[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 104 Public Print (PP)]

                              May 6, 1997

                    Ordered to be printed as passed

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
                                 S. 104

_______________________________________________________________________

                                 AN ACT


 
             To amend the Nuclear Waste Policy Act of 1982.

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

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

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

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

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

``Sec. 201. Intermodal transfer.
``Sec. 202. Transportation planning.
``Sec. 203. Transportation requirements.
``Sec. 204. Viability assessment and Presidential determination
``Sec. 205. Interim storage facility.
``Sec. 206. Permanent repository.
``Sec. 207. Compliance with the National Environmental Policy Act.
``Sec. 208. Land withdrawal.
                      ``TITLE III--LOCAL RELATIONS

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

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

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

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

``Sec. 701. Management reform initiatives.
``Sec. 702. Reporting.
                      ``TITLE VIII--MISCELLANEOUS

``Sec. 801. Sense of the Senate.
``Sec. 802. Effective date.

``SEC. 2. DEFINITIONS.

    ``For purposes of this Act:
            ``(1) Accept, acceptance.--The terms `accept' and 
        `acceptance' mean the Secretary's act of taking possession of 
        spent nuclear fuel or high-level radioactive waste.
            ``(2) Affected indian tribe.--The term `affected Indian 
        tribe' means any Indian tribe--
                    ``(A) whose reservation is surrounded by or borders 
                an affected unit of local government, or
                    ``(B) whose federally defined possessory or usage 
                rights to other lands outside of the reservation's 
                boundaries arising out of congressionally ratified 
                treaties may be substantially and adversely affected by 
                the locating of an interim storage facility or a 
                repository if the Secretary of the Interior finds, upon 
                the petition of the appropriate governmental officials 
                of the tribe, that such effects are both substantial 
                and adverse to the tribe.
            ``(3) Affected unit of local government.--The term 
        `affected unit of local government' means the unit of local 
        government with jurisdiction over the site of a repository or 
        interim storage facility. Such term may, at the discretion of 
        the Secretary, include other units of local government that are 
        contiguous with such unit.
            ``(4) Atomic energy defense activity.--The term `atomic 
        energy defense activity' means any activity of the Secretary 
        performed in whole or in part in carrying out any of the 
        following functions:
                    ``(A) Naval reactors development.
                    ``(B) Weapons activities including defense inertial 
                confinement fusion.
                    ``(C) Verification and control technology.
                    ``(D) Defense nuclear materials production.
                    ``(E) Defense nuclear waste and materials 
                byproducts management.
                    ``(F) Defense nuclear materials security and 
                safeguards and security investigations.
                    ``(G) Defense research and development.
            ``(5) Civilian nuclear power reactor.--The term `civilian 
        nuclear power reactor' means a civilian nuclear power plant 
        required to be licensed under section 103 or 104 b. of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
            ``(6) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(7) Contracts.--The term `contracts' means the contracts, 
        executed prior to the date of enactment of the Nuclear Waste 
        Policy Act of 1997, under section 302(a) of the Nuclear Waste 
        Policy Act of 1982, by the Secretary and any person who 
        generates or holds title to spent nuclear fuel or high-level 
        radioactive waste of domestic origin for acceptance of such 
        waste or fuel by the Secretary and the payment of fees to 
        offset the Secretary's expenditures, and any subsequent 
        contracts executed by the Secretary pursuant to section 401(a) 
        of this Act.
            ``(8) Contract holders.--The term `contract holders' means 
        parties (other than the Secretary) to contracts.
            ``(9) Department.--The term `Department' means the 
        Department of Energy.
            ``(10) Disposal.--The term `disposal' means the emplacement 
        in a repository of spent nuclear fuel, high-level radioactive 
        waste, or other highly radioactive material with no foreseeable 
        intent of recovery, whether or not such emplacement permits 
        recovery of such material for any future purpose.
            ``(11) Disposal system.--The term `disposal system' means 
        all natural barriers and engineered barriers, and engineered 
        systems and components, that prevent the release of 
        radionuclides from the repository.
            ``(12) Emplacement schedule.--The term `emplacement 
        schedule' means the schedule established by the Secretary in 
        accordance with section 507(a) for emplacement of spent nuclear 
        fuel and high-level radioactive waste at the interim storage 
        facility.
            ``(13) Engineered barriers and engineered systems and 
        components.--The terms `engineered barriers' and `engineered 
        systems and components', mean man-made components of a disposal 
        system. These terms include the spent nuclear fuel or high-
        level radioactive waste form, spent nuclear fuel package or 
        high-level radioactive waste package, and other materials 
        placed over and around such packages.
            ``(14) High-level radioactive waste.--The term `high-level 
        radioactive waste' means--
                    ``(A) the highly radioactive material resulting 
                from the reprocessing of spent nuclear fuel, including 
                liquid waste produced directly in reprocessing and any 
                solid material derived from such liquid waste that 
                contains fission products in sufficient concentrations; 
                and
                    ``(B) other highly radioactive material that the 
                Commission, consistent with existing law, determines by 
                rule requires permanent isolation, which includes any 
                low-level radioactive waste with concentrations of 
                radionuclides that exceed the limits established by the 
                Commission for class C radioactive waste, as defined by 
                section 61.55 of title 10, Code of Federal Regulations, 
                as in effect on January 26, 1983.
            ``(15) Federal agency.--The term `Federal agency' means any 
        Executive agency, as defined in section 105 of title 5, United 
        States Code.
            ``(16) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community of Indians recognized as eligible for the services 
        provided to Indians by the Secretary of the Interior because of 
        their status as Indians including any Alaska Native village, as 
        defined in section 3(c) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1602(c)).
            ``(17) Integrated management system.--The term `integrated 
        management system' means the system developed by the Secretary 
        for the acceptance, transportation, storage, and disposal of 
        spent nuclear fuel and high-level radioactive waste under title 
        II of this Act.
            ``(18) Interim storage facility.--The term `interim storage 
        facility' means a facility designed and constructed for the 
        receipt, handling, possession, safeguarding, and storage of 
        spent nuclear fuel and high-level radioactive waste in 
        accordance with title II of this Act.
            ``(19) Interim storage facility site.--The term `interim 
        storage facility site' means the specific site within Area 25 
        of the Nevada Test Site that is designated by the Secretary and 
        withdrawn and reserved in accordance with this Act for the 
        location of the interim storage facility.
            ``(20) Low-level radioactive waste.--The term `low-level 
        radioactive waste' means radioactive material that--
                    ``(A) is not spent nuclear fuel, high-level 
                radioactive waste, transuranic waste, or byproduct 
                material as defined in section 11 e.(2) of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2014(e)(2)); and
                    ``(B) the Commission, consistent with existing law, 
                classifies as low-level radioactive waste.
            ``(21) Metric tons uranium.--The terms `metric tons 
        uranium' and `MTU' means the amount of uranium in the original 
        unirradiated fuel element whether or not the spent nuclear fuel 
        has been reprocessed.
            ``(22) Nuclear waste fund.--The terms `Nuclear Waste Fund' 
        and `waste fund' mean the nuclear waste fund established in the 
        United States Treasury prior to the date of enactment of this 
        Act under section 302(c) of the Nuclear Waste Policy Act of 
        1982.
            ``(23) Office.--The term `Office' means the Office of 
        Civilian Radioactive Waste Management established within the 
        Department prior to the date of enactment of this Act under the 
        provisions of the Nuclear Waste Policy Act of 1982.
            ``(24) Program approach.--The term `program approach' means 
        the Civilian Radioactive Waste Management Program Plan, dated 
        May 6, 1996, as modified by this Act, and as amended from time 
        to time by the Secretary in accordance with this Act.
            ``(25) Repository.--The term `repository' means a system 
        designed and constructed under title II of this Act for the 
        geologic disposal of spent nuclear fuel and high-level 
        radioactive waste, including both surface and subsurface areas 
        at which spent nuclear fuel and high-level radioactive waste 
        receipt, handling, possession, safeguarding, and storage are 
        conducted.
            ``(26) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(27) Site characterization.--The term `site 
        characterization' means activities, whether in a laboratory or 
        in the field, undertaken to establish the geologic condition 
        and the ranges of the parameters of a candidate site relevant 
        to the location of a repository, including borings, surface 
        excavations, excavations of exploratory facilities, limited 
        subsurface lateral excavations and borings, and in situ testing 
        needed to evaluate the licensability of a candidate site for 
        the location of a repository, but not including preliminary 
        borings and geophysical testing needed to assess whether site 
        characterization should be undertaken.
            ``(28) Spent nuclear fuel.--The term `spent nuclear fuel' 
        means fuel that has been withdrawn from a nuclear reactor 
        following irradiation, the constituent elements of which have 
        not been separated by reprocessing.
            ``(29) Storage.--The term `storage' means retention of 
        spent nuclear fuel or high-level radioactive waste with the 
        intent to recover such waste or fuel for subsequent use, 
        processing, or disposal.
            ``(30) Withdrawal.--The term `withdrawal' has the same 
        definition as that set forth in section 103(j) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702(j)).
            ``(31) Yucca mountain site.--The term `Yucca Mountain site' 
        means the area in the State of Nevada that is withdrawn and 
        reserved in accordance with this Act for the location of a 
        repository.
            ``(32) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(33) Suitable.--The term `suitable' means that there is 
        reasonable assurance that the site features of a repository and 
        the engineered barriers contained therein will allow the 
        repository, as an overall system, to provide containment and 
        isolation of radionuclides sufficient to meet applicable 
        standards for protection of public health and safety.

