[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 608 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 608

             To amend the Nuclear Waste Policy Act of 1982.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 1999

   Mr. Murkowski (for himself, Mr. Craig, Mr. Grams, and Mr. Crapo) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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 TO 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--OBLIGATIONS

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

``Sec. 201. Intermodal transfer.
``Sec. 202. Transportation planning.
``Sec. 203. Transportation requirements.
``Sec. 204. Interim Storage.
``Sec. 205. Permanent Repository.
``Sec. 206. Compliance with the National Environmental Policy Act.
``Sec. 207. Land withdrawal.
``Sec. 208. Applicability.
                      ``TITLE III--LOCAL RELATIONS

``Sec. 303. Financial assistance.
``Sec. 302. Onsite representative.
``Sec. 303. Benefits agreements.
``Sec. 304. Contents of agreements.
``Sec. 305. Acceptance of benefits.
``Sec. 306. Restriction on use of funds.
``Sec. 307. Initial land conveyances.
``Sec. 308. Payments equal to taxes.
                  ``TITLE IV--FUNDING AND ORGANIZATION

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

``Sec. 501. Compliance with other laws.
``Sec. 502. Water rights.
``Sec. 503. Judicial review of agency actions.
``Sec. 504. Licensing of facility expansions and transshipments.
``Sec. 505. Siting a second repository.
``Sec. 506. Financial arrangements for low-level radioactive waste site 
                            closure.
``Sec. 507. Nuclear Regulatory Commission training authorization.
``Sec. 508. Acceptance schedule.
``Sec. 509. Subseabed or ocean water disposal.
``Sec. 510. Transfer of Title.
``Sec. 511. Separability.
``Sec. 512. Purchase of American-made equipment and products.
            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

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

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

``SEC. 2 DEFINITIONS.

    ``For purposes of this Act:
            ``(1) Accept, acceptance.--The terms `accept' and 
        `acceptance' mean the Secretary's act of taking possession of 
        spent nuclear fuel or high-level radioactive waste.
            ``(2) Acceptance schedule.--The term `acceptance schedule' 
        means the schedule established in section 508 for acceptance of 
        spent nuclear fuel and high-level radioactive waste.
            ``(3) Affected indian tribe.--The term `affected Indian 
        tribe' means an Indian tribe whose reservation is surrounded by 
        or borders on an affected unit of local government, or whose 
        federally defined possessory or usage rights to other lands 
        outside of the border of the Indian tribe's reservation arising 
        out of congressionally ratified treaties may be affected by the 
        locating of an interim storage facility or repository, if the 
        Secretary finds, upon petition of the appropriate government 
        officials of the Indian tribe, that such affects are both 
        substantial and adverse to the Indian tribe.
            ``(4) Affected unit of local government.--The term 
        `affected unit of local government' means the unit of local 
        government with jurisdiction over the site of a repository or 
        interim storage facility. Such term may, at the discretion of 
        the Secretary, include other units of local government that are 
        contiguous with such unit.
            ``(5) Atomic energy defense activity.--The term `atomic 
        energy defense activity' means any activity of the Secretary 
        performed in whole or in part in carrying out any of the 
        following functions:
                    ``(A) Naval reactors development.
                    ``(B) Weapons activities including defense inertial 
                confinement fusion.
                    ``(C) Verification and control technology.
                    ``(D) Defense nuclear materials production.
                    ``(E) Defense nuclear waste and materials 
                byproducts management.
                    ``(F) Defense nuclear materials security and 
                safeguards and security investigations.
                    ``(G) Defense research and development.
                    ``(H) Nuclear nonproliferation.
            ``(6) Civilian nuclear power reactor.--The term `civilian 
        nuclear power reactor' means a civilian nuclear power plant 
        required to be licensed under section 103 or 104b. of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
            ``(7) Commission.--The term `Commission' means the Nuclear 
        Regulatory Commission.
            ``(8) Contracts.--The term `contracts' means the contracts, 
        executed prior to the date of enactment of the Nuclear Waste 
        Policy Act of 1999, under section 302(a) of the Nuclear Waste 
        Policy Act of 1982, by the Secretary and any person who 
        generates or holds title to spent nuclear fuel or high-level 
        radioactive waste of domestic origin for acceptance of such 
        waste or fuel by the Secretary and the payment of fees to 
        offset the Secretary's expenditures, and any subsequent 
        contracts executed by the Secretary pursuant to section 401(a) 
        of this Act.
            ``(9) Contract holders.--The term `contract holders' means 
        parties (other than the Secretary) to contracts.
            ``(10) Department.--The term `Department' means the 
        Department of Energy.
            ``(11) 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.
            ``(12) 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.
            ``(13) Engineered barriers.--The terms `engineered 
        barriers' and `engineered systems and components,' mean man 
        made components of a disposal system. These terms include the 
        spent nuclear fuel or high-level radioactive waste form, spent 
        nuclear fuel package or high-level radioactive waste package, 
        and other materials placed over and around such packages.
            ``(14) High-level radioactive waste.--The term `high-level 
        radioactive waste' means--
                    ``(A) the highly radioactive material resulting 
                from the reprocessing 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, which 
                includes any low-level radioactive waste with 
                concentrations of radionuclides that exceed the limits 
                established by the Commission for class C radioactive 
                water, as defined by section 61.55 of title 10, Code of 
                Federal Regulations, as in effect on January 26, 1983.
            ``(15) Federal agency.--The term `Federal agency' means any 
        Executive agency, as defined in section 105 of title 5, United 
        States Code.
            ``(16) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community of Indians recognized as eligible for the services 
        provided to Indians by the Secretary of the interior because of 
        their status as Indians including any Alaska Native village, as 
        defined in section 3(c) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1602(c)).
            ``(17) Integrated management system.--The term `integrated 
        management system' means the system developed by the Secretary 
        for the acceptance, transportation, storage, and disposal of 
        spent nuclear fuel and high-level radioactive waste.
            ``(18) Interim storage facility.--The term `interim storage 
        facility' means a facility designed and constructed for the 
        receipt, handling, possession, safeguarding, and storage of 
        spent nuclear fuel and high-level radioactive waste in 
        accordance with title II of this Act.
            ``(19) Interim storage facility site.--The term `interim 
        storage facility site' means the specific site within Area 25 
        of the Nevada Test Site that is designated by the Secretary and 
        withdrawn and reserved in accordance with this Act for the 
        location of the interim storage facility.
            ``(20) Low-level radioactive waste.--The term `low-level 
        radioactive waste' means radioactive material that--
                    ``(A) is not spent nuclear fuel, high-level 
                radioactive waste, transuranic waste, or byproduct 
                material as defined in section 11 e.(2) of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2014(e)(2)); and
                    ``(B) the Commission, consistent with existing law, 
                classifies as low-level radioactive waste.
            ``(21) Metric tons uranium 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. The value of `metric tons uranium' or 
        `MTU' for high-level waste forms is defined to be one-sixth of 
        one MTU per high-level waste canister.
            ``(22) Nuclear waste fund.--The term `Nuclear Waste Fund' 
        means the nuclear waste fund established in the United States 
        Treasury prior to the date of enactment of this Act under 
        section 302(c) of the Nuclear Waste Policy Act of 1982.
            ``(23) Office.--The term `Office' means the Office of 
        Civilian Radioactive Waste Management established within the 
        Department prior to the date of enactment of this Act under the 
        provisions of the Nuclear Waste Policy Act of 1982.
            ``(24) 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.
            ``(25) Program approach.--The term `program approach' means 
        the Civilian Radioactive Waste Management Program Plan, dated 
        May 6, 1996, as modified by this Act, and as amended from time 
        to time by the Secretary in accordance with this Act.
            ``(26) Repository.--The term `repository' means a system 
        designed and constructed under title II of this Act for the 
        permanent geologic disposal of spent nuclear fuel and high-
        level radioactive waste, including both surface and subsurface 
        areas at which spent nuclear fuel and high-level radioactive 
        waste receipt, handling, possession, safeguarding, and storage 
        are conducted.
            ``(27) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(28) Site characterization.--The term `site 
        characterization' means activities, whether in a laboratory or 
        in the field, undertaken to establish a geologic condition and 
        the ranges of the parameters of a candidate site relevant to 
        the location of a repository, including borings, surface 
        excavations, excavations of exploratory facilities, limited 
        subsurface lateral excavations and borings, and in situ testing 
        needed to evaluate the licensability of candidate site for the 
        location of repository, but not including preliminary borings 
        and geophysical testing needed to assess whether site 
        characterization should be undertaken.
            ``(29) Spent nuclear fuel.--The term `spent nuclear fuel' 
        means fuel that has been withdrawn from a nuclear reactor 
        following irradiation, the constituent elements of which have 
        not been separated by reprocessing.
            ``(30) 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.
            ``(31) 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.).
            ``(32) 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.
            ``(33) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.

