2\NE\1/4\SE\1/4\, E\1/2\SW\1/4\NE\1/        
                                                                4\SE\1/4\                                       
                      ...............  ...............      9  N\1/2\N\1/2\                                  160
                      ...............  ...............     17  NE\1/4\, S\1/2\NW\1/4\                        240
                      ...............  ...............     18  SE\1/4\NE\1/4\                                 40
4S.                   66 E.            MDM                 12  S\1/2\NE\1/4\, SE\1/4\                        240
                      ...............  ...............     13  NE\1/4\, NW\1/4\SE\1/4\.                      200
                                                                                                        --------
                                                                 Total                                   1,942.5
----------------------------------------------------------------------------------------------------------------

                    ``(B) Lincoln County, Parcel E, Pioche Community 
                Expansion Area:

----------------------------------------------------------------------------------------------------------------
      Township             Range             Mer.        Sec.                 Subdivision                 Acres 
----------------------------------------------------------------------------------------------------------------
1N.                   67 E.            MDM                  9  N\1/2\, N\1/2\S\1/2\.                         480
                      ...............  ...............     11  SW\1/4\.                                      160
                      ...............  ...............     12  W\1/2\SW\1/4\, N\1/2\NE\1/4\SW\1/4\, N\1/     120
                                                                2\NE\1/4\SE\1/4\.                               
                      ...............  ...............     13  NW\1/4\NW\1/4\NW\1/4\, N\1/2\SW\1/4\NW\1/      15
                                                                4\NW\1/4\                                       
                      ...............  ...............     15  N\1/2\NE\1/4\                                  80
                      ...............  ...............     16  N\1/2\NE\1/4\, SE\1/4\NE\1/4\, SE\1/4\        110
                                                                (excluding mineral patents) (approx)            
                                                                                                        --------
                                                                 Total                                       985
----------------------------------------------------------------------------------------------------------------

                    ``(C) Lincoln County, Parcel F. Panacea Community 
                Expansion Area:

----------------------------------------------------------------------------------------------------------------
      Township             Range             Mer.        Sec.                 Subdivision                 Acres 
----------------------------------------------------------------------------------------------------------------
2S                    68E              MDM                  2  S\1/2\                                        320
                      ...............  ...............      3  S\1/2\                                        320
                      ...............  ...............      4  N\1/2\SE\1/4\, N\1/2\SW\1/4\SE\1/4\,          140
                                                                SE\1/4\SE\1/4\                                  
                      ...............  ...............      9  E\1/2\NE\1/4\, E\1/2\W\1/2\NE\1/4\, SE\1/     340
                                                                4\NE\1/4\, E\1/2\SW\1/4\NE\1/4\, SE\1/          
                                                                4\SW\1/4\, SW\1/4\SE\1/4\, E\1/2\SE\1/          
                                                                4\                                              
                      ...............  ...............     10  All                                           640
                      ...............  ...............     11  N\1/2\                                        320
                                                                                                        --------
                                                                 Total                                     2,080
----------------------------------------------------------------------------------------------------------------

                    ``(D) Lincoln County, Parcel J, Alamo Community and 
                Airport Expansion Area:

----------------------------------------------------------------------------------------------------------------
      Township             Range             Mer.        Sec.                 Subdivision                 Acres 
----------------------------------------------------------------------------------------------------------------
7S                    60E              MDM                  1  E\1/2\                                        320
                      ...............  ...............     12  NE\1/4\                                       160
7S                    61E              MDM                  4  W\1/2\                                        320
                      ...............  ...............      5  All                                           640
                      ...............  ...............      6  S\1/2\                                        320
                      ...............  ...............      7  N\1/2\                                        320
                      ...............  ...............      8  All                                           640
                      ...............  ...............      9  W\1/2\                                        320
                                                                                                        --------
                                                                 Total                                     1,920
----------------------------------------------------------------------------------------------------------------

                    ``(E) Lincoln County, Parcel M, Crestline 
                Industrial Site:

----------------------------------------------------------------------------------------------------------------
      Township             Range             Mer.        Sec.                 Subdivision                 Acres 
----------------------------------------------------------------------------------------------------------------
3S                    70E              MDM                 14  S\1/2\                                        320
                      ...............  ...............     23  All                                           640
                                                                                                        --------
                                                                 Total                                       960
----------------------------------------------------------------------------------------------------------------

            ``(3) Evidence of title transfer.--Upon the request of the 
        County of Lincoln, Nevada, the Secretary of the Interior shall 
        provide evidence of title transfer.