                         ``TITLE I--OBLIGATIONS

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

    ``(a) Disposal.--The Secretary shall develop and operate an 
integrated management system for the storage and permanent disposal of 
spent nuclear fuel and high-level radioactive waste.
    ``(b) Interim Storage.--The Secretary shall store spent nuclear 
fuel and high-level radioactive waste from facilities designated by 
contract holders at an interim storage facility pursuant to section 205 
in accordance with the emplacement schedule, beginning no later than 18 
months after issuance of a license for an interim storage facility 
under section 205(g).
    ``(c) Transportation.--The Secretary shall provide for the 
transportation of spent nuclear fuel and high-level radioactive waste 
accepted by the Secretary. The Secretary shall procure all systems and 
components necessary to transport spent nuclear fuel and high-level 
radioactive waste from facilities designated by contract holders to and 
among facilities comprising the Integrated Management System. 
Consistent with the Buy American Act (41 U.S.C. 10a-10c), unless the 
Secretary shall determine it to be inconsistent with the public 
interest, or the cost to be unreasonable, all such systems and 
components procured by the Secretary shall be manufactured in the 
United States, with the exception of any transportable storage systems 
purchased by contract holders prior to the effective date of the 
Nuclear Waste Policy Act of 1997 and procured by the Secretary from 
such contract holders for use in the integrated management system.
    ``(d) Integrated Management System.--The Secretary shall 
expeditiously pursue the development of each component of the 
integrated management system, and in so doing shall seek to utilize 
effective private sector management and contracting practices.
    ``(e) Private Sector Participation.--In administering the 
Integrated Management System, the Secretary shall, to the maximum 
extent possible, utilize, employ, procure and contract with, the 
private sector to fulfill the Secretary's obligations and requirements 
under this Act.
    ``(f) Pre-existing Rights.--Nothing in this Act is intended to or 
shall be construed to modify--
            ``(1) any right of a contract holder under section 302(a) 
        of the Nuclear Waste Policy Act of 1982, or under a contract 
        executed prior to the date of enactment of this Act under that 
        section; or
            ``(2) obligations imposed upon the Federal Government by 
        the United States District Court of Idaho in an order entered 
        on October 17, 1995 in United States v. Batt (No. 91-0054-S-
        EJL).
    ``(g) Liability.--Subject to subsection (f), nothing in this Act 
shall be construed to subject the United States to financial liability 
for the Secretary's failure to meet any deadline for the acceptance or 
emplacement of spent nuclear fuel or high-level radioactive waste for 
storage or disposal under this Act.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

``SEC. 201. INTERMODAL TRANSFER.

    ``(a) Access.--The Secretary shall utilize heavy-haul truck 
transport to move spent nuclear fuel and high-level radioactive waste 
from the mainline rail line at Caliente, Nevada, to the interim storage 
facility site.
    ``(b) Capability Date.--The Secretary shall develop the capability 
to commence rail to truck intermodal transfer at Caliente, Nevada, no 
later than 18 months after issuance of a license under section 205(g) 
for an interim storage facility designated under section 204(c)(1). 
Intermodal transfer and related activities are incidental to the 
interstate transportation of spent nuclear fuel and high-level 
radioactive waste.
    ``(c) Acquisitions.--The Secretary shall acquire lands and rights-
of-way necessary to commence intermodal transfer at Caliente, Nevada.
    ``(d) Replacements.--The Secretary shall acquire and develop on 
behalf of, and dedicate to, the City of Caliente, Nevada, parcels of 
land and right-of-way within Lincoln County, Nevada, as required to 
facilitate replacement of land and city wastewater disposal facilities 
necessary to commence intermodal transfer pursuant to this Act. 
Replacement of land and city wastewater disposal activities shall occur 
no later than 2 years after the effective date of this section.
    ``(e) Notice and Map.--No later than 6 months after the effective 
date of this section, the Secretary shall--
            ``(1) publish in the Federal Register a notice containing a 
        legal description of the sites and rights-of-way to be acquired 
        under this subsection; and
            ``(2) file copies of a map of such sites and rights-of-way 
        with the Congress, the Secretary of the Interior, the State of 
        Nevada, the Archivist of the United States, the Board of 
        Lincoln County Commissioners, the Board of Nye County 
        Commissioners, and the Caliente City Council.
Such map and legal description shall have the same force and effect as 
if they were included in this Act. The Secretary may correct clerical 
and typographical errors and legal descriptions and make minor 
adjustments in the boundaries.
    ``(f) Improvements.--The Secretary shall make improvements to 
existing roadways selected for heavy-haul truck transport between 
Caliente, Nevada, and the interim storage facility site as necessary to 
facilitate year-round safe transport of spent nuclear fuel and high-
level radioactive waste.
    ``(g) Local Government Involvement.--The Commission shall enter 
into a Memorandum of Understanding with the City of Caliente and 
Lincoln County, Nevada, to provide advice to the Commission regarding 
intermodal transfer and to facilitate on-site representation. 
Reasonable expenses of such representation shall be paid by the 
Secretary.
    ``(h) Benefits Agreement.--
            ``(1) In general.--The Secretary shall offer to enter into 
        an agreement with the City of Caliente and Lincoln County, 
        Nevada concerning the integrated management system.
            ``(2) Agreement content.--Any agreement shall contain such 
        terms and conditions, including such financial and 
        institutional arrangements, as the Secretary and agreement 
        entity determine to be reasonable and appropriate and shall 
        contain such provisions as are necessary to preserve any right 
        to participation or compensation of the City of Caliente and 
        Lincoln County, Nevada.
            ``(3) Amendment.--An agreement entered into under this 
        subsection may be amended only with the mutual consent of the 
        parties to the amendment and terminated only in accordance with 
        paragraph (4).
            ``(4) Termination.--The Secretary shall terminate the 
        agreement under this subsection if any major element of the 
        integrated management system may not be completed.
            ``(5) Limitation.--Only 1 agreement may be in effect at any 
        one time.
            ``(6) Judicial review.--Decisions of the Secretary under 
        this section are not subject to judicial review.
    ``(i) Content of Agreement.--
            ``(1) Schedule.--In addition to the benefits to which the 
        City of Caliente and Lincoln County is entitled to under this 
        title, the Secretary shall make payments under the benefits 
        agreement in accordance with the following schedule:

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

            ``(2) Definitions.--For purposes of this section, the 
        term--
                    ``(A) `spent fuel' means high-level radioactive 
                waste or spent nuclear fuel; and
                    ``(B) `first spent fuel receipt' does not include 
                receipt of spent fuel or high-level radioactive waste 
                for purposes of testing or operational demonstration.
            ``(3) Annual payments.--Annual payments prior to first 
        spent fuel receipt under paragraph (1)(A) shall be made on the 
        date of execution of the benefits agreement and thereafter on 
        the anniversary date of such execution. Annual payments after 
        the first spent fuel receipt until closure of the facility 
        under paragraph (1)(C) shall be made on the anniversary date of 
        such first spent fuel receipt.
            ``(4) Reduction.--If the first spent fuel payment under 
        paragraph (1)(B) is made within 6 months after the last annual 
        payment prior to the receipt of spent fuel under paragraph 
        (1)(A), such first spent fuel payment under paragraph (1)(B) 
        shall be reduced by an amount equal to 1/12 of such annual 
        payment under paragraph (1)(A) for each full month less than 6 
        that has not elapsed since the last annual payment under 
        paragraph (1)(A).
            ``(5) Restrictions.--The Secretary may not restrict the 
        purposes for which the payments under this section may be used.
            ``(6) Dispute.--In the event of a dispute concerning such 
        agreement, the Secretary shall resolve such dispute, consistent 
        with this Act and applicable State law.
            ``(7) Construction.--The signature of the Secretary on a 
        valid benefits agreement under this section shall constitute a 
        commitment by the United States to make payments in accordance 
        with such agreement under section 401(c)(2).
    ``(j) Initial Land Conveyances.--
            ``(1) Conveyances of public lands.--One hundred and twenty 
        days after enactment of this Act, all right, title and interest 
        of the United States in the property described in paragraph 
        (2), and improvements thereon, together with all necessary 
        easements for utilities and ingress and egress to such 
        property, including, but not limited to, the right to improve 
        those easements, are conveyed by operation of law to the County 
        of Lincoln, Nevada, unless the county notifies the Secretary of 
        the Interior or the head of such other appropriate agency in 
        writing within 60 days of such date of enactment that it elects 
        not to take title to all or any part of the property, except 
        that any lands conveyed to the County of Lincoln under this 
        subsection that are subject to a Federal grazing permit or 
        lease or a similar federally granted permit or lease shall be 
        conveyed between 60 and 120 days of the earliest time the 
        Federal agency administering or granting the permit or lease 
        would be able to legally terminate such right under the 
        statutes and regulations existing at the date of enactment of 
        this Act, unless Lincoln County and the affected holder of the 
        permit or lease negotiate an agreement that allows for an 
        earlier conveyance.
            ``(2) Special conveyances.--Notwithstanding any other law, 
        the following public lands depicted on the maps and legal 
        descriptions dated October 11, 1995, shall be conveyed under 
        paragraph (1) to the County of Lincoln, Nevada:
                    Map 10: Lincoln County, Parcel M, Industrial Park 
                Site
                    Map 11: Lincoln County, Parcel F, Mixed Use 
                Industrial Site
                    Map 13: Lincoln County, Parcel J, Mixed Use, Alamo 
                Community Expansion Area
                    Map 14: Lincoln County, Parcel E, Mixed Use, Pioche 
                Community Expansion Area
                    Map 15: Lincoln County, Parcel B, Landfill 
                Expansion Site.
            ``(3) Construction.--The maps and legal descriptions of 
        special conveyances referred to in paragraph (2) shall have the 
        same force and effect as if they were included in this Act. The 
        Secretary may correct clerical and typographical errors in the 
        maps and legal descriptions and make minor adjustments in the 
        boundaries of the sites.
            ``(4) Evidence of title transfer.--Upon the request of the 
        County of Lincoln, Nevada, the Secretary of the Interior shall 
        provide evidence of title transfer.
    ``(k) This section shall become effective on the date on which the 
Secretary submits a license application under section 205 for an 
interim storage facility at a site designated under section 204(c)(1).

``SEC. 202. TRANSPORTATION PLANNING.

