[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.