``SEC. 3. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress finds that--
            ``(1) while spent nuclear fuel can be safely stored at 
        reactor sites, the expeditious movement to and storage of such 
        spent nuclear fuel at a centralized Federal facility will 
        enhance the Nation's environmental protection;
            ``(2) while the Federal Government has the responsibility 
        to provide for the centralized interim storage and permanent 
        disposal of spent nuclear fuel and high-level radioactive waste 
        to protect the public health and safety and the environment, 
        the costs of such storage and disposal should be the 
        responsibility of the generators and owners of such waste and 
        fuel, including the Federal Government;
            ``(3) in the interests of protecting the public health and 
        safety, enhancing the Nation's environmental protection, 
        promoting the Nation's energy security, and ensuring the 
        Secretary's ability to commence acceptance of spent nuclear 
        fuel and high-level radioactive waste no later than 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
            ``(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 no later than 
        June 30, 2003, and for permanent disposal at a repository 
        commencing no later than January 17, 2010;
            ``(2) to provide for the siting, construction, and 
        operation of a repository for permanent geologic disposal of 
        spent nuclear fuel and high-level radioactive waste in order to 
        adequately protect the public and the environment;
            ``(3) to take those actions necessary to ensure that the 
        consumers of nuclear energy, who are funding the Secretary's 
        activities under this Act, receive the services to which they 
        are entitled and realize the benefits of enhanced protection of 
        public health and safety, and of the environment, that will 
        ensue from the Secretary's compliance with the obligations 
        imposed by this Act; and
            ``(4) to provide a schedule and process for the expeditious 
        and safe development and commencement of operation of an 
        integrated management system to ensure that the Secretary can 
        commence acceptance of spent nuclear fuel and high-level 
        radioactive waste no later than June 30, 2003.

                         ``TITLE I--OBLIGATIONS

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

    ``(a) Disposal.--The Secretary shall develop and operate a 
repository for the permanent geologic disposal of spent nuclear fuel 
and high-level radioactive waste.
    ``(b) Acceptance.--The Secretary shall accept spent nuclear fuel 
and high-level radioactive waste for storage at the interim storage 
facility pursuant to section 204 in accordance with the acceptance 
schedule, beginning not later than June 30, 2003.
    ``(c) Transportation.--The Secretary shall provide for the 
transportation of spent nuclear fuel and high-level radioactive waste 
accepted by the Secretary.
    ``(d) Integrated Management System.--The Secretary shall 
expeditiously pursue the development of each component of the 
integrated management system, and in so doing shall seek to utilize 
effective private sector management and contracting practices.
    ``(e) Private Sector Participation.--In administering the 
Integrated Management System, the Secretary shall, to the maximum 
extent possible, utilize, employ, procure and contract with, the 
private sector to fulfill the Secretary's obligations and requirements 
under this Act.
    ``(f) Pre-Existing Rights.--Nothing in the Nuclear Waste Policy Act 
of 1999 is intended to or shall be construed to modify--
            ``(1) any right of a contract holder under section 302(a) 
        of the Nuclear Waste Policy Act of 1982, or under a contract 
        executed prior to the date of enactment of this Act under that 
        section; or
            ``(2) obligations imposed upon the Federal Government by 
        the United States District Court of Idaho in an order entered 
        on October 17, 1995 in United States v. Batt (No. 91-0054-S-
        EJL).
    ``(g) Liability.--Subject to subsection (f), nothing in the Nuclear 
Waste Policy Act of 1999 shall be construed to subject the United 
States to financial liability for the Secretary's failure to meet any 
deadline for the acceptance or emplacement of spent nuclear fuel or 
high-level radioactive waste for storage or disposal under the Nuclear 
Waste Policy Act of 1999.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

``SEC. 201. INTERMODAL TRANSFER.

    ``(a) Transportation.--The Secretary shall utilize truck transport 
to move spent nuclear fuel and high-level radioactive waste from the 
mainline rail line at Caliente, Nevada, to the interim storage facility 
site. If direct rail access becomes available to the interim storage 
facility site, the Secretary may use rail transportation to meet the 
requirements of this title.
    ``(b) Capability Date.--The Secretary shall develop the capability 
to commence rail to truck intermodal transfer at Caliente, Nevada, no 
later than June 30, 2003.
    ``(c) Acquisitions.--The Secretary shall acquire land and rights-
of-way necessary to commence intermodal transfer at Caliente, Nevada.
    ``(d) Replacements.--The Secretary shall acquire and develop on 
behalf of, and dedicate to, the City of Caliente, Nevada, parcels of 
land and rights-of-way as required to facilitate replacement of land 
and city wastewater disposal activities necessary to commence 
intermodal transfer pursuant to this Act. Replacement of land and city 
wastewater disposal activities shall occur no later than June 30, 2003.
    ``(e) Notice and Map.--Within 6 months of the date of enactment of 
this Act, the Secretary shall--
            ``(1) publish in the Federal Register a notice containing a 
        legal description of the sites and rights-of-way to be acquired 
        under this section; and
            ``(2) file copies of a map of such sites and rights-of-way 
        with the Congress, the Secretary of the Interior, the State of 
        Nevada, the Archivist of the United States, the Board of 
        Lincoln County Commissioners, the Board of Nye County 
        Commissioners, and the Caliente City Council.
Such map and legal description shall have the same force and effect as 
if they were included in this Act. The Secretary may correct clerical 
and typographical errors in legal descriptions and make minor 
adjustments in the boundaries.
    ``(f) Improvements.--The Secretary shall make improvements to 
existing roadways selected for truck transport between Caliente, 
Nevada, and the interim storage facility site as necessary to 
facilitate year-round safe transport of spent nuclear fuel and high-
level radioactive waste.
    ``(g) Heavy Haul Transportation Route.--
            ``(1) Designation of route.--The route for the heavy haul 
        truck transport of spent nuclear fuel and high-level 
        radioactive waste shall be as designated in the map dated July 
        21, 1997 (referred to as `Heavy Haul Route') and on file with 
        the Secretary.
            ``(2) Truck transportation.--The Secretary, in consultation 
        with the State of Nevada and appropriate counties and local 
        jurisdictions, shall establish reasonable terms and conditions 
        pursuant to which the Secretary may utilize heavy haul truck 
        transport to move spent nuclear fuel and high-level radioactive 
        waste from Caliente, Nevada, to the interim storage facility 
        site.
            ``(3) Improvements and maintenance.--Notwithstanding any 
        other law--
                    ``(A) the Secretary shall be responsible for any 
                incremental costs related to improving or upgrading 
                Federal, State, and local roads within the heavy haul 
                transportation route utilized, and performing any 
                maintenance activities on such roads, as necessary, to 
                facilitate year-round safe transport of spent nuclear 
                fuel and high-level radioactive waste; and
                    ``(B) any such improvement, upgrading, or 
                maintenance activity shall be funded solely by 
                appropriations made pursuant to sections 401 and 403 of 
                this Act.
    ``(h) Local Government Involvement.--The Commission shall enter 
into a Memorandum of Understanding with the City of Caliente and 
Lincoln County, Nevada, to provide advice to the Commission regarding 
intermodal transfer and to facilitate on-site representation. 
Reasonable expenses of such representation shall be paid by the 
Secretary.

``SEC. 202. TRANSPORTATION PLANNING.

    ``(a) Transportation Readiness.--The Secretary--
            ``(1) shall take such actions as are necessary and 
        appropriate to ensure that the Secretary is able to transport 
        safely spent nuclear fuel and high-level radioactive waste from 
        Department of Energy sites and the sites designated by the 
        contract holders to mainline transportation facilities and from 
        the mainline transportation facilities to the interim storage 
        facility or repository, using routes that minimize, to the 
        maximum practicable extent and consistent with Federal 
        requirements governing transportation of hazardous materials, 
        transportation of spent nuclear fuel and high-level radioactive 
        waste through populated areas; and
            ``(2) as soon as is practicable following the enactment of 
        this Act, the Secretary shall, in consultation with the 
        Secretary of Transportation and affected States and tribes, and 
        after an opportunity for public comment, develop and implement 
        a comprehensive management plan that ensures safe 
        transportation of spent nuclear fuel and high-level radioactive 
        waste from Department of Energy sites and the sites designated 
        by the contract holders to the interim storage facility site.
    ``(b) Transportation Planning.--
            ``(1) In general.--In conjunction with the development of 
        the comprehensive management plan in accordance with subsection 
        (a), the Secretary shall update and modify, as necessary, the 
        Secretary's transportation institutional plans to ensure that 
        institutional issues are addressed and resolved on a schedule 
        to support the commencement of transportation of spent nuclear 
        fuel and high-level radioactive waste to the interim storage 
        facility no later than 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 203, public education regarding 
        transportation of spent nuclear fuel and high-level radioactive 
        waste, and transportation tracking programs.
    ``(c) Shipping Campaign Transportation Plans.--
            ``(1) In general.--The Secretary shall develop a 
        transportation plan for the implementation of each shipping 
        campaign (as that term is defined by the Secretary) from each 
        site at which spent nuclear fuel or high-level nuclear waste is 
        stored, consistent with the principles and procedures stated in 
        Department of Energy Order No. 460.2 and the Program Manager's 
        Guide.
            ``(2) Requirements.--A shipping campaign transportation 
        plan shall--
                    ``(A) be fully integrated with State and tribal 
                government notification, inspection, and emergency 
                response plans along the preferred shipping route or 
                State-designated alternative route identified under 
                subsection (d) (unless the Secretary certifies in the 
                plan that the State or tribal government has failed to 
                cooperate in fully integrating the shipping campaign 
                transportation plan with the applicable State or tribal 
                government plans); and
                    ``(B) be consistent with the principles and 
                procedures developed for the safest transportation of 
                transuranic waste to the Waste Isolation Pilot Plant 
                (unless the Secretary certifies in the plan that a 
                specific principle or procedure is inconsistent with a 
                provision of this Act).
    ``(d) Safe Shipping Routes and Modes.--
            ``(1) In general.--The Secretary shall evaluate the 
        relative safety of the proposed shipping routes and shipping 
        modes from each shipping origin to the interim storage facility 
        or repository compared with the safety of alternative modes and 
        routes.
            ``(2) Considerations.--The evaluation under paragraph (1) 
        shall be conducted in a manner consistent with regulations 
        promulgated by the Secretary of Transportation under authority 
        of chapter 51 of title 49, United States Code, and the Nuclear 
        Regulatory Commission under authority of the Atomic Energy Act 
        of 1954 (42 U.S.C. 2011 et seq.), as applicable.
            ``(3) Designation of preferred shipping route and mode.--
        Following the evaluation under paragraph (1), the Secretary 
        shall designate preferred shipping routes and modes from each 
        civilian nuclear power reactor and Department of Energy 
        facility that stores spent nuclear fuel or other high-level 
        defense waste.
            ``(4) Selection of primary shipping route.--If the 
        Secretary designates more than 1 preferred route under 
        paragraph (3), the Secretary shall select a primary route after 
        considering, at a minimum, historical accident rates, 
        population, significant hazards, shipping time, shipping 
        distance, and mitigating measures such as limits on the speed 
        of shipments.
            ``(5) Use of primary shipping route and mode.--Except in 
        cases of emergency, for all shipments conducted under this Act, 
        the Secretary shall cause the primary shipping route and mode 
        or State-designated alternative route under chapter 51 of title 
        49, United States Code, to be used. If a route is designated as 
        a primary route for any reactor or Department of Energy 
        facility, the Secretary may use that route to transport spent 
        nuclear fuel or high-level radioactive waste from any other 
        reactor or Department of Energy facility.
            ``(6) Training and technical assistance.--Following 
        selection of the primary shipping routes, or State-designated 
        alternative routes, the Secretary shall focus training and 
        technical assistance under section 203(c) on those routes.
            ``(7) Preferred rail routes.--
                    ``(A) Regulation.--Not later than 1 year after the 
                date of enactment of the Nuclear Waste Policy Act of 
                1999, the Secretary of Transportation, pursuant to 
                authority under other provisions of law, shall 
                promulgate a regulation establishing procedures for the 
                selection of preferred routes for the transportation of 
                spent nuclear fuel and nuclear waste by rail.
                    ``(B) Interim provision.--During the period 
                beginning on the date of enactment of the Nuclear Waste 
                Policy Act of 1999 and ending on the date of issuance 
                of a final regulation under subparagraph (A), rail 
                transportation of spent nuclear fuel and high-level 
                radioactive waste shall be conducted in accordance with 
                regulatory requirements in effect on that date and with 
                this section.