    ``(a) Transportation Readiness.--The Secretary--
            ``(1) shall take such actions as are necessary and 
        appropriate to ensure that the Secretary is able to transport 
        safely spent nuclear fuel and high-level radioactive waste from 
        sites designated by the contract holders to mainline 
        transportation facilities and from the mainline transportation 
        facilities to the interim storage facility or repository, using 
        routes that minimize, to the maximum practicable extent 
        consistent with Federal requirements governing transportation 
        of hazardous materials, transportation of spent nuclear fuel 
        and high-level radioactive waste through populated areas; and
            ``(2) not later than 24 months after the Secretary submits 
        a license application under section 205 for an interim storage 
        facility shall, in consultation with the Secretary of 
        Transportation and affected States and tribes, and after an 
        opportunity for public comment, develop and implement a 
        comprehensive management plan that ensures safe transportation 
        of spent nuclear fuel and high-level radioactive waste from the 
        sites designated by the contract holders to the interim storage 
        facility site.
    ``(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.
            ``(2) Matters to be addressed.--Among other things, 
        planning under paragraph (1) shall provide a schedule and 
        process for addressing and implementing, as necessary--
                    ``(A) transportation routing plans;
                    ``(B) transportation contracting plans;
                    ``(C) transportation training in accordance with 
                section 203;
                    ``(D) public education regarding transportation of 
                spent nuclear fuel and high-level radioactive waste; 
                and
                    ``(E) transportation tracking programs.
    ``(c) Shipping Campaign Transportation Plans.--
            ``(1) In general.--The Secretary shall develop a 
        transportation plan for the implementation of each shipping 
        campaign (as that term is defined by the Secretary) from each 
        site at which high-level nuclear waste is stored, consistent 
        with the principles and procedures stated in Department of 
        Energy Order No. 460.2 and the Program Manager's Guide.
            ``(2) Requirements.--A shipping campaign transportation 
        plan shall--
                    ``(A) be fully integrated with State and tribal 
                government notification, inspection, and emergency 
                response plans along the preferred shipping route or 
                State-designated alternative route identified under 
                subsection (d) (unless the Secretary certifies in the 
                plan that the State or tribal government has failed to 
                cooperate in fully integrating the shipping campaign 
                transportation plan with the applicable State or tribal 
                government plans); and
                    ``(B) be consistent with the principles and 
                procedures developed for the safe transportation of 
                transuranic waste to the Waste Isolation Pilot Plant 
                (unless the Secretary certifies in the plan that a 
                specific principle or procedure is inconsistent with a 
                provision of this Act).
    ``(d) Safe Shipping Routes and Modes.--
            ``(1) In general.--The Secretary shall evaluate the 
        relative safety of the proposed shipping routes and shipping 
        modes from each shipping origin to the interim storage facility 
        or repository compared with the safety of alternative modes and 
        routes.
            ``(2) Considerations.--The evaluation under paragraph (1) 
        shall be conducted in a manner consistent with regulations 
        promulgated by the Secretary of Transportation under authority 
        of chapter 51 of title 49, United States Code, and the Nuclear 
        Regulatory Commission under authority of the Atomic Energy Act 
        of 1954 (42 U.S.C. 2011 et seq.), as applicable.
            ``(3) Designation of preferred shipping route and mode.--
        Following the evaluation under paragraph (1), the Secretary 
        shall designate preferred shipping routes and modes from each 
        civilian nuclear power reactor and Department of Energy 
        facility that stores spent nuclear fuel or other high-level 
        defense waste.
            ``(4) Selection of primary shipping route.--If the 
        Secretary designates more than 1 preferred route under 
        paragraph (3), the Secretary shall select a primary route after 
        considering, at a minimum, historical accident rates, 
        population, significant hazards, shipping time, shipping 
        distance, and mitigating measures such as limits on the speed 
        of shipments.
            ``(5) Use of primary shipping route and mode.--Except in 
        cases of emergency, for all shipments conducted under this Act, 
        the Secretary shall cause the primary shipping route and mode 
        or State-designated alternative route under chapter 51 of title 
        49, United States Code, to be used. If a route is designated as 
        a primary route for any reactor or Department of Energy 
        facility, the Secretary may use that route to transport spent 
        nuclear fuel or high-level radioactive waste from any other 
        reactor or Department of Energy facility.
            ``(6) Training and technical assistance.--Following 
        selection of the primary shipping routes, or State-designated 
        alternative routes, the Secretary shall focus training and 
        technical assistance under section 203(c) on those routes.
            ``(7) Preferred rail routes.--
                    ``(A) Regulation.--Not later than 1 year after the 
                date of enactment of the Nuclear Waste Policy Act of 
                1997, the Secretary of Transportation, pursuant to 
                authority under other provisions of law, shall 
                promulgate a regulation establishing procedures for the 
                selection of preferred routes for the transportation of 
                spent nuclear fuel and nuclear waste by rail.
                    ``(B) Interim provision.--During the period 
                beginning on the date of enactment of the Nuclear Waste 
                Policy Act of 1997 and ending on the date of issuance 
                of a final regulation under subparagraph (A), rail 
                transportation of spent nuclear fuel and high-level 
                radioactive waste shall be conducted in accordance with 
                regulatory requirements in effect on that date and with 
                this section.

``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 tribal 
governments prior to transportation of spent nuclear fuel or high-level 
radioactive waste under this Act.
    ``(c) Technical Assistance.--
            ``(1) In general.--
                    ``(A) States and indian tribes.--As provided in 
                paragraph (3), the Secretary shall provide technical 
                assistance and funds to States and Indian tribes for 
                training of public safety officials of appropriate 
                units of State, local, and tribal government. A State 
                shall allocate to local governments within the State a 
                portion of any funds that the Secretary provides to the 
                State for technical assistance and funding.
                    ``(B) Employee organizations.--The Secretary shall 
                provide technical assistance and funds for training 
                directly to nonprofit employee organizations 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.
                    ``(C) Training.--Training under this section--
                            ``(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 under subsection (g); 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.
            ``(2) No shipments if no training.--(A) There will be no 
        shipments of spent nuclear fuel and high-level radioactive 
        waste through the jurisdiction of any State or the reservation 
        lands of any Indian tribe eligible for grants under paragraph 
        (3)(B) until the Secretary has made a determination that 
        personnel in all State, local, and tribal jurisdictions on 
        primary and alternative shipping routes have met acceptable 
        standards of training for emergency responses to accidents 
        involving spent nuclear fuel and high-level nuclear waste, as 
        established by the Secretary, and unless technical assistance 
        and funds to implement procedures for the safe routine 
        transportation and for dealing with emergency response 
        situations under paragraph (1)(A) have been available to a 
        State or Indian tribe for at least 3 years prior to any 
        shipment: Provided, however, That the Secretary may ship spent 
        nuclear fuel and high-level radioactive waste if technical 
        assistance or funds have not been made available due to (i) an 
        emergency, including the sudden and unforeseen closure of a 
        highway or rail line or the sudden and unforeseen need to 
        remove spent fuel from a reactor because of an accident, or 
        (ii) the refusal to accept technical assistance by a State or 
        Indian tribe, or (iii) fraudulent actions which violate Federal 
        law governing the expenditure of Federal funds.
            ``(B) In the event the Secretary is required to transport 
        spent fuel or high-level radioactive waste through a 
        jurisdiction prior to 3 years after the provision of technical 
        assistance or funds to such jurisdiction, the Secretary shall, 
        prior to such shipment, hold meetings in each State and Indian 
        reservation through which the shipping route passes in order to 
        present initial shipment plans and receive comments. Department 
        of Energy personnel trained in emergency response shall escort 
        each shipment. Funds and all Department of Energy training 
        resources shall be made available to States and Indian tribes 
        along the shipping route no later than three months prior to 
        the commencement of shipments: Provided, however, That in no 
        event shall such shipments exceed 1,000 metric tons per year: 
        Provided further, That no such shipments shall be conducted 
        more than four years after the effective date of the Nuclear 
        Waste Policy Act of 1997.
            ``(3) Grants.--
                    ``(A) In general.--To implement this section, 
                grants shall be made under section 401(c)(2).
                    ``(B) Grants for development of plans.--
                            ``(i) In general.--The Secretary shall make 
                        a grant of at least $150,000 to each State 
                        through the jurisdiction of which and each 
                        federally recognized Indian tribe through the 
                        reservation lands of which a shipment of spent 
                        nuclear fuel or high-level radioactive waste 
                        will be made under this Act for the purpose of 
                        developing a plan to prepare for such 
                        shipments.
                            ``(ii) Limitation.--A grant shall be made 
                        under clause (i) only to a State or a federally 
                        recognized Indian tribe that has the authority 
                        to respond to incidents involving shipments of 
                        hazardous material.
                    ``(C) Grants for implementation of plans.--
                            ``(i) In general.--Annual implementation 
                        grants shall be made to States and Indian 
                        tribes that have developed a plan to prepare 
                        for shipments under this Act under subparagraph 
                        (B). The Secretary, in submitting the annual 
                        departmental budget to Congress for funding of 
                        implementation grants under this section, shall 
                        be guided by the State and tribal plans 
                        developed under subparagraph (B). As part of 
                        the Department of Energy's annual budget 
                        request, the Secretary shall report to Congress 
                        on--
                                    ``(I) the funds requested by States 
                                and federally recognized Indian tribes 
                                to implement this subsection;
                                    ``(II) the amount requested by the 
                                President for implementation; and
                                    ``(III) the rationale for any 
                                discrepancies between the amounts 
                                requested by States and federally 
                                recognized Indian tribes and the 
                                amounts requested by the President.
                            ``(ii) Allocation.--Of funds available for 
                        grants under this subparagraph for any fiscal 
                        year--
                                    ``(I) 25 percent shall be allocated 
                                by the Secretary to ensure minimum 
                                funding and program capability levels 
                                in all States and Indian tribes based 
                                on plans developed under subparagraph 
                                (B); and
                                    ``(II) 75 percent shall be 
                                allocated to States and Indian tribes 
                                in proportion to the number of shipment 
                                miles that are projected to be made in 
                                total shipments under this Act through 
                                each jurisdiction.
            ``(4) Availability of funds for shipments.--Funds under 
        paragraph (1) shall be provided for shipments to an interim 
        storage facility or repository, regardless of whether the 
        interim storage facility or repository is operated by a private 
        entity or by the Department of Energy.
    ``(d) Public Education.--The Secretary shall conduct a program to 
educate the public regarding the transportation of spent nuclear fuel 
and high-level radioactive waste, with an emphasis upon those States, 
units of local government, and Indian tribes through whose jurisdiction 
the Secretary plans to transport substantial amounts of spent nuclear 
fuel or high-level radioactive waste.
    ``(e) Compliance With Transportation Regulations.--Any person that 
transports spent nuclear fuel or high-level radioactive waste under the 
Nuclear Waste Policy Act of 1997, pursuant to a contract with the 
Secretary, shall comply with all requirements governing such 
transportation issued by the Federal, State and local governments, and 
Indian tribes, in the same way and to the same extent that any person 
engaging in that transportation that is in or affects interstate 
commerce must comply with such requirements, as required by section 
5126 of title 49, United States Code.
    ``(f) Employee Protection.--Any person engaged in the interstate 
commerce of spent nuclear fuel or high-level radioactive waste under 
contract to the Secretary pursuant to this Act shall be subject to and 
comply fully with the employee protection provisions of 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) No later than 12 months after the 
date of enactment of the Nuclear Waste Policy Act of 1997, the 
Secretary of Transportation, pursuant to authority under other 
provisions of law, in consultation with the Secretary of Labor and the 
Commission, shall promulgate a regulation establishing training 
standards applicable to workers directly involved in the removal and 
transportation of spent nuclear fuel and high-level radioactive waste. 
The regulation shall specify minimum training standards applicable to 
workers, including managerial personnel. The regulation shall require 
that the employer possess evidence of satisfaction of the applicable 
training standard before any individual may be employed in the removal 
and transportation of spent nuclear fuel and high-level radioactive 
waste.
    ``(2) If the Secretary of Transportation determines, in 
promulgating the regulation required by subparagraph (1), that 
regulations promulgated by the Commission establish adequate training 
standards for workers, then the Secretary of Transportation can refrain 
from promulgating additional regulations with respect to worker 
training in such activities. The Secretary of Transportation and the 
Commission shall work through their Memorandum of Understanding to 
ensure coordination of worker training standards and to avoid 
duplicative regulation.
    ``(3) The training standards required to be promulgated under 
subparagraph (1) shall, among other things deemed necessary and 
appropriate by the Secretary of Transportation, include the following 
provisions--
            ``(A) a specified minimum number of hours of initial off 
        site instruction and actual field experience under the direct 
        supervision of a trained, experienced supervisor;
            ``(B) a requirement that onsite managerial personnel 
        receive the same training as workers, and a minimum number of 
        additional hours of specialized training pertinent to their 
        managerial responsibilities; and
            ``(C) a training program applicable to persons responsible 
        for responding to and cleaning up emergency situations 
        occurring during the removal and transportation of spent 
        nuclear fuel and high-level radioactive waste.
    ``(4) There is authorized to be appropriated to the Secretary of 
Transportation, from general revenues, such sums as may be necessary to 
perform his duties under this subsection.

