[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2589 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2589

 To enhance the management and disposal of spent nuclear fuel and high-
  level radioactive waste, to ensure protection of public health and 
    safety, to ensure the territorial integrity and security of the 
         repository at Yucca Mountain, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2006

 Mr. Domenici (for himself and Mr. Inhofe) (by request) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To enhance the management and disposal of spent nuclear fuel and high-
  level radioactive waste, to ensure protection of public health and 
    safety, to ensure the territorial integrity and security of the 
         repository at Yucca Mountain, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Fuel Management and Disposal 
Act''.

SEC. 2. DEFINITIONS.

    (a) Definitions From Nuclear Waste Policy Act of 1982.--In this 
Act, the terms ``Commission'', ``disposal'', ``Federal agency'', 
``high-level radioactive waste'', ``repository'', ``Secretary'', 
``State'', ``spent nuclear fuel'', and ``Yucca Mountain site'' have the 
meaning given those terms in section 2 of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C. 10101).
    (b) Other Definitions.--In this Act:
            (1) Project.--The term ``Project'' means the Yucca Mountain 
        Project.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means the Secretary of the Air Force or the Secretary of the 
        Interior, or both, as appropriate.
            (3) Withdrawal.--The term ``Withdrawal'' means the 
        withdrawal under section 3(a)(1) of the geographic area 
        consisting of the land described in section 3(c).

SEC. 3. LAND WITHDRAWAL AND RESERVATION.