``SEC. 202. TRANSPORTATION PLANNING.

    ``(a) Transportation Readiness.--The Secretary shall take those 
actions that are necessary and appropriate to ensure that the Secretary 
is able to transport spent nuclear fuel and high-level radioactive 
waste from sites designated by the contract holders to mainline 
transportation facilities beginning not later than November 30, 1999. 
As soon as is practicable following enactment of this Act, the 
Secretary shall analyze each specific reactor facility designated by 
contract holders in the order of priority established in the 
emplacement 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 November 30, 1999. 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 public education regarding 
transportation of spent nuclear fuel and nuclear waste; and 
transportation tracking programs.

``SEC. 203. TRANSPORTATION REQUIREMENTS.

    ``(a) Package Certification.--No spent nuclear fuel or high-level 
radioactive waste may be transported by or for the Secretary under this 
Act except in packages that have 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, units of local government, and Indian 
tribes through whose jurisdiction the Secretary plans to transport 
substantial amounts of spent nuclear 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) Public Education.--The Secretary shall conduct a program to 
educate the public regarding the transportation of spent nuclear fuel 
and high-level radioactive waste, with an emphasis upon those States, 
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.
    ``(e) 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 to unwilling to provide such transportation services 
at a reasonable cost.

``SEC. 204. INTERIM STORAGE.

    ``(a) Authorization.--The Secretary shall design, construct, and 
operate a facility for the interim storage of spent nuclear fuel and 
high-level radioactive waste at the interim storage facility site. The 
interim storage 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 November 30, 1999.
    ``(b) Schedule.--The Secretary shall proceed forthwith and without 
further delay with all activities necessary to begin accepting spent 
nuclear fuel and high-level radioactive waste at the interim storage 
facility at the Yucca Mountain site by November 30, 1999, except that:
            ``(1) The Secretary shall not begin any construction 
        activities at the Yucca Mountain site before October 1, 1998.
            ``(2) The Secretary shall cease all activities (except 
        necessary termination activities) at the Yucca Mountain site 
        and undertake activities to establish an interim storage 
        facility and a repository at an alternative site if--
                    ``(A) the President designates an alternative site 
                and the alternative site is approved by law, or
                    ``(B) the Secretary determines, in his discretion, 
                on or before October 1, 1998, based on a preponderance 
                of the information available at such time, that the 
                Yucca Mountain site is unsuitable for development as a 
                repository because of a substantial likelihood that a 
                repository of useful size cannot be designed, licensed, 
                and constructed at the Yucca Mountain site.
            ``(3) In the event the Secretary makes the determination 
        under paragraph (2)(B) that the Yucca Mountain site is 
        unsuitable for development as a repository and the Secretary 
        has not constructed an alternative interim storage facility 
        site that accepts spent fuel and high-level radioactive waste 
        by November 30, 1999, the Secretary shall begin construction 
        activities for an interim storage facility at the interim 
        storage facility site. The interim storage facility constructed 
        under this paragraph shall begin acceptance of spent nuclear 
        fuel and high-level radioactive waste within one year after 
        construction begins under this paragraph.
    ``(c) Design.--
            ``(1) The interim storage facility shall be designed in two 
        phases in order to commence operations no late than November 
        30, 1999. The design of the interim storage facility shall 
        provide for the use of storage 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.
    ``(d) Licensing.--
            ``(1) Phases.--The interim storage facility shall be 
        licensed by the Commission in two phases in order to commence 
        operations no later than November 30, 1999.
            ``(2) First phase.--No later than 12 months after the date 
        of enactment of the Nuclear Waste Policy Act of 1996, 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 not more than 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 1996, 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.
    ``(e) 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 1996 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 1996 within the 
        boundaries of the interim storage facility site.
            ``(3) Emplacement 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 1996, the 
        Secretary shall accept, in an amount not less than 25 percent 
        of the difference between the contractual acceptance rate and 
        the annual emplacement rate for spent nuclear fuel from 
        civilian nuclear power reactors established under section 
        407(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 or 
                before the date of enactment of the Nuclear Waste 
                Policy Act of 1996;
                    ``(B) spent nuclear fuel from foreign research 
                reactors, as necessary to promote non-proliferation 
                objectives; and
                    ``(C) spent nuclear fuel, including spent nuclear 
                fuel from naval reactors, and high-level radioactive 
                waste from atomic energy defense activities.
    ``(f) 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 for purposes of judicial review. The Secretary shall 
        not prepare 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 such Act before conducting these 
        activities.
            ``(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 such 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.
    ``(g) 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.
    ``(h) 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.).
    ``(i) 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 1996, 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 1996. 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.
    ``(j) 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 that date of enactment.