``SEC. 204. VIABILITY ASSESSMENT AND PRESIDENTIAL DETERMINATION.

    ``(a) Viability Assessment.--No later than December 1, 1998, the 
Secretary shall provide to the President and to the Congress a 
viability assessment of the Yucca Mountain site. The viability 
assessment shall include--
            ``(1) the preliminary design concept for the critical 
        elements of the repository and waste package;
            ``(2) a total system performance assessment, based upon the 
        preliminary design concept in paragraph (1) of this subsection 
        and the scientific data and analysis available on June 30, 
        1998, describing the probable behavior of the repository 
        relative to the overall system performance standard under 
        section 206(f) of this Act or, if the standard under section 
        206(f) has not been promulgated, relative to an estimate by the 
        Secretary of an overall system performance standard that is 
        consistent with section 206(f);
            ``(3) a plan and cost estimate for the remaining work 
        required to complete the license application under section 
        206(c) of this Act, and
            ``(4) an estimate of the costs to construct and operate the 
        repository in accordance with the preliminary design concept in 
        paragraph (1) of this subsection.
    ``(b) Presidential Determination.--No later than March 1, 1999, the 
President, in his sole and unreviewable discretion, may make a 
determination disqualifying the Yucca Mountain site as a repository, 
based on the President's views that the preponderance of information 
available at such time indicates that the Yucca Mountain site is not 
suitable for development of a repository of useful size. If the 
President makes a determination under this subsection--
            ``(1) the Secretary shall cease all activities (except 
        necessary termination activities) at the Yucca Mountain site 
        and section 206 of this Act shall cease to be in effect; and
            ``(2) no later than 6 months after such determination, the 
        Secretary shall report to Congress on the need for additional 
        legislation relating to the permanent disposal of nuclear 
        waste.
    ``(c) Preliminary Secretarial Designation of Interim Storage 
Facility Sites.--
            ``(1) If the President does not make a determination under 
        subsection (b) of this section, no later than March 31, 1999, 
        the Secretary shall make a preliminary designation of a 
        specific site within Area 25 of the Nevada Test Site for 
        planning and construction of an interim storage facility under 
        section 205.
            ``(2) Within 18 months of a determination by the President 
        that the Yucca Mountain site is unsuitable for development as a 
        repository under subsection (b), the President shall designate 
        a site for the construction of an interim storage facility. The 
        President shall not designate the Hanford Nuclear Reservation 
        in the State of Washington, and the Savannah River Site and 
        Barnwell County in the State of South Carolina, or the Oak 
        Ridge Reservation in the State of Tennessee, as a site for 
        construction of an interim storage facility. If the President 
        does not designate a site for the construction of an interim 
        storage facility, or the construction of an interim storage 
        facility at the designated site is not approved by law within 
        24 months of the President's determination that the Yucca 
        Mountain site is not suitable for development as a repository, 
        the interim storage facility site as defined in section 2(19) 
        of this Act is designated as the interim storage facility site 
        for purposes of section 205. The interim storage facility site 
        shall be deemed to be approved by law for purposes of this 
        paragraph.

``SEC. 205. INTERIM STORAGE FACILITY.

    ``(a) Non-site-specific Activities.--As soon as practicable after 
the date of enactment of the Nuclear Waste Policy Act of 1997, the 
Secretary shall submit to the Commission a topical safety analysis 
report containing a generic design for an interim storage facility. If 
the Secretary has submitted such a report prior to such date of 
enactment, the report shall be deemed to have satisfied the requirement 
in the preceding sentence. No later than December 31, 1998, the 
Commission shall issue a safety evaluation report approving or 
disapproving the generic design submitted by the Secretary.
    ``(b) Site-specific 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 designated under section 204 and licensed by the 
Commission under this section. The Commission shall license the interim 
storage facility in accordance with the Commission's regulations 
governing the licensing of independent storage of spent nuclear fuel 
and high-level radioactive waste (10 CFR part 72). Such regulations 
shall be amended by the Commission as necessary to implement the 
provisions of this Act. The Commission may amend part 72 of title 10, 
Code of Federal Regulations with regard to facilities not covered by 
this Act as deemed appropriate by the Commission.
    ``(c) Limitations and Conditions.--
            ``(1) The Secretary shall not commence construction of an 
        interim storage facility (which shall mean taking actions 
        within the meaning of the term `commencement of construction' 
        contained in the Commission's regulations in section 72.3 of 
        title 10, Code of Federal Regulations) before the Commission, 
        or an appropriate officer or Board of the Commission, makes the 
        finding under section 72.40(b) of title 10, Code of Federal 
        Regulations.
            ``(2) After the Secretary makes the preliminary designation 
        of an interim storage site under section 204, the Secretary may 
        commence site data acquisition activities and design activities 
        necessary to complete license application and environmental 
        report under subsection (d) of this section.
            ``(3) Notwithstanding any other applicable licensing 
        requirement, the Secretary may utilize facilities owned by the 
        Federal Government on the date of enactment of the Nuclear 
        Waste Policy Act of 1997 and located within the boundaries of 
        the interim storage site, in connection with addressing any 
        imminent and substantial endangerment to public health and 
        safety at the interim storage facility site, prior to receiving 
        a license from the Commission for the interim storage facility, 
        for purposes of fulfilling requirements for retrievability 
        during the first five years of operation of the interim storage 
        facility.
    ``(d) License Application.--No later than 30 days after the date on 
which the Secretary makes a preliminary designation of an interim 
storage facility site under section 204, the Secretary shall submit a 
license application and an environmental report in accordance with 
applicable regulations (subpart B of part 72 of title 10, Code of 
Federal Regulations, and subpart A of part 51 of title 10, Code of 
Federal Regulations, respectively). The license application--
            ``(1) shall be for a term of 40 years; and
            ``(2) shall be for a quantity of spent nuclear fuel or 
        high-level radioactive waste equal to the quantity that would 
        be emplaced under section 507 prior to the date that the 
        Secretary estimates, in the license application, to be the date 
        on which the Secretary will receive and store spent nuclear 
        fuel and high-level radioactive waste at the permanent 
        repository.
    ``(e) Design.--
            ``(1) The design for the interim storage facility shall 
        provide for the use of storage technologies which are licensed, 
        approved, or certified by the Commission, to ensure 
        compatibility between the interim storage facility and contract 
        holders' spent nuclear fuel and facilities, and to facilitate 
        the Secretary's ability to meet the Secretary's obligations 
        under this Act.
            ``(2) The Secretary shall consent to an amendment to the 
        contracts to provide for reimbursement to contract holders for 
        transportable storage systems purchased by contract holders if 
        the Secretary determines that it is cost effective to use such 
        transportable storage systems as part of the integrated 
        management system: Provided, That the Secretary shall not be 
        required to expend any funds to modify contract holders' 
        storage or transport systems or to seek additional regulatory 
        approvals in order to use such systems.
    ``(f) License Amendments.--
            ``(1) The Secretary may seek such amendments to the license 
        for the interim storage facility as the Secretary may deem 
        appropriate, including amendments to use new storage 
        technologies licensed by the Commission or to respond to 
        changes in Commission regulations.
            ``(2) After receiving a license from the Commission to 
        receive and store spent nuclear fuel and high-level radioactive 
        waste in the permanent repository, the Secretary shall seek 
        such amendments to the license for the interim storage facility 
        as will permit the optimal use of such facility as an integral 
        part of a single system with the repository.
    ``(g) Commission Actions.--
            ``(1) The issuance of a license to construct and operate an 
        interim storage facility 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.). Prior to issuing a 
        license under this section, the Commission shall prepare a 
        final environmental impact statement in accordance with the 
        National Environmental Policy Act of 1969, the Commission's 
        regulations, and section 207 of this Act. The Commission shall 
        ensure that this environmental impact statement is consistent 
        with the scope of the licensing action and shall analyze the 
        impacts of transportation of spent nuclear fuel and high-level 
        radioactive waste to the interim storage facility in a generic 
        manner.
            ``(2) The Commission shall issue a final decision granting 
        or denying a license for an interim storage facility not later 
        than 32 months after the date of submittal of the application 
        for such license.
            ``(3) No later than 32 months following the date of 
        enactment of the Nuclear Waste Policy Act of 1997, the 
        Commission shall make any amendments necessary to the 
        definition of `spent nuclear fuel' in section 72.4 of title 10, 
        Code of Federal Regulations, to allow an interim storage 
        facility to accept (subject to such conditions as the 
        Commission may require in a subsequent license)--
                    ``(A) spent nuclear fuel from research reactors;
                    ``(B) spent nuclear fuel from naval reactors;
                    ``(C) high-level radioactive waste of domestic 
                origin from civilian nuclear reactors that have 
                permanently ceased operation before such date of 
                enactment; and
                    ``(D) spent nuclear fuel and high-level radioactive 
                waste from atomic energy defense activities.
        Following any such amendments, the Secretary shall seek 
        authority, as necessary, to store such fuel and waste at the 
        interim storage facility. None of the activities carried out 
        pursuant to this paragraph shall delay, or otherwise affect, 
        the development, licensing, construction, or operation of the 
        interim storage facility.

``SEC. 206. PERMANENT REPOSITORY.

