[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1936 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                S. 1936

_______________________________________________________________________

                                 AN ACT


 
             To amend the Nuclear Waste Policy Act of 1982.

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

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

    ``(a) Short Title.--This Act may be cited as the `Nuclear Waste 
Policy Act of 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 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.
                      ``TITLE III--LOCAL RELATIONS

``Sec. 301. Financial assistance.
``Sec. 302. On-site representative.
``Sec. 303. Acceptance of benefits.
``Sec. 304. Restrictions on use of funds.
``Sec. 305. Land conveyances.
                  ``TITLE IV--FUNDING AND ORGANIZATION

``Sec. 401. Program funding.
``Sec. 402. Office of Civilian Radioactive Waste Management.
``Sec. 403. Federal contribution.
            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``Sec. 501. Compliance with other laws.
``Sec. 502. Judicial review of agency actions.
``Sec. 503. Licensing of facility expansions and transshipments.
``Sec. 504. Siting a second repository.
``Sec. 505. Financial arrangements for low-level radioactive waste site 
                            closure.
``Sec. 506. Nuclear Regulatory Commission training authorization.
``Sec. 507. Emplacement schedule.
``Sec. 508. Transfer of title.
``Sec. 509. Decommissioning pilot program.
``Sec. 510. Water rights.
            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

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

``Sec. 701. Management reform initiatives.
``Sec. 702. Reporting.
``Sec. 703. Effective date.

``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) Affected indian tribe.--The term `affected Indian 
        tribe' means any Indian tribe--
                    ``(A) whose reservation is surrounded by or borders 
                an affected unit of local government, or
                    ``(B) whose federally defined possessory or usage 
                rights to other lands outside of the reservation's 
                boundaries arising out of congressionally ratified 
                treaties may be substantially and adversely affected by 
                the locating of an interim storage facility or a 
                repository 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.
            ``(3) Affected unit of local government.--The term 
        `affected unit of local government' means the unit of local 
        government with jurisdiction over the site of a repository or 
        interim storage facility. Such term may, at the discretion of 
        the Secretary, include other units of local government that are 
        contiguous with such unit.
            ``(4) Atomic energy defense activity.--The term `atomic 
        energy defense activity' means any activity of the Secretary 
        performed in whole or in part in carrying out any of the 
        following functions:
                    ``(A) Naval reactors development.
                    ``(B) Weapons activities including defense inertial 
                confinement fusion.
                    ``(C) Verification and control technology.
                    ``(D) Defense nuclear materials production.
                    ``(E) Defense nuclear waste and materials 
                byproducts management.
                    ``(F) Defense nuclear materials security and 
                safeguards and security investigations.
                    ``(G) Defense research and development.
            ``(5) 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)).
            ``(6) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(7) 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 401(a) 
        of this Act.
            ``(8) Contract holders.--The term `contract holders' means 
        parties (other than the Secretary) to contracts.
            ``(9) Department.--The term `Department' means the 
        Department of Energy.
            ``(10) 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.
            ``(11) 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.
            ``(12) Emplacement schedule.--The term `emplacement 
        schedule' means the schedule established by the Secretary in 
        accordance with section 507(a) for emplacement of spent nuclear 
        fuel and high-level radioactive waste at the interim storage 
        facility.
            ``(13) 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 materials 
        placed over and around such packages.
            ``(14) High-level radioactive waste.--The term `high-level 
        radioactive waste' means--
                    ``(A) the highly radioactive material resulting 
                from the reprocessing of spent nuclear fuel, including 
                liquid waste produced directly in reprocessing and any 
                solid material derived from such liquid waste that 
                contains fission products in sufficient concentrations; 
                and
                    ``(B) other highly radioactive material that the 