``SEC. 205. PERMANENT REPOSITORY.

    ``(a) Repository 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 out 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 date.--Consistent with the schedule set 
        forth in the program approach, as modified to be consistent 
        with the Nuclear Waste Policy Act of 1996. No later than 
        December 31, 2001, 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) Repository 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;
                    ``(C) consistent with the common defense and 
                security; and
                    ``(D) consistent with the most economic use of the 
                Nation's resources.
            ``(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;
                    ``(C) consistent with the common defense and 
                security; and
                    ``(D) consistent with the most economic use of the 
                Nation's resources.
            ``(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;
                    ``(C) consistent with the common defense and 
                security; and
                    ``(D) consistent with the most economic use of the 
                Nation's resources.
            ``(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 
                geological 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 spent nuclear fuel or high-level radioactive 
waste as 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) Repository Licensing Standards.--Notwithstanding any other 
provision of law, the Administrator of the Environmental Protection 
Agency shall not promulgate, by rule or otherwise, standards for 
projection 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 1996 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), applied in accordance with the 
provisions of paragraph (2). The Commission shall amend its regulations 
in accordance with subsection (b) to incorporate each of the following 
licensing standards:
            ``(1) 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. 
        Such standard shall constitute an overall system performance 
        standard.
            ``(2) Application of overall system performance standard.--
        The Commission shall issue the license if it finds 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 probabilistic 
        evaluation, as appropriate, of compliance with the overall 
        system performance standard in paragraph (1).
            ``(3) Factors.--For purposes of making the finding in 
        paragraph (2)--
                    ``(A) 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;
                    ``(B) 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. Extremes in 
                social behavior, eating habits, or other relevant 
                practices or characteristics shall not be considered; 
                and
                    ``(C) 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--
                            ``(i) prevent any human activity at the 
                        site that poses an unreasonable risk of 
                        breaching the repository's engineered or 
                        geologic barriers; and
                            ``(ii) prevent any increase in the exposure 
                        of individual members of the public to 
radiation beyond the allowable limits specified in paragraph (1).
            ``(4) Additional analysis.--The Commission shall analyze 
        the overall system performance through the use of probabilistic 
        evaluations that use best estimate assumptions, data, and 
        methods 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.
    ``(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, or 
        alternative sites or designs for the 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, or alternate sites or 
        designs for the 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. 206. 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 March   , 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 March   , 
        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 1996, 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.

``SEC. 207. PERMANENT DISPOSAL ALTERNATIVES.