    ``(a) Repository Characterization.--
            ``(1) Characterization of the Yucca Mountain site.--The 
        Secretary shall carry out site characterization activities at 
        the Yucca Mountain site in accordance with the Secretary's 
        program approach to site characterization. Such activities 
        shall be limited to only those activities which the Secretary 
        considers necessary to provide the data required for evaluation 
        of the suitability of such site for an application to be 
        submitted to the Commission for a construction authorization 
        for a repository at such site, and for compliance with the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
            ``(2) Guidelines.--The Secretary shall amend the guidelines 
        in part 960 of title 10, Code of Federal Regulations, to base 
        any conclusions regarding whether a repository site is suitable 
        on, to the extent practicable, an assessment of total system 
        performance of the repository.
    ``(b) Environmental Impact Statement.--
            ``(1) Preparation of environmental impact 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 prepare an environmental impact statement on 
        the construction and operation of the repository and shall 
        submit such statement to the Commission with the license 
        application. The Secretary shall supplement such environmental 
        impact statement as appropriate.
            ``(2) Schedule.--
                    ``(A) No later than September 30, 2000, the 
                Secretary shall publish the final environmental impact 
                statement under paragraph (1) of this subsection.
                    ``(B) No later than October 31, 2000, the Secretary 
                shall publish a record of decision on applying for a 
                license to construct and operate a repository at the 
                Yucca Mountain site.
    ``(c) License Application.--
            ``(1) Schedule.--No later than October 31, 2001, the 
        Secretary shall apply to the Commission for authorization to 
        construct a repository at the Yucca Mountain site.
            ``(2) Maximizing capacity.--In developing an application 
        for authorization to construct the repository, the Secretary 
        shall seek to maximize the capacity of the repository, in the 
        most cost-effective manner, consistent with the need for 
        disposal capacity.
            ``(3) Decision not to apply for a license for the Yucca 
        Mountain site.--If, at any time prior to October 31, 2001, the 
        Secretary determines that the Yucca Mountain site is not 
        suitable or cannot satisfy the Commission's regulations 
        applicable to the licensing of a geological repository, the 
        Secretary shall--
                    ``(A) notify the Congress and the State of Nevada 
                of the Secretary's determinations and the reasons 
                therefor; and
                    ``(B) promptly take the actions described in 
                paragraphs (1) and (2) of section 204(b).
    ``(d) Repository Licensing.--The Commission shall license the 
repository according to the following procedures:
            ``(1) Construction authorization.--The Commission shall 
        grant the Secretary a construction authorization for the 
        repository, subject to such requirements or limitations as the 
        Commission may incorporate pursuant to its regulations, upon 
        determining that there is reasonable assurance that spent 
        nuclear fuel and high-level radioactive waste can be disposed 
        of in the repository--
                    ``(A) in conformity with the Secretary's 
                application, the provisions of this Act, and the 
                regulations of the Commission;
                    ``(B) without unreasonable risk to the health and 
                safety of the public; and
                    ``(C) consistent with the common defense and 
                security.
            ``(2) License.--Following the filing by the Secretary of 
        any additional information needed by the Commission to issue a 
        license to receive and possess source, special nuclear, or 
        byproduct material at a geologic repository operations area the 
        Commission shall issue a license to dispose of spent nuclear 
        fuel and high-level radioactive waste in the repository, 
        subject to such requirements or limitations as the Commission 
        may incorporate pursuant to its regulations, if the Commission 
        determines that the repository has been constructed and will 
        operate--
                    ``(A) in conformity with the Secretary's 
                application, the provisions of this Act, and the 
                regulations of the Commission;
                    ``(B) without unreasonable risk to the health and 
                safety of the public; and
                    ``(C) consistent with the common defense and 
                security.
            ``(3) Closure.--After emplacing spent nuclear fuel and 
        high-level radioactive waste in the repository and collecting 
        sufficient confirmatory data on repository performance to 
        reasonably confirm the basis for repository closure consistent 
        with the Commission's regulations applicable to the licensing 
        of a repository, as modified in accordance with this Act, the 
        Secretary shall apply to the Commission to amend the license to 
        permit permanent closure of the repository. The Commission 
        shall grant such license amendment, subject to such 
        requirements or limitations as the Commission may incorporate 
        pursuant to its regulations, upon finding that there is 
        reasonable assurance that the repository can be permanently 
        closed--
                    ``(A) in conformity with the Secretary's 
                application, the provisions of this Act, and the 
                regulations of the Commission;
                    ``(B) without unreasonable risk to the health and 
                safety of the public; and
                    ``(C) consistent with the common defense and 
                security.
            ``(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 risk of the repository beyond 
                the standard established in subsection (f)(1).
            ``(5) Application of health and safety standards.--The 
        licensing determination of the Commission with respect to risk 
        to the health and safety of the public under paragraphs (1), 
        (2), or (3) of this subsection shall be based solely on a 
        finding whether the repository can be operated in conformance 
        with the overall performance standard in subsection (f)(1) of 
        this section, applied in accordance with the provisions of 
        subsection (f)(2) of this section and the standards established 
        by the Administrator under section 801 of the Energy Policy Act 
        of 1992 (42 U.S.C. 10141 note).
    ``(e) Modification of the Commission's Repository Licensing 
Regulations.--The Commission shall amend its regulations governing the 
disposal of spent nuclear fuel and high-level radioactive waste (10 CFR 
part 60), as necessary, to be consistent with the provisions of this 
Act. The Commission's regulations shall provide for the modification of 
the repository licensing procedure in subsection (d) of this section, 
as appropriate, in the event that the Secretary seeks a license to 
permit the emplacement in the repository, on a retrievable basis, of 
spent nuclear fuel or high-level radioactive waste as is necessary to 
provide the Secretary with sufficient confirmatory data on repository 
performance to reasonably confirm the basis for repository closure 
consistent with applicable regulations.
    ``(f) Repository Licensing Standards and Additional Procedures.--In 
complying with the requirements of section 801 of the Energy Policy Act 
of 1992 (42 U.S.C. 10141 note), the Administrator shall achieve 
consistency with the findings and recommendations of the National 
Academy of Sciences, and the Commission shall amend its regulations 
with respect to licensing standards for the repository, as follows:
            ``(1) Establishment of overall system performance 
        standard.--
                    ``(A) Risk standard.--The standard for protection 
                of the public from releases of radioactive material or 
                radioactivity from the repository shall limit the 
                lifetime risk, to the average member of the critical 
                group, of premature death from cancer due to such 
                releases to approximately, but not greater than, 1 in 
                1000. The comparison to this standard shall use the 
                upper bound of the 95-percent confidence interval for 
                the expected value of lifetime risk to the average 
                member of the critical group.
                    ``(B) Form of standard.--The standard promulgated 
                by the Administrator under section 801 of the Energy 
                Policy Act of 1992 (42 U.S.C. 10141 note) shall be an 
                overall system performance standard. The Administrator 
                shall not promulgate a standard for the repository in 
                the form of release limits or contaminant levels for 
                individual radionuclides discharged from the 
                repository.
                    ``(C) Assumptions used in formulating and applying 
                the standard.--In promulgating the standard under 
                section 801 of the Energy Policy Act of 1992 (42 U.S.C. 
                10141 note), the Administrator shall consult with the 
                Secretary of Energy and the Commission. The Commission, 
                after consultation with the Secretary, shall specify, 
                by rule, values for all of the assumptions considered 
                necessary by the Commission to apply the standard in a 
                licensing proceeding for the repository before the 
                Commission, including the reference biosphere and size 
                and characteristics of the critical group.
                    ``(D) Definition.--As used in this subsection, the 
                term `critical group' means a small group of people 
                that is--
                            ``(i) representative of individuals 
                        expected to be at highest risk of premature 
                        death from cancer as a result of discharges of 
                        radionuclides from the permanent repository;
                            ``(ii) relatively homogeneous with respect 
                        to expected radiation dose, which shall mean 
                        that there shall be no more than a factor of 
                        ten in variation in individual dose among 
                        members of the group; and
                            ``(iii) selected using reasonable 
                        assumptions--concerning lifestyle, occupation, 
                        diet and eating and drinking habits, 
                        technological sophistication, or other relevant 
                        social and behavioral factors--that are based 
                        on reasonably available information, when the 
                        group is defined, on current inhabitants and 
                        conditions in the area of 50-mile radius 
                        surrounding Yucca Mountain contained within a 
                        line drawn 50 miles beyond each of the 
                        boundaries of the Yucca Moutain site.
            ``(2) Application of overall system performance standard.--
        The Commission shall issue the construction authorization, 
        license, or license amendment, as applicable, if it finds 
        reasonable assurance that for the first 10,000 years following 
        the closure of the repository, the overall system performance 
        standard will be met based on a probabilistic evaluation, as 
        appropriate, of compliance with the overall system performance 
        standard in paragraph (1).
            ``(3) Factors.--For purposes of establishing the overall 
        system performance standard in paragraph (1) and making the 
        finding in paragraph (2)--
                    ``(A) the Administrator and the Commission shall 
                not consider climate regimes that are substantially 
                different from those that have occurred during the 
                previous 100,000 years at the Yucca Mountain site;
                    ``(B) the Administrator and the Commission shall 
                not consider catastrophic events where the health 
                consequences of individual events themselves to the 
                critical group can be reasonably assumed to exceed the 
                health consequences due to impact of the events on 
                repository performance; and
                    ``(C) the Administrator and the Commission shall 
                not base the standard in paragraph (1) or the finding 
                in paragraph (2) on scenarios involving human intrusion 
                into the repository following repository closure.
            ``(4) Congressional review.--
                    ``(A) Any standard promulgated by the Administrator 
                under section 801 of the Energy Policy Act of 1992 (42 
                U.S.C. 10141 note) shall be deemed a major rule within 
                the meaning of section 804(2) of title 5, United States 
                Code, and shall be subject to the requirements and 
                procedures pertaining to a major rule in chapter 8 of 
                such title.
                    ``(B) The effective date of the construction 
                authorization for the repository shall be 90 days after 
                the issuance of such authorization by the Commission, 
                unless Congress is standing in adjournment for a period 
                of more than one week on the date of issuance, in which 
                case the effective date shall be 90 days after the date 
                on which Congress is expected to reconvene after such 
                adjournment.
            ``(5) Report to congress.--At the time that the Commission 
        issues a construction authorization for the repository, the 
        Commission shall submit a report to Congress--
                    ``(A) analyzing the overall system performance of 
                the repository through the use of probabilistic 
                evaluations that use best estimate assumptions, data, 
                and methods for the period commencing after the first 
                10,000 years after repository closure and including the 
                time after repository closure of maximum risk to the 
                critical group of premature death from cancer due to 
                repository releases;
                    ``(B) analyzing the consequences of a single 
                instance of human intrusion into the repository, during 
                the first 1,000 years after repository closure, on the 
                ability of the repository to perform its intended 
                function.
    ``(g) Additional Actions by the Commission.--The Commission shall 
take final action on the Secretary's application for construction 
authorization for the repository no later than 40 months after 
submission of the application.

``SEC. 207. COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT.

