[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 45 Reported in House (RH)]
Union Calendar No. 92
106th CONGRESS
1st Session
H. R. 45
[Report No. 106-155, Part I]
_______________________________________________________________________
A BILL
To amend the Nuclear Waste Policy Act of 1982.
_______________________________________________________________________
June 2, 1999
The Committees on Resources and the Budget discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
Union Calendar No. 92
106th CONGRESS
1st Session
H. R. 45
[Report No. 106-155, Part I]
To amend the Nuclear Waste Policy Act of 1982.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 6, 1999
Mr. Upton (for himself, Mr. Towns, Mr. Barton of Texas, Mr. Hall of
Texas, Mr. Holden, Mr. Norwood, Mr. Gordon, Mr. Oxley, Mr. Burr of
North Carolina, Mr. Klink, Mr. Whitfield, Mr. Spratt, Mr. Hoekstra, Mr.
Livingston, Mr. Kanjorski, Mr. Bilirakis, Mr. Graham, Mr. Peterson of
Pennsylvania, Mr. Canady of Florida, Mr. Manzullo, Mr. Ramstad, Mr.
Hutchinson, Mr. Pickering, Mr. Gutknecht, Mr. LoBiondo, Mr. Shimkus,
Mr. Nethercutt, Mr. Rohrabacher, Mr. Foley, Mr. Taylor of North
Carolina, Mr. Bereuter, Mr. Oberstar, Mr. Lipinski, Mr. Stupak, Mr.
Rush, Mr. Smith of Michigan, Mr. Ehlers, Mr. Knollenberg, Mr. Porter,
Mr. Sisisky, Mr. Bonior, Mr. Camp, Mr. Kildee, Mr. Barcia, Ms.
Stabenow, Mr. Peterson of Minnesota, Ms. Jackson-Lee of Texas, and Mr.
Allen) introduced the following bill; which was referred to the
Committee on Commerce, and in addition to the Committees on Resources,
and Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
May 20, 1999
Reported from the Committee on Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
May 20, 1999
The Committee on Transportation and Infrastructure discharged
May 20, 1999
Referral to the Committee on Resources extended for a period ending not
later than June 2, 1999
May 20, 1999
Referred to the Committee on the Budget for a period ending not later
than June 2, 1999, for consideration of such provisions of the bill and
amendment as fall within the jurisdiction of that committee pursuant to
clause 1(e), rule X
June 2, 1999
Additional sponsors: Mr. Callahan, Mr. Stearns, Mr. Gillmor, Mr. Baker,
Mrs. Meek of Florida, Mr. Boehlert, Ms. Kilpatrick, Mr. Borski, Mr.
Skeen, Mr. Ballenger, Mr. Frank of Massachusetts, Mr. Chambliss, Mr.
Wicker, Mr. Weller, Mr. Boucher, Mr. Sam Johnson of Texas, Mr.
Jefferson, Ms. Pryce of Ohio, Mr. Levin, Mrs. Biggert, Mr. Spence, Mr.
Bachus, Mr. Hastings of Washington, Mr. Snyder, Mr. Hayes, Mr.
Costello, Mr. Boyd, Mr. Cramer, Mr. Scarborough, Mr. Linder, Mr. Weldon
of Florida, Mr. DeMint, Mrs. Myrick, Mr. Ehrlich, Mr. Turner, Mr.
Pickett, Mr. Hastings of Florida, Mr. Bryant, Mr. Kingston, Mr. Terry,
Mr. Tauzin, Mr. John, Mr. Green of Wisconsin, Mr. Berry, Mr. Green of
Texas, Mr. Shows, Ms. Ros-Lehtinen, Mr. Sensenbrenner, Mrs. Chenoweth,
Mr. Crane, Mr. Clement, Mr. Doolittle, Mr. Sweeney, Mr. Shadegg, Mr.
Simpson, Mr. Sessions, Mr. Frost, Mr. Barrett of Nebraska, Mr. Tiahrt,
Mr. McCrery, Mr. Edwards, Mr. Hilliard, Mr. Calvert, Mr. Diaz-Balart,
Mr. Goode, Mrs. Thurman, Mr. Coble, Mr. Wamp, Mr. Etheridge, Mr. Gary
Miller of California, Mr. Barr of Georgia, Mr. Everett, Mr. Shaw, Mr.
Thornberry, Mr. Dickey, Mr. Bishop, Mr. Deutsch, Mrs. Johnson of
Connecticut, Mr. Ryun of Kansas, Mr. Davis of Illinois, Mr. Wexler, Mr.
Cunningham, Mr. LaHood, Mr. Sununu, Mr. Mica, Mr. Isakson, Mr. Pitts,
Mr. Jenkins, and Mr. Aderholt
June 2, 1999
The Committees on Resources and the Budget Discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
[For text of introduced bill, see copy of bill as introduced on January
6, 1999]
_______________________________________________________________________
A BILL
To amend the Nuclear Waste Policy Act of 1982.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENT OF NUCLEAR WASTE POLICY ACT OF 1982.
The Nuclear Waste Policy Act of 1982 is amended to read as follows:
``SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Nuclear Waste
Policy Act of 1999'.
``(b) Table of Contents.--
``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.
``Sec. 3. Findings and purposes.
``TITLE I--INTEGRATED MANAGEMENT SYSTEM
``Sec. 101. Transportation.
``Sec. 102. Transportation planning.
``Sec. 103. Transportation requirements.
``Sec. 104. Interim storage.
``Sec. 105. Permanent disposal.
``Sec. 106. Land withdrawal.
``Sec. 107. Applicability.
``TITLE II--LOCAL RELATIONS
``Sec. 201. On-site representative.
``Sec. 202. Benefits agreements.
``Sec. 203. Content of agreements.
``Sec. 204. Acceptance of benefits.
``Sec. 205. Restriction on use of funds.
``Sec. 206. Initial land conveyances.
``Sec. 207. Payments in lieu of taxes.
``TITLE III--FUNDING AND ORGANIZATION
``Sec. 301. Nuclear Waste Fund.
``Sec. 302. Office of Civilian Radioactive Waste Management.
``Sec. 303. Defense contribution.
``TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS
``Sec. 401. Compliance with other laws.
``Sec. 402. Water rights.
``Sec. 403. Judicial review of agency actions.
``Sec. 404. Licensing of facility expansions and transshipments.
``Sec. 405. Siting a second repository.
``Sec. 406. Financial arrangements for low-level radioactive waste site
closure.
``Sec. 407. Nuclear Regulatory Commission training authorization.
``Sec. 408. Subseabed or ocean water disposal.
``Sec. 409. Purchase of American-made equipment and products.
``Sec. 410. Separability.
``TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD
``Sec. 501. Definitions.
``Sec. 502. Nuclear Waste Technical Review Board.
``Sec. 503. Functions.
``Sec. 504. Investigatory powers.
``Sec. 505. Compensation of members.
``Sec. 506. Staff.
``Sec. 507. Support services.
``Sec. 508. Report.
``Sec. 509. Authorization of appropriations.
``Sec. 510. Termination of the board.
``SEC. 2. DEFINITIONS.
``For purposes of this Act:
``(1) Accept, acceptance.--The terms `accept' and
`acceptance' mean the Secretary's act of taking possession of
spent nuclear fuel or high-level radioactive waste.
``(2) Affected Indian tribe.--The term `affected Indian
tribe' means an Indian tribe whose reservation is surrounded by
or borders on an affected unit of local government, or whose
federally defined possessory or usage rights to other lands
outside of the border of the Indian tribe's reservation arising
out of congressionally ratified treaties may be affected by the
locating of an interim storage facility or repository, if the
Secretary finds, upon petition of the appropriate government
officials of the Indian tribe, that such affects are both
substantial and adverse to the Indian tribe.
``(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.
``(H) Nuclear nonproliferation.
``(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) Department.--The term `Department' means the
Department of Energy.
``(8) Disposal.--The term `disposal' means the emplacement
in a repository of spent nuclear fuel, high-level radioactive
waste, or other highly radioactive material with no foreseeable
intent of recovery, whether or not such emplacement permits
recovery of such material for any future purpose.
``(9) Disposal system.--The term `disposal system' means
all natural barriers and engineered barriers, and engineered
systems and components, that prevent the release of
radionuclides from the repository.
``(10) Engineered barriers.--The term `engineered barriers'
means man-made components of a disposal system, including 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.
``(11) High-level radioactive waste.--The term `high-level
radioactive waste' means--
``(A) the highly radioactive material resulting
from the reprocessing in the United States of spent
nuclear fuel, including liquid waste produced directly
in reprocessing and any solid material derived from
such liquid waste that contains fission products in
sufficient concentrations;
``(B) the highly radioactive material resulting
from atomic energy defense activities; and
``(C) any other highly radioactive material that
the Commission, consistent with existing law,
determines by rule requires permanent isolation.
``(12) Federal agency.--The term `Federal agency' means any
Executive agency, as defined in section 105 of title 5, United
States Code.
``(13) 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)).