``SEC. 203. TRANSPORTATION REQUIREMENTS.

    ``(a) Package Certification.--No spent nuclear fuel or high-level 
radioactive waste may be transported by or for the Secretary under this 
Act except in packages that have been certified for such purposes by 
the Commission.
    ``(b) State Notification.--The Secretary shall abide by regulations 
of the Commission regarding advance notification of State and tribal 
governments prior to transportation of spent nuclear fuel or high-level 
radioactive waste under this Act.
    ``(c) Technical Assistance.--
            ``(1) In general.--
                    ``(A) States and indain tribes.--As provided in 
                paragraph (3), the Secretary shall provide technical 
                assistance and funds to States and Indian tribes for 
training of public safety officials of appropriate units of State, 
local, and tribal government. A State shall allocate to local 
governments within the State a portion of any funds that the Secretary 
provides to the State for technical assistance and funding.
                    ``(B) Employee organizations.--The Secretary shall 
                provide technical assistance and funds for training 
                directly to nonprofit employee organizations, and joint 
                labor-management organizations that demonstrate 
                experience in implementing and operating worker health 
                and safety training and education programs and 
                demonstrate the ability to reach and involve in 
                training programs target populations of workers who are 
                or will be directly engaged in the transportation of 
                spent nuclear fuel and high-level radioactive waste or 
                emergency response or post-emergency response with 
                respect to such transportation.
                    ``(C) Training.--Training under this section--
                            ``(i) shall cover procedures required for 
                        safe routine transportation of materials and 
                        procedures for dealing with emergency response 
                        situations;
                            ``(ii) shall be consistent with any 
                        training standards established by the Secretary 
                        of Transportation under subsection (h); 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 public safety 
                                officers procedures for the command and 
                                control of the response to any incident 
                                involving the waste; and
                                    ``(III) instruction of radiological 
                                protection and emergency medical 
                                personnel in procedures for responding 
                                to an incident involving spent nuclear 
                                fuel or high-level radioactive waste 
                                being transported.
            ``(2) No shipments if no training.--
                    ``(A) There will be no shipments of spent nuclear 
                fuel and high-level radioactive waste through the 
                jurisdiction of any State or the reservation lands of 
                any Indian tribe eligible for grants under paragraph 
                (3)(B) until the Secretary has made a determination 
                that personnel in all State, local, and tribal 
                jurisdictions on primary and alternative shipping 
                routes have met acceptable standards of training for 
                emergency responses to accidents involving spent 
                nuclear fuel and high-level nuclear waste, as 
                established by the Secretary, and unless technical 
                assistance and funds to implement procedures for the 
                safe routine transportation and for dealing with 
                emergency response situations under paragraph (1)(A) 
                have been available to a State or Indian tribe for at 
                least 3 years prior to any shipment: Provided, however, 
                That the Secretary may ship spent nuclear fuel and 
                high-level radioactive waste if technical assistance or 
                funds have not been made available due to--
                            ``(i) an emergency, including the sudden 
                        and unforeseen closure of a highway or rail 
                        line or the sudden and unforeseen need to 
                        remove spent fuel from a reactor because of an 
                        accident, or
                            ``(ii) the refusal to accept technical 
                        assistance by a State or Indian tribe, or
                            ``(iii) fraudulent actions which violate 
                        Federal law governing the expenditure of 
                        Federal funds.
                    ``(B) In the event the Secretary is required to 
                transport spent fuel or high-level radioactive waste 
                through a jurisdiction prior to 3 years after the 
                provision of technical assistance or funds to such 
                jurisdiction, the Secretary shall, prior to such 
                shipment, hold meetings in each State and Indian 
                reservation through which the shipping route passes in 
                order to present initial shipment plans and receive 
                comments. Department of Energy personnel trained in 
                emergency response shall escort each shipment. Funds 
                and all Department of Energy training resources shall 
                be made available to States and Indian tribes along the 
                shipping route no later than three months prior to the 
                commencement of shipments; Provided, however, That in 
                no event shall such shipments exceed 1,000 metric tons 
                per year: Provided further, That no such shipments 
                shall be conducted more than four years after the 
                effective date of the Nuclear Waste Policy Act of 1999.
            ``(3) Grants.--
                    ``(A) In general.--To implement this section, 
                grants shall be made under section 401(d).
                    ``(B) Grants for development of plans.--
                            ``(i) In general.--The Secretary shall make 
                        a grant of at least $150,000 to each State 
                        through the jurisdiction of which and each 
                        federally recognized Indian tribe through the 
                        reservation lands of which a shipment of spent 
                        nuclear fuel or high-level radioactive waste 
                        will be made under this Act for the purpose of 
                        developing a plan to prepare for such 
                        shipments.
                            ``(ii) Limitation.--A grant shall be made 
                        under clause (i) only to a State or a federally 
                        recognized Indian tribe that has the authority 
                        to respond to incidents involving shipments of 
                        hazardous material.
                    ``(C) Grants for implementation of plans.--
                            ``(i) In general.--Annual implementation 
                        grants shall be made to States and Indian 
                        tribes that have developed a plan to prepare 
                        for shipments under this Act under subparagraph 
                        (B). The Secretary, in submitting the annual 
                        departmental budget to Congress for funding of 
                        implementation grants under this section, shall 
                        be guided by the State and tribal plans 
                        developed under subparagraph (B). As part of 
                        the Department of Energy's annual budget 
                        request, the Secretary shall report to Congress 
                        on--
                                    ``(I) the funds requested by States 
                                and federally recognized Indian tribes 
                                to implement this subsection;
                                    ``(II) the amount requested by the 
                                President for implementation; and
                                    ``(III) the rationale for any 
                                discrepancies between the amounts 
                                requested by States and federally 
                                recognized Indian tribes and the 
                                amounts requested by the President.
                            ``(ii) Allocation.--Of funds available for 
                        grants under this subparagraph for any fiscal 
                        year--
                                    ``(I) 25 percent shall be allocated 
                                by the Secretary to ensure minimum 
                                funding and program capability levels 
                                in all States and Indian tribes based 
                                on plans developed under subparagraph 
                                (B); and
                                    ``(II) 75 percent shall be 
                                allocated to States and Indian tribes 
                                in proportion to the number of shipment 
                                miles that are projected to be made in 
                                total shipments under this Act through 
                                each jurisdiction.
            ``(4) Availability of funds for shipments.--Funds under 
        paragraph (1) shall be provided for shipments to an interim 
        storage facility or repository, regardless of whether the 
        interim storage facility or repository is operated by a private 
        entity or by the Department of Energy.
            ``(5) 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) Public Education.--The Secretary shall conduct a program to 
educate the public regarding the transportation of spent nuclear fuel 
and high-level radioactive waste, with an emphasis on those States, 
units of local government, and Indian tribes through whose jurisdiction 
the Secretary plans to transport substantial amounts of spent nuclear 
fuel or high-level radioactive waste.
    ``(e) Use of Private Carriers.--The Secretary, in providing for the 
transportation of spent nuclear fuel and high-level radioactive waste 
under this Act, shall contract with private industry to the fullest 
extent possible in each aspect of such transportation. The Secretary 
shall use direct Federal services for such transportation only upon a 
determination by the Secretary of Transportation, in consultation with 
the Secretary, that private industry is unable or unwilling to provide 
such transportation services at a reasonable cost.
    ``(f) Compliance With Transportation Regulations.--Any person that 
transports spent nuclear fuel or high-level radioactive waste under the 
Nuclear Waste Policy Act of 1999, pursuant to a contract with the 
Secretary, shall comply with all requirements governing such 
transportation issued by the Federal, State and local governments, and 
Indian tribes, in the same way and to the same extent that any person 
engaging in that transportation that is in or affects interstate 
commerce must comply with such requirements, as required by section 
5126 of title 49, United States Code.
    ``(g) 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).
    ``(h) Training Standard.--
            ``(1) No later than 12 months after the date of enactment 
        of the Nuclear Waste Policy Act of 1999, the Secretary of 
        Transportation, pursuant to authority under other provisions of 
        law, in consultation with the Secretary of Labor and the 
        Commission, shall promulgate a regulation establishing training 
        standards applicable to workers directly involved in the 
        removal and transportation of spent nuclear fuel and high-level 
        radioactive waste. The regulation shall specify minimum 
        training standards applicable to workers, including managerial 
        personnel. The regulation shall require that the employer 
        possess evidence of satisfaction of the applicable training 
        standard before any individual may be employed in the removal 
        and transportation of spent nuclear fuel and high-level 
        radioactive waste.
            ``(2) Secretary of transportation.--If the Secretary of 
        Transportation determines, in promulgating the regulation 
        required by paragraph (1), that existing Federal regulations 
        establish adequate training standards for workers, then the 
        Secretary of Transportation can refrain from promulgating 
        additional regulations with respect to worker training in such 
        activities. The Secretary of Transportation and the 
Commission shall use their Memorandum of Understanding to ensure 
coordination of worker training standards and to avoid duplicative 
regulation.
            ``(3) Training standards content.--If training standards 
        are required to be promulgated under paragraph (1), such 
        standards shall, among other things deemed necessary and 
        appropriate by the Secretary of Transportation, provide for--
                    ``(A) a specified minimum number of hours of 
                initial off site instruction and actual field 
                experience under the direct supervision of a trained, 
                experienced supervisor;
                    ``(B) a requirement that onsite managerial 
                personnel receive the same training as workers, and a 
                minimum number of additional hours of specialized 
                training pertinent to their managerial 
                responsibilities; and
                    ``(C) a training program applicable to persons 
                responsible for responding to and cleaning up emergency 
                situations occurring during the removal and 
                transportation of spent nuclear fuel and high-level 
                radioactive waste.
        The Secretary of Transportation may specify an appropriate 
        combination of knowledge, skills, and prior training to fulfill 
        the minimum number of hours requirements of subparagraphs (A) 
        and (B).
            ``(4) Emergency responder training standards.--The training 
        standards for persons responsible for responding to emergency 
        situations occurring during the removal and transportation of 
        spent nuclear and high-level radioactive waste shall, in 
        accordance with existing regulations, ensure their ability to 
        protect nearby persons, property, or the environment from the 
        effects of accidents involving spent nuclear fuel and high-
        level radioactive waste.
            ``(5) Authorization.--There is authorized to be 
        appropriated to the Secretary of Transportation, from general 
        revenues, such sums as may be necessary to perform his duties 
        under this subsection.