    ``(a) Study.--Within 270 days after the date of the enactment of 
the Nuclear Waste Policy Act of 1996, the Secretary shall report to 
Congress on alternatives for the permanent disposal of spent nuclear 
fuel and high-level radioactive waste. The report under this section 
shall include--
            ``(1) an assessment of the current state of knowledge of 
        alternative technologies for the treatment and disposal of 
        spent nuclear fuel and high-level radioactive waste;
            ``(2) an estimate of the costs of research and development 
        of alternative technologies;
            ``(3) an analysis of institutional factors associated with 
        alternative technologies, including international aspects of a 
        decision of the United States to proceed with the development 
        of alternative technologies (including nuclear proliferation 
        concerns) as an option for nuclear waste management and 
        disposal;
            ``(4) a full discussion of environmental and public health 
        and safety aspects of alternative technologies;
            ``(5) recommendations on alternative ways to structure an 
        effort in research, development, and demonstration with respect 
        to alternative technologies; and
            ``(6) the recommendation of the Secretary with respect to 
        research, development, and demonstration of the most promising 
        alternative technologies for the treatment and disposal of 
        spent nuclear fuel and high-level radioactive waste.
    ``(b) Office of Nuclear Waste Disposal Research.--(1) There is 
hereby established an Office of Nuclear Waste Disposal Research within 
the Office of Energy Research of the Department of Energy. The Office 
shall be headed by the Director, who shall be a member of the Senior 
executive Service appointed by the Director of the Office of Energy 
Research, and compensated at a rate determined by applicable law.
    ``(2) The Director of the Office of Nuclear Waste Research shall be 
responsible for carrying out research, development, and demonstration 
activities on alternative technologies for the treatment and disposal 
of high-level nuclear radioactive waste and spent nuclear fuel, subject 
to the general supervision of the Secretary. The Director of the Office 
shall be directly responsible to the Director of the Office of Energy 
Research, and the first such Director shall be appointed within 30 days 
of the date of enactment of the Nuclear Waste Policy Act of 1996.
    ``(3) In carrying out his responsibilities under this Section, the 
Secretary may make grants to, or enter into contracts with, the Nuclear 
Waste Research Consortium described in paragraph (4) of this section 
and other persons.
    ``(4)(A) Within 60 days of the date of enactment of the Nuclear 
Waste Policy Act of 1996, the Secretary shall establish a university-
based Nuclear Waste Disposal Consortium involving leading universities 
and institutions, national laboratories, the commercial nuclear 
industry, and other organizations to investigate technical and 
institutional feasibility of alternative technologies for the treatment 
and disposal of spent nuclear fuel and high-level radioactive waste.
    ``(B) The Nuclear Waste Disposal Consortium shall develop a 
research plan and budget to achieve the following objectives by 2005:
            ``(i) identify promising alternative technologies for the 
        treatment and disposal of spent nuclear fuel and high-level 
        radioactive waste.
            ``(ii) conduct research and develop conceptual designs for 
        promising alternative technologies, including estimated costs 
        and institutional requirements for continued research and 
        development; and
            ``(iii) identify and assess potential impacts of promising 
        alternative technologies on the environment.
    ``(C) In 2000, and again in 2005, the Nuclear Waste Disposal 
Consortium shall report to Congress on the progress being made in 
achieving the objectives of paragraph (2).
    ``(5) The Director of the Office of Nuclear Waste Disposal Research 
shall annually prepare and submit a report to the Congress on the 
activities and expenditures of the Office.

                 ``TITLE III--FUNDING AND ORGANIZATION

``SEC. 301. 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 annual 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 1996, 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.--For electricity generated by civilian 
        nuclear power reactors and sold on or after January 7, 1983, 
        the fee under paragraph (1) shall be equal to 1.0 mill 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 January 7, 1983, the fee shall 
        be in an amount equivalent to an average charge of 1.0 mill per 
        kilowatt-hour for electricity generated by such spent nuclear 
        fuel, or such solidified high-level waste derived therefrom, 
        and incorporated in the contracts. Payment of such one-time fee 
        prior to the date of enactment of the Nuclear Waste Policy Act 
        of 1996 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 1996 
        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.
            ``(4) Adjustments to fee.--The Secretary shall annually 
        review the amount of the fees established by paragraphs (2) and 
        (3), together with the existing balance of the Nuclear Waste 
        Fund on the date of enactment of the Nuclear Waste Policy Act 
        of 1996, to evaluate whether collection of the fee will provide 
        sufficient revenues to offset the costs as defined in 
        subsection (c)(2). In the event the Secretary determines that 
        the revenues being collected are either insufficient or 
        excessive to recover the costs incurred by the Federal 
        Government that are specified in subsection (c)(2), the 
        Secretary shall propose an adjustment to the fee to ensure full 
        cost recovery. The Secretary shall immediately transmit the 
        proposal for such an adjustment to both houses of Congress.
    ``(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 or owner commences generation of, or takes title to, 
        such spent fuel or waste.
            ``(3) Assignment.--The rights and duties of contract 
        holders are assignable.
    ``(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 1996; 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 1996, 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 subsection (d), 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) Budget.--The Secretary shall submit the budget for 
implementation of the Secretary's responsibilities under this Act to 
the Office of Management and Budget annually 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.

``SEC. 302. 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 1996, shall continue in effect subsequent to the date of 
enactment of the Nuclear Waste Policy Act of 1996.
    ``(b) Director.--The Office shall be headed by the Director, who 
shall be appointed by the President, by and with the advice and consent 
of the Senate, and who shall be compensated at the rate payable for 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.

``SEC. 303. FEDERAL CONTRIBUTION.

    ``(a) Allocation.--No later than one year from the date of 
enactment of the Nuclear Waste Policy Act of 1996, 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 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. 304. 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 give funding 
for the licensing, construction, and operation of the interim storage 
faculty under section 204 and development of the transportation 
capability under section 201, 202 and 203 the 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; and
            ``(2) the licensing of the repository under section 206 
        shall be accorded the next highest priority.

``TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS

``SEC. 401. COMPLIANCE WITH OTHER LAWS.

    The actions authorized by the Nuclear Waste Policy Act of 1996 
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 1996, 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, right-of-way, certifications or 
authorizations, that would otherwise apply to such activities.

``SEC. 402. 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 
        Circuit.
    ``(b) Deadline for Commencing Action.--A civil action for judicial 
review described under subsection (a)(1) may be brought no later than 
180 days after the date of the decision or action or failure to act 
involved, as the case may be, except that if a party shows that 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 provision of this section 
relating to any matter shall apply in lieu of the provisions of any 
other Act relating to the same matter.

``SEC. 403. 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 rector 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. 404. 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. 405. 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. 406. 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. 407. EMPLACEMENT SCHEDULE.

    ``(a) The emplacement schedule shall be implemented in accordance 
with the following:
            ``(1) Emplacement priority ranking shall be determined by 
        the Department's annual `Acceptance Priority Ranking' report.
            ``(2) The Secretary's spent fuel emplacement rate shall be 
        no less than the following: 1,200 MTU in 1999 and 1,200 MTU in 
        2000; 2,000 MTU in 2001 and 2,000 MTU in 2002; 2,700 MTU in 
        2003; and 3,000 MTU annually thereafter.
    ``(b) If the Secretary is unable to begin emplacement by January 
31, 1999 at the rates specified in paragraph (a), or if the cumulative 
amount emplaced in any year thereafter is less than that which would 
have been accepted under the emplacement rate specified in paragraph 
(a), the Secretary shall, as a mitigation measure, adjust the 
emplacement schedule upward such that within 5 years of the start of 
emplacement by the Secretary--
            ``(1) the total quantity accepted by the Secretary is 
        consistent with the total quantity that the Secretary would 
        have accepted if the Secretary had began emplacement in 1999, 
        and
            ``(2) thereafter the emplacement rate is equivalent to the 
        rate that would be in place pursuant to paragraph (a) above if 
        the Secretary had commenced emplacement in 1999.

``SEC. 408. EMERGENCY RELIEF.

    ``(a) If the Secretary determines that a contract holder qualifies 
for emergency relief under this paragraph, the contract holder may 
execute an emergency relief contract with entities qualified to provide 
interim storage and conditioning. Under the emergency relief contract, 
the qualified entities would package, ship, and receive a contract 
holder's spent nuclear fuel for interim storage and conditioning, with 
any spent nuclear fuel and the equivalent radioactive residues 
resulting from any conditioning services returned to the Secretary no 
later than December 31, 2045.
    ``(b) A contract holder qualifies for emergency relief under this 
section if the contract holder--
            ``(1) has exhausted its existing on-site storage capacity;
            ``(2) is unable to complete scheduled decommissioning 
        because spent nuclear fuel cannot be removed from the site;
            ``(3) the spent fuel is of a nonstandard form which cannot 
        be accepted at the central storage facility; or
            ``(4) the Secretary determines there is a situation that 
        requires emergency relief under this paragraph.
    ``(c) Title to all spent nuclear fuel and high-level radioactive 
waste resulting from the treatment of that fuel subject to an emergency 
relief contract under this paragraph shall transfer to the Secretary 
upon packaging of the fuel by the qualified entity.

``SEC. 409. 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. 410. ENVIRONMENTAL REQUIREMENTS.

    ``Notwithstanding any other law or regulation, the obligations of 
the Secretary and 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.

``SEC. 411. DECOMMISSIONING PILOT PROGRAM.

    ``(a) Authorization.--The Secretary is authorized to establish a 
Decommissioning Pilot Program to decommission and decontaminate the 
sodium-cooled fast breeder experimental test-site reactor located in 
northwest Arkansas.
    ``(b) Funding.--No funds from the Nuclear Waste Fund may be used 
for the Decommissioning Pilot Program.

            ``TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``SEC. 501. 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 502.

``SEC. 502. 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 1996, shall 
continue in effect subsequent to the date of enactment of the Nuclear 
Waste Policy Act of 1996.
    ``(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 to 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. 503. 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. 504. INVESTIGATORTY 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) Responses 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. 505. 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. 506. 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. 507. 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 administative 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. 508. REPORT.

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

``SEC. 509. 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. 510. 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.''.