[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1270 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 312
105th CONGRESS
  2d Session
                                H. R. 1270


IN THE SENATE OF THE UNITED STATES_____________________________________


                           February 23, 1998

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 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,

SECTION 1. AMENDMENT OF NUCLEAR WASTE POLICY ACT OF 1982.

    The Nuclear Waste Policy Act of 1982 is amended to read as follows:

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

    ``(a) Short Title.--This Act may be cited as the `Nuclear Waste 
Policy Act of 1997'.
    ``(b) Table of Contents.--

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

``Sec. 101. Obligations of the Secretary of Energy.
                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

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

``Sec. 301. On-site representative.
``Sec. 302. Benefits agreements.
``Sec. 303. Content of agreements.
``Sec. 304. Acceptance of benefits.
``Sec. 305. Restriction on use of funds.
``Sec. 306. Initial land conveyances.
``Sec. 307. Payments equal to taxes.
                  ``TITLE IV--FUNDING AND ORGANIZATION

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

``Sec. 501. Compliance with other laws.
``Sec. 502. Water rights.
``Sec. 503. Judicial review of agency actions.
``Sec. 504. Licensing of facility expansions and transshipments.
``Sec. 505. Siting a second repository.
``Sec. 506. Financial arrangements for low-level radioactive waste site 
                            closure.
``Sec. 507. Nuclear Regulatory Commission training authorization.
``Sec. 508. Acceptance schedule.
``Sec. 509. Subseabed or ocean water disposal.
``Sec. 510. Separability.
``Sec. 511. Purchase of American-made equipment and products.
            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

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

``Sec. 701. Management reform initiatives.
``Sec. 702. Reporting.

``SEC. 2. DEFINITIONS.

    ``For purposes of this Act:
            ``(1) Accept, acceptance.--The terms `accept' and 
        `acceptance' mean the Secretary's act of taking possession of 
        spent nuclear fuel or high-level radioactive waste.
            ``(2) Acceptance schedule.--The term `acceptance schedule' 
        means the schedule established in section 508 for acceptance of 
        spent nuclear fuel and high-level radioactive waste.
            ``(3) Affected indian tribe.--The term `affected Indian 
        tribe' means an Indian tribe whose reservation is surrounded by 
        or borders on an affected unit of local government, or whose 
        federally defined possessory or usage rights to other lands 
        outside of the border of the Indian tribe's reservation arising 
        out of congressionally ratified treaties may be affected by the 
        locating of an interim storage facility or repository, if the 
        Secretary finds, upon petition of the appropriate government 
        officials of the Indian tribe, that such affects are both 
        substantial and adverse to the Indian tribe.
            ``(4) Affected unit of local government.--The term 
        `affected unit of local government' means the unit of local 
        government with jurisdiction over the site of a repository or 
        interim storage facility. Such term may, at the discretion of 
        the Secretary, include other units of local government that are 
        contiguous with such unit.
            ``(5) Atomic energy defense activity.--The term `atomic 
        energy defense activity' means any 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.
                    ``(H) Nuclear nonproliferation.
            ``(6) Civilian nuclear power reactor.--The term `civilian 
        nuclear power reactor' means a civilian nuclear power plant 
        required to be licensed under section 103 or 104 b. of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
            ``(7) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(8) Department.--The term `Department' means the 
        Department of Energy.
            ``(9) Disposal.--The term `disposal' means the emplacement 
        in a repository of spent nuclear fuel, high-level radioactive 
        waste, or other highly radioactive material with no foreseeable 
        intent of recovery, whether or not such emplacement permits 
        recovery of such material for any future purpose.
            ``(10) Disposal system.--The term `disposal system' means 
        all natural barriers and engineered barriers, and engineered 
        systems and components, that prevent the release of 
        radionuclides from the repository.
            ``(11) Engineered barriers.--The terms `engineered 
        barriers' and `engineered systems and components,' mean man 
        made components of a disposal system. Such 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.
            ``(12) High-level radioactive waste.--The term `high-level 
        radioactive waste' means--
                    ``(A) the highly radioactive material resulting 
                from the reprocessing in the United States 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;
                    ``(B) the highly radioactive material resulting 
                from atomic energy defense activities; and
                    ``(C) any other highly radioactive material that 
                the Commission, consistent with existing law, 
                determines by rule requires permanent isolation.
            ``(13) Federal agency.--The term `Federal agency' means any 
        Executive agency, as defined in section 105 of title 5, United 
        States Code.
            ``(14) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community of Indians recognized as eligible for the services 
        provided to Indians by the Secretary of the Interior because of 
        their status as Indians including any Alaska Native village, as 
        defined in section 3(c) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1602(c)).
            ``(15) Integrated management system.--The term `integrated 
        management system' means the system developed by the Secretary 
        for the acceptance, transportation, storage, and disposal of 
        spent nuclear fuel and high-level radioactive waste.
            ``(16) Interim storage facility.--The term `interim storage 
        facility' means a facility designed and constructed for the 
        receipt, handling, possession, safeguarding, and storage of 
        spent nuclear fuel and high-level radioactive waste in 
        accordance with title II of this Act.
            ``(17) Interim storage facility site.--The term `interim 
        storage facility site' means the specific site within Area 25 
        of the Nevada Test Site that is designated by the Secretary and 
        withdrawn and reserved in accordance with this Act for the 
        location of the interim storage facility.
            ``(18) Low-level radioactive waste.--The term `low-level 
        radioactive waste' means radioactive material that--
                    ``(A) is not spent nuclear fuel, high-level 
                radioactive waste, transuranic waste, or byproduct 
                material as defined in section 11 e.(2) of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2014(e)(2)); and
                    ``(B) the Commission, consistent with existing law, 
                classifies as low-level radioactive waste.
            ``(19) Metric tons uranium.--The terms `metric tons 
        uranium' and `MTU' mean the amount of uranium in the original 
        unirradiated fuel element whether or not the spent nuclear fuel 
        has been reprocessed.
            ``(20) Nuclear waste fund.--The term `Nuclear Waste Fund' 
        means the nuclear waste fund established in the United States 
        Treasury prior to the date of enactment of this Act under 
        section 302(c) of the Nuclear Waste Policy Act of 1982.
            ``(21) Office.--The term `Office' means the Office of 
        Civilian Radioactive Waste Management established within the 
        Department prior to the date of enactment of this Act under the 
        provisions of the Nuclear Waste Policy Act of 1982.
            ``(22) Package.--The term `package' means the primary 
        container that holds, and is in direct contact with, solidified 
        high-level radioactive waste, spent nuclear fuel, or other 
        radioactive materials and any overpack that are emplaced at a 
        repository.
            ``(23) Program approach.--The term `program approach' means 
        the Civilian Radioactive Waste Management Program Plan, dated 
        May 1996, as modified by this Act, and as amended from time to 
        time by the Secretary in accordance with this Act.
            ``(24) Repository.--The term `repository' means a system 
        designed and constructed under title II of this Act for the 
        permanent geologic disposal of spent nuclear fuel and high-
        level radioactive waste, including both surface and subsurface 
        areas at which spent nuclear fuel and high-level radioactive 
        waste receipt, handling, possession, safeguarding, and storage 
        are conducted.
            ``(25) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(26) 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.
            ``(27) Spent nuclear fuel.--The term `spent nuclear fuel' 
        means fuel, other than foreign spent nuclear fuel as defined in 
        section 131 f.(4) of the Atomic Energy Act of 1954 (42 U.S.C. 
        2160(f)(4)), that has been withdrawn from a nuclear reactor 
        following irradiation, the constituent elements of which have 
        not been separated by reprocessing.
            ``(28) 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.
            ``(29) Withdrawal.--The term `withdrawal' has the same 
        definition as that set forth in the Federal Land Policy and 
        Management Act (43 U.S.C. 1702 et seq.).
            ``(30) Yucca mountain site.--The term `Yucca Mountain site' 
        means the area in the State of Nevada that is withdrawn and 
        reserved in accordance with this Act for the location of a 
        repository.