``SEC. 204. INTERIM STORAGE.

    ``(a) Authorization.--The Secretary shall design, construct, and 
operate a facility for the interim storage of spent nuclear fuel and 
high-level radioactive waste at the interim storage facility site. The 
interim storage facility shall be subject to licensing pursuant to the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) in accordance with 
the Commission's regulations governing the licensing of independent 
spent fuel storage installations and shall commence operation by June 
30, 2003. The Commission's regulations shall be amended by the 
Commission as necessary to implement the provisions of this Act. The 
Commission may amend part 72 of title 10, Code of Federal Regulations 
with regard to facilities not covered by this Act as deemed appropriate 
by the Commission.
    ``(b) Design.--The design for the interim storage facility shall 
provide for the use of storage technologies which are licensed, 
approved, or certified by the Commission, to ensure compatibility 
between the interim storage facility and contract holders' spent 
nuclear fuel and facilities, and to facilitate the Secretary's ability 
to meet the Secretary's obligations under this Act.
    ``(c) License Application.--No later than 12 months after the date 
of enactment of this Act, the Secretary shall submit a license 
application and an environmental report in accordance with applicable 
regulations (subpart B of part 72 of title 10, Code of Federal 
Regulations, and subpart A of part 51 of title 10, Code of Federal 
Regulations, respectively). The license application--
            ``(1) shall be for a term of 40 years, and shall be 
        renewable for additional terms upon application of the 
        Secretary; and
            ``(2) shall be for a quantity of spent nuclear fuel or 
        high-level radioactive waste equal to the quantity that would 
        be accepted under section 508 prior to the date that the 
        Secretary estimates, in the license application, to be the date 
        on which the Secretary will receive and store spent nuclear 
        fuel and high-level radioactive waste at the permanent 
        repository: Provided, That the quantity shall not exceed 30,000 
        MTU.
    ``(d) Additional Authority.--
            ``(1) Construction.--For the purpose of complying with 
        subsection (a), the Secretary may commence site data 
        acquisition activities and design activities necessary to 
        complete license application under subsection (c) of this 
        section. The Secretary shall not commence construction of an 
        interim storage facility (which shall mean taking actions 
        within the meaning of the term `commencement of construction' 
        contained in the Commission's regulations in section 72.3 of 
        title 10, Code of Federal Regulations) before the Commission, 
        or an appropriate officer or Board of the Commission, makes the 
        finding under section 72.40(b) of title 10, Code of Federal 
        Regulations.
            ``(2) Facility use.--Notwithstanding any other applicable 
        licensing requirement, the Secretary may utilize facilities 
        owned by the Federal Government on the date of enactment of the 
        Nuclear Waste Policy Act of 1999 and located within the 
        boundaries of the interim storage site, in connection with 
        addressing any imminent and substantial endangerment to public 
        health and safety at the interim storage facility site, prior 
        to receiving a license from the Commission for the interim 
        storage facility, for purposes of fulfilling requirements for 
        retrievability during the first five years of operation of the 
        interim storage facility.
    ``(e) License Amendments.--
            ``(1) The Secretary may seek such amendments to the license 
        for the interim storage facility as the Secretary may deem 
        appropriate, including, but not limited to, amendments to use 
        new storage technologies licensed by the Commission or to 
        respond to changes in Commission regulations.
            ``(2) After the Commission issues a license to dispose of 
        spent nuclear fuel and high-level radioactive waste in the 
        permanent repository, the Secretary may seek such amendments to 
        the license for the interim storage facility as are necessary 
        to ensure the efficient operation of the integrated management 
        system.
    ``(f) Environmental Impact Statement.--
            ``(1) Final decision.--A final decision of the Commission 
        to grant or deny a license application for 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)) the 
        Commission's regulations, and section 207 of this Act. In 
        preparing such Environmental Impact Statement, the Commission--
                    ``(A) shall assume that no more than 30,000 MTU 
                will be stored at the facility; and
                    ``(B) 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.
    ``(g) Waste Confidence.--The Secretary's obligation to construct 
and operate the interim storage facility in accordance with this 
section and the Secretary's obligation to develop an integrated 
management system in accordance with the provisions of this Act, shall 
provide sufficient and independent grounds for any further findings by 
the Commission of reasonable assurance that spent nuclear fuel and 
high-level radioactive waste will be disposed of safely and on a timely 
basis for purposes of the Commission's decision to grant or amend any 
license to operate any civilian nuclear power reactor under the Atomic 
Energy Act of 1954 (42 U.S.C. 2011 et seq.).
    ``(h) Savings Clause.--Nothing in this Act shall affect the 
Commission's procedures for the licensing of any technology for the dry 
storage of spent nuclear fuel at the site of any civilian nuclear power 
reactor as adopted by the Commission under section 218 of the Nuclear 
Waste Policy Act of 1982, as in effect prior to the date of the 
enactment of this Act. The establishment of such procedures shall not 
preclude the licensing, under any applicable procedures or rules of the 
Commission in effect prior to such establishment, of any technology for 
the storage of civilian spent nuclear fuel at the site of any civilian 
nuclear power reactor.
    ``(i) Final Decision.--The Commission shall issue a final decision 
granting or denying a license for an interim storage facility not later 
than 32 months after the date of submittal of the application for such 
license.
    ``(j) Amendments to Regulation.--No later than 32 months following 
the date of enactment of the Nuclear Waste Policy Act of 1999, the 
Commission shall make any amendments necessary to the definition of 
`spent nuclear fuel' in section 72.3 of title 10, Code of Federal 
Regulations, to allow an interim storage facility to accept (subject to 
such conditions as the Commission may require in a subsequent 
license)--
            ``(1) spent nuclear fuel and associated nuclear materials 
        from research reactors;
            ``(2) spent nuclear fuel from naval reactors; and
            ``(3) spent nuclear fuel and associated nuclear materials 
        and high-level radioactive waste from atomic energy defense 
        activities. Following any such amendments, the Secretary shall 
        seek authority, as necessary, to store such fuel and waste at 
        the interim storage facility.
None of the activities carried out pursuant to this paragraph shall 
delay, or otherwise affect, the development, licensing, construction, 
or operation of the interim storage facility.