``(14) 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.
``(15) 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 I of this Act.
``(16) 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.
``(17) 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.
``(18) Metric tons uranium and MTU.--The terms `metric tons
uranium' and `MTU' mean the amount of uranium in the original
unirradiated fuel element whether or not the spent nuclear fuel
has been reprocessed.
``(19) Nuclear waste fund.--The term `Nuclear Waste Fund'
means the Nuclear Waste Fund established in the United States
Treasury before the date of enactment of this Act under section
302(c) of the Nuclear Waste Policy Act of 1982.
``(20) Office.--The term `Office' means the Office of
Civilian Radioactive Waste Management established within the
Department before the date of enactment of this Act under
section 304(a) of the Nuclear Waste Policy Act of 1982.
``(21) Package.--The term `package' means the primary
container that holds, and is in direct contact with, solidified
high-level radioactive waste, spent nuclear fuel, or other
radioactive materials and any overpack that are emplaced at a
repository.
``(22) Program approach.--The term `program approach' means
the Civilian Radioactive Waste Management Program Plan, dated
July 1998, as modified by this Act, and as amended from time to
time by the Secretary in accordance with this Act.
``(23) Repository.--The term `repository' means a system
designed and constructed under title I of this Act for the
permanent geologic disposal of spent nuclear fuel and high-
level radioactive waste, including both surface and subsurface
areas at which spent nuclear fuel and high-level radioactive
waste receipt, handling, possession, safeguarding, and storage
are conducted.
``(24) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(25) Site characterization.--The term `site
characterization' means activities, whether in a laboratory or
in the field, undertaken to establish the geologic condition
and the ranges of the parameters of the Yucca Mountain 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 the Yucca
Mountain site for the location of a repository, but not
including preliminary borings and geophysical testing needed to
assess whether site characterization should be undertaken.
``(26) Spent nuclear fuel.--The term `spent nuclear fuel'
means fuel, other than foreign spent nuclear fuel, as defined
in section 131 f.(4) of the Atomic Energy Act of 1954 (42
U.S.C. 2160(f)(4)), that has been withdrawn from a nuclear
reactor following irradiation, the constituent elements of
which have not been separated by reprocessing.
``(27) Storage.--The term `storage' means retention of
spent nuclear fuel or high-level radioactive waste with the
intent to recover such waste or fuel for subsequent use,
processing, or disposal.
``(28) Withdrawal.--The term `withdrawal' has the same
definition as that set forth in the Federal Land Policy and
Management Act (43 U.S.C. 1702 et seq.).
``(29) Yucca mountain site.--The term `Yucca Mountain site'
means the area in the State of Nevada that is withdrawn and
reserved in accordance with this Act for the location of a
repository.
``SEC. 3. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) while spent nuclear fuel can be safely stored at
reactor sites, the expeditious movement to and storage of such
spent nuclear fuel at a centralized Federal facility will
enhance the Nation's environmental protection;
``(2) while the Federal Government has the responsibility
to provide for interim storage and permanent disposal of spent
nuclear fuel and high-level radioactive waste to protect the
public health and safety and the environment, the costs of such
storage and disposal should be the responsibility of the
generators and owners of such waste and fuel, including the
Federal Government;
``(3) in the interests of protecting the public health and
safety and the environment, promoting the Nation's energy
security, and ensuring the Secretary's ability to commence
acceptance of spent nuclear fuel and high-level radioactive
waste by June 30, 2003, it is necessary for Congress to
authorize the interim storage facility;
``(4) deficit-control measures designed to limit
appropriation of general revenues have limited the availability
of the Nuclear Waste Fund for its intended purposes and
threaten to undermine the repository program; and
``(5) the Federal Government has the responsibility to
provide for the permanent disposal of waste generated from
United States atomic energy defense activities.
``(b) Purposes.--The purposes of this Act are--
``(1) to direct the Secretary to develop an integrated
management system in accordance with this Act so that the
Department can accept spent nuclear fuel and high-level
radioactive waste for interim storage commencing June 30, 2003,
and for permanent disposal at a repository commencing January
17, 2010;
``(2) to authorize the Secretary to take title to spent
nuclear fuel and store it on civilian nuclear power reactor
sites in order to provide relief from the financial and other
burdens imposed on the owners and operators of such reactors by
the Secretary's failure to accept spent nuclear fuel in
accordance with section 302(a)(5)(B) of the Nuclear Waste
Policy Act of 1982;
``(3) to provide for the siting, construction, and
operation of a repository for permanent geologic disposal of
spent nuclear fuel and high-level radioactive waste in order to
adequately protect the public health and safety and the
environment;
``(4) to ensure that consumers' contributions to the
Nuclear Waste Fund are solely dedicated to the purposes for
which the Fund was established; and
``(5) to provide a schedule and process for the expeditious
and safe development and commencement of operation of an
integrated management system and any necessary modifications to
the transportation infrastructure to ensure that the Secretary
can accept spent nuclear fuel and high-level radioactive waste.
``TITLE I--INTEGRATED MANAGEMENT SYSTEM
``SEC. 101. TRANSPORTATION.
``(a) In General.--The Secretary shall take those actions that are
necessary and appropriate to ensure that the Secretary is able to
accept and transport spent nuclear fuel and high-level radioactive
waste by June 30, 2003. The Secretary shall make use of the most safe
and efficient method available to transport spent nuclear fuel and
high-level radioactive waste to the interim storage facility and the
Yucca Mountain site. To the extent practicable, the Secretary shall
avoid the shipment of spent nuclear fuel and high-level radioactive
waste through the Las Vegas metropolitan area.
``(b) Intermodal Transfer.--In the event the Secretary determines
there is a need for rail to truck intermodal transfer, the Secretary
shall do the following:
``(1) Develop the capability to commence rail to truck
intermodal transfer at Caliente, Nevada, by June 30, 2003.
``(2) Acquire lands and rights-of-way necessary to commence
intermodal transfer at Caliente, Nevada.
``(3) Acquire and develop on behalf of, and dedicate to,
the City of Caliente, Nevada, parcels of land and rights-of-way
as required to facilitate replacement of land and city
wastewater disposal activities necessary to commence intermodal
transfer pursuant to this Act. Replacement of land and city
wastewater disposal activities shall occur by June 30, 2003.
``(4) Within 6 months of the Secretary's determination of a
need for rail to truck intermodal transfer--
``(A) 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
``(B) 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, and the Caliente City Council.
Such map and legal description shall have the same force and
effect as if they were included in this Act. The Secretary may
correct clerical and typographical errors in legal descriptions
and make minor adjustments in the boundaries.
For purposes of carrying out this subsection, 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.
``(c) Heavy-Haul Transportation Route.--
``(1) Designation of route.--The route for the heavy-haul
truck transport of spent nuclear fuel and high-level
radioactive waste shall be as designated in the map dated July
21, 1997 (referred to as `Heavy-Haul Route') and on file with
the Secretary.
``(2) Truck transportation.--The Secretary, in consultation
with the State of Nevada and appropriate counties and local
jurisdictions, shall establish reasonable terms and conditions
pursuant to which the Secretary may utilize heavy-haul truck
transport to move spent nuclear fuel and high-level radioactive
waste from Caliente, Nevada, to the interim storage facility
site.
``(d) Improvements and Maintenance of Truck Transport Route.--
Notwithstanding any other law--
``(1) the Secretary shall be responsible for--
``(A) making improvements to existing roadways in
Nevada, and
``(B) any costs related to improving or upgrading
Federal, State, and local roads within the heavy-haul
transportation route utilized, and performing any
maintenance activities on such roads,
as necessary, to facilitate year-round safe transport of spent
nuclear fuel and high-level radioactive waste; and
``(2) any such improvement, upgrading, or maintenance
activity shall be funded solely by appropriations made pursuant
to sections 301 and 303 of this Act.
``(e) Transfer of Title.--Acceptance by the Secretary of any spent
nuclear fuel or high-level radioactive waste shall constitute a
transfer of title to the Secretary.
``(f) Designated Route.--Consistent with the requirements of
subsection (a), the Secretary may, in lieu of any other route
designation under this section, enter into discussions with the heads
of other Federal agencies regarding alternate routes between Caliente,
Nevada and the Yucca Mountain Site and running through the Nevada Test
Site and other Federal lands.
``SEC. 102. TRANSPORTATION PLANNING.
``(a) Transportation Readiness.--
``(1) In general.--As soon as is practicable following the
date of enactment of this Act, the Secretary shall analyze each
specific reactor facility and develop a logistical plan to
assure the Secretary's ability to transport spent nuclear fuel
and high-level radioactive waste, using routes that minimize,
to the maximum practicable extent and consistent with Federal
requirements governing transportation of hazardous materials,
transportation of spent nuclear fuel and high-level radioactive
waste through populated areas.
``(2) Institutional plans.--In conjunction with the
development of the logistical plan in accordance with paragraph
(1), 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 by June 30, 2003. Among other things, such planning
shall provide a schedule and process for addressing and
implementing, as necessary, transportation routing plans,
transportation contracting plans, transportation training in
accordance with section 103, and transportation tracking
programs.