    ``(a) Preliminary Activities.--Each activity of the Secretary under 
sections 203, 204, 205(a), 205(c), 205(d), and 206(a) shall be 
considered a preliminary decision making activity. No such activity 
shall be considered final agency action for purposes of judicial 
review. No activity of the Secretary or the President under sections 
203, 204, 205, or 206(a) 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 (42 U.S.C. 4332(2)(E) or (F)).
    ``(b) Standards and Criteria.--The promulgation of standards or 
criteria in accordance with the provisions of this title, or under 
section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note), 
shall not require the preparation of an environmental impact statement 
under section 102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)) or any environmental review under 
subparagraph (E) or (F) of section 102(2) of such Act (42 U.S.C. 
4332(2)(E) or (F)).
    ``(c) Requirements Relating to Environmental Impact Statements.--
            ``(1) With respect to the requirements imposed by the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.)--
                    ``(A) in any final environmental impact statement 
                under section 205 or 206, the Secretary or the 
                Commission, as applicable, shall not be required to 
                consider the need for a repository or an interim 
                storage facility; the time of initial availability of a 
                repository or interim storage facility; the 
                alternatives to geological disposal or centralized 
                interim storage; or alternative sites to the Yucca 
                Mountain site or the interim storage facility site 
                designated under section 204(c)(1); and
                    ``(B) compliance with the procedures and 
                requirements of this title shall be deemed adequate 
                consideration of the need for centralized interim 
                storage or a repository; the time of initial 
                availability of centralized interim storage or the 
                repository or centralized interim storage; and all 
                alternatives to centralized interim storage and 
                permanent isolation of high-level radioactive waste and 
                spent nuclear fuel in an interim storage facility or a 
                repository, respectively.
            ``(2) The final environmental impact statement for the 
        repository prepared by the Secretary and submitted with the 
        license application for a repository under section 206(c) 
        shall, to the extent practicable, be adopted by the Commission 
        in connection with the issuance by the Commission of a 
        construction authorization and license for such repository. To 
        the extent such statement is adopted by the Commission, such 
        adoption shall be deemed to 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.).
    ``(c) Construction with Other Laws.--Nothing in this Act shall be 
construed to amend or otherwise detract from the licensing requirements 
of the Nuclear Regulatory Commission established in title II of the 
Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.).
    ``(d) Judicial Review.--Judicial review under section 502 of this 
Act of any environmental impact statement prepared or adopted by the 
Commission shall be consolidated with the judicial review of the 
licensing decision to which it relates.

SEC. 208. LAND WITHDRAWAL.

    ``(a) Withdrawal and Reservation.--
            ``(1) Withdrawal.--Subject to valid existing rights, the 
        interim storage facility site and the Yucca Mountain site, as 
        described in subsection (b), are withdrawn from all forms of 
        entry, appropriation, and disposal under the public land laws, 
        including the mineral leasing laws, the geothermal leasing 
        laws, the material sale laws, and the mining laws.
            ``(2) Jurisdiction.--Jurisdiction of any land within the 
        interim storage facility site and the Yucca Mountain site 
        managed by the Secretary of the Interior or any other Federal 
        officer is transferred to the Secretary.
            ``(3) Reservation.--The interim storage facility site and 
        the Yucca Mountain site are reserved for the use of the 
        Secretary for the construction and operation, respectively, of 
        the interim storage facility and the repository and activities 
        associated with the purposes of this title.
    ``(b) Land Description.--
            ``(1) Boundaries.--The boundaries depicted on the map 
        entitled `Interim Storage Facility Site Withdrawal Map', dated 
        March 13, 1996, and on file with the Secretary, are established 
        as the boundaries of the Interim Storage Facility site.
            ``(2) Boundaries.--The boundaries depicted on the map 
        entitled `Yucca Mountain Site Withdrawal Map', dated July 9, 
        1996, and on file with the Secretary, are established as the 
        boundaries of the Yucca Mountain site.
            ``(3) Notice and maps.--Concurrent with the Secretary's 
        designation of an interim storage facility site under section 
        204(c)(1), the Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the interim storage 
                facility site; and
                    ``(B) file copies of the maps described in 
                paragraph (1), and the legal description of the interim 
                storage facility site with the Congress, the Secretary 
                of the Interior, the Governor of Nevada, and the 
                Archivist of the United States.
            ``(4) Notice and maps.--Concurrent with the Secretary's 
        application to the Commission for authority to construct the 
        repository, the Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the Yucca Mountain 
                site; and
                    ``(B) file copies of the maps described in 
                paragraph (2), and the legal description of the Yucca 
                Mountain site with the Congress, the Secretary of the 
                Interior, the Governor of Nevada, and the Archivist of 
                the United States.
            ``(5) Construction.--The maps and legal descriptions of the 
        interim storage facility site and the Yucca Mountain site 
        referred to in this subsection shall have the same force and 
        effect as if they were included in this Act. The Secretary may 
        correct clerical and typographical errors in the maps and legal 
        descriptions and make minor adjustments in the boundaries of 
        the sites.

                      ``TITLE III--LOCAL RELATIONS

``SEC. 301. FINANCIAL ASSISTANCE.

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

``SEC. 302. ON-SITE REPRESENTATIVE.

    ``The Secretary shall offer to the unit of local government within 
whose jurisdiction a site for an interim storage facility or repository 
is located under this Act an opportunity to designate a representative 
to conduct onsite oversight activities at such site. The Secretary is 
authorized to pay the reasonable expenses of such representative.

``SEC. 303. ACCEPTANCE OF BENEFITS.

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

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

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

``SEC. 305. LAND CONVEYANCES.

    ``(a) Conveyances of Public Lands.--One hundred and twenty days 
after the effective date of the construction authorization issued by 
the Commission for the repository under section 206(g), all right, 
title and interest of the United States in the property described in 
subsection (b), and improvements thereon, together with all necessary 
easements for utilities and ingress and egress to such property, 
including, but not limited to, the right to improve those easements, 
are conveyed by operation of law to the County of Nye, Nevada, unless 
the county notifies the Secretary of the Interior or the head of such 
other appropriate agency in writing within 60 days of such date that it 
elects not to take title to all or any part of the property, except 
that any lands conveyed to the County of Nye under this subsection that 
are subject to a Federal grazing permit or lease or a similar federally 
granted permit or lease shall be conveyed between 60 and 120 days of 
the earliest time the Federal agency administering or granting the 
permit or lease would be able to legally terminate such right under the 
statutes and regulations existing at the date of enactment of this Act, 
unless Nye County and the affected holder of the permit or lease 
negotiate an agreement that allows for an earlier conveyance.
    ``(b) Special Conveyances.--Nothwithstanding any other law, the 
following public lands depicted on the maps and legal descriptions 
dated October 11, 1995, and on file with the Secretary shall be 
conveyed under subsection (a) to the County of Nye, Nevada:
            Map 1: Proposed Pahrump Industrial Park Site
            Map 2: Proposed Lathrop Wells (Gate 510) Industrial Park 
        Site
            Map 3: Pahrump Landfill Sites
            Map 4: Amargosa Valley Regional Landfill Site
            Map 5: Amargosa Valley Municipal Landfill Site
            Map 6: Beatty Landfill/Transfer Station Site
            Map 7: Round Mountain Landfill Site
            Map 8: Tonopah Landfill Site
            Map 9: Gabbs Landfill Site.
    ``(c) Construction.--The maps and legal descriptions of special 
conveyances referred to in subsection (b) shall have the same force and 
effect as if they were included in this Act. The Secretary may correct 
clerical and typographical errors in the maps and legal descriptions 
and make minor adjustments in the boundaries of the sites.
    ``(d) Evidence of Title Transfer.--Upon the request of the County 
of Nye, Nevada, the Secretary of the Interior shall provide evidence of 
title transfer.

                  ``TITLE IV--FUNDING AND ORGANIZATION

``SEC. 401. PROGRAM FUNDING.