``SEC. 205. PERMANENT DISPOSAL.

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

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

    ``(a) Preliminary Activities.--Each activity of the Secretary or 
the President under sections 201, 202, 203, 204(b), 204(c), 204(d), and 
205(a) shall be considered a preliminary decision making activity. No 
such activity shall be considered final agency action for purposes of 
judicial review. No activity of the Secretary or the President under 
sections 203, 204, or 205 shall require the preparation of an 
environmental impact statement under section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) or any 
environmental review under subparagraph (E) or (F) of section 102(2) of 
such Act (42 U.S.C. 4332(2)(E) or (F)).
    ``(b) Standards and Criteria.--The promulgation of standards or 
criteria in accordance with the provisions of this title, or under 
section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note), 
shall not require the preparation of an environmental impact statement 
under section 102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(2)) or any environmental review under 
subparagraph (E) or (F) of section 102(2) of such Act (42 U.S.C. 
4332(2)(E) or (F)).
    ``(c) Requirements Relating to Environmental Impact Statements.--
            ``(1) With respect to the requirements imposed by the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.)--
                    ``(A) in any final environmental impact statement 
                under section 204 or 205, the Secretary or the 
                Commission, as applicable, shall not be required to 
                consider the need for a repository or an interim 
                storage facility; the time of initial availability of a 
                repository or interim storage facility; the 
                alternatives to geological disposal or centralized 
                interim storage; or alternative sites to the Yucca 
                Mountain site or the interim storage facility site 
                designated under section 204(a); and
                    ``(B) compliance with the procedures and 
                requirements of this title shall be deemed adequate 
                consideration of the need for centralized interim 
                storage or a repository; the time of initial 
                availability of centralized interim storage or the 
                repository or centralized interim storage; and all 
                alternatives to centralized interim storage and 
                permanent isolation of high-level radioactive waste and 
                spent nuclear fuel in an interim storage facility or a 
                repository, respectively.
            ``(2) The final environmental impact statement for the 
        repository prepared by the Secretary and submitted with the 
        license application for a repository under section 206(c) 
        shall, to the extent practicable, be adopted by the Commission 
        in connection with the issuance by the Commission of a 
        construction authorization and license for such repository. To 
        the extent such statement is adopted by the Commission, such 
        adoption shall be deemed to satisfy the responsibilities of the 
        Commission under the National Environmental Policy Act of 1969 
        and no further consideration shall be required, except that 
        nothing in this subsection shall affect any independent 
        responsibilities of the Commission to protect the public health 
        and safety under the Atomic Energy Act of 1954 (42 U.S.C. 2011 
        et seq.).
    ``(d) Construction With Other Laws.--Nothing in this Act shall be 
construed to amend or otherwise detract from the licensing requirements 
of the Nuclear Regulatory Commission established in title II of the 
Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.).
    ``(e) Judicial Review.--Judicial review under section 503 of this 
Act of any environmental impact statement prepared or adopted by the 
Commission shall be consolidated with the judicial review of the 
licensing decision to which it relates. No court shall have 
jurisdiction to enjoin issuance of the Commission repository licensing 
regulations prior to its final decision on review of such regulations.

``SEC. 207. LAND WITHDRAWAL.

    ``(a) Withdrawal and Reservation.--
            ``(1) Withdrawal.--Subject to valid existing rights, the 
        interim storage facility site and the Yucca Mountain site, as 
        described in subsection (b), are withdrawn from all forms of 
        entry, appropriation, and disposal under the public land laws, 
        including the mineral leasing laws, the geothermal leasing 
        laws, the material sale laws, and the mining laws.
            ``(2) Jurisdiction.--Jurisdiction of any land within the 
        interim storage facility site and the Yucca Mountain site 
        managed by the Secretary of the Interior or any other Federal 
        officer is transferred to the Secretary.
            ``(3) Reservation.--The interim storage facility site and 
        the Yucca Mountain site are reserved for the use of the 
        Secretary for the construction and operation, respectively, of 
        the interim storage facility and the repository and activities 
        associated with the purposes of this title.
    ``(b) Land Description.--
            ``(1) Boundaries.--The boundaries depicted on the map 
        entitled `Interim Storage Facility Site Withdrawal Map,' dated 
July 28, 1995, and on file with the Secretary, are established as the 
boundaries of the interim storage facility site.
            ``(2) Boundaries.--The boundaries depicted on the map 
        entitled `Yucca Mountain Site Withdrawal Map,' dated July 28, 
        1995, and on file with the Secretary, are established as the 
        boundaries of the Yucca Mountain site.
            ``(3) Notice and maps.--Within 6 months of the date of 
        enactment of this Act, the Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the interim storage 
                facility site; and
                    ``(B) file copies of the maps described in 
                paragraph (1), and the legal description of the interim 
                storage facility site with the Congress, the Secretary 
                of the Interior, the Governor of Nevada, and the 
                Archivist of the United States.
            ``(4) Notice and maps.--Concurrent with the Secretary's 
        application to the Commission for authority to construct the 
        repository, the Secretary shall--
                    ``(A) publish in the Federal Register a notice 
                containing a legal description of the Yucca Mountain 
                site; and
                    ``(B) file copies of the maps described in 
                paragraph (2), and the legal description of the Yucca 
                Mountain site with the Congress, the Secretary of the 
                Interior, the Governor of Nevada, and the Archivist of 
                the United States.
            ``(5) Construction.--The maps and legal descriptions of the 
        interim storage facility site and the Yucca Mountain site 
        referred to in this subsection shall have the same force and 
        effect as if they were included in this Act. The Secretary may 
        correct clerical and typographical errors in the maps and legal 
        descriptions and make minor adjustments in the boundaries of 
        the sites.

``SEC. 208. APPLICABILITY.

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

                      ``TITLE III--LOCAL RELATIONS

``SEC. 301. ONSITE REPRESENTATIVE.

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

``SEC. 302. FINANCIAL ASSISTANCE.

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

``SEC. 303. 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. 304. 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 303(a) in accordance with the following schedule:
                    ``(A) Annual payments prior to first receipt of 
                fuel, $2.5 million;
                    ``(B) Upon first spent fuel receipt, $5 million; 
                and
                    ``(C) Annual payments after first spent fuel 
                receipt until closure of facility, $5 million.
            ``(2) Definitions.--For purposes of this section, the 
        term--
                    ``(A) `spent fuel' means high-level radioactive 
                waste or spent nuclear fuel; and
                    ``(B) `first spent fuel receipt' does not include 
                receipt of spent fuel or high-level radioactive waste 
                for purposes of testing or operational demonstration.
            ``(3) Annual payments.--Annual payments prior to first 
        spent receipt under line (A) of the benefit schedule shall be 
        made on the date of execution of the benefits agreement and 
        thereafter on the anniversary date of such execution. Annual 
        payments after the first spent fuel receipt until closure of 
        the facility under line (C) of the benefit schedule shall be 
        made on the anniversary date of such first spent fuel receipt.
            ``(4) Reduction.--If the first spent fuel payment under 
        line (B) is made within 6 months after the last annual payment 
        prior to the receipt of spent fuel under line (A) of the 
        benefit schedule, such first spent fuel payment under line (B) 
        of the benefit schedule shall be reduced by an amount equal to 
        \1/12\ of such annual payment under line (A) of the benefit 
        schedule for each full month less than 6 that has not elapsed 
        since the last annual payment under line (A) of the benefit 
        schedule.
    ``(b) Contents.--A benefits agreement under section 303 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 303 shall constitute a commitment by 
the United States to make payments in accordance with such agreement.

``SEC. 305. ACCEPTANCE OF BENEFITS.

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

``SEC. 306. RESTRICTION ON USE OF FUNDS.

    ``None of the funding provided under this title may be used--
            ``(1) directly or indirectly to influence legislative 
        action on any manner 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. 307. INITIAL LAND CONVEYANCES.

    ``(a) Conveyances of Public Lands.--One hundred and twenty days 
after October 1, 2000, all right, title and interest of the United 
States in the property described in subsection (b), and improvements 
thereon, together with all necessary easements for utilities and 
ingress and egress to such property, including, but not limited to, the 
right to improve those easements, are conveyed by operation of law to 
the County of Nye, County of Lincoln, or the City of Caliente, Nevada, 
unless the county notifies the Secretary of the Interior or the head of 
such other appropriate agency in writing within 60 days of such date 
that it elects not to take title to all or any part of the property, 
except that any lands conveyed to the County of Nye under this 
subsection that are subject to a Federal grazing permit or lease or a 
similar federally granted permit or lease shall be conveyed between 60 
and 120 days of the earliest time the Federal agency administering or 
granting the permit or lease would be able to legally terminate such 
right under the statutes and regulations existing at the date of 
enactment of this Act, unless Nye County and the affected holder of the 
permit or lease negotiate an agreement that allows for an earlier 
conveyance.
    ``(b) Special Conveyances.--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; and
                    ``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; and
                    ``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; and
                    ``Map 2: City of Caliente, parcel M, Industrial 
                Park Site, jointly with Lincoln County.
            ``(4) To the City of Caliente, Nevada, the following public 
        lands depicted on the maps dated March 15, 1999, and on file 
        with the Secretary:
                    ``Map 1: City of Caliente, Industrial Park Site 
                Expansion.
    ``(c) Construction.--The maps and legal descriptions of special 
conveyances referred to in subsection (b) shall have the same force and 
effect as if they were included in this Act. The Secretary may correct 
clerical and typographical errors in the maps and legal descriptions 
and make minor adjustments in the boundaries of the sites.
    ``(d) Evidence of Title Transfer.--Upon the request of the County 
of Lincoln, Nevada, the Secretary of the Interior shall provide 
evidence of title transfer.