``(b) Rail Routes.--Not later than one year after the date of
enactment of this Act, the Secretary of Transportation shall establish
procedures for the selection of preferred rail routes for the
transportation of spent nuclear fuel and high-level radioactive waste
to the interim storage facility site and the Yucca Mountain site. Such
procedures shall be established in consultation with the designated
emergency services planning management official for any State or Indian
tribe affected by the rail routes selected.
``SEC. 103. TRANSPORTATION REQUIREMENTS.
``(a) Package Certification.--No spent nuclear fuel or high-level
radioactive waste may be transported by or for the Secretary under this
Act except in packages that have been certified for such purposes by
the Commission.
``(b) State Notification.--The Secretary shall abide by regulations
of the Commission regarding advance notification of State and local
governments before transportation of spent nuclear fuel or high-level
radioactive waste under this Act.
``(c) Technical Assistance.--
``(1) In general.--The Secretary shall provide technical
assistance and funds to States, affected units of local
government, and Indian tribes through whose jurisdiction the
Secretary plans to transport substantial amounts of spent
nuclear fuel or high-level radioactive waste for training for
public safety officials of appropriate units of local
government. Training shall cover procedures required for safe
routine transportation of these materials, as well as
procedures for dealing with emergency response situations. The
Secretary's duty to provide technical and financial assistance
under this subsection shall be limited to amounts specified in
annual appropriations.
``(2) Employee organizations.--
``(A) In general.--The Secretary shall provide
technical assistance and funds for training directly to
nonprofit employee organizations, voluntary emergency
response 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.
``(B) Training.--Training under this paragraph--
``(i) shall cover procedures required for
safe routine transportation of materials and
procedures for dealing with emergency response
situations;
``(ii) shall be consistent with any
training standards established by the Secretary
of Transportation; and
``(iii) shall include--
``(I) a training program applicable
to persons responsible for responding
to emergency situations occurring
during the removal and transportation
of spent nuclear fuel and high-level
radioactive waste;
``(II) instruction of public safety
officers in procedures for the command
and control of the response to any
incident involving such fuel or waste;
and
``(III) instruction of radiological
protection and emergency medical
personnel in procedures for responding
to an incident involving spent nuclear
fuel or high-level radioactive waste
being transported.
``(3) Grants.--To implement this subsection, grants shall
be made from the Nuclear Waste Fund.
``(4) Minimizing duplication of effort and expenses.--The
Secretaries of Transportation, Labor, and Energy, Directors of
the Federal Emergency Management Agency and National Institute
of Environmental Health Sciences, the Nuclear Regulatory
Commission, and Administrator of the Environmental Protection
Agency shall review periodically, with the head of each
department, agency, or instrumentality of the Government, all
emergency response and preparedness training programs of that
department, agency, or instrumentality to minimize duplication
of effort and expense of the department, agency, or
instrumentality in carrying out the programs and shall take
necessary action to minimize duplication.
``(d) Use of Private Carriers.--The Secretary, in providing for the
transportation of spent nuclear fuel and high-level radioactive waste
under this Act, shall by contract use private industry to the fullest
extent possible in 0 each aspect of such transportation. The Secretary
shall use direct Federal services for such transportation only upon a
determination by the Secretary of Transportation, in consultation with
the Secretary, that private industry is unable or unwilling to provide
such transportation services at a reasonable cost.
``(e) 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).
``(f) Training Standard.--
``(1) Regulation.--No later than 12 months after the date
of enactment of this Act, the Secretary of Transportation,
pursuant to authority under other provisions of law, in
consultation with the Secretary of Labor and the Commission,
shall promulgate a regulation establishing training standards
applicable to workers directly involved in the removal and
transportation of spent nuclear fuel and high-level radioactive
waste. The regulation shall specify minimum training standards
applicable to workers, including managerial personnel. The
regulation shall require that the employer possess evidence of
satisfaction of the applicable training standard before any
individual may be employed in the removal and transportation of
spent nuclear fuel and high-level radioactive waste.
``(2) Secretary of transportation.--If the Secretary of
Transportation determines, in promulgating the regulation
required by paragraph (1), that existing Federal regulations
establish adequate training standards for workers, then the
Secretary of Transportation can refrain from promulgating
additional regulations with respect to worker training in such
activities. The Secretary of Transportation and the Commission
shall use their Memorandum of Understanding to ensure
coordination of worker training standards and to avoid
duplicative regulation.
``(3) Training standards content.--If training standards
are required to be promulgated under paragraph (1), such
standards shall, among other things deemed necessary and
appropriate by the Secretary of Transportation, provide for--
``(A) a specified minimum number of hours of
initial off-site instruction and actual field
experience under the direct supervision of a trained,
experienced supervisor;
``(B) a requirement that on-site managerial
personnel receive the same training as workers, and a
minimum number of additional hours of specialized
training pertinent to their managerial
responsibilities; and
``(C) a training program applicable to persons
responsible for responding to and cleaning up emergency
situations occurring during the removal and
transportation of spent nuclear fuel and high-level
radioactive waste.
The Secretary of Transportation may specify an appropriate
combination of knowledge, skills, and prior training to fulfill
the minimum number of hours requirements of subparagraphs (A)
and (B).
``(4) Emergency responder training standards.--The training
standards for persons responsible for responding to emergency
situations occurring during the removal and transportation of
spent nuclear fuel and high-level radioactive waste shall, in
accordance with existing regulations, ensure their ability to
protect nearby persons, property, or the environment from the
effects of accidents involving spent nuclear fuel and high-
level radioactive waste.
``(5) Authorization.--There are 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. 104. INTERIM STORAGE.
``(a) Authorization.--The Secretary shall design, construct, and
operate a facility for the interim storage of spent nuclear fuel and
high-level radioactive waste at the interim storage facility site. The
interim storage facility shall be subject to licensing pursuant to the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) in accordance with
the Commission's regulations governing the licensing of independent
spent fuel storage installations and shall commence operation in phases
by June 30, 2003. The interim storage facility shall store spent
nuclear fuel and high-level radioactive waste until the Secretary is
able to dispose of such fuel and waste in the repository. The annual
acceptance rate at the interim storage facility shall be as follows:
600 MTU in 2003, 1200 MTU in 2004, 2000 MTU in 2005, 2000 MTU in 2006,
2700 MTU in 2007, and 3000 MTU annually thereafter.
``(b) Design.--The design of the interim storage facility shall
provide for the use of storage technologies licensed or certified by
the Commission for use at the interim storage facility as necessary to
ensure compatibility between the interim storage facility and contract
holders' spent nuclear fuel and facilities, and to facilitate the
Secretary's ability to meet the Secretary's obligations under this Act.
``(c) Licensing.--
``(1) Phases.--The interim storage facility shall be
licensed by the Commission in order to commence operations in
phases by June 30, 2003.
``(2) First phase.--No later than 12 months after the date
of enactment of this Act, the Secretary shall submit to the
Commission an application for a license for the first phase of
the interim storage facility. The license for the first phase
of the interim storage facility shall have a term of 20 years.
The first phase of the interim storage facility shall have a
capacity of not more than 10,000 MTU. The Commission shall
issue a final decision granting or denying the application for
the first phase license no later than 36 months from the date
of the submittal of the application for such license.
``(3) Second phase.--The Secretary shall submit to the
Commission an application for a license for the second phase of
the interim storage facility. The license for the second phase
of the interim storage facility shall have an additional
storage capacity of 30,000 MTU. The license for the second
phase of the interim storage facility shall have an initial
term of up to 100 years and shall be renewable for additional terms
upon application of the Secretary.
``(d) Additional Authority.--
``(1) Construction.--For the purpose of complying with
subsection (a), the Secretary may commence site preparation for
the interim storage facility as soon as practicable after the
date of enactment of this Act and shall commence construction
of the first phase of the interim storage facility subsequent
to submittal of the license application except that the
Commission shall issue an order suspending such construction at
any time if the Commission determines that such construction
poses an unreasonable risk to public health and safety and the
environment. The Commission shall terminate all or part of such
order upon a determination that the Secretary has taken
appropriate action to eliminate such risk.
``(2) Facility use.--Notwithstanding any otherwise
applicable licensing requirement, the Secretary may utilize any
facility, owned by the Federal Government on the date of
enactment of this Act and within the boundaries of Area 25 of
the Nevada Test Site, to protect the public health and safety
or the environment before commencement of operations of the
second phase of the interim storage facility.
``(e) National Environmental Policy Act of 1969.--
``(1) Preliminary decisionmaking activities of the
secretary.--The designation by the Secretary of the interim
storage facility site, the preparation and submittal by the
Secretary of any license application for the interim storage
facility, the construction and operation by the Secretary of
the interim storage facility, or any other activity of the
Secretary (other than under subsection (i)) under this section
shall be considered preliminary decisionmaking activities for
purposes of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.). No such activity shall require the
preparation of an environmental impact statement under section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) or require any environmental review under
subparagraph (E) or (F) of such Act.