``SEC. 3. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress finds that--
            ``(1) while spent nuclear fuel can be safely stored at 
        reactor sites, the expeditious movement to and storage of such 
        spent nuclear fuel at a centralized Federal facility will 
        enhance the Nation's environmental protection;
            ``(2) while the Federal Government has the responsibility 
        to provide for the centralized interim storage and permanent 
        disposal of spent nuclear fuel and high-level radioactive waste 
        to protect the public health and safety and the environment, 
        the costs of such storage and disposal should be the 
        responsibility of the generators and owners of such waste and 
        fuel, including the Federal Government;
            ``(3) in the interests of protecting the public health and 
        safety, enhancing the Nation's environmental protection, 
        promoting the Nation's energy security, and ensuring the 
        Secretary's ability to commence acceptance of spent nuclear 
        fuel and high-level radioactive waste no later than January 31, 
        2002, it is necessary for Congress to authorize the interim 
        storage facility;
            ``(4) deficit-control measures designed to limit 
        appropriation of general revenues have limited the availability 
        of the Nuclear Waste Fund for its intended purposes; and
            ``(5) the Federal Government has the responsibility to 
        provide for the permanent disposal of waste generated from 
        United States atomic energy defense activities.
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to direct the Secretary to develop an integrated 
        management system in accordance with this Act so that the 
        Department can accept spent nuclear fuel or high-level 
        radioactive waste for interim storage commencing no later than 
        January 31, 2002, and for permanent disposal at a repository 
        commencing no later than January 17, 2010;
            ``(2) to provide for the siting, construction, and 
        operation of a repository for permanent geologic disposal of 
        spent nuclear fuel and high-level radioactive waste in order to 
        adequately protect the public and the environment;
            ``(3) to take those actions necessary to ensure that the 
        consumers of nuclear energy, who are funding the Secretary's 
        activities under this Act, receive the services to which they 
        are entitled and realize the benefits of enhanced protection of 
        public health and safety, and the environment, that will ensue 
        from the Secretary's compliance with the obligations imposed by 
        this Act; and
            ``(4) to provide a schedule and process for the expeditious 
        and safe development and commencement of operation of an 
        integrated management system and any necessary modifications to 
        the transportation infrastructure to ensure that the Secretary 
        can commence acceptance of spent nuclear fuel and high-level 
        radioactive waste no later than January 31, 2002.

                         ``TITLE I--OBLIGATIONS

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

    ``(a) Disposal.--The Secretary shall develop and operate a 
repository for the permanent geologic disposal of spent nuclear fuel 
and high-level radioactive waste.
    ``(b) Acceptance.--The Secretary shall accept spent nuclear fuel 
and high-level radioactive waste for storage at the interim storage 
facility pursuant to section 204 in accordance with the acceptance 
schedule, beginning not later than January 31, 2002.
    ``(c) Transportation.--The Secretary shall provide for the 
transportation of spent nuclear fuel and high-level radioactive waste 
accepted by the Secretary.
    ``(d) Integrated Management System.--The 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.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

``SEC. 201. INTERMODAL TRANSFER.

    ``(a) Transportation.--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. If direct rail access becomes available to the interim 
storage facility site, the Secretary may use rail transportation to 
meet the requirements of this title.
    ``(b) Capability Date.--The Secretary shall develop the capability 
to commence rail to truck intermodal transfer at Caliente, Nevada, no 
later than January 31, 2002.
    ``(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 rights-of-way as required to facilitate replacement of land 
and city wastewater disposal activities necessary to commence 
intermodal transfer pursuant to this Act. Replacement of land and city 
wastewater disposal activities shall occur no later than January 31, 
2002.
    ``(e) Notice and Map.--Within 6 months of the date of enactment of 
this Act, 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 section; 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 in 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) Heavy-Haul Transportation Route.--
            ``(1) Designation of route.--The route for the heavy-haul 
        truck transport of spent nuclear fuel and high-level 
        radioactive waste shall be as designated in the map dated July 
        21, 1997 (referred to as `Heavy-Haul Route') and on file with 
        the Secretary.
            ``(2) Truck transportation.--The Secretary, in consultation 
        with the State of Nevada and appropriate counties and local 
        jurisdictions, shall establish reasonable terms and conditions 
        pursuant to which the Secretary may utilize heavy-haul truck 
        transport to move spent nuclear fuel and high-level radioactive 
        waste from Caliente, Nevada, to the interim storage facility 
        site.
            ``(3) Improvements and maintenance.--Notwithstanding any 
        other law--
                    ``(A) the Secretary shall be responsible for any 
                incremental costs related to improving or upgrading 
                Federal, State, and local roads within the heavy-haul 
                transportation route utilized, and performing any 
                maintenance activities on such roads, as necessary, to 
                facilitate year-round safe transport of spent nuclear 
                fuel and high-level radioactive waste; and
                    ``(B) any such improvement, upgrading, or 
                maintenance activity shall be funded solely by 
                appropriations made pursuant to sections 401 and 403 of 
                this Act.
    ``(h) Local Government Involvement.--The Commission shall enter 
into a Memorandum of Understanding with the City of Caliente and 
Lincoln County, Nevada, to provide advice to the Commission regarding 
intermodal transfer and to facilitate on-site representation. 
Reasonable expenses of such representation shall be paid by the 
Secretary.

``SEC. 202. TRANSPORTATION PLANNING.