``SEC. 308. PAYMENTS EQUAL TO TAXES.

    ``(a) Taxable Amounts.--In addition to financial assistance 
provided under this title, the Secretary is authorized to grant to any 
affected Indian tribe or affected unit of local government an amount 
each fiscal year equal to the amount such affected Indian tribe or 
affected unit of local government, respectively, would receive if 
authorized to tax integrated management system activities, as such 
affected Indian tribe or affected unit of local government taxes the 
non-Federal real property and industrial activities occurring within 
such affected unit of local government.
    ``(b) Assistance to Indian Tribes and Units of Local Government.--
            ``(1) Period.--Any affected Indian tribe or affected unit 
        of local government may not receive any grant under subsection 
        (a) after the expiration of the 1-year period following the 
        date on which the Secretary notifies the affected Indian tribe 
        or affected unit of local government of the termination of the 
        operation of the integrated management system.
            ``(2) Activities.--Any affected Indian tribe or affected 
        unit of local government may not receive any further assistance 
        under this section if the integrated management system 
        activities at such site are terminated by the Secretary or if 
        such activities are permanently enjoined by any court.

                  ``TITLE IV--FUNDING AND ORGANIZATION

``SEC. 401. PROGRAM FUNDING.

    ``(a) Contracts.--
            ``(1) Authority of the secretary.--In the performance of 
        the Secretary's functions under this Act, the Secretary is 
        authorized to enter into contracts with any person who 
        generates or holds title to spent nuclear fuel or high-level 
        radioactive waste of domestic origin for the acceptance of 
        title and possession, transportation, interim storage, and 
        disposal of such waste or spent fuel. Such contracts shall 
        provide for payment of fees to the Secretary in the amounts set 
        under paragraphs (2), (3), and (4). Subsequent to the enactment 
        of the Nuclear Waste Policy Act of 1999, the contracts executed 
        under section 302(a) of the Nuclear Waste Policy Act of 1982 
        shall continue in effect under this Act: Provided, That the 
        Secretary shall consent to an amendment to such contracts as 
        necessary to implement the provisions of this Act.
            ``(2) Nuclear waste offsetting collection.--
                    ``(A) For electricity generated by civilian nuclear 
                power reactors and sold, the Secretary shall collect an 
                aggregate amount of fees under this paragraph equal to 
                the annual level of appropriations for expenditures on 
                those activities, consistent with subsection (d), for 
                each fiscal year beginning October 1, 2000, minus--
                            ``(i) the appropriation provided pursuant 
                        to section 403; and
                            ``(ii) the amount of the appropriation from 
                        the Nuclear Waste Fund, as authorized pursuant 
                        to paragraph (3)(B).
                    ``(B) The Secretary shall determine the level of 
                the annual fee for each civilian nuclear power reactor 
                based on the amount of electricity generated and sold, 
                except that for the period commencing with fiscal year 
                2001 and continuing through the fiscal year in which 
                disposal at the repository commences--
                            ``(I) the total average annual amount of 
                        offsetting collection fees combined with the 
                        nuclear waste mandatory fee collected pursuant 
                        to paragraph (3), shall not exceed 1.0 mill 
                        per-kilowatt hour generated and sold; and
                            ``(II) the total amount of offsetting 
                        collection fees combined with the nuclear waste 
                        mandatory fee collected pursuant to paragraph 
                        (3) in any fiscal year in such period shall not 
                        exceed 1.5 mill per kilowatt hour generated and 
                        sold:
                Provided, That the cap on fees established under this 
                subparagraph shall not otherwise result in a reduction 
                to the level of the nuclear waste mandatory 
fee established pursuant to paragraph (3). Fees assessed pursuant to 
this subparagraph shall be paid to the Treasury of the United States 
and shall be available for use by the Secretary pursuant to this 
section until expended.
            ``(3) Nuclear waste mandatory fee.--
                    ``(A) Except as provided in paragraph (5)(B) of 
                this paragraph, for electricity generated by civilian 
                nuclear power reactors and sold on or after January 7, 
                1983, the fee paid to the Secretary under this 
                paragraph shall be equal to--
                            ``(i) 1.0 mill per kilowatt-hour generated 
                        and sold for the fiscal year beginning October 
                        1, 1999;
                            ``(ii) 0.54 mill per kilowatt-hour 
                        generated and sold for each fiscal year 
                        beginning October 1, 2000 and ending on 
                        September 30, 2004;
                            ``(iii) 0.41 mill per kilowatt-hour 
                        generated and sold for each fiscal year 
                        beginning October 1, 2004 and ending September 
                        30, 2009; and,
                            ``(iv) zero mill per kilowatt-hour 
                        generated and sold for each fiscal year after 
                        September 30, 2009, unless the Secretary makes 
                        a determination pursuant to paragraph (5)(C), 
                        which is adopted pursuant to paragraph (7).
                    ``(B) There is authorized to be appropriated from 
                the Nuclear Waste Fund, for each fiscal year beginning 
                October 1, 1999, amounts equal to the amounts 
                determined in subparagraph (A), as well as such sums as 
                may be necessary from the balances in the Nuclear Waste 
                Fund.
            ``(4) Cap on paragraph (2) and (3) fees.--The total annual 
        amount of offsetting collection fees collected pursuant to 
        paragraph (2) and the nuclear waste mandatory fee collected 
        pursuant to paragraph (3) shall not exceed 1.0 mill per-
        kilowatt hour generated and sold.
            ``(5) Adjustments to the cap on fees.--
                    ``(A) No later than 30 days after the beginning of 
                each fiscal year, the Secretary shall determine whether 
                insufficient or excess revenues are being collected 
                under this subsection, in order to recover the costs 
                incurred by the Federal Government under subsection 
                (d). In making this determination, the Secretary 
                shall--
                            ``(i) rely on the `Analysis of the Total 
                        System Life Cycle Cost of the Civilian 
                        Radioactive Waste Management Program', dated 
                        December 1998, or on a total system life-cycle 
                        costs analysis published by the Secretary 
                        (after notice and opportunity for public 
                        comment) after the date of enactment of the 
                        Nuclear Waste Policy Act of 1999, in making any 
                        estimate of the costs to be incurred by the 
                        Government under subsection (c)(2);
                            ``(ii) rely on projections from the Energy 
                        Information Administration, consistent with the 
                        projections contained in the reference case in 
                        the most recent `Annual Energy Outlook' 
                        published by such Administration, in making any 
                        estimate of future power generation; and
                            ``(iii) take into account projected 
                        balances in, and expenditures from the Nuclear 
                        Waste Fund.
                    ``(B) If the Secretary determines under 
                subparagraph (A) that either insufficient or excess 
                revenues are being collected, the Secretary shall, at 
                the time of the determination, transmit to Congress a 
                proposal to adjust the cap amount specified in 
                subsection (a)(2)(B) to ensure full cost recovery. The 
                amount in subsection (a)(2)(B) shall be adjusted, by 
                operation of law, immediately upon enactment of a joint 
                resolution of approval under paragraph (7) of this 
                subsection.
                    ``(C) For any fiscal year after September 30, 2009, 
                the Secretary shall propose a nuclear waste mandatory 
                fee only if the Secretary determines that the 
                offsetting collection fee under subsection (a)(2) is 
                insufficient to recover the costs incurred by the 
                Government under subsection (d), minus the percentage 
                required to be funded by the Federal Government 
                pursuant to section 403.
                    ``(D) The Secretary shall, by rule, establish 
                procedures necessary to implement this paragraph.
            ``(6) One-time fee.--
                    ``(A) For spent nuclear fuel or solidified high-
                level radioactive waste derived from spent nuclear 
                fuel, which fuel was used to generate electricity in a 
                civilian nuclear power reactor prior to January 7, 
                1983, the fee shall be in an amount equivalent to an 
                average charge of 1.0 mill per kilowatt-hour for 
                electricity generated by such spent nuclear fuel, or 
                such solidified high-level waste derived therefrom. 
                Payment of such one-time fee prior to the date of 
                enactment of the Nuclear Waste Policy Act of 1999 shall 
                satisfy the obligation imposed under this paragraph.
                    ``(B) Any one-time fee paid and collected 
                subsequent to the date of enactment of the Nuclear 
                Waste Policy Act of 1999 pursuant to the contracts, 
                including any interest due pursuant to the contracts, 
                shall be paid to the Nuclear Waste Fund--
                            ``(i) for civilian nuclear power reactors 
                        owned by investor-owned and cooperatively-owned 
                        utilities, an amount not less than one half the 
                        one-time fee shall be paid no later than 
                        September 30, 2004, and the remaining balance 
                        shall be paid no later than September 30, 2009;
                            ``(ii) for civilian nuclear power reactors 
                        owned by publicly-owned utilities, the one time 
                        fee shall be paid in four increments of one-
                        fourth each, in the fiscal years ending on 
                        September 30, 2003, 2004, 2008 and 2009; and
                            ``(iii) any unpaid amounts of the one-time 
                        fee shall continue to accrue interest until the 
                        time of payment, pursuant to the terms and 
                        conditions established in contracts.
                    ``(C) The Commission shall suspend the license of 
                any licensee who fails or refuses to pay the full 
                amount of the fees assessed under this subsection, on 
                or before the date on which fees are due, and the 
                license shall remain suspended until the full amount of 
                the fees assessed under this subsection is paid.
                    ``(D) The person paying the fee under this 
                paragraph to the Secretary shall have no further 