``(2) Environmental impact statement.--
``(A) Final decision of the commission.--A final
decision of the Commission to grant or deny a license
application for the first or second phase of the
interim storage facility shall be accompanied by an
Environmental Impact Statement prepared under section
102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)). In preparing such
Environmental Impact Statement, the Commission--
``(i) shall assume that 40,000 MTU will be
stored at the interim storage facility; and
``(ii) shall analyze the impacts of the
transportation of spent nuclear fuel and high-
level radioactive waste to the interim storage
facility in a generic manner.
``(B) Considerations.--Such Environmental Impact
Statement shall not consider--
``(i) the need for the interim storage
facility, including any individual component
thereof;
``(ii) the time of the initial availability
of the interim storage facility;
``(iii) any alternatives to the storage of
spent nuclear fuel and high-level radioactive
waste at the interim storage facility;
``(iv) any alternatives to the site of the
interim storage facility as designated by the
Secretary;
``(v) any alternatives to the design
criteria for the interim storage facility or
any individual component thereof, as specified
by the Secretary in the license application; or
``(vi) the environmental impacts of the
storage of spent nuclear fuel and high-level
radioactive waste at the interim storage
facility beyond the initial term of the license
or the term of the renewal period for which a
license renewal application is made.
``(3) On-site storage.--Activities of the Secretary under
subsection (i) are not major Federal actions subject to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(f) Judicial Review.--Judicial review of the Commission's
environmental impact statement under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) shall be consolidated with
judicial review of the Commission's licensing decision. No court shall
have jurisdiction to enjoin the construction or operation of the
interim storage facility before its final decision on review of the
Commission's licensing action.
``(g) Waste Confidence.--The Secretary's obligation to construct
and operate the interim storage facility in accordance with this
section and the Secretary's obligation to develop an integrated
management system in accordance with the provisions of this Act, shall
provide sufficient and independent grounds for any further findings by
the Commission of reasonable assurance that spent nuclear fuel and
high-level radioactive waste will be disposed of safely and on a timely
basis for purposes of the Commission's decision to grant or amend any
license to operate any civilian nuclear power reactor under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.).
``(h) Savings Clause.--Nothing in this Act shall affect the
Commission's procedures for the licensing of any technology for the dry
storage of spent nuclear fuel at the site of any civilian nuclear power
reactor as adopted by the Commission under section 218 of the Nuclear
Waste Policy Act of 1982, as in effect before the date of enactment of
this Act. The establishment of such procedures shall not preclude the
licensing, under any applicable procedures or rules of the Commission
in effect before such establishment, of any technology for the storage
of spent nuclear fuel at the site of any civilian nuclear power
reactor.
``(i) Storage On-Site by the Government.--In order to provide
relief from the financial and other burdens imposed on owners and
operators of civilian nuclear power reactors by the Secretary's failure
to accept spent nuclear fuel in accordance with section 302(a)(5)(B) of
the Nuclear Waste Policy Act of 1982, the Secretary may take title to
spent nuclear fuel generated by civilian nuclear power reactors for
storage on the site of such reactors.
``SEC. 105. PERMANENT DISPOSAL.
``(a) Site Characterization.--
``(1) Guidelines.--The guidelines promulgated by the
Secretary and published at 10 CFR part 960 are annulled and
revoked and the Secretary shall make no assumptions or
conclusions about the licensability of the Yucca Mountain site
as a repository by reference to such guidelines.
``(2) Site characterization activities.--The Secretary
shall carry out appropriate site characterization activities at
the Yucca Mountain site in accordance with the Secretary's
program approach.
``(3) Date.--By December 31, 2002, the Secretary shall
apply to the Commission for authorization to construct a
repository that will commence operations by January 17, 2010.
If, at any time before the filing of such application, the
Secretary determines that the Yucca Mountain site cannot
satisfy the Commission's regulations applicable to the
licensing of a geologic repository, the Secretary shall
terminate site characterization activities at the site, notify
Congress and the State of Nevada of the Secretary's
determination and the reasons therefor, and recommend to
Congress not later than 6 months after such determination
further actions, including the enactment of legislation, that
may be needed to manage the Nation's spent nuclear fuel and
high-level radioactive waste.
``(4) Maximizing capacity.--In developing an application
for authorization to construct the repository, the Secretary
shall seek to maximize the capacity of the repository.
``(b) Licensing.--Within one year of the date of enactment of this
Act, the Commission shall amend its regulations governing the disposal
of spent nuclear fuel and high-level radioactive waste in geologic
repositories to the extent necessary to comply with this Act. Subject
to subsection (c), such regulations shall provide for the licensing of
the repository according to the following procedures:
``(1) Construction authorization.--The Commission shall
grant the Secretary a construction authorization for the
repository upon determining that there is reasonable assurance
that spent nuclear fuel and high-level radioactive waste can be
disposed of in the repository--
``(A) in conformity with the Secretary's
application, the provisions of this Act, and the
regulations of the Commission;
``(B) with adequate protection of the health and
safety of the public; and
``(C) consistent with the common defense and
security.
``(2) License.--Following substantial completion of
construction and the filing of any additional information
needed to complete the license application, the Commission
shall issue a license to dispose of spent nuclear fuel and
high-level radioactive waste in the repository if the
Commission determines that the repository has been constructed
and will operate--
``(A) in conformity with the Secretary's
application, the provisions of this Act, and the
regulations of the Commission;
``(B) with adequate protection of the health and
safety of the public; and
``(C) consistent with the common defense and
security.
``(3) Closure.--After emplacing spent nuclear fuel and
high-level radioactive waste in the repository and collecting
sufficient confirmatory data on repository performance to
reasonably confirm the basis for repository closure consistent
with the Commission's regulations applicable to the licensing
of a repository, as modified in accordance with this Act, the
Secretary shall apply to the Commission to amend the license to
permit permanent closure of the repository. The Commission
shall grant such license amendment upon finding that there is
reasonable assurance that the repository can be permanently
closed--
``(A) in conformity with the Secretary's
application to amend the license, the provisions of
this Act, and the regulations of the Commission;
``(B) with adequate protection of the health and
safety of the public; and
``(C) consistent with the common defense and
security.
``(4) Post-closure.--The Secretary shall take those actions
necessary and appropriate at the Yucca Mountain site to prevent
any activity at the site subsequent to repository closure that
poses an unreasonable risk of--
``(A) breaching the repository's engineered or
geologic barriers; or
``(B) increasing the exposure of individual members
of the public to radiation beyond the release standard
established in subsection (d)(1).
``(c) Modification of Repository Licensing Procedure.--The
Commission's regulations shall provide for the modification of the
repository licensing procedure, as appropriate, in the event that the
Secretary seeks a license to permit the emplacement in the repository,
on a retrievable basis, of only that quantity of spent nuclear fuel or
high-level radioactive waste that is necessary to provide the Secretary
with sufficient confirmatory data on repository performance to
reasonably confirm the basis for repository closure consistent with
applicable regulations.
``(d) Licensing Standards.--Notwithstanding any other provision of
law, the Administrator of the Environmental Protection Agency shall not
promulgate, by rule or otherwise, standards for protection of the
public from releases of radioactive materials or radioactivity from the
repository and any such standards existing on the date of enactment of
this Act shall not be incorporated in the Commission's licensing
regulations. The Commission's repository licensing determinations for
the protection of the public shall be based solely on a finding whether
the repository can be operated in conformance with the overall system
performance standard established in paragraph (1)(A) and applied in
accordance with the provisions of paragraph (1)(B). The Commission
shall amend its regulations in accordance with subsection (b) to
incorporate each of the following licensing standards:
``(1) Release standard.--
``(A) Establishment of overall system performance
standard.--The standard for protection of the public
from release of radioactive material or radioactivity
from the repository shall prohibit releases that would
expose an average member of the general population in
the vicinity of the Yucca Mountain site to an annual
dose in excess of 100 millirems unless the Commission,
in consultation with the Administrator of the
Environmental Protection Agency, determines by rule
that such standard will not provide for adequate
protection of the health and safety of the public and
establishes by rule another standard which will provide
for adequate protection of the health and safety of the
public. Such standard shall constitute an overall
system performance standard.
``(B) Application of overall system performance
standard.--The Commission shall issue the license if it
finds reasonable assurance that--
``(i) for the first 1,000 years following
the commencement of repository operations, the
overall system performance standard will be met
based on a deterministic or probabilistic
evaluation of the overall performance of the
disposal system; and
``(ii) for the period commencing after the
first 1,000 years of operation of the
repository and terminating at 10,000 years
after the commencement of operation of the
repository, there is likely to be compliance
with the overall system performance standard
based on regulatory insight gained through the
use of a probabilistic integrated performance
model that uses best estimate assumptions,
data, and methods.