    ``(a) Transportation Readiness.--The Secretary shall take those 
actions that are necessary and appropriate to ensure that the Secretary 
is able to accept and transport spent nuclear fuel and high-level 
radioactive waste beginning not later than January 31, 2002. As soon as 
is practicable following the enactment of this Act, the Secretary shall 
analyze each specific reactor facility in the order of priority 
established in the acceptance schedule, and develop a logistical plan 
to assure the Secretary's ability to transport spent nuclear fuel and 
high-level radioactive waste, using routes that minimize, to the 
maximum practicable extent and consistent with Federal requirements 
governing transportation of hazardous materials, transportation of 
spent nuclear fuel and high-level radioactive waste through populated 
areas.
    ``(b) Transportation Planning.--
            (1) In general.--In conjunction with the development of the 
        logistical plan in accordance with subsection (a), the 
        Secretary shall update and modify, as necessary, the 
        Secretary's transportation institutional plans to ensure that 
        institutional issues are addressed and resolved on a schedule 
        to support the commencement of transportation of spent nuclear 
        fuel and high-level radioactive waste to the interim storage 
        facility no later than January 31, 2002. Among other things, 
        such planning shall provide a schedule and process for 
        addressing and implementing, as necessary, transportation 
        routing plans, transportation contracting plans, transportation 
        training in accordance with section 203, and transportation 
        tracking programs.
            ``(2) Rail routes.--Not later than one year after the date 
        of the enactment of this Act, the Secretary of Transportation 
        shall establish procedures for the selection of preferred rail 
        routes for the transportation of spent nuclear fuel and high-
        level radioactive waste to the interim storage site and the 
        repository site. Such procedures shall be established in 
        consultation with the designated emergency services planning 
        management official for any State or Indian tribe affected by 
        the rail routes selected.

``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.--
            ``(1) In general.--The Secretary shall provide technical 
        assistance and funds to States, affected units of local 
        government, and Indian tribes through whose jurisdiction the 
        Secretary plans to transport substantial amounts of spent 
        nuclear fuel or high-level radioactive waste for training for 
        public safety officials of appropriate units of local 
        government. Training shall cover procedures required for safe 
        routine transportation of these materials, as well as 
        procedures for dealing with emergency response situations. The 
        Secretary's duty to provide technical and financial assistance 
        under this subsection shall be limited to amounts specified in 
        annual appropriations.
            ``(2) Employee organizations.--
                    ``(A) In general.--The Secretary shall provide 
                technical assistance and funds for training directly to 
                nonprofit employee organizations, voluntary emergency 
                response organization, and joint labor-management 
                organizations that 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.
                    ``(B) Training.--Training under this paragraph--
                            ``(i) shall cover procedures required for 
                        safe routine transportation of materials and 
                        procedures for dealing with emergency response 
                        situations;
                            ``(ii) shall be consistent with any 
                        training standards established by the Secretary 
                        of Transportation; and
                            ``(iii) shall include--
                                    ``(I) a training program applicable 
                                to persons responsible for responding 
                                to emergency situations occurring 
                                during the removal and transportation 
                                of spent nuclear fuel and high-level 
                                radioactive waste;
                                    ``(II) instruction of public safety 
                                officers in procedures for the command 
                                and control of the response to any 
                                incident involving the waste; and
                                    ``(III) instruction of radiological 
                                protection and emergency medical 
                                personnel in procedures for responding 
                                to an incident involving spent nuclear 
                                fuel or high-level radioactive waste 
                                being transported.
            ``(3) Grants.--To implement this subsection, grants shall 
        be made under section 401(c).
            ``(4) Minimizing duplication of effort and expenses.--The 
        Secretaries of Transportation, Labor, and Energy, Directors of 
        the Federal Emergency Management Agency and National Institute 
        of Environmental Health Sciences, the Nuclear Regulatory 
        Commission, and Administrator of the Environmental Protection 
        Agency shall review periodically, with the head of each 
        department, agency, or instrumentality of the Government, all 
        emergency response and preparedness training programs of that 
        department, agency, or instrumentality to minimize duplication 
        of effort and expense of the department, agency, or 
        instrumentality in carrying out the programs and shall take 
        necessary action to minimize duplication.
    ``(d) Use of Private Carriers.--The Secretary, in providing for the 
transportation of spent nuclear fuel and high-level radioactive waste 
under this Act, shall by contract use private industry to the fullest 
extent possible in each aspect of such transportation. The Secretary 
shall use direct Federal services for such transportation only upon a 
determination by the Secretary of Transportation, in consultation with 
the Secretary, that private industry is unable or unwilling to provide 
such transportation services at a reasonable cost.
    ``(e) Transfer of Title.--Acceptance by the Secretary of any spent 
nuclear fuel or high-level radioactive waste shall constitute a 
transfer of title to the Secretary.
    ``(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 section 20109 
of title 49, United States Code (in the case of employees of railroad 
carriers), and section 31105 of title 49, United States Code (in the 
case of employees operating commercial motor vehicles), or the 
Commission (in the case of all other employees).
    ``(g) Training Standard.--
            ``(1) Regulation.--No later than 12 months after the date 
        of enactment of this Act, 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) Secretary of transportation.--If the Secretary of 
        Transportation determines, in promulgating the regulation 
        required by paragraph (1), that existing Federal regulations 
        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 use their Memorandum of Understanding to ensure 
        coordination of worker training standards and to avoid 
        duplicative regulation.
            ``(3) Training standards content.--If training standards 
        are required to be promulgated under paragraph (1), such 
        standards shall, among other things deemed necessary and 
        appropriate by the Secretary of Transportation, provide for--
                    ``(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.
        The Secretary of Transportation may specify an appropriate 
        combination of knowledge, skills, and prior training to fulfill 
        the minimum number of hours requirements of subparagraphs (A) 