    ``(a) Contracts.--
            ``(1) Authority of the secretary.--In the performance of 
        the Secretary's functions under this Act, the Secretary is 
        authorized to enter into contracts with any person who 
        generates or holds title to spent nuclear fuel or high-level 
        radioactive waste of domestic origin for the acceptance of 
        title and possession, transportation, interim storage, and 
        disposal of such waste or spent fuel. Such contracts shall 
        provide for payment of fees to the Secretary in the amounts set 
        under paragraphs (2), (3), and (4), sufficient to offset 
        expenditures described in subsection (c)(2). Subsequent to the 
        enactment of the Nuclear Waste Policy Act of 1997, the 
        contracts executed under section 302(a) of the Nuclear Waste 
        Policy Act of 1982 shall continue in effect under this Act: 
        Provided, That the Secretary shall consent to an amendment to 
        such contracts as necessary to implement the provisions of this 
        Act.
            ``(2) Nuclear waste offsetting collection.--
                    ``(A) For electricity generated by civilian nuclear 
                power reactors and sold during an offsetting collection 
                period, the Secretary shall collect an aggregate amount 
                of fees under this paragraph equal to the annual level 
                of appropriations for expenditures on those activities 
                consistent with subsection (d) for each fiscal year in 
                the offsetting collection period, minus the percentage 
                of such appropriation required to be funded by the 
                Federal Government pursuant to section 403.
                    ``(B) 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.
                    ``(C) For purposes of this paragraph, the term 
                `offsetting collection period' means--
                            ``(i) the period beginning on October 1, 
                        1998 and ending on September 30, 2001; and
                            ``(ii) the period on and after October 1, 
                        2006.
            ``(3) Nuclear waste mandatory fee.--
                    ``(A) Except as provided in subparagraph (C) of 
                this paragraph, for electricity generated by civilian 
                nuclear power reactors and sold on or after January 7, 
                1983, the fee paid to the Secretary under this 
                paragraph shall be equal to--
                            ``(i) 1.0 mill per kilowatt-hour generated 
                        and sold, minus
                            ``(ii) the amount per kilowatt-hour 
                        generated and sold paid under paragraph (2):
                Provided, That if the amount under clause (ii) is 
                greater than the amount under clause (i) the fee under 
                this paragraph shall be equal to zero.
                    ``(B) No later than 30 days after the beginning of 
                each fiscal year, the Secretary shall determine whether 
                insufficient or excess revenues are being collected 
                under this subsection, in order to recover the costs 
                incurred by the Federal Government that are specified 
                in subsection (c)(2). In making this determination the 
                Secretary shall--
                            ``(i) rely on the `Analysis of the Total 
                        System Life Cycle Cost of the Civilian 
                        Radioactive Waste Management Program', dated 
                        September 1995, or on a total system life-cycle 
                        cost analysis published by the Secretary (after 
                        notice and opportunity for public comment) 
                        after the date of enactment of the Nuclear 
                        Waste Policy Act of 1997, in making any 
                        estimate of the costs to be incurred by the 
                        Government under subsection (c)(2);
                            ``(ii) rely on projections from the Energy 
                        Information Administration, consistent with the 
                        projections contained in the reference case in 
                        the most recent `Annual Energy Outlook' 
                        published by such Administration, in making any 
                        estimate of future nuclear power generation; 
                        and
                            ``(iii) take into account projected 
                        balances in, and expenditures from, the Nuclear 
                        Waste Fund.
                    ``(C) If the Secretary determines under 
                subparagraph (B) that either insufficient or excess 
                revenues are being collected, the Secretary shall, at 
                the time of the determination, transmit to Congress a 
                proposal to adjust the amount in subparagraph (A)(i) to 
                ensure full cost recovery. The amount in subparagraph 
                (A)(i) shall be adjusted, by operation of law, 
                immediately upon enactment of a joint resolution of 
                approval under paragraph (5) of this subsection.
                    ``(D) The Secretary shall, by rule, establish 
                procedures necessary to implement this paragraph.
            ``(4) One-time fee.--For spent nuclear fuel or solidified 
        high-level radioactive waste derived from spent nuclear fuel, 
        which fuel was used to generate electricity in a civilian 
        nuclear power reactor prior to January 7, 1983, the fee shall 
        be in an amount equivalent to an average charge of 1.0 mill per 
        kilowatt-hour for electricity generated by such spent nuclear 
        fuel, or such solidified high-level waste derived therefrom. 
        Payment of such one-time fee prior to the date of enactment of 
        the Nuclear Waste Policy Act of 1997 shall satisfy the 
        obligation imposed under this paragraph. Any one-time fee paid 
        and collected subsequent to the date of enactment of the 
        Nuclear Waste Policy Act of 1997 pursuant to the contracts, 
        including any interest due pursuant to the contracts, shall be 
        paid to the Nuclear Waste Fund no later than September 30, 
        2001. The Commission shall suspend the license of any licensee 
        who fails or refuses to pay the full amount of the fees 
        assessed under this subsection, on or before the date on which 
        such fees are due, and the license shall remain suspended until 
        the full amount of the fees assessed under this subsection is 
        paid. The person paying the fee under this paragraph to the 
        Secretary shall have no further financial obligation to the 
        Federal Government for the long-term storage and permanent 
        disposal of spent fuel or high-level radioactive waste derived 
        from spent nuclear fuel used to generate electricity in a 
        civilian power reactor prior to January 7, 1983.
            ``(5) Expenditures if shortfall.--If, during any fiscal 
        year on or after October 1, 1997, the aggregate amount of fees 
        assessed under this subsection is less than the annual level of 
        appropriations for expenditures on those activities specified 
        in subsection (d) for that fiscal year, minus the percentage of 
        such appropriations required to be funded by the Federal 
        Government pursuant to section 403, the Secretary may make 
        expenditures from the Nuclear Waste Fund up to the level equal 
        to the difference between the amount appropriated and the 
        amount of fees assessed under this subsection.
            ``(6) Expedited procedures for approval of changes to the 
        nuclear waste mandatory fee.--
                    ``(A) At any time after the Secretary transmits a 
                proposal for a fee adjustment under paragraph (3)(C) of 
                this subsection, a joint resolution may be introduced 
                in either House of Congress, the matter after the 
                resolving clause of which is as follows: `That Congress 
                approves the adjustment to the basis for the nuclear 
                waste mandatory fee, submitted by the Secretary on 
                ________'. (The blank space being appropriately filled 
                in with a date.)
                    ``(B) A joint resolution described in subparagraph 
                (A) shall be referred to the committees in each House 
                of Congress with jurisdiction.
                    ``(C) In the Senate, if the committee to which is 
                referred a joint resolution described in subparagraph 
                (A) has not reported such joint resolution (or an 
                identical joint resolution) at the end of 20 calendar 
                days after the date on which it is introduced, such 
                committee may be discharged from further consideration 
                of such joint resolution upon a petition supported in 
                writing by 30 Members of the Senate, and such joint 
                resolution shall be placed on the calendar.
                    ``(D) In the Senate, the procedure under section 
                802(d) of title 5, United States Code, shall apply to a 
                joint resolution described under subparagraph (A).
            ``(7) Points of order.--Notwithstanding any other provision 
        of this Act, no points of order, which require 60 votes in 
        order to adopt a motion to waive such point of order, shall be 
        considered to be waived during the consideration of a joint 
        resolution under section 401 of this Act.
            ``(8) Level of annual fee.--Notwithstanding any other 
        provision of this Act, except as provided in paragraph (3)(C), 
        the level of annual fee for each civilian nuclear power reactor 
        shall not exceed 1.0 mill per kilowatt-hour of electricity 
        generated and sold.
    ``(b) Advance Contracting Requirement.--
            ``(1) In general.--
                    ``(A) License issuance and renewal.--The Commission 
                shall not issue or renew a license to any person to use 
                a utilization or production facility under the 
                authority of section 103 or 104 of the Atomic Energy 
                Act of 1954 (42 U.S.C. 2133, 2134) unless--
                            ``(i) such person has entered into a 
                        contract under subsection (a) with the 
                        Secretary; or
                            ``(ii) the Secretary affirms in writing 
                        that such person is actively and in good faith 
                        negotiating with the Secretary for a contract 
                        under this section.
                    ``(B) Precondition.--The Commission, as it deems 
                necessary or appropriate, may require as a precondition 
                to the issuance or renewal of a license under section 
                103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C. 
                2133, 2134) that the applicant for such license shall 
                have entered into an agreement with the Secretary for 
                the disposal of spent nuclear fuel and high-level 
                radioactive waste that may result from the use of such 
                license.
            ``(2) Disposal in repository.--Except as provided in 
        paragraph (1), no spent nuclear fuel or high-level radioactive 
        waste generated or owned by any person (other than a department 
        of the United States referred to in section 101 or 102 of title 
        5, United States Code) may be disposed of by the Secretary in 
        the repository unless the generator or owner of such spent fuel 
        or waste has entered into a contract under subsection (a) with 
        the Secretary by not later than the date on which such 
        generator or owner commences generation of, or takes title to, 
        such spent fuel or waste.
            ``(3) Assignment.--The rights and duties of contract 
        holders are assignable.
    ``(c) Nuclear Waste Fund.--
            ``(1) In general.--The Nuclear Waste Fund established in 
        the Treasury of the United States under section 302(c) of the 
        Nuclear Waste Policy Act of 1982 shall continue in effect under 
        this Act and shall consist of--
                    ``(A) the existing balance in the Nuclear Waste 
                Fund on the date of enactment of the Nuclear Waste 
                Policy Act of 1997; and
                    ``(B) all receipts, proceeds, and recoveries 
                realized under subsections (a)(3), (a)(4), and (c)(3) 
                subsequent to the date of enactment of the Nuclear 
                Waste Policy Act of 1997, which shall be deposited in 
                the Nuclear Waste Fund immediately upon their 
                realization.
            ``(2) Purposes of the nuclear waste fund and the nuclear 
        waste offsetting collection.--Subject to subsections (d) and 
        (e) of this section, the Secretary may make expenditures from 
        the Nuclear Waste Fund or the Nuclear Waste Offsetting 
        Collection in section 401(a)(2) only for--
                    ``(A) identification, development, design, 
                licensing, construction, acquisition, operation, 
                modification, replacement, decommissioning, and post-
                decommissioning maintenance and monitoring of the 
                integrated management system or parts thereof;
                    ``(B) the administrative cost of the integrated 
                management system, including the Office of Civilian 
                Radioactive Waste Management under section 402, the 
                Nuclear Waste Technical Review Board under section 602, 
                and those offices under the Commission involved in 
                regulation of the integrated management system or parts 
                thereof; and
                    ``(C) the provision of assistance and benefits to 
                States, units of general local government, nonprofit 
                organizations, joint labor-management organizations, 
                and Indian tribes under title II of this Act.
            ``(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;
                            ``(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; and
                            ``(iii) interest earned on these 
                        obligations shall be credited to the Nuclear 
                        Waste Fund.
                    ``(C) Exemption.--Receipts, proceeds, and 
                recoveries realized by the Secretary under this 
                section, and expenditures of amounts from the Nuclear 
                Waste Fund, shall be exempt from annual apportionment 
                under the provisions of subchapter II of chapter 15 of 
                title 31, United States Code.
    ``(d) Budget.--The Secretary shall submit the budget for 
implementation of the Secretary's responsibilities under this Act to 
the Office of Management and Budget annually along with the budget of 
the Department of Energy submitted at such time in accordance with 
chapter 11 of title 31, United States Code. The budget shall consist of 
the estimates made by the Secretary of expenditures under this Act and 
other relevant financial matters for the succeeding 3 fiscal years, and 
shall be included in the budget of the United States Government.
    ``(e) Appropriations.--The Secretary may make expenditures from the 
Nuclear Waste Fund and the Nuclear Waste Offsetting Collection, subject 
to appropriations, which shall remain available until expended.

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

    ``(a) Establishment.--There hereby is established within the 
Department of Energy an Office of Civilian Radioactive Waste 
Management. The Office shall be headed by a Director, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate, and who shall be compensated at the rate payable for level IV 
of the Executive Schedule under section 5315 of title 5, United States 
Code.
    ``(b) Functions of Director.--The Director of the Office shall be 
responsible for carrying out the functions of the Secretary under this 
Act, subject to the general supervision of the Secretary. The Director 
of the Office shall be directly responsible to the Secretary.

``SEC. 403. FEDERAL CONTRIBUTION.

    ``(a) Allocation.--No later than one year from the date of 
enactment of the Nuclear Waste Policy Act of 1997, acting pursuant to 
section 553 of title 5, United States Code, the Secretary shall issue a 
final rule establishing the appropriate portion of the costs of 
managing spent nuclear fuel and high-level radioactive waste under this 
Act allocable to the interim storage or permanent disposal of spent 
nuclear fuel and high-level radioactive waste from atomic energy 
defense activities and spent nuclear fuel from foreign research 
reactors. The share of costs allocable to the management of spent 
nuclear fuel and high-level radioactive waste from atomic energy 
defense activities and spent nuclear fuel from foreign research 
reactors shall include--
            ``(1) an appropriate portion of the costs associated with 
        research and development activities with respect to development 
        of an interim storage facility and repository; and
            ``(2) as appropriate, interest on the principal amounts due 
        calculated by reference to the appropriate Treasury bill rate 
        as if the payments were made at a point in time consistent with 
        the payment dates for spent nuclear fuel and high-level 
        radioactive waste under the contracts.
    ``(b) Appropriation Request.--In addition to any request for an 
appropriation from the Nuclear Waste Fund, the Secretary shall request 
annual appropriations from general revenues in amounts sufficient to 
pay the costs of the management of spent nuclear fuel and high-level 
radioactive waste from atomic energy defense activities and spent 
nuclear fuel from foreign research reactors, as established under 
subsection (a).
    ``(c) Report.--In conjunction with the annual report submitted to 
Congress under section 702, the Secretary shall advise the Congress 
annually of the amount of spent nuclear fuel and high-level radioactive 
waste from atomic energy 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 and spent nuclear fuel from foreign research 
reactors, as established under subsection (a).