``(2) Human intrusion.--The Commission shall assume that,
following repository closure, the inclusion of engineered
barriers and the Secretary's post-closure actions at the Yucca
Mountain site, in accordance with subsection (b)(3), shall be
sufficient to--
``(A) prevent any human activity at the site that
poses an unreasonable risk of breaching the
repository's engineered or geologic barriers; and
``(B) prevent any increase in the exposure of
individual members of the public to radiation beyond
allowable limits as specified in paragraph (1).
``(e) National Environmental Policy Act.--
``(1) Commission regulations.--The promulgation of
standards or criteria by the Commission in accordance with the
provisions of this section 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 require any environmental review under
subparagraph (E) or (F) of section 102(2) of such Act.
``(2) Submission of statement.--Construction and operation
of the repository shall be considered a major Federal action
significantly affecting the quality of the human environment
for purposes of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.). The Secretary shall submit an
environmental impact statement on the construction and
operation of the repository to the Commission with the
application for construction authorization.
``(3) Considerations.--For purposes of complying with the
requirements of the National Environmental Policy Act of 1969
and this section, the Secretary shall not consider in the
environmental impact statement the need for the repository, the
time of the initial availability of the repository, alternate
sites for the Yucca Mountain site, or any alternatives to the
disposal of spent nuclear fuel and high-level radioactive waste
in a repository.
``(4) Adoption by commission.--The Secretary's
environmental impact statement and any supplements thereto
shall, to the extent practicable, be adopted by the Commission
in connection with the issuance by the Commission of a
construction authorization under subsection (b)(1), a license
under subsection (b)(2), or a license amendment under
subsection (b)(3). To the extent such statement or supplement
is adopted by the Commission, such adoption shall be deemed to
also satisfy the responsibilities of the Commission under the
National Environmental Policy Act of 1969, and no further
consideration shall be required, except that nothing in this
subsection shall affect any independent responsibilities of
the Commission to protect the public health and safety under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.). In any such statement
prepared with respect to the repository, the Commission shall not
consider the need for a repository, the time of initial availability of
the repository, alternate sites for the Yucca Mountain site, or any
alternatives to the disposal of spent nuclear fuel and high-level
radioactive waste in a repository.
``(f) Judicial Review.--No court shall have jurisdiction to enjoin
issuance of the Commission repository licensing regulations before its
final decision on review of such regulations.
``SEC. 106. 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 over 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 for interim storage facility site.--The
Secretary shall establish the boundaries and have maps drawn
for the interim storage facility site.
``(2) Boundaries for the yucca mountain site.--The
boundaries depicted on the map entitled `Yucca Mountain Site
Withdrawal Map', dated July 28, 1995, and on file with the
Secretary, are established as the boundaries of the Yucca
Mountain site.
``(3) Notice and maps for the interim storage facility
site.--Within 6 months of the date of enactment of this Act,
the Secretary shall--
``(A) publish in the Federal Register a notice
containing a legal description of the interim storage
facility site; and
``(B) file copies of the legal description
(including maps) 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 for the yucca mountain site.--
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 legal descriptions of the interim
storage facility site and the Yucca Mountain site referred to
in this subsection shall have the same force and effect as if
they were included in this Act. The Secretary may correct
clerical and typographical errors in the maps and legal
descriptions and make minor adjustments in the boundaries of
the sites.
``SEC. 107. APPLICABILITY.
``Nothing in this Act shall affect the application of chapter 51 of
title 49, United States Code; part A of subtitle V of title 49, United
States Code; part B of subtitle VI of title 49, United States Code; and
title 23, United States Code.
``TITLE II--LOCAL RELATIONS
``SEC. 201. ON-SITE REPRESENTATIVE.
``The Secretary shall offer to Nye County, Nevada, an opportunity
to designate a representative to conduct on-site oversight activities
at the Yucca Mountain site. Reasonable expenses of such representatives
shall be paid by the Secretary.
``SEC. 202. BENEFITS AGREEMENTS.
``(a) In General.--
``(1) Separate agreements.--The Secretary shall offer to
enter into separate agreements with Nye County, Nevada, and
Lincoln County, Nevada, concerning the integrated management
system.
``(2) Agreement content.--Any agreement shall contain such
terms and conditions, including such financial and
institutional arrangements, as the Secretary and agreement
entity determine to be reasonable and appropriate and shall
contain such provisions as are necessary to preserve any right
to participation or compensation of Nye County, Nevada, and
Lincoln County, Nevada.
``(b) Amendment.--An agreement entered into under subsection (a)
may be amended only with the mutual consent of the parties to the
amendment and terminated only in accordance with subsection (c).
``(c) Termination.--The Secretary shall terminate an agreement
under subsection (a) if any element of the integrated management system
may not be completed.
``(d) Limitation.--Only 1 agreement each for Nye County, Nevada,
and Lincoln County, Nevada, may be in effect at any one time.
``(e) Judicial Review.--Decisions of the Secretary under this
section are not subject to judicial review.
``SEC. 203. CONTENT OF AGREEMENTS.
``(a) In General.--
``(1) Schedule.--The Secretary, subject to appropriations,
shall make payments to the party of a benefits agreement under
section 202(a) in accordance with the following schedule:
``BENEFITS SCHEDULE
[Amounts in millions]
------------------------------------------------------------------------
Event Amount
------------------------------------------------------------------------
(A) Annual payments before first spent fuel receipt.......... $2.5
(B) Payment upon first spent fuel receipt.................... $5
(C) Annual payments after first spent fuel receipt until $5
closure of facility.........................................
------------------------------------------------------------------------
``(2) Definition.--For purposes of this section, the term
`first spent fuel receipt' means the acceptance of spent
nuclear fuel or high-level radioactive waste for storage at the
interim storage facility or disposal at the repository but does
not include acceptance for purposes of testing or operational
demonstration.
``(3) Annual payments.--Annual payments before first spent
fuel receipt under line (A) of the benefits schedule shall be
made on the date of execution of the benefits agreement and
thereafter on the anniversary date of such execution. Annual
payments after the first spent fuel receipt until closure of
the facility under line (C) of the benefits schedule shall be
made on the anniversary date of such first spent fuel receipt.
``(4) Reduction.--If the first spent fuel payment under
line (B) is made within 6 months after the last annual payment
before the first spent fuel receipt under line (A) of the
benefits schedule, such first spent fuel payment under line (B)
of the benefits schedule shall be reduced by an amount equal to
\1/12\ of such annual payment under line (A) of the benefits
schedule for each full month less than 6 that has not elapsed
since the last annual payment under line (A) of the benefits
schedule.
``(b) Contents.--A benefits agreement under section 202 shall
provide that--
``(1) the parties to the agreement shall share with one
another information relevant to the licensing process for the
interim storage facility or repository, as it becomes
available; and
``(2) the affected unit of local government that is party
to such agreement may comment on the development of the
integrated management system and on documents required under
law or regulations governing the effects of the system on the
public health and safety.
``(c) Construction.--The signature of the Secretary on a valid
benefits agreement under section 202 shall constitute a commitment by
the United States to make payments in accordance with such agreement.
``SEC. 204. ACCEPTANCE OF BENEFITS.
``(a) Consent.--The acceptance or use of any of the benefits
provided under this title by any affected unit of local government
shall not be deemed to be an expression of consent, express or implied,
either under the Constitution of the State of Nevada or any law
thereof, to the siting of the interim storage facility or repository in
the State of Nevada.
``(b) Arguments.--Neither the United States nor any other entity
may assert any argument based on legal or equitable estoppel,
acquiescence, waiver, or consensual involvement, in response to any
decision by the State of Nevada to oppose the siting in the State of
Nevada of the interim storage facility or repository premised upon or
related to the acceptance or use of benefits under this title.
``(c) Liability.--No liability of any nature may be asserted
against the State of Nevada, its Governor, any official thereof, or any
official of any governmental unit thereof, premised solely upon the
acceptance or use of benefits under this title.
``SEC. 205. RESTRICTION ON USE OF FUNDS.
``None of the funding provided under section 203 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; or
``(3) to support multistate efforts or other coalition-
building activities inconsistent with the purposes of this Act.
``SEC. 206. INITIAL LAND CONVEYANCES.
``(a) Conveyance of Public Lands.--Within 120 days after October 1,
2000, the Secretary of the Interior, or other agency with jurisdiction
over the public lands described in subsection (b), shall convey the
public lands described in subsection (b) to the appropriate county or
the City of Caliente, Nevada, unless the county or city notifies the
Secretary of the Interior or the head of such other appropriate agency
in writing within 60 days of such date of enactment that it elects not
to take title to all or any part of the property, except that any lands
conveyed to the County of Nye, County of Lincoln, or the City of
Caliente in Nevada under this subsection that are subject to a Federal
grazing permit or a similar federally granted privilege shall be
conveyed between 60 and 120 days of the earliest time the Federal
agency administering or granting the privilege would be able to legally
terminate such privilege under the statutes and regulations existing on
October 1, 2000, unless the Federal agency, county or city, and the
affected holder of the privilege negotiate an agreement that allows for
an earlier conveyance, but in no case to occur earlier than October 1,
2000.