        and (B).
            ``(4) Emergency responder training standards.--The training 
        standards for persons responsible for responding to emergency 
        situations occurring during the removal and transportation of 
        spent nuclear fuel and high-level radioactive waste shall, in 
        accordance with existing regulations, ensure their ability to 
        protect nearby persons, property, or the environment from the 
        effects of accidents involving spent nuclear fuel and high-
        level radioactive waste.
            ``(5) Authorization.--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 (42 U.S.C. 2011 et seq.) in accordance with 
the Commission's regulations governing the licensing of independent 
spent fuel storage installations and shall commence operation in phases 
by January 31, 2002. The interim storage facility shall store spent 
nuclear fuel and high-level radioactive waste until the Secretary is 
able to transfer such fuel and waste to the repository.
    ``(b) Design.--The design of the interim storage facility shall 
provide for the use of storage technologies licensed or certified by 
the Commission for use at the interim storage facility as necessary to 
ensure compatibility between the 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.
    ``(c) Licensing.--
            ``(1) Phases.--The interim storage facility shall be 
        licensed by the Commission in two phases in order to commence 
        operations no later than January 31, 2002.
            ``(2) First phase.--No later than 12 months after the date 
        of enactment of this Act, the Secretary shall submit to the 
        Commission an application for a license for the first phase of 
        the interim storage facility. 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 10,000 MTU. The 
        Commission shall issue a final decision granting or denying the 
        application for the first phase license no later than 36 months 
        from the date of the submittal of the application for such 
        license.
            ``(3) Second phase.--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. The 
        license for the second phase shall have an initial term of up 
        to 100 years, and shall be renewable for additional terms upon 
        application of the Secretary.
    ``(d) Additional Authority.--
            ``(1) Construction.--For the purpose of complying with 
        subsection (a), the Secretary may commence site preparation for 
        the interim storage facility as soon as practicable after the 
        date of enactment of this Act and shall commence construction 
        of the first phase of the interim storage facility subsequent 
        to submittal of the license application except that the 
        Commission shall issue an order suspending such construction at 
        any time if the Commission determines that such construction 
        poses an unreasonable risk to public health and safety or the 
        environment. The Commission shall terminate all or part of such 
        order upon a determination that the Secretary has taken 
        appropriate action to eliminate such risk.
            ``(2) Facility use.--Notwithstanding any otherwise 
        applicable licensing requirement, the Secretary may utilize any 
        facility owned by the Federal Government on the date of 
        enactment of this Act and within the boundaries of the interim 
        storage facility site, in connection with an imminent and 
        substantial endangerment to public health and safety at the 
        interim storage facility prior to commencement of operations 
        during the second phase.
    ``(e) National Environmental Policy Act of 1969.--
            ``(1) Preliminary decisionmaking activities.--The 
        Secretary's activities under this section, including the 
        selection of a site for the interim storage facility, the 
        preparation and submittal of any license application, and the 
        construction and operation of any facility shall be considered 
        preliminary decisionmaking activities for purposes of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.). No such activity shall require the preparation of an 
        environmental impact statement under section 102(2)(C) of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)) or require any environmental review under 
        subparagraph (E) or (F) of such Act.
            ``(2) Environmental impact statement.--
                    ``(A) Final decision.--A final decision of the 
                Commission to grant or deny a license 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 assume that 40,000 MTU will be 
                        stored at the facility; and
                            ``(ii) shall analyze the impacts of the 
                        transportation of spent nuclear fuel and high-
                        level radioactive waste to the interim storage 
                        facility in a generic manner.
                    ``(B) Considerations.--Such Environmental Impact 
                Statement shall not consider--
                            ``(i) the need for the interim storage 
                        facility, including any individual component 
                        thereof;
                            ``(ii) the time of the initial availability 
                        of the interim storage facility;
                            ``(iii) any alternatives to the storage of 
                        spent nuclear fuel and high-level radioactive 
                        waste at the interim storage facility;
                            ``(iv) any alternatives to the site of the 
                        facility as designated by the Secretary in 
                        accordance with subsection (a);
                            ``(v) any alternatives to the design 
                        criteria for such facility or any individual 
                        component thereof, as specified by the 
                        Secretary in the license application; or
                            ``(vi) the environmental impacts of the 
                        storage of spent nuclear fuel and high-level 
                        radioactive waste at the interim storage 
                        facility beyond the initial term of the license 
                        or the term of the renewal period for which a 
                        license renewal application is made.
    ``(f) Judicial Review.--Judicial review of the Commission's 
environmental impact statement under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) shall be consolidated with 
judicial review of the Commission's licensing decision. No court shall 
have jurisdiction to enjoin the construction or operation of the 
interim storage facility prior to its final decision on review of the 
Commission's licensing action.
    ``(g) Waste Confidence.--The Secretary's obligation to construct 
and operate the interim storage facility in accordance with this 
section and the Secretary's obligation to develop an integrated 
management system in accordance with the provisions of this Act, shall 
provide sufficient and independent grounds for any further findings by 
the Commission of reasonable assurance that spent nuclear fuel and 
high-level radioactive waste will be disposed of safely and on a timely 
basis for purposes of the Commission's decision to grant or amend any 
license to operate any civilian nuclear power reactor under the Atomic 
Energy Act of 1954 (42 U.S.C. 2011 et seq.).
    ``(h) Savings Clause.--Nothing in this Act shall affect the 
Commission's procedures for the licensing of any technology for the dry 
storage of spent nuclear fuel at the site of any civilian nuclear power 
reactor as adopted by the Commission under section 218 of the Nuclear 
Waste Policy Act of 1982, as in effect prior to the date of the 
enactment of this Act. The establishment of such procedures shall not 
preclude the licensing, under any applicable procedures or rules of the 
Commission in effect prior to such establishment, of any technology for 
the storage of civilian spent nuclear fuel at the site of any civilian 
nuclear power reactor.