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``SEC. 501. COMPLIANCE WITH OTHER LAWS.

    ``(a) Conflicting Requirements.--Except as provided in subsection 
(b) of this section, a requirement of a State, political subdivision of 
a State, or Indian tribe is preempted if--
            ``(1) complying with a requirement of the State, political 
        subdivision, or tribe and a requirement of this Act or a 
        regulation prescribed under this Act is not possible; or
            ``(2) the requirement of the State, political subdivision, 
        or tribe, as applied or enforced, is an obstacle to 
        accomplishing and carrying out this Act or a regulation 
        prescribed under this Act.
    ``(b) Subjects Expressly Preempted.--Except as otherwise provided 
in this Act, a law, regulation, order, or other requirement of a State, 
political subdivision of a State, or Indian tribe about any of the 
following subjects, that is not substantively the same as a provision 
of this Act or a regulation prescribed under this Act, is preempted:
            ``(1) The designation, description, and classification of 
        spent fuel or high-level radioactive waste.
            ``(2) The packing, repacking, handling, labeling, marking, 
        and placarding of spent nuclear fuel or high-level radioactive 
        waste.
            ``(3) The siting, design, or licensing of--
                    ``(A) an interim storage facility;
                    ``(B) a repository;
                    ``(C) the capability to conduct intermodal transfer 
                of spent nuclear fuel under section 201.
            ``(4) The withdrawal or transfer of the interim storage 
        facility site, the intermodal transfer site, or the repository 
        site to the Secretary of Energy.
            ``(5) The design, manufacturing, fabrication, marking, 
        maintenance, reconditioning, repairing, or testing of packaging 
        or a container represented, marked, certified, or sold as 
        qualified for use in transporting or storing spent nuclear fuel 
        or high-level radioactive waste.

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

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

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

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

``SEC. 504. SITING A SECOND REPOSITORY.

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

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

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

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

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

``SEC. 507. EMPLACEMENT SCHEDULE.

    ``(a) The emplacement schedule shall be implemented in accordance 
with the following:
            ``(1) Emplacement priority ranking shall be determined by 
        the Department's annual `Acceptance Priority Ranking' report.
            ``(2) Subject to the conditions contained in the license 
        for the interim storage facility, the Secretary's spent fuel 
        and high-level radioactive waste emplacement rate shall be no 
        less than the following: 1,200 MTU in fiscal year 2003 and 
        1,200 MTU in fiscal year 2004; 2,000 MTU in fiscal year 2005 
        and 2000 MTU in fiscal year 2006; 2,700 MTU in fiscal year 
        2007; and 3,000 MTU annually thereafter.
            ``(3) Subject to the conditions contained in the license 
        for the interim storage facility, of the amounts provided for 
        in paragraph (2) for each year, not less than one-sixth shall 
        be--
                    ``(A) spent nuclear fuel or high-level radioactive 
                waste of domestic origin from civilian nuclear power 
                reactors that have permanently ceased operation on or 
                before the date of enactment of the Nuclear Waste 
                Policy Act of 1997.
                    ``(B) spent nuclear fuel from foreign research 
                reactors, as necessary to promote nonproliferation 
                activities; and
                    ``(C) spent nuclear fuel, including spent nuclear 
                fuel from naval reactors, and high-level radioactive 
                waste from research or atomic energy defense 
                activities: Provided, however, That the Secretary shall 
                accept not less than five percent of the total quantity 
                of fuel and high-level radioactive waste accepted in 
                any year from the categories of radioactive materials 
                described in subparagraphs (B) and (C).
    ``(b) If the Secretary is unable to begin emplacement by June 30, 
2003 at the rates specified in subsection (a), or if the cumulative 
amount emplaced in any year thereafter is less than that which would 
have been accepted under the emplacement rate specified in subsection 
(a), the Secretary shall, as a mitigation measure, adjust the 
emplacement schedule upward such that within 5 years of the start of 
emplacement by the Secretary--
            ``(1) the total quantity accepted by the Secretary is 
        consistent with the total quantity that the Secretary would 
        have accepted if the Secretary had began emplacement in fiscal 
        year 2003, and
            ``(2) thereafter the emplacement rate is equivalent to the 
        rate that would be in place pursuant to subsection (a) above if 
        the Secretary had commenced emplacement in fiscal year 2003.

``SEC. 508. TRANSFER OF TITLE.

    ``(a) Acceptance by the Secretary of any spent nuclear fuel or 
high-level radioactive waste shall constitute a transfer of title to 
the Secretary.
    ``(b) No later than 6 months following the date of enactment of the 
Nuclear Waste Policy Act of 1997, the Secretary is authorized to accept 
all spent nuclear fuel withdrawn from Dairyland Power Cooperative's La 
Crosse Reactor and, upon acceptance, shall provide Dairyland Power 
Cooperative with evidence of the title transfer. Immediately upon the 
Secretary's acceptance of such spent nuclear fuel, the Secretary shall 
assume all responsibility and liability for the interim storage and 
permanent disposal thereof and is authorized to compensate Dairyland 
Power Cooperative for any costs related to operating and maintaining 
facilities necessary for such storage from the date of acceptance until 
the Secretary removes the spent nuclear fuel from the La Crosse Reactor 
site.

``SEC. 509. DECOMMISSIONING PILOT PROGRAM.

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

``SEC. 510. WATER RIGHTS.

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

``SEC. 511. DRY STORAGE TECHNOLOGY.

    ``The Commission is authorized to establish, by rule, procedures 
for the licensing of any technology for the dry storage of spent 
nuclear fuel by rule and without, to the maximum extent possible, the 
need for site-specific approvals by the Commission. Nothing in this Act 
shall affect any such procedures, or any licenses or approvals issued 
pursuant to such procedures in effect on the date of enactment of the 
Nuclear Waste Policy Act of 1997.

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``SEC. 601. DEFINITIONS.

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

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

    ``(a) Continuation of the Nuclear Waste Technical Review Board.--
The Nuclear Waste Technical Review Board, established under section 
502(a) of the Nuclear Waste Policy Act of 1982 as constituted prior to 
the date of enactment of the Nuclear Waste Policy Act of 1997, shall 
continue in effect subsequent to the date of enactment of the Nuclear 
Waste Policy Act of 1997.
    ``(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 high-level radioactive waste or spent nuclear 
        fuel.

``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) Availability of drafts.--Subject to existing law, 
        information obtainable under paragraph (1) shall not be limited 
        to final work products of the Secretary, but shall include 
        drafts of such products and documentation of work in progress.

``SEC. 605. COMPENSATION OF MEMBERS.

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

``SEC. 606. STAFF.

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

``SEC. 607. SUPPORT SERVICES.

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

``SEC. 608. REPORT.

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

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    ``Nothwithstanding section 401(d), and subject to section 401(e), 
there are authorized to be appropriated for expenditures from amounts 
in the Nuclear Waste Fund under section 401(c) such sums as may be 
necessary to carry out the provisions of this title.

``SEC. 610. TERMINATION OF THE BOARD.

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

                     ``TITLE VII--MANAGEMENT REFORM

``SEC. 701. MANAGEMENT REFORM INITIATIVES.

    ``(a) In General.--The Secretary is directed to take actions as 
necessary to improve the management of the civilian radioactive waste 
management program to ensure that the program is operated, to the 
maximum extent practicable, in like manner as a private business.
    ``(b) Audits.--
            ``(1) Standard.--The Office of Civilian Radioactive Waste 
        Management, its contractors, and subcontractors at all tiers, 
        shall conduct, or have conducted, audits and examinations of 
        their operations in accordance with the usual and customary 
        practices of private corporations engaged in large nuclear 
        construction projects consistent with its role in the program.
            ``(2) Time.--The management practices and performances of 
        the Office of Civilian Radioactive Waste Management shall be 
        audited every 5 years by an independent management consulting 
        firm with significant experience in similar audits of private 
        corporations engaged in large nuclear construction projects. 
        The first such audit shall be conducted 5 years after the 
        enactment of the Nuclear Waste Policy Act of 1997.
            ``(3) 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.
            ``(4) Public documents.--All audit reports shall be public 
        documents and available to any individual upon request.
    ``(c) Value Engineering.--The Secretary shall create a value 
engineering function within the Office of Civilian Radioactive Waste 
Management that reports directly to the Director, which shall carry out 
value engineering functions in accordance with the usual and customary 
practices of private corporations engaged in large nuclear construction 
projects.
    ``(d) Site Characterization.--The Secretary shall employ, on an on-
going basis, integrated performance modeling to identify appropriate 
parameters for the remaining site characterization effort and to 
eliminate studies of parameters that are shown not to affect long-term 
repository performance.

``SEC. 702. REPORTING.

    ``(a) Initial Report.--Within 180 days of enactment of this 
section, the Secretary shall report to Congress on its planned actions 
for implementing the provisions of this Act, including the development 
of the Integrated Waste Management System. Such report shall include--
            ``(1) an analysis of the Secretary's progress in meeting 
        its statutory and contractual obligation to accept title to, 
        possession of, and delivery of spent nuclear fuel and high-
        level radioactive waste in accordance with the emplacement 
        schedule under section 507;
            ``(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 
        the five fiscal years beginning after the fiscal year in which 
        the date of enactment of the Nuclear Waste Policy Act of 1997 
        occurs.
    ``(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.

                      ``TITLE VIII--MISCELLANEOUS

``SEC. 801. SENSE OF THE SENATE.

    ``It is the sense of the Senate that the Secretary and the 
petitioners in Northern States Power (Minnesota), v. Department of 
Energy, pending before the United States Court of Appeals for the 
District of Columbia Circuit (No. 97-1064), should enter into a 
settlement agreement to resolve the issues pending before the court in 
that case prior to the date of enactment of the Nuclear Waste Policy 
Act of 1997.

``SEC. 802. EFFECTIVE DATE.

    ``Except as otherwise provided in this Act, this Act shall become 
effective one day after enactment.''.

SEC. 2. SENSE OF THE SENATE REGARDING ASSISTANCE FOR ELDERLY AND 
              DISABLED LEGAL IMMIGRANTS.

    It is the sense of the Senate that elderly and disabled legal 
immigrants who are unable to work should receive assistance essential 
to their well-being, and that the President, Congress, the States, and 
faith-based and other organizations should continue to work together 
toward that end.

            Passed the Senate April 15, 1997.

            Attest:

                                                             Secretary.

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105th CONGRESS

  1st Session

                                 S. 104

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                                 AN ACT

             To amend the Nuclear Waste Policy Act of 1982.

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                              May 6, 1997

                    Ordered to be printed as passed