                financial obligation to the Federal Government for the 
                long-term storage and permanent disposal of spent fuel 
                or high-level radioactive waste derived from spent 
                nuclear fuel used to generate electricity in a civilian 
                power reactor prior to January 7, 1983.
            ``(7) Expedited procedures for approval of changes to the 
        cap on nuclear waste fees.--
                    ``(A) At any time after the Secretary transmits a 
                proposal for a fee adjustment under paragraph (5)(B) of 
                this subsection, a joint resolution may be introduced 
                in either House of Congress, the matter after the 
                resolving clause of which is as follows: `That Congress 
                approves the adjustment to the basis for the nuclear 
                waste mandatory fee, submitted by the Secretary on 
                ____________'. (The blank space being appropriately 
                filled in with a date.)
                    ``(B) A joint resolution described in subparagraph 
                (A) shall be referred to the committees in each House 
                of Congress with jurisdiction.
                    ``(C) In the Senate, if the committee to which is 
                referred a joint resolution described in subparagraph 
                (A) has not reported such joint resolution (or an 
                identical joint resolution) at the end of 20 calendar 
                days after the date on which it is introduced, such 
                committee may be discharged from further consideration 
                of such joint resolution upon a petition supported in 
                writing by 30 Members of the Senate, and such joint 
                resolution shall be placed on the calendar.
                    ``(D) In the Senate, the procedure under section 
                802(d) of title 5, United States Code, shall apply to a 
                joint resolution described under subparagraph (A).
            ``(8) Points of order.--Notwithstanding any other provision 
        of this Act, no points of order, which require 60 votes in 
        order to adopt a motion to waive such point of order, shall be 
        considered to be waived during the consideration of a joint 
        resolution under section 401 of this Act.
    ``(b) Advance Contracting Requirement.--
            ``(1) In general.--
                    ``(A) License issuance and renewal.--The Commission 
                shall not issue or renew a license to any person to use 
                a utilization or production facility under the 
                authority of section 103 or 104 of the Atomic Energy 
                Act of 1954 (42 U.S.C. 2133, 2134) unless--
                            ``(i) such person has entered into a 
                        contract under subsection (a) with the 
                        Secretary; or
                            ``(ii) the Secretary affirms in writing 
                        that such person is actively and in good faith 
                        negotiating with the Secretary for a contract 
                        under subsection (a).
                    ``(B) Precondition.--The Commission, as it deems 
                necessary or appropriate, may require as a precondition 
                to the issuance or renewal of a license under section 
                103 or 104 of the Atomic Energy Act of 1954 (42 U.S.C. 
                2133, 2134) that the applicant for such license shall 
                have entered into an agreement with the Secretary for 
                the disposal of spent nuclear fuel and high-level 
                radioactive waste that may result from the use of such 
                license.
            ``(2) Disposal in repository.--No spent nuclear fuel or 
        high-level radioactive waste generated or owned by any person 
        (other than a department of the United States referred to in 
        section 101 or 102 of title 5, United States Code) may be 
        disposed of by the Secretary in the repository unless the 
        generator or owner of such spent fuel or waste has entered into 
        a contract under subsection (a) with the Secretary by not later 
        than June 30, 1983, or the date on which such generator or 
        owner commences generation of, or takes title to, such spent 
        fuel or waste.
            ``(3) Assignment.--The rights and duties of contract 
        holders are assignable.
            ``(4) Disposal condition.--No spent nuclear fuel or high-
        level radioactive waste from research or atomic energy defense 
        activities may be stored or disposed of by the Secretary at the 
        interim storage facility or repository unless, in each fiscal 
        year, the Secretary funds the appropriate portion of the costs 
        of such storage and disposal as specified in subsection (a), as 
        well as an amount that will ensure that the unpaid balance of 
        the Federal contribution from prior years is fully paid no 
        later than the date of initial acceptance of spent nuclear fuel 
        and high-level radioactive waste at the repository.
    ``(c) Nuclear Waste Fund.--
            ``(1) In general.--The Nuclear Waste Fund established in 
        the Treasury of the United States under section 302(c) of the 
        Nuclear Waste Policy Act of 1982 shall continue in effect under 
        this Act and shall consist of--
                    ``(A) the existing balance in the Nuclear Waste 
                Fund on the date of enactment of this Act; and
                    ``(B) all receipts, proceeds, and recoveries 
                realized under subsections (a)(3), (a)(6), and (c)(2) 
                subsequent to the date of enactment of the Nuclear 
                Waste Policy Act of 1999, which shall be deposited in 
                the Nuclear Waste Fund immediately upon their 
                realization.
            ``(2) Administration of nuclear waste fund.--
                    ``(A) In General.--The Secretary of the Treasury 
                shall hold the Nuclear Waste Fund and, after 
                consultation with the Secretary, annually report to the 
                Congress on the financial condition and operations of 
                the Nuclear Waste Fund during the proceeding fiscal 
                year.
                    ``(B) Amounts in excess of current needs.--If the 
                Secretary determines that the Nuclear Waste Fund 
                contains at any time amounts in excess of current 
                needs, the Secretary may request the Secretary of the 
                Treasury to invest such amounts, or any portion of such 
                amounts as the Secretary determines to be appropriate, 
                in obligations of the United States--
                            ``(i) having maturities determined by the 
                        Secretary of the Treasury to be appropriate to 
                        the needs of the Nuclear Waste Fund;
                            ``(ii) bearing interest at rates determined 
                        to be appropriate by the Secretary of the 
                        Treasury, taking into consideration the current 
                        average market yield on outstanding marketable 
                        obligations of the United States with remaining 
                        periods to maturity comparable to the 
                        maturities of such investments, except that the 
                        interest rates on such investments shall not 
                        exceed the average interest rate applicable to 
                        existing borrowings, and
                            ``(iii) interest earned on these 
                        obligations shall be credited to the Nuclear 
                        Waste Fund.
                    ``(C) Exemption.--Receipts, proceeds, and 
                recoveries realized by the Secretary under this 
                section, and expenditures of amounts from the Nuclear 
                Waste Fund, shall be exempt from annual apportionment 
                under the provisions of subchapter 11 of chapter 15 of 
                title 31, United States Code.
    ``(d) Use of Appropriated Funds.--During each fiscal year, the 
Secretary may make expenditures of funds collected after the date of 
enactment of this Act under this section and section 403, up to the 
level of appropriations for that fiscal year pursuant to subsection (f) 
and (g) only for purposes of the integrated management system.
    ``(e) Prohibition on Use of Appropriations and Nuclear Waste 
Fund.--The Secretary shall not make expenditures of funds collected 
pursuant to this section or section 403 to design or construct packages 
for the transportation, storage, or disposal of spent nuclear fuel from 
civilian nuclear power reactors. Nothing in this subsection shall be 
construed to prohibit the Secretary from using funds collected pursuant 
to this section or section 403 to procure from private suppliers any 
package that has been certified by the Commission for the 
transportation, storage or disposal of spent nuclear fuel, or to 
reimburse the holder of a contract, under subsection (a) for the 
reasonable costs of a certified package procured or developed by the 
contract holder for use by the contract holder at his site.
    ``(f) Budget.--The Secretary shall submit the budget for 
implementation of the Secretary's responsibilities under this Act to 
the Office of Management and Budget annually along with the budget of 
the Department of Energy submitted at such time in accordance with 
chapter 11 of title 31, United States Code. The budget shall consist of 
the estimates made by the Secretary of expenditures under this Act and 
other relevant financial matters for the period up to the date of 
initial acceptance of spent nuclear fuel or high-level radioactive 
waste at the permanent repository, and shall be included in the budget 
of the United States Government.
    ``(g) Appropriations.--The Secretary may make expenditures from the 
Nuclear Waste Fund and the Nuclear Waste Offsetting Collection, subject 
to appropriations, which shall remain available until expended.

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

    ``(a) Establishments.--There hereby is established within the 
Department of Energy an Office of Civilian Radioactive Waste 
Management. The Office shall be headed by a Director, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate, and who shall be compensated at the rate payable for level IV 
of the Executive Schedule under section 5315 of title 5, United States 
Code.
    ``(b) Functions of Director.--The Director of the Office shall be 
responsible for carrying out the functions of the Secretary under this 
Act, subject to the general supervision of the Secretary. The Director 
of the Office shall be directly responsible to the Secretary.
    ``(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) Time.--No audit contemplated by this subsection shall 
        take longer than 30 days to conduct. An audit report shall be 
        issued in final form no longer than 60 days after the audit is 
        commenced.
            ``(4) Public documents.--All audit reports shall be public 
        documents and available to any individual upon request.

``SEC. 403. FEDERAL CONTRIBUTION.

    ``(a) Allocation.--No later than one year from the date of 
enactment of the Nuclear Waste Policy Act of 1999, 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 research and 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 research and 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 the 
        development of an 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 spent nuclear fuel and high-level 
radioactive waste from research and atomic energy defense activities 
and spent nuclear fuel from foreign research reactors, as established 
under subsection (a), including amounts necessary to pay the unfunded 
costs from prior years, with interest.
    ``(c) Report.--In conjunction with the annual report submitted to 
Congress under section 702, the Secretary shall advise the Congress 
annually of the amount of spent nuclear fuel and high-level radioactive 
waste from research and 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 research 
and atomic energy defense activities and spent nuclear fuel from 
foreign research reactors, as established under subsection (a), 
including amounts necessary to pay the unfunded costs from prior years, 
with interest.