``SEC. 205. PERMANENT DISPOSAL.

    ``(a) Site Characterization.--
            ``(1) Guidelines.--The guidelines promulgated by the 
        Secretary and published at 10 CFR part 960 are annulled and 
        revoked and the Secretary shall make no assumptions or 
        conclusions about the licensability of the Yucca Mountain site 
        as a 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 if the Secretary 
        modifies or eliminates those site characterization activities 
        designed to demonstrate the suitability of the site under the 
        guidelines referenced in paragraph (1).
            ``(3) Date.--No later than December 31, 2002, the Secretary 
        shall apply to the Commission for authorization to construct a 
        repository that will commence operations no later than January 
        17, 2010. If, at any time prior to the filing of such 
        application, the Secretary determines that the Yucca Mountain 
        site cannot satisfy the Commission's regulations 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.
    ``(b) Licensing.--Within one year of the date of enactment of this 
Act, 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) with adequate protection of 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) with adequate protection of 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) with adequate protection of the health and 
                safety of the public; and
                    ``(C) consistent with the common defense and 
                security.
            ``(4) Post-closure.--The Secretary shall take those actions 
        necessary and appropriate at the Yucca Mountain site to prevent 
        any activity at the site subsequent to repository closure that 
        poses an unreasonable risk of--
                    ``(A) breaching the repository's engineered or 
                geologic barriers: or
                    ``(B) increasing the exposure of individual members 
                of the public to radiation beyond the release standard 
                established in subsection (d)(1).
    ``(c) Modification of Repository Licensing Procedure.--The 
Commission's regulations shall provide for the modification of the 
repository licensing procedure, as appropriate, in the event that the 
Secretary seeks a license to permit the emplacement in the repository, 
on a retrievable basis, of only that quantity of spent nuclear fuel or 
high-level radioactive waste that is necessary to provide the Secretary 
with sufficient confirmatory data on repository performance to 
reasonably confirm the basis for repository closure consistent with 
applicable regulations.
    ``(d) Licensing Standards.--Notwithstanding any other provision of 
law, the Administrator of the Environmental Protection Agency shall not 
promulgate, by rule or otherwise, standards for protection of the 
public from releases of radioactive materials or radioactivity from the 
repository and any such standards existing on the date of enactment of 
this Act shall not be incorporated in the Commission's licensing 
regulations. The Commission's repository licensing determinations for 
the protection of the public shall be based solely on a finding whether 
the repository can be operated in conformance with the overall system 
performance standard established in paragraph (1)(A) and applied in 
accordance with the provisions of paragraph (1)(B). The Commission 
shall amend its regulations in accordance with subsection (b) to 
incorporate each of the following licensing standards:
            ``(1) Release standard.--
                    ``(A) Establishment of overall system performance 
                standard.--The standard for protection of the public 
                from release of radioactive material or radioactivity 
                from the repository shall prohibit releases that would 
                expose an average member of the general population in 
                the vicinity of the Yucca Mountain site to an annual 
                dose in excess of 100 millirems unless the Commission, 
                in consultation with the Administrator of the 
                Environmental Protection Agency, determines by rule 
                that such standard would not provide for adequate 
                protection of the health and safety of the public and 
                establishes by rule another standard which will provide 
                for adequate protection of the health and safety of the 
                public. Such standard shall constitute an overall 
                system performance standard.
                    ``(B) Application of overall system performance 
                standard.--The Commission shall issue the license if it 
                finds reasonable assurance that--
                            ``(i) for the first 1,000 years following 
                        the commencement of repository operations, the 
                        overall system performance standard will be met 
                        based on a deterministic or probabilistic 
                        evaluation of the overall performance of the 
                        disposal system; and
                            ``(ii) 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, there is likely to be compliance 
                        with the overall system performance standard 
                        based on regulatory insight gained through the 
                        use of a probabilistic integrated performance 
                        model that uses best estimate assumptions, 
                        data, and methods.
            ``(2) Human intrusion.--The Commission shall assume that, 
        following repository closure, the inclusion of engineered 
        barriers and the Secretary's post-closure actions at the Yucca 
        Mountain site, in accordance with subsection (b)(3), shall be 
        sufficient to--
                    ``(A) prevent any human activity at the site that 
                poses an unreasonable risk of breaching the 
                repository's engineered or geologic barriers; and
                    ``(B) prevent any increase in the exposure of 
                individual members of the public to radiation beyond 
                allowable limits as specified in paragraph (1).
    ``(e) National Environmental Policy Act.--
            ``(1) Submission of statement.--Construction and operation 
        of the repository shall be considered a major Federal action 
        significantly affecting the quality of the human environment 
        for purposes of the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.). The Secretary shall submit an 
        environmental impact statement on the construction and 
        operation of the repository to the Commission with the 
        application for construction authorization.
            ``(2) Considerations.--For purposes of complying with the 
        requirements of the National Environmental Policy Act of 1969 
        and this section, the Secretary shall not consider in the 
        environmental impact statement the need for the repository, 
        alternative sites for the repository, the time of the initial 
        availability of the repository, or any alternatives to the 
        isolation of spent nuclear fuel and high-level radioactive 
        waste in a repository.
            ``(3) Adoption by commission.--The Secretary's 
        environmental impact statement and any supplements thereto 
        shall, to the extent practicable, be adopted by the Commission 
        in connection with the issuance by the Commission of a 
        construction authorization under subsection (b)(1), a license 
        under subsection (b)(2), or a license amendment under 
        subsection (b)(3). To the extent such statement or supplement 
        is adopted by the Commission, such adoption shall be deemed to 
        also satisfy the responsibilities of the Commission under the 
        National Environmental Policy Act of 1969, and no further 
        consideration shall be required, except that nothing in this 
        subsection shall affect any independent responsibilities of the 
        Commission to protect the public health and safety under the 
        Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). In any such 
        statement prepared with respect to the repository, the 
        Commission shall not consider the need for a repository, the 
        time of initial availability of the repository, alternate sites 
        to the Yucca Mountain site, or nongeologic alternatives to such 
        site.
    ``(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 
        July 28, 1995, and on file with the Secretary, are established 
        as the boundaries of the interim storage facility site.
            ``(2) Boundaries.--The boundaries depicted on the map 
        entitled `Yucca Mountain Site Withdrawal Map,' dated July 28, 
        1995, and on file with the Secretary, are established as the 
        boundaries of the Yucca Mountain site.
            ``(3) Notice and maps.--Within 6 months of the date of 
        enactment of this Act, the Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the interim storage 
                facility site; and
                    ``(B) file copies of the maps described in 
                paragraph (1), and the legal description of the interim 
                storage facility site with the Congress, the Secretary 
                of the Interior, the Governor of Nevada, and the 
                Archivist of the United States.
            ``(4) Notice and maps.--Concurrent with the Secretary's 
        application to the Commission for authority to construct the 
        repository, the Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the Yucca Mountain 
                site; and
                    ``(B) file copies of the maps described in 
                paragraph (2), and the legal description of the Yucca 
                Mountain site with the Congress, the Secretary of the 
                Interior, the Governor of Nevada, and the Archivist of 
                the United States.
            ``(5) Construction.--The maps and legal descriptions of the 
        interim storage facility site and the Yucca Mountain site 
        referred to in this subsection shall have the same force and 
        effect as if they were included in this Act. The Secretary may 
        correct clerical and typographical errors in the maps and legal 
        descriptions and make minor adjustments in the boundaries of 
        the sites.

``SEC. 207. APPLICABILITY.

    ``Nothing in this Act shall affect the application of chapter 51 of 
title 49, United States Code; part A of subtitle V of title 49, United 
States Code; part B of subtitle VI of title 49, United States Code; and 
title 23, United States Code.

                      ``TITLE III--LOCAL RELATIONS

``SEC. 301. ON-SITE REPRESENTATIVE.

    ``The Secretary shall offer to Nye County, Nevada, an opportunity 
to designate a representative to conduct on-site oversight activities 
at the Yucca Mountain site. Reasonable expenses of such representatives 
shall be paid by the Secretary.

``SEC. 302. BENEFITS AGREEMENTS.

    ``(a) In General.--
            ``(1) Separate agreements.--The Secretary shall offer to 
        enter into separate agreements with Nye County, Nevada, and 
        Lincoln County, Nevada, concerning the integrated management 
        system.
            ``(2) Agreement content.--Any agreement shall contain such 
        terms and conditions, including such financial and 
        institutional arrangements, as the Secretary and agreement 
        entity determine to be reasonable and appropriate and shall 
        contain such provisions as are necessary to preserve any right 
        to participation or compensation of Nye County, Nevada, and 
        Lincoln County, Nevada.
    ``(b) Amendment.--An agreement entered into under subsection (a) 
may be amended only with the mutual consent of the parties to the 
amendment and terminated only in accordance with subsection (c).
    ``(c) Termination.--The Secretary shall terminate an agreement 
under subsection (a) if any element of the integrated management system 
may not be completed.
    ``(d) Limitation.--Only 1 agreement each for Nye County, Nevada, 
and Lincoln County, Nevada, may be in effect at any one time.
    ``(e) Judicial Review.--Decisions of the Secretary under this 
section are not subject to judicial review.

``SEC. 303. CONTENT OF AGREEMENTS.

    ``(a) In General.--
            ``(1) Schedule.--The Secretary, subject to appropriations, 
        shall make payments to the party of a benefits agreement under 
        section 302(a) in accordance with the following schedule:


                           ``BENEFITS SCHEDULE                          
                          [Amounts in millions]                         
------------------------------------------------------------------------
                            Event                                County 
------------------------------------------------------------------------
(A) Annual payments prior to first receipt of fuel...........       $2.5
(B) Upon first spent fuel receipt............................        $5 
(C) Annual payments after first spent fuel receipt until                
 closure of facility.........................................        $5 
------------------------------------------------------------------------

            ``(2) Definitions.--For purposes of this 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 line (A) of the benefit schedule 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 line (C) of the benefit schedule shall be 
        made on the anniversary date of such first spent fuel receipt.
            ``(4) Reduction.--If the first spent fuel payment under 
        line (B) is made within 6 months after the last annual payment 
        prior to the receipt of spent fuel under line (A) of the 
        benefit schedule, such first spent fuel payment under line (B) 
        of the benefit schedule shall be reduced by an amount equal to 
        \1/12\ of such annual payment under line (A) of the benefit 
        schedule for each full month less than 6 that has not elapsed 
        since the last annual payment under line (A) of the benefit 
        schedule.
    ``(b) Contents.--A benefits agreement under section 302 shall 
provide that--
            ``(1) the parties to the agreement shall share with one 
        another information relevant to the licensing process for the 
        interim storage facility or repository, as it becomes 
        available; and
            ``(2) the affected unit of local government that is party 
        to such agreement may comment on the development of the 
        integrated management system and on documents required under 
        law or regulations governing the effects of the system on the 
        public health and safety.
    ``(c) Construction.--The signature of the Secretary on a valid 
benefits agreement under section 302 shall constitute a commitment by 
the United States to make payments in accordance with such agreement.