``(b) Special Conveyances.--Subject to valid existing rights and
notwithstanding any other law, the Secretary of the Interior or the
head of the other appropriate agency shall convey:
``(1) To the County of Nye, Nevada, the following public
lands depicted on the maps dated October 11, 1995, and on file
with the Secretary:
``Map 1: Proposed Pahrump Industrial Park Site
``Map 2: Proposed Lathrop Wells (Gate 510)
Industrial Park Site
``Map 3: Pahrump Landfill Sites
``Map 4: Amargosa Valley Regional Landfill Site
``Map 5: Amargosa Valley Municipal Landfill Site
``Map 6: Beatty Landfill/Transfer Station Site
``Map 7: Round Mountain Landfill Site
``Map 8: Tonopah Landfill Site
``Map 9: Gabbs Landfill Site.
``(2) To the County of Lincoln, Nevada, the following
public lands depicted on the maps dated October 11, 1995, and
on file with the Secretary:
``Map 2: Lincoln County, Parcel M, Industrial Park
Site, Jointly with the City of Caliente
``Map 3: Lincoln County, Parcels F and G, Mixed
Use, Industrial Sites
``Map 4: Lincoln County, Parcels H and I, Mixed Use
and Airport Expansion Sites
``Map 5: Lincoln County, Parcels J and K, Mixed
Use, Airport and Landfill Expansion Sites
``Map 6: Lincoln County, Parcels E and L, Mixed
Use, Airport and Industrial Expansion Sites.
``(3) To the City of Caliente, Nevada, the following public
lands depicted on the maps dated October 11, 1995, and on file
with the Secretary:
``Map 1: City of Caliente, Parcels A, B, C and D,
Community Growth, Landfill Expansion and Community
Recreation Sites
``Map 2: City of Caliente, Parcel M, Industrial
Park Site, jointly with Lincoln County.
``(c) National Environmental Policy Act of 1969.--The activities of
the Secretary and the head of any other Federal agency in connection
with subsections (a) and (b) shall be considered preliminary decision
making activities. No such activity shall require the preparation of an
environmental impact statement under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) or any
environmental review under subparagraph (E) or (F) of section 102(2) of
such Act.
``SEC. 207. PAYMENTS IN LIEU OF TAXES.
``(a) Taxable Amounts.--In addition to financial assistance
provided under this title, the Secretary is authorized to grant to any
affected Indian tribe or affected unit of local government an amount
each fiscal year equal to the amount such affected Indian tribe or
affected unit of local government, respectively, would receive if
authorized to tax integrated management system activities, as such
affected Indian tribe or affected unit of local government taxes the
non-Federal real property and industrial activities occurring within
such affected unit of local government.
``(b) Termination.--Such grants shall continue until the Secretary
permanently closes the repository.
``(c) Assistance to Indian Tribes and Units of Local Government.--
``(1) Period.--Any affected Indian tribe or affected unit
of local government may not receive any grant under subsection
(a) after the expiration of the 1-year period following the
date on which the Secretary notifies the affected Indian tribe
or affected unit of local government of the termination of the
operation of the integrated management system.
``(2) Activities.--Any affected Indian tribe or affected
unit of local government may not receive any further assistance
under this section if the integrated management system
activities at such site are terminated by the Secretary or if
such activities are permanently enjoined by any court.
``TITLE III--FUNDING AND ORGANIZATION
``SEC. 301. NUCLEAR WASTE FUND.
`` (a) Contracts.--
``(1) In general.--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
high-level radioactive waste or spent nuclear fuel for the
acceptance of title, on-site storage, subsequent
transportation, interim storage, and disposal of such waste or
spent fuel. Such contracts shall provide for payment to the
Secretary of fees pursuant to paragraphs (2) and (3) sufficient
to offset expenditures for the integrated management system.
``(2) Fee for electricity generated.--For electricity
generated by a civilian nuclear power reactor and sold after
the date of enactment of this Act, the fee under paragraph (1)
shall be equal to 1.0 mill per kilowatt-hour.
``(3) One-time fee.--The one-time fee collected under
contracts executed under section 302(a) of the Nuclear Policy
Waste Act of 1982 after the date of enactment of this Act on
spent nuclear fuel or high-level radioactive waste derived from
spent nuclear fuel, which fuel was used to generate electricity
in a civilian nuclear power reactor before April 7, 1983, shall
be paid to the Nuclear Waste Fund. In paying such a fee to the
Secretary, the person delivering such spent nuclear fuel or
high-level radioactive waste derived from spent nuclear fuel
shall have no further financial obligation to the Federal
Government for the long-term storage and permanent disposal of
such spent nuclear fuel or high-level radioactive waste.
``(4) Payment procedures.--The Secretary shall annually
review the amount of the fees established by paragraph (2) to
evaluate whether collection of the fee will provide sufficient
revenues to offset expenditures for the integrated management
system. In the event the Secretary determines that either
insufficient or excess revenues are being collected, in order
to recover the costs incurred for the integrated management
system, the Secretary shall propose an adjustment to the fee to
ensure full cost recovery. The Secretary shall immediately
transmit this proposal for such an adjustment to Congress. The
adjusted fee proposed by the Secretary shall be effective after
a period of 90 days of continuous session have elapsed
following the receipt of such transmittal unless during such
90-day period a joint resolution disapproving the Secretary's
proposed adjustment is enacted into law.
``(5) Contracts.--
``(A) Contracts under section 302.--Subsequent to
the date of enactment of this Act, the contracts
executed under section 302(a) of the Nuclear Waste
Policy Act of 1982 shall continue in effect under this
Act in accordance with their terms, except to the
extent that such contracts have been modified by the
parties to such contracts.
``(B) Contracts under this act.--Contracts entered
into under paragraph (1) of this subsection shall
provide that--
``(i) following commencement of operation
of a repository, the Secretary shall take title
to the spent nuclear fuel or high-level
radioactive waste involved as expeditiously as
practicable upon the request of the generator
or owner of such spent fuel or waste; and
``(ii) in return for the payment of fees
established by this section, the
Secretary shall as expeditiously as practicable dispose of the high-
level radioactive waste or spent nuclear fuel involved.
``(6) Rights of contract holders.--With respect to any
contract entered into under section 302(a) of the Nuclear Waste
Policy Act of 1982 and continued in effect under paragraph
(5)(A), either party may propose to amend the contract as
necessary to provide for storage of spent nuclear fuel or high-
level nuclear waste in the interim storage facility established
under section 104 of this Act or to have the Secretary take
title under subsection (i) of such section to spent nuclear
fuel or high-level nuclear waste for the purpose of on-site
storage. The party proposing such an amendment shall notify the
other party to the contract of its intent to enter into such an
amendment. Contract amendments may be entered into at any time
after the date of the enactment of this Act.
``(7) Secretary's obligation with respect to proposed
contract amendments.--The Secretary shall--
``(A) provide notice to the public of any offer to
amend a contract under paragraph (6); and
``(B) provide an initial response to any such offer
made by another party within 30 days of the date notice
is given under paragraph (6).
``(8) Effect on authority to bring or maintain an action.--
Upon the effective date of any contract amendment entered into
under paragraph (6), the parties to such an amendment shall be
deemed to have waived any authority to bring or maintain an
action against the Secretary (other than an action for costs
incurred before such effective date) for failure to accept its
spent nuclear fuel in accordance with section 302(a)(5)(B) of
the Nuclear Waste Policy Act of 1982.
``(9) Liability.--Nothing in this Act shall be construed to
subject the United States to financial liability for any
failure of the Secretary to meet any deadline established in
this Act.
``(b) Advance Contracting Requirement.--
``(1) License issuance and renewal.--
``(A) In general.--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 with the Secretary under this section;
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 high-level radioactive waste and spent
nuclear fuel that may result from the use of such
license.
``(2) Contract requirement.--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 stored or disposed of by the
Secretary in any facility constructed under this Act unless the
generator or owner of such spent fuel or waste has entered into
a contract with the Secretary under this section 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) Assignable rights and duties.--The rights and duties
of a party to a contract entered into under this section may be
assignable with transfer of title to the spent nuclear fuel or
high-level radioactive waste involved.
``(4) Government fuel and waste.--No high-level radioactive
waste or spent nuclear fuel generated or owned by any
department of the United States referred to in section 101 or
102 of title 5, United States Code, may be stored or disposed
of by the Secretary in any facility constructed under this Act
unless such department transfers to the Secretary, for deposit
in the Nuclear Waste Fund, amounts equivalent to the fees that
would be paid to the Secretary under the contracts referred to
in this section if such waste or spent fuel were generated by
any other person.
``(c) Nuclear Waste Fund.--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. The
Nuclear Waste Fund shall consist of--
``(1) all receipts, proceeds, and recoveries realized by
the Secretary under subsections (a), (b), and (e), which shall
be deposited in the Nuclear Waste Fund immediately upon their
realization;
``(2) any appropriations made by the Congress to the
Nuclear Waste Fund; and
``(3) any unexpended balances available on the date of
enactment of this Act for the disposal of spent nuclear fuel or
high-level radioactive waste, which shall automatically be
transferred to the Nuclear Waste Fund on such date.