                Commission, consistent with existing law, determines by 
                rule requires permanent isolation, which includes 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.
            ``(15) Federal agency.--The term `Federal agency' means any 
        Executive agency, as defined in section 105 of title 5, United 
        States Code.
            ``(16) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community of Indians recognized as eligible for the services 
        provided to Indians by the Secretary of the Interior because of 
        their status as Indians including any Alaska Native village, as 
        defined in section 3(c) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1602(c)).
            ``(17) Integrated management system.--The term `integrated 
        management system' means the system developed by the Secretary 
        for the acceptance, transportation, storage, and disposal of 
        spent nuclear fuel and high-level radioactive waste under title 
        II of this Act.
            ``(18) Interim storage facility.--The term `interim storage 
        facility' means a facility designed and constructed for the 
        receipt, handling, possession, safeguarding, and storage of 
        spent nuclear fuel and high-level radioactive waste in 
        accordance with title II of this Act.
            ``(19) Interim storage facility site.--The term `interim 
        storage facility site' means the specific site within area 25 
        of the Nevada test site that is designated by the Secretary and 
        withdrawn and reserved in accordance with this Act for the 
        location of the interim storage facility.
            ``(20) Low-level radioactive waste.--The term `low-level 
        radioactive waste' means radioactive material that--
                    ``(A) is not spent nuclear fuel, high-level 
                radioactive waste, transuranic waste, or byproduct 
                material as defined in section 11 e.(2) of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2014(e)(2)); and
                    ``(B) the Commission, consistent with existing law, 
                classifies as low-level radioactive waste.
            ``(21) Metric tons uranium.--The terms `metric tons 
        uranium' and `MTU' mean the amount of uranium in the original 
        unirradiated fuel element whether or not the spent nuclear fuel 
        has been reprocessed.
            ``(22) Nuclear waste fund.--The terms `Nuclear Waste Fund' 
        and `waste fund' mean the nuclear waste fund established in the 
        United States Treasury prior to the date of enactment of this 
        Act under section 302(c) of the Nuclear Waste Policy Act of 
        1982.
            ``(23) Office.--The term `Office' means the Office of 
        Civilian Radioactive Waste Management established within the 
        Department prior to the date of enactment of this Act under the 
        provisions of the Nuclear Waste Policy Act of 1982.
            ``(24) Program approach.--The term `program approach' means 
        the Civilian Radioactive Waste Management Program Plan, dated 
        May 6, 1996, as modified by this Act, and as amended from time 
        to time by the Secretary in accordance with this Act.
            ``(25) Repository.--The term `repository' means a system 
        designed and constructed under title II of this Act for the 
        geologic disposal of spent nuclear fuel and high-level 
        radioactive waste, including both surface and subsurface areas 
        at which spent nuclear fuel and high-level radioactive waste 
        receipt, handling, possession, safeguarding, and storage are 
        conducted.
            ``(26) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(27) Site characterization.--The term `site 
        characterization' means activities, whether in a laboratory or 
        in the field, undertaken to establish the geologic condition 
        and the ranges of the parameters of a candidate site relevant 
        to the location of a repository, including borings, surface 
        excavations, excavations of exploratory facilities, limited 
        subsurface lateral excavations and borings, and in situ testing 
        needed to evaluate the licensability of a candidate site for 
        the location of a repository, but not including preliminary 
        borings and geophysical testing needed to assess whether site 
        characterization should be undertaken.
            ``(28) Spent nuclear fuel.--The term `spent nuclear fuel' 
        means fuel that has been withdrawn from a nuclear reactor 
        following irradiation, the constituent elements of which have 
        not been separated by reprocessing.
            ``(29) Storage.--The term `storage' means retention of 
        spent nuclear fuel or high-level radioactive waste with the 
        intent to recover such waste or fuel for subsequent use, 
        processing, or disposal.
            ``(30) Withdrawal.--The term `withdrawal' has the same 
        definition as that set forth in section 103(j) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702(j)).
            ``(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 
        respository.