``SEC. 304. ACCEPTANCE OF BENEFITS.

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

``SEC. 305. RESTRICTION ON USE OF FUNDS.

    ``None of the funding provided under section 303 may be used--
            ``(1) directly or indirectly to influence legislative 
        action on any matter pending before Congress or a State 
        legislature or for any lobbying activity as 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. 306. INITIAL LAND CONVEYANCES.

    ``(a) Conveyance of Public Lands.--Within 120 days after October 1, 
1998, the Secretary of the Interior, or other agency with jurisdiction 
over the public lands described in subsection (b), shall convey the 
public lands described in subsection (b) to the appropriate county, 
unless the county notifies the Secretary of the 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, County 
of Lincoln, or the City of Caliente under this subsection that are 
subject to a Federal grazing permit or a similar federally granted 
privilege shall be conveyed between 60 and 120 days of the earliest 
time the Federal agency administering or granting the privilege would 
be able to legally terminate such privilege under the statutes and 
regulations existing on October 1, 1998, unless the Federal agency, 
county or city, and the affected holder of the privilege negotiate an 
agreement that allows for an earlier conveyance, but in no case to 
occur earlier than October 1, 1998.
    ``(b) Special Conveyances.--Subject to valid existing rights and 
notwithstanding any other law, the Secretary of the Interior or the 
head of the other appropriate agency shall convey:
            ``(1) To the County of Nye, Nevada, the following public 
        lands depicted on the maps dated October 11, 1995, and on file 
        with the Secretary:
                    ``Map 1: Proposed Pahrump Industrial Park Site
                    ``Map 2: Proposed Lathrop Wells (Gate 510) 
                Industrial Park Site
                    ``Map 3: Pahrump Landfill Sites
                    ``Map 4: Amargosa Valley Regional Landfill Site
                    ``Map 5: Amargosa Valley Municipal 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.
            ``(2) To the County of Lincoln, Nevada, the following 
        public lands depicted on the maps dated October 11, 1995, and 
        on file with the Secretary:
                    ``Map 2: Lincoln County, Parcel M, Industrial Park 
                Site, Jointly with the City of Caliente
                    ``Map 3: Lincoln County, Parcels F and G, Mixed 
                Use, Industrial Sites
                    ``Map 4: Lincoln County, Parcels H and I, Mixed Use 
                and Airport Expansion Sites
                    ``Map 5: Lincoln County, Parcels J and K, Mixed 
                Use, Airport and Landfill Expansion Sites
                    ``Map 6: Lincoln County, Parcels E and L, Mixed 
                Use, Airport and Industrial Expansion Sites.
            ``(3) To the City of Caliente, Nevada, the following public 
        lands depicted on the maps dated October 11, 1995, and on file 
        with the Secretary:
                    ``Map 1: City of Caliente, Parcels A, B, C and D, 
                Community Growth, Landfill Expansion and Community 
                Recreation Sites
                    ``Map 2: City of Caliente, Parcel M, Industrial 
                Park Site, jointly with Lincoln County.
    ``(c) National Environmental Policy Act of 1969.--The activities of 
the Secretary and the head of any other Federal agency in connection 
with subsections (a) and (b) shall be considered preliminary decision 
making activities. No such activity shall require the preparation of an 
environmental impact statement under section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) or any 
environmental review under subparagraph (E) or (F) of section 102(2) of 
such Act.

``SEC. 307. PAYMENTS EQUAL TO TAXES.

    ``(a) Taxable Amounts.--In addition to financial assistance 
provided under this title, 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.
    ``(b) Termination.--Such grants shall continue until such time as 
all such activities, development, and operations are terminated at such 
site.
    ``(c) Assistance to Indian Tribes and Units of Local Government.--
            ``(1) Period.--Any affected Indian tribe or affected unit 
        of local government may not receive any grant under subsection 
        (a) 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.
            ``(2) 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.