``(d) Use of Nuclear Waste Fund.--The Secretary may make
expenditures from the Nuclear Waste Fund, subject to subsection (e),
only for purposes of the integrated management system.
``(e) Administration of Nuclear Waste Fund.--
``(1) Secretary of the treasury.--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.
``(2) Budget.--The Secretary shall submit the budget of the
Nuclear Waste Fund 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 of the Nuclear Waste Fund
shall consist of the estimates made by the Secretary of
expenditures from the Nuclear Waste Fund and other relevant
financial matters for the succeeding 3 fiscal years. The
Secretary may make expenditures from the Nuclear Waste Fund,
subject to appropriations which shall remain available until
expended.
``(3) Investment of excess.--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--
``(A) having maturities determined by the Secretary
of the Treasury to be appropriate to the needs of the
Nuclear Waste Fund; and
``(B) 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.
``(4) 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.
``(5) Obligations.--If at any time the moneys available in
the Nuclear Waste Fund are insufficient to enable the Secretary
to discharge the Secretary's responsibilities under this Act,
the Secretary shall issue to the Secretary of the Treasury
obligations in such forms and denominations, bearing such
maturities, and subject to such terms and conditions as may be
agreed to by the Secretary and the Secretary of the Treasury.
The total of such obligations shall not exceed amounts provided
in appropriation Acts. Redemption of such obligations shall be
made by the Secretary from moneys available in the Nuclear
Waste Fund. Such obligations shall bear interest at a rate
determined by the Secretary of the Treasury, which shall be not
less than a rate determined by taking into consideration the
average market yield on outstanding marketable obligations of
the United States of comparable maturities during the month
preceding the issuance of the obligations under this paragraph.
The Secretary of the Treasury shall purchase any issued
obligations, and for such purpose the Secretary of the Treasury
is authorized to use as a public debt transaction the proceeds
from the sale of any securities issued under chapter 31 of
title 31, United States Code, and the purposes for which
securities may be issued under such chapter are extended to
include any purchase of such obligations. The Secretary of the
Treasury may at any time sell any of the obligations acquired
by him under this paragraph. All redemptions, purchases, and
sales by the Secretary of the Treasury of obligations under
this paragraph shall be treated as public debt transactions of
the United States.
``(6) Repayment.--Any appropriations made available to the
Nuclear Waste Fund under paragraph (5) shall be repaid into the
general fund of the Treasury, together with interest from the
date of availability of the appropriations until the date of
repayment. Such interest shall be paid on the cumulative amount
of appropriations available to the Nuclear Waste Fund, less the
average undisbursed cash balance in the Nuclear Waste Fund
account during the fiscal year involved. The rate of such
interest shall be determined by the Secretary of the Treasury
taking into consideration the average market yield during the
month preceding each fiscal year on outstanding marketable
obligations of the United States of comparable maturity.
Interest payments may be deferred with the approval of the
Secretary of the Treasury, but any interest payments so
deferred shall themselves bear interest.
``(f) Budget Status of Nuclear Waste Fund.--Notwithstanding any
other provision of law, the receipts and disbursements of the Nuclear
Waste Fund shall not be counted as new budget authority, outlays,
receipts, or deficit or surplus for purposes of--
``(1) the budget of the United States Government as
submitted by the President;
``(2) the congressional budget; or
``(3) the Balanced Budget and Emergency Deficit Control Act
of 1985.
``SEC. 302. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.
``(a) Continuation of Office of Civilian Radioactive Waste
Management.--The Office of Civilian Radioactive Waste Management
established under section 304(a) of the Nuclear Waste Policy Act of
1982 as constituted before the date of enactment of this Act, shall
continue in effect subsequent to the date of enactment of this Act.
``(b) Functions of Director.--The Director of the Office shall be
responsible for carrying out the functions of the Secretary under this
Act, subject to the general supervision of the Secretary. The Director
of the Office shall be directly responsible to the Secretary.
``(c) Audits.--
``(1) Standard.--The Office of Civilian Radioactive Waste
Management, its contractors, and subcontractors at all tiers,
shall conduct, or have conducted, audits and examinations of
their operations in accordance with the usual and customary
practices of private corporations engaged in large nuclear
construction projects consistent with its role in the program.
``(2) Time.--The management practices and performances of
the Office of Civilian Radioactive Waste Management shall be
audited every 5 years by an independent management consulting
firm with significant experience in similar audits of private
corporations engaged in large nuclear construction projects. The first
such audit shall be conducted 5 years after the date of enactment of
this Act.
``(3) Comptroller general.--The Comptroller General of the
United States shall annually make an audit of the Office, in
accordance with such regulations as the Comptroller General may
prescribe. The Comptroller General shall have access to such
books, records, accounts, and other materials of the Office as
the Comptroller General determines to be necessary for the
preparation of such audit. The Comptroller General shall submit
to the Congress a report on the results of each audit conducted
under this section.
``(4) Time.--No audit contemplated by this subsection shall
take longer than 30 days to conduct. An audit report shall be
issued in final form no longer than 60 days after the audit is
commenced.
``(5) Public documents.--All audit reports shall be public
documents and available to any individual upon request.
``SEC. 303. DEFENSE CONTRIBUTION.
``(a) Allocation.--No later than one year from the date of
enactment of this Act, acting pursuant to section 553 of title 5,
United States Code, the Secretary shall issue a final rule establishing
the appropriate portion of the costs of managing spent nuclear fuel and
high-level radioactive waste under this Act allocable to the interim
storage or permanent disposal of spent nuclear fuel 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 the interim storage facility and repository; and
``(2) interest on the principal amounts due calculated by
reference to the appropriate Treasury bill rate as if the
payments were made at a point in time consistent with the
payment dates for spent nuclear fuel and high-level radioactive
waste under the contracts.
``(b) Appropriation Request.--In addition to any request for an
appropriation from the Nuclear Waste Fund, the Secretary shall request
annual appropriations from general revenues in amounts sufficient to
pay the costs of the management of materials described in subsection
(a).
``(c) Report.--The Secretary shall advise the Congress annually of
the amount of spent nuclear fuel and high-level radioactive waste from
atomic energy defense activities and spent nuclear fuel from foreign
research reactors requiring management in the integrated management
system.
``(d) Authorization.--There is authorized to be appropriated to the
Secretary, from general revenues, for carrying out the purposes of this
Act, such sums as may be necessary to pay the costs of the management
of spent nuclear fuel and high-level radioactive waste from atomic
energy defense activities as established under subsection (a).
``TITLE IV--GENERAL AND MISCELLANEOUS PROVISIONS
``SEC. 401. COMPLIANCE WITH OTHER LAWS.
``If the requirements of any law are inconsistent with or
duplicative of the requirements of the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) and this Act, the Secretary shall comply only with
the requirements of the Atomic Energy Act of 1954 and this Act in
implementing the integrated management system. Any requirement of a
State or political subdivision of a State is preempted if--
``(1) complying with such requirement and a requirement of
this Act is impossible; or
``(2) such requirement, as applied or enforced, is an
obstacle to accomplishing or carrying out this Act or a
regulation under this Act.
``SEC. 402. WATER RIGHTS.
``(a) No Federal Reservation.--Nothing in this Act or any other Act
of Congress shall constitute or be construed to constitute either an
express or implied Federal reservation of water or water rights for any
purpose arising under this Act.
``(b) Acquisition and Exercise of Water Rights Under Nevada Law.--
The United States may acquire and exercise such water rights as it
deems necessary to carry out its responsibilities under this Act
pursuant to the substantive and procedural requirements of the State of
Nevada. Nothing in this Act shall be construed to authorize the use of
eminent domain by the United States to acquire water rights.
``(c) Exercise of Water Rights Generally Under Nevada Laws.--
Nothing in this Act shall be construed to limit the exercise of water
rights as provided under Nevada State laws.
``SEC. 403. JUDICIAL REVIEW OF AGENCY ACTIONS.
``(a) Jurisdiction of United States Courts of Appeals.--
``(1) Original and exclusive jurisdiction.--Except for
review in the Supreme Court of the United States, and except as
otherwise provided in this Act, the United States courts of
appeals shall have original and exclusive jurisdiction over any
civil action--
``(A) for review of any final decision or action of
the Secretary, the President, or the Commission under
this Act;
``(B) alleging the failure of the Secretary, the
President, or the Commission to make any decision, or
take any action, required under this Act;
``(C) challenging the constitutionality of any
decision made, or action taken, under any provision of
this Act; or
``(D) for review of any environmental impact
statement prepared or environmental assessment made
pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to any
action under this Act or alleging a failure to prepare
such statement with respect to any such action.
``(2) Venue.--The venue of any proceeding under this
section shall be in the judicial circuit in which the
petitioner involved resides or has its principal office, or in
the United States Court of Appeals for the District of
Columbia.