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``SEC. 501. COMPLIANCE WITH OTHER LAWS.

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

``SEC. 502. WATER RIGHTS.

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

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

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

``SEC. 504. LICENSING OF FACILITY EXPANSIONS AND TRANSSHIPMENTS.

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

``SEC. 505. SITING A SECOND REPOSITORY.

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

``SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE WASTE SITE 
              CLOSURE.

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

``SEC. 507. NUCLEAR REGULATORY COMMISSION TRAINING AUTHORIZATION.

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

``SEC. 508. ACCEPTANCE SCHEDULE.

    ``The emplacement schedule shall be implemented in accordance with 
the following:
            ``(1) Priority ranking.--Acceptance priority ranking shall 
        be determined by the Department's `Acceptance Priority Ranking' 
        report.
            ``(2) Acceptance rate.--Except as provided in paragraph 
        (5), the Secretary's acceptance rate for spent nuclear fuel 
        shall be no less than the following: 1,200 MTU in 2003 and 
        1,200 MTU in 2004, 2,000 MTU in 2005 and 2,000 MTU in 2006, 
        2,700 MTU in 2007, and 3,000 MTU annually thereafter.
            ``(3) Other acceptances.--Subject to the conditions 
        contained in the license for the interim storage facility, of 
        the amounts provided for in paragraph (2) for each year, not 
        less than one-sixth shall be--
                    ``(A) spent nuclear fuel or civilian high-level 
                radioactive waste of domestic origin from civilian 
                nuclear power reactors that have permanently ceased 
                operation on or before the date of enactment of the 
                Nuclear Waste Policy Act of 1999;
                    ``(B) spent nuclear fuel from foreign research 
                reactors, as necessary to promote nonproliferation 
                activities; and
                    ``(C) spent nuclear fuel and high-level radioactive 
                waste from research and atomic energy defense 
                activities, including spent nuclear fuel from naval 
                reactors:
        Provided, however, That the Secretary shall accept not less 
        than ten percent of the total quantity of fuel and high-level 
        radioactive waste accepted in any year from the categories of 
        radioactive materials described in subparagraphs (B) and (C) in 
        paragraph (3). If sufficient amounts of radioactive materials 
        are not available to utilize this allocation, the Secretary 
        shall allocate this acceptance capacity to other contract 
        holders.
            ``(4) Adjustment.--If the Secretary is unable to begin 
        acceptance by June 30, 2003 at the rate specified in paragraph 
        (2) or if the cumulative amount accepted in any year thereafter 
        is less than that which would have been accepted under the rate 
        specified in paragraph (2), the acceptance schedule shall, to 
        the extent practicable, be adjusted upward such that within 5 
        years of the start of acceptance by the Secretary--
                    ``(A) the total quantity accepted by the Secretary 
                is consistent with the total quantity that the 
                Secretary would have accepted if the Secretary had 
                begun acceptance in 2003; and
                    ``(B) thereafter the acceptance rate is equivalent 
                to the rate that would be in place pursuant to 
                paragraph (2) if the Secretary had commenced acceptance 
                in 2003.
            ``(5) Effect on schedule.--The contractual acceptance 
        schedule shall not be modified in any way as a result of the 
        Secretary's acceptance of any material other than contract 
        holders' spent nuclear fuel and high-level radioactive waste.

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

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

``SEC. 510. TRANSFER OF TITLE.

    ``(a) Acceptance by the Secretary of any spent nuclear fuel or 
high-level radioactive waste shall constitute a transfer of title to 
the Secretary.
    ``(b) No later than 6 months following the date of enactment of the 
Nuclear Waste Policy Act of 1999, the Secretary is authorized to accept 
all spent nuclear fuel withdrawn from Dairyland Power Cooperative's La 
Crosse Reactor and, upon acceptance, shall provide Dairyland Power 
Cooperative with evidence of the title transfer. Immediately upon the 
Secretary's acceptance of such spent nuclear fuel, the Secretary shall 
assume all responsibility and liability for the interim storage and 
permanent disposal thereof and is authorized to compensate Dairyland 
Power Cooperative for any costs related to operating facilities 
necessary for such storage from the date of acceptance until the 
Secretary removes the spent nuclear fuel from the La Crosse Reactor 
site.

``SEC. 511. SEPARABILITY.

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

``SEC. 512. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

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

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``SEC. 601. DEFINITIONS.

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

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

    ``(a) Continuation of Nuclear Waste Technical Review Board.--The 
Nuclear Waste Technical Review Board, established under section 502(a) 
of the Nuclear Waste Policy Act of 1982 as constituted prior to the 
date of enactment of this Act, shall continue in effect subsequent to 
the date of enactment of this Act.
    ``(b) Members.--
            ``(1) Number.--The Board shall consist of 11 members who 
        shall be appointed by the President not later than 90 days 
        after December 22, 1987, from among persons nominated by the 
        National Academy of Sciences in accordance with paragraph (3).
            ``(2) Chair.--The President shall designate a member of the 
        Board to serve as Chairman.
            ``(3) National academy of sciences.--
                    ``(A) Nominations.--The National Academy of 
                Sciences shall, not later than 90 days after December 
                22, 1987, nominate not less than 22 persons for 
                appointment to the Board from among persons who meet 
                the qualifications described in subparagraph (C).
                    ``(B) Vacancies.--The National Academy of Sciences 
                shall nominate not less than 2 persons to fill any 
                vacancy on the Board from among persons who meet the 
                qualifications described in subparagraph (C).
                    ``(C) Nominees.--
                            ``(i) Each person nominated for appointment 
                        to the Board shall be--
                                    ``(I) eminent in a field of science 
                                or engineering, including environmental 
                                sciences; and
                                    ``(II) selected solely on the basis 
                                of established records of distinguished 
                                service.
                            ``(ii) The membership of the Board shall be 
                        representatives of the broad range of 
                        scientific and engineering disciplines related 
                        to activities under this title.
                            ``(iii) No person shall be nominated for 
                        appointment to the Board who is an employee 
                        of--
                                    ``(I) the Department of Energy;
                                    ``(II) a national laboratory under 
                                contract with the Department of Energy; 
                                or
                                    ``(III) an entity performing spent 
                                nuclear fuel or high-level radioactive 
                                waste activities under contract with 
                                the Department of Energy.
            ``(4) Vacancies.--Any vacancy on the Board shall be filled 
        by the nomination and appointment process described in 
        paragraphs (1) and (3).
            ``(5) Terms.--Members of the Board shall be appointed for 
        terms of 4 years, each such term to commence 120 days after 
        December 22, 1987, except that of the 11 members first 
        appointed to the Board, 5 shall serve for 2 years and 6 shall 
        serve for 4 years, to be designated by the President at the 
        time of appointment, except that a member of the Board whose 
        term has expired may continue to serve as a member of the Board 
        until such member's successor has taken office.

``SEC. 603. FUNCTIONS.

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

``SEC. 604. INVESTIGATORY POWERS.

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

``SEC. 605. COMPENSATION OF MEMBERS.

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

``SEC. 606. STAFF.

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

``SEC. 607. SUPPORT SERVICES.

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

``SEC. 608. REPORT.

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

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 610. TERMINATION OF THE BOARD.

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

                     ``TITLE VII--MANAGEMENT REFORM

``SEC. 701. MANAGEMENT REFORM INITIATIVES.

    ``(a) In General.--The Secretary is directed to take actions as 
necessary to improve the management of the civilian radioactive waste 
management program to ensure that the program is operated, to the 
maximum extent practical, in like manner as a private business.
    ``(b) Site Characterization.--The Secretary shall employ, on an on-
going basis, integrated performance modeling to identify appropriate 
parameters for the remaining site characterization effort and to 
eliminate studies of parameters that are shown not to affect long-term 
performance.

``SEC. 702. REPORTING.

    ``(a) Initial Report.--Within 180 days of the date of enactment of 
this Act, the Secretary shall report to Congress on its planned actions 
for implementing the provisions of this Act, including the development 
of the Integrated Waste Management System. Such report shall include--
            ``(1) an analysis of the Secretary's progress in meeting 
        its statutory and contractual obligation to accept title to, 
        possession of, and delivery of spent nuclear fuel and high-
        level radioactive waste beginning no later than June 30, 2003, 
        and in accordance with the acceptable schedule;
            ``(2) a detailed schedule and timeline showing each action 
        that the Secretary intends to take to meet the Secretary's 
        obligations under this Act and the contracts;
            ``(3) a detailed description of the Secretary's contingency 
        plans in the event that the Secretary is unable to meet the 
        planned schedule and timeline; and
            ``(4) an analysis by the Secretary of its funding needs for 
        fiscal years 1999 through 2004.
    ``(b) Annual Reports.--On each anniversary of the submittal of the 
report required by subsection (a), the Secretary shall make annual 
reports to the Congress for the purpose of updating the information 
contained in such report. The annual reports shall be brief and shall 
notify the Congress of--
            ``(1) any modifications to the Secretary's schedule and 
        timeline for meeting its obligations under this Act;
            ``(2) the reasons for such modifications, and the status of 
        the implementation of any of the Secretary's contingency plans; 
        and
            ``(3) the Secretary's analysis of its funding needs for the 
        ensuing 5 fiscal years.''.

SEC. 2. CONTINUATION OF CONTRACTS.

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