                  ``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 spent fuel or waste upon the payment of fees 
        in accordance with 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.
            ``(2) Annual fees.--
                    ``(A) Electricity.--
                            ``(i) In general.--Under a contract entered 
                        into under paragraph (1) there shall be a fee 
                        for electricity generated by civilian nuclear 
                        power reactors and sold on or after the date of 
                        enactment of this Act. The aggregate amount of 
                        such fees collected during each fiscal year 
                        shall be no greater than the annual level of 
                        appropriations for expenditures on the 
                        integrated management system for that fiscal 
                        year, minus--
                                    ``(I) any unobligated balance of 
                                fees collected during the previous 
                                fiscal year; and
                                    ``(II) such appropriations required 
                                to be funded by the Federal Government 
                                pursuant to section 403.
                            ``(ii) Fee level.--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 for the period commencing with 
                        fiscal year 1999 and continuing through the 
                        fiscal year in which disposal at the repository 
                        commences--
                                    ``(I) the average annual fee 
                                collected under this subparagraph shall 
                                not exceed 1.0 mill per-kilowatt hour 
                                generated and sold; and
                                    ``(II) the fee in any fiscal year 
                                in such period shall not exceed 1.5 
                                mill per kilowatt hour generated and 
                                sold.
                        Thereafter, the annual fee collected under this 
                        subparagraph shall not exceed 1.0 mill per-
                        kilowatt hour generated and sold. Fees assessed 
                        pursuant to this subparagraph 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.
                    ``(B) Expenditures if shortfall.--If, during any 
                fiscal year, the aggregate amount of fees assessed 
                pursuant to subparagraph (A) is less than the annual 
                level of appropriations for expenditures on those 
                activities specified in subsection (d) for that fiscal 
                year, minus--
                            ``(i) any unobligated balance collected 
                        pursuant to this section during the previous 
                        fiscal year, and
                            ``(ii) 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 appropriations.
                    ``(C) Rules.--The Secretary shall, by rule, 
                establish procedures necessary to implement this 
                paragraph.
            ``(3) One-time fees.--The one-time fees collected under 
        contracts executed under section 302(a) of the Nuclear Waste 
        Policy Act of 1982 before the date of enactment of this Act on 
        spent nuclear fuel, or high-level radioactive waste derived 
        from spent nuclear fuel, which fuel was used to generate 
        electricity in a civilian nuclear power reactor before April 7, 
        1983, shall be paid to the Nuclear Waste Fund. The Secretary 
        shall collect all such fees before the expiration of fiscal 
        year 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 and the license shall remain 
        suspended until the full amount of the fee referred to in this 
        paragraph is paid. In paying such a fee, the person delivering 
        such spent nuclear fuel or high-level radioactive wastes, to 
        the Secretary shall have no further financial obligation under 
        this paragraph to the Federal Government for the long-term 
        storage and permanent disposal of such spent nuclear fuel or 
        high-level radioactive waste.
    ``(b) Advance Contracting Requirement.--
            ``(1) In general.--
                    ``(A) License issuance and renewal.--The Commission 
                shall not issue or renew a 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 subsection (a).
                    ``(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 a party to a 
        contract entered into under this section may be assignable with 
        transfer of title to the spent nuclear fuel or high-level 
        radioactive waste involved.
            ``(4) Disposal condition.--No spent nuclear fuel or high-
        level radioactive waste generated or owned by any department of 
        the United States referred to in section 101 or 102 of title 5, 
        United States Code, may be stored or disposed of by the 
        Secretary at the interim storage facility or repository in the 
        integrated management system developed under this Act unless, 
        in each fiscal year, such department funds its appropriate 
        portion of the costs of such storage and disposal as specified 
        in section 403.
    ``(c) Nuclear Waste Fund.--
            ``(1) In general.--The Nuclear Waste Fund established in 
        the Treasury of the United States under section 302(c) of the 
        Nuclear Waste Policy Act of 1982 shall continue in effect under 
        this Act and shall consist of--
                    ``(A) all receipts, proceeds, and recoveries 
                realized by the Secretary before the date of enactment 
                of this Act;
                    ``(B) any appropriations made by the Congress 
                before the date of enactment of this Act to the Nuclear 
                Waste Fund;
                    ``(C) all interest paid on amounts invested by the 
                Secretary of the Treasury under paragraph (3)(B); and
                    ``(D) the one-time fees collected pursuant to 
                subsection (a)(3).
            ``(2) Use.--The Nuclear Waste Fund shall be used 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) Use of Appropriated Funds.--During each fiscal year, the 
Secretary may make expenditures of funds collected after the date of 
enactment of this Act under this section and section 403, up to the 
level of appropriations for that fiscal year pursuant to subsection (f) 
only for purposes of the integrated management system.
    ``(e) Prohibition on Use of Appropriations and Nuclear Waste 
Fund.--The Secretary shall not make expenditures of funds collected 
pursuant to this section or section 403 to design or construct packages 
for the transportation, storage, or disposal of spent nuclear fuel from 
civilian nuclear power reactors.
    ``(f) Appropriations.--
            ``(1) Budget.--The Secretary shall submit the budget for 
        implementation of the Secretary's responsibilities under this 
        Act to the Office of Management and Budget triennially along 
        with the budget of the Department of Energy submitted at such 
        time in accordance with chapter 11 of title 31, United States 
        Code. The budget shall consist of the estimates made by the 
        Secretary of expenditures under this Act and other relevant 
        financial matters for the succeeding 3 fiscal years, and shall 
        be included in the budget of the United States Government.
            ``(2) Appropriations.--Appropriations shall be subject to 
        triennial authorization. During each fiscal year, the Secretary 
        may make expenditures, up to the level of appropriations, out 
        of the funds collected pursuant to this section and section 
        403, if the Secretary transmits the amounts appropriated for 
        implementation of this Act to the Commission and the Nuclear 
        Waste Technical Review Board in appropriate proportion to the 
        collection of such funds.
    ``(g) Effective Date.--This section shall take effect October 1, 
1998, and section 302 of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10222) shall continue in effect until October 1, 1998.

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

    ``(a) Continuation of Office of Civilian Radioactive Waste 
Management.--The Office of Civilian Radioactive Waste Management 
established under section 304(a) of the Nuclear Waste Policy Act of 
1982 as constituted prior to the date of enactment of this Act, shall 
continue in effect subsequent to the date of enactment of this Act.
    ``(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.
    ``(c) Audits.--
            ``(1) Standard.--The Office of Civilian Radioactive Waste 
        Management, its contractors, and subcontractors at all tiers, 
        shall conduct, or have conducted, audits and examinations of 
        their operations in accordance with the usual and customary 
        practices of private corporations engaged in large nuclear 
        construction projects consistent with its role in the program.
            ``(2) Time.--The management practices and performances of 
        the Office of Civilian Radioactive Waste Management shall be 
        audited every 5 years by an independent management consulting 
        firm with significant experience in similar audits of private 
        corporations engaged in large nuclear construction projects. 
        The first such audit shall be conducted 5 years after the date 
        of enactment of this Act.
            ``(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.

``SEC. 403. DEFENSE CONTRIBUTION.

    ``(a) Allocation.--No later than one year from the date of 
enactment of this Act, 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, 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, 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 the interim storage facility and repository; and
            ``(2) 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 materials described in subsection 
(a).
    ``(c) Report.--In conjunction with the annual report submitted to 
Congress under section 702, the Secretary shall advise the Congress 
annually of the amount of spent nuclear fuel and high-level radioactive 
waste from atomic energy defense activities, 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 as established under subsection (a).

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``SEC. 501. COMPLIANCE WITH OTHER LAWS.

    ``If the requirements of any law are inconsistent with or 
duplicative of the requirements of the Atomic Energy Act of 1954 (42 
U.S.C. 2011 et seq.) and this Act, the Secretary shall comply only with 
the requirements of the Atomic Energy Act of 1954 and this Act in 
implementing the integrated management system. Any requirement of a 
State or political subdivision of a State is preempted if--
            ``(1) complying with such requirement and a requirement of 
        this Act is impossible; or
            ``(2) such requirement, as applied or enforced, is an 
        obstacle to accomplishing or carrying out this Act or a 
        regulation under this Act.

``SEC. 502. 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.
    ``(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.

``SEC. 503. JUDICIAL REVIEW OF AGENCY ACTIONS.

    ``(a) Jurisdiction of 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 made 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) with respect to any 
                action under this Act or alleging a failure to prepare 
                such statement with respect to any such action.
            ``(2) Venue.--The venue of any proceeding under this 
        section shall be in the judicial circuit in which the 
        petitioner involved resides or has its principal office, or in 
        the United States Court of Appeals for the District of 
        Columbia.
    ``(b) Deadline for Commencing Action.--A civil action for judicial 
review described under subsection (a)(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 the 
party 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 of such decision, action, or failure 
to act, such party may bring a civil action no later than 180 days 
after the date such party acquired actual or constructive knowledge of 
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. 504. 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. 505. 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. 506. 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. 507. 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 powerplant operators, 
supervisors, technicians, and other appropriate operating personnel. 
Such regulations or guidance shall establish simulator training 
requirements for applicants for civilian nuclear powerplant operator 
licenses and for operator requalification programs; requirements 
governing Commission administration of requalification examinations; 
requirements for operating tests at civilian nuclear powerplant 
simulators, and instructional requirements for civilian nuclear 
powerplant licensee personnel training programs.