``(b) Deadline for Commencing Action.--A civil action for judicial
review described under subsection (a)(1) may be brought no later than
180 days after the date of the decision or action or failure to act
involved, as the case may be, except that if a party shows that the
party did not know of the decision or action complained of or of the
failure to act, and that a reasonable person acting under the
circumstances would not have known of such decision, action, or failure
to act, such party may bring a civil action no later than 180 days
after the date such party acquired actual or constructive knowledge of
such decision, action, or failure to act.
``(c) Application of Other Law.--The provisions of this section
relating to any matter shall apply in lieu of the provisions of any
other Act relating to the same matter.
``SEC. 404. 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
January 1, 2015.
``(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 on-site 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. 405. 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. 406. 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, before issuance of
licenses for low-level radioactive waste disposal or, in the
case of licenses in effect on January 7, 1983, before
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. 407. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION.
``The Commission shall promulgate regulations, or other appropriate
regulatory guidance, for the training and qualifications of civilian
nuclear powerplant operators, supervisors, technicians, and other
appropriate operating personnel. Such regulations or guidance shall
establish simulator training requirements for applicants for civilian
nuclear powerplant operator licenses and for operator requalification
programs; requirements governing Commission administration of
requalification examinations; requirements for operating tests at
civilian nuclear powerplant simulators, and instructional requirements
for civilian nuclear powerplant licensee personnel training programs.
``SEC. 408. SUBSEABED OR OCEAN WATER DISPOSAL.
``Notwithstanding any other provision of law--
``(1) the subseabed or ocean water disposal of spent
nuclear fuel or high-level radioactive waste is prohibited; and
``(2) no funds shall be obligated for any activity relating
to the subseabed or ocean water disposal of spent nuclear fuel
or high-level radioactive waste.
``SEC. 409. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
``(a) In General.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased with
funds made available under this Act should be American-made.
``(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
under this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
``(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined by a
court or Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made available
under this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through 9.409 of
title 48, Code of Federal Regulations.
``SEC. 410. SEPARABILITY.
``If any provision of this Act, or the application of such
provision to any person or circumstance, is held to be invalid, the
remainder of this Act, or the application of such provision to persons
or circumstances other than those as to which it is held to be invalid,
shall not be affected thereby.
``TITLE V--NUCLEAR WASTE TECHNICAL REVIEW BOARD
``SEC. 501. DEFINITIONS.
``For purposes of this title--
``(1) Chairman.--The term `Chairman' means the Chairman of
the Nuclear Waste Technical Review Board.
``(2) Board.--The term `Board' means the Nuclear Waste
Technical Review Board continued under section 502.
``SEC. 502. NUCLEAR WASTE TECHNICAL REVIEW BOARD.
``(a) Continuation of 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 before the date
of enactment of this Act, shall continue in effect subsequent to the
date of enactment of this Act.
``(b) Members.--
``(1) Number.--The Board shall consist of 11 members who
shall be appointed by the President not later than 90 days
after December 22, 1987, from among persons nominated by the
National Academy of Sciences in accordance with paragraph (3).
``(2) Chair.--The President shall designate a member of the
Board to serve as Chairman.
``(3) National academy of sciences.--
``(A) Nominations.--The National Academy of
Sciences shall, not later than 90 days after December
22, 1987, nominate not less than 22 persons for
appointment to the Board from among persons who meet
the qualifications described in subparagraph (C).
``(B) Vacancies.--The National Academy of Sciences
shall nominate not less than 2 persons to fill any
vacancy on the Board from among persons who meet the
qualifications described in subparagraph (C).
``(C) Nominees.--
``(i) Each person nominated for appointment
to the Board shall be--
``(I) eminent in a field of science
or engineering, including environmental
sciences; and
``(II) selected solely on the basis
of established records of distinguished
service.
``(ii) The membership of the Board shall be
representatives of the broad range of
scientific and engineering disciplines related
to activities under this title.
``(iii) No person shall be nominated for
appointment to the Board who is an employee
of--
``(I) the Department of Energy;
``(II) a national laboratory under
contract with the Department of Energy;
or
``(III) an entity performing spent
nuclear fuel or high-level radioactive
waste activities under contract with
the Department of Energy.
``(4) Vacancies.--Any vacancy on the Board shall be filled
by the nomination and appointment process described in
paragraphs (1) and (3).
``(5) Terms.--Members of the Board shall be appointed for
terms of 4 years, each such term to commence 120 days after
December 22, 1987, except that of the 11 members first
appointed to the Board, 5 shall serve for 2 years and 6 shall
serve for 4 years, to be designated by the President at the
time of appointment, except that a member of the Board whose
term has expired may continue to serve as a member of the Board
until such member's successor has taken office.
``SEC. 503. FUNCTIONS.
``The Board shall evaluate the technical and scientific validity of
activities undertaken by the Secretary after December 22, 1987,
including--
``(1) site characterization activities; and
``(2) activities relating to the packaging or
transportation of spent nuclear fuel or high-level radioactive
waste.
``SEC. 504. INVESTIGATORY POWERS.
``(a) Hearings.--Upon request of the Chairman or a majority of the
members of the Board, the Board may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence,
as the Board considers appropriate. Any member of the Board may
administer oaths or affirmations to witnesses appearing before the
Board.
``(b) Production of Documents.--
``(1) Response to inquiries.--Upon the request of the
Chairman or a majority of the members of the Board, and subject
to existing law, the Secretary (or any contractor of the
Secretary) shall provide the Board with such records, files,
papers, data, or information as may be necessary to respond to
any inquiry of the Board under this title.
``(2) Extent.--Subject to existing law, information
obtainable under paragraph (1) shall not be limited to final
work products of the Secretary, but shall include drafts of
such products and documentation of work in progress.
``SEC. 505. COMPENSATION OF MEMBERS.
``(a) In General.--Each member of the Board shall, subject to
appropriations, be paid at the rate of pay payable for level III of the
Executive Schedule for each day (including travel time) such member is
engaged in the work of the Board.
``(b) Travel Expenses.--Each member of the Board may receive travel
expenses, including per diem in lieu of subsistence, in the same manner
as is permitted under sections 5702 and 5703 of title 5, United States
Code.
``SEC. 506. STAFF.
``(a) Clerical Staff.--
``(1) Authority of chairman.--Subject to paragraph (2), the
Chairman may, subject to appropriations, appoint and fix the
compensation of such clerical staff as may be necessary to
discharge the responsibilities of the Board.
``(2) Provisions of title 5.--Clerical staff shall be
appointed subject to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
shall be paid in accordance with the provisions of chapter 51
and subchapter III of chapter 3 of such title relating to
classification and General Schedule pay rates.
``(b) Professional Staff.--
``(1) Authority of chairman.--Subject to paragraphs (2) and
(3), the Chairman may, subject to appropriations, appoint and
fix the compensation of such professional staff as may be
necessary to discharge the responsibilities of the Board.
``(2) Number.--Not more than 10 professional staff members
may be appointed under this subsection.
``(3) Title 5.--Professional staff members may be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
individual so appointed may receive pay in excess of the annual
rate of basic pay payable for GS-18 of the General Schedule.
``SEC. 507. SUPPORT SERVICES.
``(a) General Services.--To the extent permitted by law and
requested by the Chairman, the Administrator of General Services shall
provide the Board with necessary administrative services, facilities,
and support on a reimbursable basis.
``(b) Accounting, Research, and Technology Assessment Services.--
The Comptroller General, the Librarian of Congress, and the Director of
the Office of Technology Assessment shall, to the extent permitted by
law and subject to the availability of funds, provide the Board with
such facilities, support, funds and services, including staff, as may
be necessary for the effective performance of the functions of the
Board.
``(c) Additional Support.--Upon the request of the Chairman, the
Board may secure directly from the head of any department or agency of
the United States information necessary to enable it to carry out this
title.
``(d) Mails.--The Board may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
``(e) Experts and Consultants.--Subject to such rules as may be
prescribed by the Board, the Chairman may, subject to appropriations,
procure temporary and intermittent services under section 3109(b) of
title 5 of the United States Code, but at rates for individuals not to
exceed the daily equivalent of the maximum annual rate of basic pay
payable for GS-18 of the General Schedule.
``SEC. 508. REPORT.
``The Board shall report not less than 2 times per year to Congress
and the Secretary its findings, conclusions, and recommendations.
``SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for expenditures such
sums as may be necessary to carry out the provisions of this title.
``SEC. 510. TERMINATION OF THE BOARD.
``The Board shall cease to exist not later than one year after the
date on which the Secretary begins disposal of spent nuclear fuel or
high-level radioactive waste in the repository.''.
SEC. 2. EFFECT ON PAYGO SCORECARD.
Upon the enactment of this Act, the Director of the Office of
Management and Budget shall not make any estimates of changes in direct
spending outlays and receipts under section 252(d) of the Balanced
Budget and Emergency Deficit Control Act of 1985 resulting from the
enactment of section 301 of Nuclear Waste Policy Act of 1999.