                         ``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 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 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. 
Consistent with the Buy American Act (41 U.S.C. 10a-10c), unless the 
Secretary shall determine it to be inconsistent with the public 
interest, or the cost to be unreasonable, all such systems and 
components procured by the Secretary shall be manufactured in the 
United States, with the exception of any transportable storage systems 
purchased by contract holders prior to the effective date of the 
Nuclear Waste Policy Act of 1996 and procured by the Secretary from 
such contract holders for use in 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 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 that 
        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 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 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) 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.
    ``(h) Benefits Agreement.--
            ``(1) In general.--The Secretary shall offer to enter into 
        an agreement with the City of Caliente and Lincoln County, 
        Nevada concerning the integrated management system.
            ``(2) Agreement content.--Any agreement shall contain such 
        terms and conditions, including such financial and 
        institutional arrangements, as the Secretary and agreement 
        entity determine to be reasonable and appropriate and shall 
        contain such provisions as are necessary to preserve any right 
        to participation or compensation of the City of Caliente and 
        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 one 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.
    ``(i) Content of Agreement.--
            ``(1) Schedule.--In addition to the benefits to which the 
        City of Caliente and 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      $2.5
            fuel.
        ``(B) Annual payments beginning upon first spent fuel        5 
            receipt.
        ``(C) Payment upon closure of the intermodal transfer        5 
            facility.
            ``(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 
        six 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 
        agreement, 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 agreement under section 401(c)(2).
    ``(j) 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, unless the county notifies the Secretary of 
        the Interior or the head of such other appropriate agency in 
        writing within 60 days of such date of enactment that it elects 
        not to take title to all or any part of the property, except 
        that any lands conveyed to the County of 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 right 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 depicted on the maps and legal 
        descriptions dated October 11, 1995, shall be conveyed under 
        paragraph (1) to the County of Lincoln, Nevada:
                    Map 10; Lincoln County, parcel M, industrial park 
                site.
                    Map 11; Lincoln County, parcel F, mixed use 
                industrial site.
                    Map 13; Lincoln County, parcel J, mixed use, Alamo 
                Community Expansion Area.
                    Map 14; Lincoln County, parcel E, mixed use, Pioche 
                Community Expansion Area.
                    Map 15; Lincoln County, parcel B, landfill 
                expansion site.
            ``(3) Construction.--The maps and legal descriptions 
        special conveyances referred to in paragraph (2) shall have the 
        same force and effect as if they were included in this Act. The 
        Secretary may correct clerical and typographical errors in the 
        maps and legal descriptions and make minor adjustments in the 
        boundaries of the sites.
            ``(4) 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 safely spent nuclear fuel and high-level 
radioactive waste from sites designated by the contract holders to 
mainline transportation facilities, using routes that minimize, to the 
maximum practicable extent consistent with Federal requirements 
governing transportation of hazardous materials, transportation of 
spent nuclear fuel and high-level radioactive waste through populated 
areas, beginning not later than November 30, 1999, and, by that date, 
shall, in consultation with the Secretary of Transportation, develop 
and implement a comprehensive management plan that ensures that safe 
transportation of spent nuclear fuel and high-level radioactive waste 
from the sites designated by the contract holders to the interim 
storage facility site beginning not later than November 30, 1999.
    ``(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 high-level radioactive 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 fuel or high-level radioactive 
waste for training for public safety officials of appropriate units of 
local government. The Secretary shall also provide technical assistance 
and funds for training directly to national nonprofit employee 
organizations which demonstrate experience in implementing and 
operating worker health and safety training and education programs and 
demonstrate the ability to reach and involve in training programs 
target populations of workers who are or will be directly engaged in 
the transportation of spent nuclear fuel and high-level radioactive 
waste, or emergency response or post-emergency response with respect to 
such transportation. Training shall cover procedures required for safe 
routine transportation of these materials, as well as procedures for 
dealing with emergency response situations, and shall be consistent 
with any training standards established by the Secretary of 
Transportation in accordance with subsection (g). 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) Compliance With Transportation Regulations.--Any person that 
transports spent nuclear fuel or high-level radioactive waste under the 
Nuclear Waste Policy Act of 1986, pursuant to a contract with the 
Secretary, shall comply with all requirements governing such 
transportation issued by the Federal, State and local governments, and 
Indian tribes, in the same way and to the same extent that any person 
engaging in that transportation that is in or affects interstate 
commerce must comply with such requirements, as required by section 
5126 of title 49, United States Code.
    ``(f) Employee Protection.--Any person engaged in the interstate 
commerce of spent nuclear fuel or high-level radioactive waste under 
contract to the Secretary pursuant to this Act shall be subject to and 
comply fully with the employee protection provisions of 49 United 
States Code 20109 and 49 United States Code 31105.
    ``(g) Training Standard.--(1) No later than 12 months after the 
date of enactment of the Nuclear Waste Policy Act of 1996, the 
Secretary of Transportation, pursuant to authority under other 
provisions of law, in consultation with the Secretary of Labor and the 
Commission, shall promulgate a regulation establishing training 
standards applicable to workers directly involved in the removal and 
transportation of spent nuclear fuel and high-level radioactive waste. 
The regulation shall specify minimum training standards applicable to 
workers, including managerial personnel. The regulation shall require 
that the employer possess evidence of satisfaction of the applicable 
training standard before any individual may be employed in the removal 
and transportation of spent nuclear fuel and high-level radioactive 
waste.
    ``(2) If the Secretary of Transportation determines, in 
promulgating the regulation required by paragraph (1), that regulations 
promulgated by the Commission establish adequate training standards for 
workers, then the Secretary of Transportation can refrain from 
promulgating additional regulations with respect to worker training in 
such activities. The Secretary of Transportation and the Commission 
shall work through their Memorandum of Understanding to ensure 
coordination of worker training standards and to avoid duplicative 
regulation.
    ``(3) The training standards required to be promulgated under 
paragraph (1) shall, among other things deemed necessary and 
appropriate by the Secretary of Transportation, include the following 
provisions--
            ``(A) a specified minimum number of hours of initial off 
        site instruction and actual field experience under the direct 
        supervision of a trained, experienced supervisor;
            ``(B) a requirement that onsite managerial personnel 
        receive the same training as workers, and a minimum number of 
        additional hours of specialized training pertinent to their 
        managerial responsibilities; and
            ``(C) a training program applicable to persons responsible 
        for responding to and cleaning up emergency situations 
        occurring during the removal and transportation of spent 
        nuclear fuel and high-level radioactive waste.
    ``(4) There is authorized to be appropriated to the Secretary of 
Transportation, from general revenues, such sums as may be necessary to 
perform his duties under this subsection.