``SEC. 508. ACCEPTANCE SCHEDULE.

    ``The acceptance schedule shall be implemented in accordance with 
the following:
            ``(1) Priority ranking.--Acceptance priority ranking shall 
        be determined by the Department's `Acceptance Priority Ranking' 
        report.
            ``(2) Acceptance rate.--Except as provided in paragraph 
        (5), the Secretary's acceptance rate for spent nuclear fuel 
        shall be no less than the following: 1,200 MTU in 2002 and 
        1,200 MTU in 2003, 2,000 MTU in 2004 and 2,000 MTU in 2005, 
        2,700 MTU in 2006, and 3,000 MTU thereafter.
            ``(3) Other acceptances.--In each year, once the Secretary 
        has achieved the annual acceptance rate for spent nuclear fuel 
        from civilian nuclear power reactors established pursuant to 
        the contracts executed under the Nuclear Waste Policy Act of 
        1982 (as set forth in the Secretary's annual capacity report 
        dated March 1995 (DOE/RW-0457)), the Secretary--
                    ``(A) shall accept from spent nuclear fuel from 
                foreign research reactors and spent nuclear fuel from 
                naval reactors and high-level radioactive waste from 
                atomic energy defense activities, an amount of spent 
                nuclear fuel and high-level radioactive waste which 
                is--
                            ``(i) at least 25 percent of the difference 
                        between such annual acceptance rate and the 
                        annual rate specified in paragraph (2), or
                            ``(ii) 5 percent of the total amount of 
                        spent nuclear fuel and high-level radioactive 
                        waste actually accepted,
                whichever is higher. If such amount is less than the 
                rate prescribed in the preceding sentence, the 
                Secretary shall accept spent nuclear fuel or high-level 
                radioactive waste of domestic origin from civilian 
                nuclear power reactors which have permanently ceased 
                operation; and
                    ``(B) may, additionally, accept any other spent 
                nuclear fuel or high-level radioactive waste.
            ``(4) Exception.--If the annual rate under the acceptance 
        schedule is not achieved, the acceptance rate of the Secretary 
        of the materials described in paragraph (3)(A) shall be the 
        greater of the acceptance rate prescribed by paragraph (3) and 
        calculated on the basis of the amount of spent nuclear fuel and 
        high-level radioactive waste actually received or 5 percent of 
        the total amount of spent nuclear fuel and high-level 
        radioactive waste actually accepted.
            ``(5) Adjustment.--If the Secretary is unable to begin 
        acceptance by January 31, 2002 at the rate specified in 
        paragraph (2) or if the cumulative amount accepted in any year 
        thereafter is less than that which would have been accepted 
        under the rate specified in paragraph (2), the acceptance 
        schedule shall, to the extent practicable, be adjusted upward 
        such that within 5 years of the start of acceptance by the 
        Secretary--
                    ``(A) the total quantity accepted by the Secretary 
                is consistent with the total quantity that the 
                Secretary would have accepted if the Secretary had 
                begun acceptance in 2002; and
                    ``(B) thereafter the acceptance rate is equivalent 
                to the rate that would be in place pursuant to 
                paragraph (2) if the Secretary had commenced acceptance 
                in 2002.
            ``(6) Effect on schedule.--The acceptance schedule shall 
        not be affected or modified in any way as a result of the 
        Secretary's acceptance of any material other than contract 
        holders' spent nuclear fuel and high-level radioactive waste.

``SEC. 509. SUBSEABED OR OCEAN WATER DISPOSAL.

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

``SEC. 510. SEPARABILITY.

    ``If any provision of this Act, or the application of such 
provision to any person or circumstance, is held to be invalid, the 
remainder of this Act, or the application of such provision to persons 
or circumstances other than those as to which it is held invalid, shall 
not be affected thereby.

``SEC. 511. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

     ``(a) In General.--It is the sense of the Congress that, to the 
greatest extent practicable, all equipment and products purchased with 
funds made available under this Act should be American-made.
    ``(b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
under this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    ``(c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined by a 
court or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, the person shall be ineligible 
to receive any contract or subcontract made with funds made available 
under this Act, pursuant to the debarment, suspension, and 
ineligibility procedures described in sections 9.400 through 9.409 of 
title 48, Code of Federal Regulations.

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

``SEC. 604. INVESTIGATORY POWERS.

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

``SEC. 605. COMPENSATION OF MEMBERS.

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

``SEC. 607. SUPPORT SERVICES.

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

``SEC. 608. REPORT.

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

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 610. TERMINATION OF THE BOARD.

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

                     ``TITLE VII--MANAGEMENT REFORM

``SEC. 701. MANAGEMENT REFORM INITIATIVES.

    ``(a) In General.--The Secretary is directed to take actions as 
necessary to improve the management of the civilian radioactive waste 
management program to ensure that the program is operated, to the 
maximum extent practicable, in like manner as a private business.
    ``(b) 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 the date of enactment of 
this Act, the Secretary shall report to Congress on its planned actions 
for implementing the provisions of this Act, including the development 
of the Integrated Waste Management System. Such report shall include--
            ``(1) an analysis of the Secretary's progress in meeting 
        its statutory and contractual obligation to accept title to, 
        possession of, and delivery of spent nuclear fuel and high-
        level radioactive waste beginning no later than January 31, 
        2002, and in accordance with the acceptance schedule;
            ``(2) a detailed schedule and timeline showing each action 
        that the Secretary intends to take to meet the Secretary's 
        obligations under this Act and the contracts;
            ``(3) a detailed description of the Secretary's contingency 
        plans in the event that the Secretary is unable to meet the 
        planned schedule and timeline; and
            ``(4) an analysis by the Secretary of its funding needs for 
        fiscal years 1996 through 2001.
    ``(b) Annual Reports.--On each anniversary of the submittal of the 
report required by subsection (a), the Secretary shall make annual 
reports to the Congress for the purpose of updating the information 
contained in such report. The annual reports shall be brief and shall 
notify the Congress of--
            ``(1) any modifications to the Secretary's schedule and 
        timeline for meeting its obligations under this Act;
            ``(2) the reasons for such modifications, and the status of 
        the implementation of any of the Secretary's contingency plans; 
        and
            ``(3) the Secretary's analysis of its funding needs for the 
        ensuing 5 fiscal years.''.

SEC. 2. CONTINUATION OF CONTRACTS.

    Subsequent to the date of enactment of this Act, the contracts 
executed under section 302(a) of the Nuclear Waste Policy Act of 1982 
shall continue in effect under this Act in accordance with their terms 
except to the extent that the contracts have been modified by the 
parties to the contract.

            Passed the House of Representatives October 30, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
                                     





                                                       Calendar No. 312

105th CONGRESS

  2d Session

                               H. R. 1270

_______________________________________________________________________

                                 AN ACT

             To amend the Nuclear Waste Policy Act of 1982.

_______________________________________________________________________

                           February 23, 1998

            Received; read twice and placed on the calendar