``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 in accordance with 
subsection (b).
    ``(b) Schedule.--(1) The Secretary shall proceed forthwith and 
without further delay with all activities necessary to begin storing 
spent nuclear fuel and high-level radioactive waste at the interim 
storage facility at the interim storage facility site by November 30, 
1999, except that:
            ``(A) The Secretary shall not begin any construction 
        activities at the interim storage facility site before December 
        31, 1998.
            ``(B) The Secretary shall cease all activities (except 
        necessary termination activities) at the Yucca Mountain site if 
        the President determines, in his discretion, on or before 
        December 31, 1998, based on a preponderance of the information 
        available at such time, that the Yucca Mountain site is 
        unsuitable for development as a repository, including geologic 
        and engineered barriers, because of a substantial likelihood 
        that a repository of useful size, cannot be designed, licensed, 
        and constructed at the Yucca Mountain site.
            ``(C) No later than June 30, 1998, the Secretary shall 
        provide to the President and to the Congress a viability 
        assessment of the Yucca Mountain site. The viability assessment 
        shall include--
                    ``(i) the preliminary design concept for the 
                critical elements of the repository and waste package,
                    ``(ii) a total system performance assessment, based 
                upon the design concept and the scientific data and 
                analysis available by June 30, 1998, describing the 
                probable behavior of the respository in the Yucca 
                Mountain geologic setting relative to the overall 
                system performance standard set forth in section 205(d) 
                of this Act,
                    ``(iii) a plan and cost estimate for the remaining 
                work required to complete a license application, and
                    ``(iv) an estimate of the costs to construct and 
                operate the repository in accordance with the design 
                concept.
            ``(D) Within 18 months of a determination by the President 
        that the Yucca Mountain site is unsuitable for development as a 
        repository under subparagraph (B), the President shall 
        designate a site for the construction of an interim storage 
        facility. If the President does not designate a site for the 
        construction of an interim storage facility, or the 
        construction of an interim storage facility at the designated 
        site is not approved by law within 24 months of the President's 
        determination that the Yucca Mountain site is not suitable for 
        development as a repository, the Secretary shall begin 
        construction of an interim storage facility at the interim 
        storage facility site as defined in section 2(19) of this Act. 
        The interim storage facility site as defined in section 2(19) 
        of this Act shall be deemed to be approved by law for purposes 
        of this section.
    ``(2) Upon the designation of an interim storage facility site by 
the President under paragraph (1)(D), the Secretary shall proceed 
forthwith and without further delay with all activities necessary to 
begin storing spent nuclear fuel and high-level radioactive waste at an 
interim storage facility at the designated site, except that the 
Secretary shall not begin any construction activities at the designated 
interim storage facility site before the designated interim storage 
facility site is approved by law.
    ``(c) Design.--
            ``(1) The interim storage facility shall be designed in two 
        phases in order to commence operations no later 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 commerce 
        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. The interim storage 
        facility licensed in the first phase shall have a capacity of 
        not more than 15,000 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 40,000 MTU. If the Secretary does not submit the 
        license application for construction of a respository by 
        February 1, 2002, or does not begin full spent nuclear fuel 
        receipt operations at a repository by January 17, 2010, the 
        license shall authorize a storage capacity of 60,000 MTU. The 
        license application shall be submitted such that the license 
        can be issued to permit the second phase facility to begin full 
        spent nuclear fuel receipt operations no later than December 
        31, 2002. 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.
    ``(e) Additional Authority.--
            ``(1) Construction.--For purposes of complying with this 
        section, 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, in connection 
        with an imminent and substantial endangerment to public health 
        and safety at the interim storage facility prior to 
        commencement of operations during the second phase.
            ``(3) Emplacement of fuel and waste.--Subject to subsection 
        (i), 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, as 
        set forth in the Secretary's annual capacity report dated 
        March, 1995 (DOE/RW-0457), 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 507(a), the following radioactive 
        materials--
                    ``(A) spent nuclear fuel or high-level radioactive 
                waste of domestic origin from civilian nuclear power 
                reactors that have permanently ceased operation on 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 and President's activities under this section, 
        including, but not limited to, the selection of a site for the 
        interim storage facility, assessments, determinations and 
        designations made under section 204(b), the preparation and 
        submittal of a license application and supporting 
        documentation, the construction of a facility under paragraph 
        (e)(1) of this section, and facility use pursuant to paragraph 
        (e)(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 subparagraph (e)(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 subparagraph (e)(3) (A) 
through (C) at the interim storage facility. None of the activities 
carried out pursuant to this subsection 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 the date of enactment.

``SEC. 205. PERMANENT REPOSITORY.

    ``(a) Repository Characterization.--
            ``(1) Guidelines.--The guidelines promulgated by the 
        Secretary and published at part 960 of title 10, Code of 
        Federal Regulations 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 
        February 1, 2002, 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; and
                    ``(C) consistent with the common defense and 
                security.
            ``(2) License.--Following substantial completion of 
        construction and the filing of any additional information 
        needed to complete the license application, the Commission 
        shall issue a license to dispose of spent nuclear fuel and 
        high-level radioactive waste in the repository if the 
        Commission determines that the repository has been constructed 
        and will operate--
                    ``(A) in conformity with the Secretary's 
                application, the provisions of this Act, and the 
                regulations of the Commission;
                    ``(B) without unreasonable risk to the health and 
                safety of the public; and
                    ``(C) consistent with the common defense and 
                security.
            ``(3) Closure.--After emplacing spent nuclear fuel and 
        high-level radioactive waste in the repository and collecting 
        sufficient confirmatory data on repository performance to 
        reasonably confirm the basis for repository closure consistent 
        with the Commission's regulations applicable to the licensing 
        of a repository, as modified in accordance with this Act, the 
        Secretary shall apply to the Commission to amend the license to 
        permit permanent closure of the repository. The Commission 
        shall grant such license amendment upon finding that there is 
        reasonable assurance that the repository can be permanently 
        closed--
                    ``(A) in conformity with the Secretary's 
                application to amend the license, the provisions of 
                this Act, and the regulations of the Commission;
                    ``(B) without unreasonable risk to the health and 
                safety of the public; and
                    ``(C) consistent with the common defense and 
                security.
            ``(4) Post-closure.--The Secretary shall take those actions 
        necessary and appropriate at the Yucca Mountain site to prevent 
        any activity at the site subsequent to repository closure that 
        poses an unreasonable risk of--
                    ``(A) breaching the repository's engineered or 
                geologic barriers; or
                    ``(B) increasing the exposure of individual members 
                of the public to radiation beyond the release standard 
                established in subsection (d)(1).
    ``(c) Modification of Repository Licensing Procedure.--The 
Commission's regulations shall provide for the modification of the 
repository licensing procedure, as appropriate, in the event that the 
Secretary seeks a license to permit the emplacement in the repository, 
on a retrievable basis, of 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.--The Administrator of the 
Environmental Protection Agency shall, pursuant to authority under 
other provisions of law, issue generally applicable standards for the 
protection of the public from releases of radioactive materials or 
radioactivity from the repository. Such standards shall be consistent 
with the overall system performance standard established by this 
subsection unless the Administrator determines by rule that the overall 
system performance standard would constitute an unreasonable risk to 
health and safety. 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), and the 
Administrator's radiation protection standards. 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 
        unless the Commission determines by rule 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.
            ``(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 13, 1996, and on file with the Secretary, are established 
        as the boundaries of the Interim Storage Facility site.
            ``(2) Boundaries.--The boundaries depicted on the map 
        entitled `Yucca Mountain Site Withdrawal Map', dated July 9, 
        1996, 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.

                      ``TITLE III--LOCAL RELATIONS

``SEC. 301. FINANCIAL ASSISTANCE.

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

``SEC. 302. ON-SITE REPRESENTATIVE.

    ``The Secretary shall offer to 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. The Secretary is 
authorized to pay the reasonable expenses of such representative.

``SEC. 303. ACCEPTANCE OF BENEFITS.

    ``(a) Consent.--The acceptance or use of any of the benefits 
provided under this title by any affected Indian tribe or affected unit 
of local government shall not be deemed to be an expression of consent, 
express, or implied, either under the Constitution of the State or any 
law thereof, to the siting of an interim storage facility or repository 
in the State of Nevada, any provision of such Constitution or laws to 
the contrary notwithstanding.
    ``(b) Arguments.--Neither the United States nor any other entity 
may assert any argument based on legal or equitable estoppel, or 
acquiescence, or waiver, or consensual involvement, in response to any 
decision by the State to oppose the siting in Nevada of an interim 
storage facility or repository premised upon or related to the 
acceptance or use of benefits under this title.
    ``(c) Liability.--No liability of any nature shall accrue to be 
asserted against any official of any governmental unit of Nevada 
premised solely upon the acceptance or use of benefits under this 
title.

``SEC. 304. RESTRICTIONS ON USE OF FUNDS.

    ``None of the funding provided under this title may be used--
            ``(1) directly or indirectly to influence legislative 
        action on any matter pending before Congress or a State 
        legislature or for any lobbying activity as provided in section 
        1913 of title 18, United States Code;
            ``(2) for litigation purposes; and
            ``(3) to support multistate efforts or other coalition-
        building activities inconsistent with the purposes of this Act.

``SEC. 305. LAND CONVEYANCES.

    ``(a) 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 subsection (b), 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 Nye, Nevada, unless the county 
notifies the Secretary of Interior or the head of such other 
appropriate agency in writing within 60 days of such date of enactment 
that it elects not to take title to all or any part of the property, 
except that any lands conveyed to the County of Nye 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 
right under the statutes and regulations existing at the date of 
enactment of this Act, unless Nye County and the affected holder of the 
permit or lease negotiate an agreement that allows for an earlier 
conveyance.
    ``(b) Special Conveyances.--Notwithstanding any other law, the 
following public lands depicted on the maps and legal descriptions 
dated October 11, 1995, and on file with the Secretary shall be 
conveyed under subsection (a) to the County of Nye, Nevada:
            Map 1: Proposed Pahrump industrial park site.
            Map 2: Proposed Lathrop Wells (gate 510) industrial park 
        site.
            Map 3: Pahrump landfill sites.
            Map 4: Amargosa Valley Regional Landfill site.
            Map 5: Amargosa Valley Municipal Landfill site.
            Map 6: Beatty Landfill/Transfer Station site.
            Map 7: Round Mountain Landfill site.
            Map 8: Tonopah Landfill site.
            Map 9: Gabbs Landfill site.
    ``(c) Construction.--The maps and legal descriptions of special 
conveyances referred to in subsection (b) 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.
    ``(d) Evidence of Title Transfer.--Upon the request of the County 
of Nye, Nevada, the Secretary of the Interior shall provide evidence of 
title transfer.

                  ``TITLE IV--FUNDING AND ORGANIZATION

``SEC. 401. PROGRAM FUNDING.

    ``(a) Contracts.--
            ``(1) Authority of secretary.--In the performance of the 
        Secretary's functions under this Act, the Secretary is 
        authorized to enter into contracts with any person who 
        generates or holds title to spent nuclear fuel or high-level 
        radioactive waste of domestic origin for the acceptance of 
        title and possession, transportation, interim storage, and 
        disposal of such waste or spent fuel. Such contracts shall 
        provide for payment of annual fees to the Secretary in the 
        amounts set by the Secretary pursuant to paragraphs (2) and 
        (3). Except as provided in paragraph (3), fees assessed 
        pursuant to this paragraph shall be paid to the Treasury of the 
        United States and shall be available for use by the Secretary 
        pursuant to this section until expended. 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.--
                    ``(A) for electricity generated by civilian nuclear 
                power reactors and sold between January 7, 1983, and 
                September 30, 2002, the fee under paragraph (1) shall 
                be equal to 1.0 mill per kilowatt-hour generated and 
                sold. For electricity generated by civilian nuclear 
                power reactors and sold on or after October 1, 2002, 
                the aggregate amount of fees collected during each 
                fiscal year shall be no greater than the annual level 
                of appropriations for expenditures on those activities 
                consistent with subsection (d) for that fiscal year, 
                minus--
                            ``(i) any unobligated balance collected 
                        pursuant to this section during the previous 
                        fiscal year; and
                            ``(ii) the percentage of such appropriation 
                        required to be funded by the Federal Government 
                        pursuant to section 403.
                The Secretary shall determine the level of the annual 
                fee for each civilian nuclear power reactor based on 
                the amount of electricity generated and sold, except 
                that the annual fee collected under this subparagraph 
                shall not exceed 1.0 mill per kilowatt-hour generated 
                and sold.
                    ``(B) Expenditures if shortfall.--If, during any 
                fiscal year on or after October 1, 2002, the aggregate 
                amount of fees assessed pursuant to subparagraph (A) is 
                less than the annual level of appropriations for 
                expenditures on those activities specified in 
                subsection (d) for that fiscal year, minus--
                            ``(i) any unobligated balance collected 
                        pursuant to this section during the previous 
                        fiscal year; and
                            ``(ii) the percentage of such 
                        appropriations required to be funded by the 
                        Federal Government pursuant to section 403,
                the Secretary may make expenditures from the Nuclear 
                Waste Fund up to the level of the fees assessed.
                    ``(C) Rules.--The Secretary shall, by rule, 
                establish procedures necessary to implement this 
                paragraph.
            ``(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. 
        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 no later than September 30, 
        2002. The Commission shall suspend the license of any licensee 
        who fails or refuses to pay the full amount of the fee referred 
        to in this paragraph on or before September 30, 2002, and the 
        license shall remain suspended until the full amount of the fee 
        referred to in this paragraph is paid. The person paying the 
        fee under this paragraph to the Secretary shall have no further 
        financial obligation to the Federal Government for the long-
        term storage and permanent disposal of spent fuel or high-level 
        radioactive waste derived from spent nuclear fuel used to 
        generate electricity in a civilian power reactor prior to 
        January 7, 1983.
            ``(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 in subsection 
        (c)(2) 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 subsections (d) and (e), only 
        for purposes of the integrated management system.
            ``(3) Administration of nuclear waste fund.--
                    (A) In general.--The Secretary of the Treasury 
                shall hold the Nuclear Waste Fund and, after 
                consultation with the Secretary, annually report to the 
                Congress on the financial condition and operations of 
                the Nuclear Waste Fund during the preceding fiscal 
                year.
                    ``(B) Amounts in excess of current needs.--If the 
                Secretary determines that the Nuclear Waste Fund 
                contains at any time amounts in excess of current 
                needs, the Secretary may request the Secretary of the 
                Treasury to invest such amounts, or any portion of such 
                amounts as the Secretary determines to be appropriate, 
                in obligations of the United States--
                            ``(i) having maturities determined by the 
                        Secretary of the Treasury to be appropriate to 
                        the needs of the Nuclear Waste Fund; and
                            ``(ii) bearing interest at rates determined 
                        to be appropriate by the Secretary of the 
                        Treasury, taking into consideration the current 
                        average market yield on outstanding marketable 
                        obligations of the United States with remaining 
                        periods to maturity comparable to the 
                        maturities of such investments, except that the 
                        interest rate on such investments shall not 
                        exceed the average interest rate applicable to 
                        existing borrowings.
                    ``(C) Exemption.--Receipts, proceeds, and 
                recoveries realized by the Secretary under this 
                section, and expenditures of amounts from the Nuclear 
                Waste Fund, shall be exempt from annual apportionment 
                under the provisions of subchapter II of chapter 15 of 
                title 31, United States Code.
    ``(d) 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.
    ``(e) Appropriations.--The Secretary may make expenditures from the 
Nuclear Waste Fund, subject to appropriations, which shall remain 
available until expended.

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

    ``(a) Establishment.--There hereby is established within the 
Department of Energy an Office of Civilian Radioactive Waste 
Management. The Office shall be headed by a 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.
    ``(b) Functions of Director.--The Director of the Office shall be 
responsible for carrying out the functions of the Secretary under this 
Act, subject to the general supervision of the Secretary. The Director 
of the Office shall be directly responsible to the Secretary.

``SEC. 403. FEDERAL CONTRIBUTION.

    ``(a) Allocation.--No later than one year from the date of 
enactment of the Nuclear Waste Policy Act of 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 the management of spent nuclear fuel and high-level 
radioactive waste from atomic energy defense activities and spent 
nuclear fuel from foreign research reactors, 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 activities and spent nuclear fuel from foreign 
research reactors, 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 and spent nuclear fuel from foreign research 
reactors, as established under subsection (a).

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``SEC. 501. COMPLIANCE WITH OTHER LAWS.

    ``If the requirements of any Federal, State, or local law 
(including a requirement imposed by regulation or by any other means 
under such a law) are inconsistent with or duplicative of the 
requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) 
or of this Act, the Secretary shall comply only with the requirements 
of the Atomic Energy Act of 1954 and of this Act in implementing the 
integrated management system.

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

    ``(a) Jurisdiction of the United States Courts of Appeals.--
            ``(1) Original and exclusive jurisdiction.--Except for 
        review in the Supreme Court of the United States, and except as 
        otherwise provided in this Act, the United States courts of 
        appeals shall have original and exclusive jurisdiction over any 
        civil action--
                    ``(A) for review of any final decision or action of 
                the Secretary, the President, or the Commission under 
                this Act;
                    ``(B) alleging the failure of the Secretary, the 
                President, or the Commission to make any decision, or 
                take any action, required under this Act;
                    ``(C) challenging the constitutionality of any 
                decision made, or action taken, under any provision of 
                this Act; or
                    ``(D) for review of any environmental impact 
                statement prepared or environmental assessment pursuant 
                to the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) with respect to any action under 
                this Act or alleging a failure to prepare such 
                statement with respect to any such action.
            ``(2) Venue.--The venue of any proceeding under this 
        section shall be in the judicial circuit in which the 
        petitioner involved resides or has its principal office, or in 
        the United States Court of Appeals for the District of Columbia 
        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 provisions of this section 
relating to any matter shall apply in lieu of the provisions of any 
other Act relating to the same matter.

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

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

``SEC. 504. SITING A SECOND REPOSITORY.

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

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

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

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

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

``SEC. 507. 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 fiscal year 2000 and 
        1,200 MTU in fiscal year 2001; 2,000 MTU in fiscal year 2002 
        and 2,000 MTU in fiscal year 2003; 2,700 MTU in fiscal year 
        2004; and 3,000 MTU annually thereafter.
    ``(b) If the Secretary is unable to begin emplacement by November 
30, 1999 at the rates specified in subsection (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 subsection 
(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 fiscal 
        year 2000, and
            ``(2) thereafter the emplacement rate is equivalent to the 
        rate that would be in place pursuant to subsection (a) above if 
        the Secretary had commenced emplacement in fiscal year 2000.

``SEC. 508. TRANSFER OF TITLE.

    ``(a) Acceptance by the Secretary of any spent nuclear fuel or 
high-level radioactive waste shall constitute a transfer of title to 
the Secretary.
    ``(b) No later than 6 months following the date of enactment of the 
Nuclear Waste Policy Act of 1996, the Secretary is authorized to accept 
all spent nuclear fuel withdrawn from Dairyland Power Cooperative's La 
Crosse Reactor and, upon acceptance, shall provide Dairyland Power 
Cooperative with evidence of the title transfer. Immediately upon the 
Secretary's acceptance of such spent nuclear fuel, the Secretary shall 
assume all responsibility and liability for the interim storage and 
permanent disposal thereof and is authorized to compensate Dairyland 
Power Cooperative for any costs related to operating and maintaining 
facilities necessary for such storage from the date of acceptance until 
the Secretary removes the spent nuclear fuel from the La Crosse Reactor 
site.

``SEC. 509. 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.

``SEC. 510. WATER RIGHTS.

    ``(a) No Federal Reservation.--Nothing in this Act or any other Act 
of Congress shall constitute or be construed to constitute either an 
express or implied Federal reservation of water or water rights for any 
purpose arising under this Act.
    ``(b) Acquisition and Exercise of Water Rights Under Nevada Law.--
The United States may acquire and exercise such water rights as it 
deems necessary to carry out its responsibilities under this Act 
pursuant to the substantive and procedural requirements of the State of 
Nevada. Nothing in this Act shall be construed to authorize the use of 
eminent domain by the United States to acquire water rights for such 
lands.
    ``(c) Exercise of Water Rights Generally Under Nevada Laws.--
Nothing in this Act shall be construed to limit the exercise of water 
rights as provided under Nevada State laws.

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``SEC. 601. DEFINITIONS.

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

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

    ``(a) Continuation of the Nuclear Waste Technical Review Board.--
The Nuclear Waste Technical Review Board, established under section 
502(a) of the Nuclear Waste Policy Act of 1982 as constituted prior to 
the date of enactment of the Nuclear Waste Policy Act of 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, except that a member of the Board whose 
        term has expired may continue to serve as a member of the Board 
        until such member's successor has taken office.

``SEC. 603. FUNCTIONS.

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

``SEC. 604. INVESTIGATORY POWERS.

    ``(a) Hearings.--Upon request of the Chairman or a majority of the 
members of the Board, the Board may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence, 
as the Board considers appropriate. Any member of the Board may 
administer oaths or affirmations to witnesses appearing before the 
Board. The Secretary or the Secretary's designee or designees shall not 
be required to appear before the Board or any element of the Board for 
more than twelve working days per calendar year.
    ``(b) Production of Documents.--
            ``(1) Response to inquires.--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 that is generally available to the 
        public 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) may include drafts of products 
        and documentation of work in progress.

``SEC. 605. COMPENSATION OF MEMBERS.

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

``SEC. 606. STAFF.

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

``SEC. 607. SUPPORT SERVICES.

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

``SEC. 608. REPORT.

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

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 610. TERMINATION OF THE BOARD.

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

                     ``TITLE VII--MANAGEMENT REFORM

``SEC. 701. MANAGEMENT REFORM INITIATIVES.

    ``(a) In General.--The Secretary is directed to take actions as 
necessary to improve the management of the civilian radioactive waste 
management program to ensure that the program is operated, to the 
maximum extent practicable, in like manner as a private business.
    ``(b) Audits.--
            ``(1) Standard.--The Office of Civilian Radioactive Waste 
        Management, its contractors, and subcontractors at all tiers, 
        shall conduct, or have conducted, audits and examinations of 
        their operations in accordance with the usual and customary 
        practices of private corporations engaged in large nuclear 
        construction projects consistent with its role in the program.
            ``(2) Time.--The management practices and performances of 
        the Office of Civilian Radioactive Waste Management shall be 
        audited every 5 years by an independent management consulting 
        firm with significant experience in similar audits of private 
        corporations, engaged in large nuclear construction projects. 
        The first such audit shall be conducted 5 years after the 
        enactment of the Nuclear Waste Policy Act of 1996.
            ``(3) Comptroller general.--The Comptroller General of the 
        United States shall annually make an audit of the Office, in 
        accordance with such regulations as the Comptroller General may 
        prescribe. The Comptroller General shall have access to such 
        books, records, accounts, and other materials of the Office as 
        the Comptroller General determines to be necessary for the 
        preparation of such audit. The Comptroller General shall submit 
        to the Congress a report on the results of each audit conducted 
        under this section.
            ``(4) Time.--No audit contemplated by this subsection shall 
        take longer than 30 days to conduct. An audit report shall be 
        issued in final form no longer than 60 days after the audit is 
        commenced.
            ``(5) Public documents.--All audit reports shall be public 
        documents and available to any individual upon request.
    ``(c) 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.
    ``(d) Site Characterization.--The Secretary shall employ, on an on-
going basis, integrated performance modeling to identify appropriate 
parameters for the remaining site characterization effort and to 
eliminate studies of parameters that are shown not to affect long-term 
repository performance.

``SEC. 702. REPORTING.

    ``(a) Initial Report.--Within 180 days of enactment of this 
section, the Secretary shall report to Congress on its planned actions 
for implementing the provisions of this Act, including the development 
of the Integrated Waste Management System. Such report shall include--
            ``(1) an analysis of the Secretary's progress in meeting 
        its statutory and contractual obligation to accept title to, 
        possession of, and delivery of spent nuclear fuel and high-
        level radioactive waste beginning no later than November 30, 
        1999, and in accordance with the acceptance schedule;
            ``(2) a detailed schedule and timeline showing each action 
        that the Secretary intends to take to meet the Secretary's 
        obligation under this Act and the contracts;
            ``(3) a detailed description of the Secretary's contingency 
        plans in the event that the Secretary is unable to meet the 
        planned schedule and timeline; and
            ``(4) an analysis by the Secretary of its funding needs for 
        fiscal years 1996 through 2001.
    ``(b) Annual Reports.--On each anniversary of the submittal of the 
report required by subsection (a), the Secretary shall make annual 
reports to the Congress for the purpose of updating the information 
contained in such report. The annul reports shall be brief and shall 
notify the Congress of--
            ``(1) any modifications to the Secretary's schedule and 
        timeline for meeting its obligations under this Act;
            ``(2) the reasons for such modifications, and the status of 
        the implementation of any of the Secretary's contingency plans; 
        and
            ``(3) the Secretary's analysis of its funding needs for the 
        ensuing 5 fiscal years.

``SEC. 703. EFFECTIVE DATE.

    ``This Act shall become effective one day after enactment.''.

            Passed the Senate July 31, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                S. 1936

_______________________________________________________________________

                                 AN ACT

             To amend the Nuclear Waste Policy Act of 1982.