    (a) Land Withdrawal, Jurisdiction, and Reservation.--
            (1) Land withdrawal.--Subject to valid existing rights and 
        except as provided otherwise in this Act, the land described in 
        subsection (c) is withdrawn permanently from all forms of 
        entry, appropriation, and disposal under the public land laws, 
        including, without limitation, the mineral leasing laws, 
        geothermal leasing laws, and mining laws.
            (2) Jurisdiction.--
                    (A) In general.--Except as otherwise provided in 
                this Act, the Secretary shall have jurisdiction over 
                the Withdrawal.
                    (B) Transfer.--There is transferred to the 
                Secretary the land covered by the Withdrawal that is 
                under the jurisdiction of the Secretary concerned on 
                the date of enactment of this Act.
            (3) Reservation.--The land covered by the Withdrawal is 
        reserved for use by the Secretary for the development, 
        preconstruction testing and performance confirmation, 
        licensing, construction, management and operation, monitoring, 
        closure, post-closure, and other activities associated with the 
        disposal of high-level radioactive waste and spent nuclear fuel 
        under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et 
        seq.).
    (b) Revocation and Modification of Public Land Orders and Rights-
of-Way.--
            (1) Public land order revocation.--Public Land Order 6802 
        of September 25, 1990, as extended by Public Land Order 7534, 
        and any conditions or memoranda of understanding accompanying 
        those land orders, are revoked.
            (2) Right of way reservations.--Project right-of-way 
        reservations N-48602 and N-47748 of January 5, 2001, are 
        revoked.
    (c) Land Description.--
            (1) Boundaries.--The land and interests in land covered by 
        the Withdrawal and reserved by this Act comprise the 
        approximately 147,000 acres of land in Nye County, Nevada, as 
        generally depicted on the Yucca Mountain Project Map, YMP-03-
        024.2, entitled ``Proposed Land Withdrawal'' and dated July 21, 
        2005.
            (2) Legal description and map.--As soon as practicable 
        after the date of enactment of this Act, the Secretary of the 
        Interior shall--
                    (A) publish in the Federal Register a notice 
                containing a legal description of the land covered by 
                the Withdrawal; and
                    (B) file copies of the maps described in paragraph 
                (1) and the legal description of the land covered by 
                the Withdrawal with Congress, the Governor of the State 
                of Nevada, and the Archivist of the United States.
            (3) Technical corrections.--The maps and legal description 
        referred to in this subsection have the same force and effect 
        as if included in this Act, except that the Secretary of the 
        Interior may correct clerical and typographical errors in the 
        maps and legal description.
    (d) Relationship to Other Reservations.--
            (1) In general.--Subtitle A of title XXX of the Military 
        Lands Withdrawal Act of 1999 (Public Law 106-65; 113 Stat. 885) 
        and Public Land Order 2568 do not apply to the land covered by 
        the Withdrawal and reserved by subsection (a).
            (2) Other withdrawn land.--This Act does not apply to any 
        other land withdrawn for use by the Department of Defense under 
        subtitle A of title XXX of the Military Lands Withdrawal Act of 
        1999.
    (e) Management Responsibilities.--
            (1) General authority.--The Secretary, in consultation with 
        the Secretary concerned, as applicable, shall manage the land 
        covered by the Withdrawal in accordance with the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), 
        this Act, and other applicable law.
            (2) Management plan.--
                    (A) Development.--Not later than 3 years after the 
                date of enactment of this Act, the Secretary, after 
                consultation with the Secretary concerned, shall 
                develop and submit to Congress and the State of Nevada 
                a management plan for the use of the land covered by 
                the Withdrawal.
                    (B) Priority of yucca mountain project-related 
                issues.--Subject to subparagraphs (C), (D), and (E), 
                any use of the land covered by the Withdrawal for 
                activities not associated with the Project is subject 
                to such conditions and restrictions as the Secretary 
                considers to be necessary or desirable to permit the 
                conduct of Project-related activities.
                    (C) Department of the air force uses.--The 
                management plan may provide for the continued use by 
                the Department of the Air Force of the portion of the 
                land covered by the Withdrawal within the Nellis Air 
                Force Base Test and Training Range under terms and 
                conditions on which the Secretary and the Secretary of 
                the Air Force agree with respect to Air Force 
                activities.
                    (D) Nevada test site uses.--The Secretary may--
                            (i) permit the National Nuclear Security 
                        Administration to continue to use the portion 
                        of the land covered by the Withdrawal on the 
                        Nevada Test Site; and
                            (ii) impose any conditions on that use that 
                        the Secretary considers to be necessary to 
                        minimize any effect on Project or 
                        Administration activities.
                    (E) Other non-yucca mountain project uses.--
                            (i) In general.--The management plan shall 
                        provide for the maintenance of wildlife habitat 
                        and the permitting by the Secretary of non-
                        Project-related uses that the Secretary 
                        considers to be appropriate, including domestic 
                        livestock grazing and hunting and trapping in 
                        accordance with clauses (ii) and (iii).
                            (ii) Grazing.--Subject to regulations, 
                        policies, and practices that the Secretary, 
                        after consultation with the Secretary of the 
                        Interior, determines to be necessary or 
                        appropriate, the Secretary may permit grazing 
                        on land covered by the Withdrawal to continue 
                        on areas on which grazing was established 
                        before the date of enactment of this Act, in 
                        accordance with applicable grazing laws and 
                        policies, including--
                                    (I) the Act of June 28, 1934 
                                (commonly known as the ``Taylor Grazing 
                                Act'') (43 U.S.C. 315 et seq.);
                                    (II) title IV of the Federal Land 
                                Policy Management Act of 1976 (43 
                                U.S.C. 1751 et seq.); and
                                    (III) the Public Rangelands 
                                Improvement Act of 1978 (43 U.S.C. 1901 
                                et seq.).
                            (iii) Hunting and trapping.--The Secretary 
                        may permit hunting and trapping on land covered 
                        by the Withdrawal on areas in which hunting and 
                        trapping were permitted on the day before the 
                        date of enactment of this Act, except that the 
                        Secretary, after consultation with the 
                        Secretary of the Interior and the State of 
                        Nevada, may designate zones in which, and 
                        establish periods during which, no hunting or 
                        trapping is permitted for reasons of public 
                        safety, national security, administration, or 
                        public use and enjoyment.
                    (F) Mining.--
                            (i) In general.--Except as provided in 
                        subparagraph (B), surface or subsurface mining 
                        or oil or gas production, including slant 
                        drilling from outside the boundaries of the 
                        land covered by the Withdrawal, is not 
                        permitted at any time on or under the land 
                        covered by the Withdrawal.
                            (ii) Validity of claims.--The Secretary of 
                        the Interior shall evaluate and adjudicate the 
                        validity of all mining claims on the portion of 
                        land covered by the Withdrawal that, on the 
                        date of enactment of this Act, was under the 
                        control of the Bureau of Land Management.
                            (iii) Compensation.--The Secretary shall 
                        provide just compensation for the acquisition 
                        of any valid property right.
                            (iv) Cind-r-lite mine.--
                                    (I) In general.--Patented Mining 
                                Claim No. 27-83-0002, covering the 
                                Cind-R-Lite mine, shall not be affected 
                                by establishment of the Withdrawal, 
                                unless the Secretary, after 
                                consultation with the Secretary of the 
                                Interior, determines that the 
                                acquisition of the mine is required in 
                                furtherance of the reserved use of the 
                                land covered by the Withdrawal 
                                described in subsection (a)(3).
                                    (II) Compensation.--If the 
                                Secretary determines that the 
                                acquisition of the mine described in 
                                subclause (I) is required, the 
                                Secretary shall provide just 
                                compensation for acquisition of the 
                                mine.
                    (G) Limited public access.--The management plan may 
                provide for limited public access to and use of the 
                portion of the land covered by the Withdrawal that is 
                under the jurisdiction of the Bureau of Land Management 
                on the date of enactment of this Act, including for--
                            (i) continuation of the Nye County Early 
                        Warning Drilling Program;
                            (ii) utility corridors; and
                            (iii) such other uses as the Secretary, 
                        after consultation with the Secretary of the 
                        Interior, considers to be consistent with the 
                        purposes of the Withdrawal.
                    (H) Closure.--If the Secretary, after consultation 
                with the Secretary concerned, determines that the 
                health or safety of the public or the common defense or 
                security requires the closure of a road, trail, or 
                other portion of land covered by the Withdrawal, or the 
                airspace above land covered by the Withdrawal, the 
                Secretary--
                            (i) may close the portion of land or the 
                        airspace; and
                            (ii) shall provide public notice of the 
                        closure.
            (3) Implementation.--The Secretary and the Secretary 
        concerned shall implement the management plan developed under 
        paragraph (2) in accordance with terms and conditions on which 
        the Secretary and the Secretary concerned jointly agree.
    (f) Immunity.--The United States (including each department and 
agency of the Federal Government) shall be held harmless, and shall not 
be liable, for damages to a person or property suffered in the course 
of any mining, mineral leasing, or geothermal leasing activity 
conducted on the land covered by the Withdrawal.
    (g) Land Acquisition.--
            (1) In general.--The Secretary may acquire land, and 
        interests in land within the land, covered by the Withdrawal.
            (2) Method of acquisition.--Land and interests in land 
        described in paragraph (1) may be acquired by donation, 
        purchase, lease, exchange, easement, right-of-way, or other 
        appropriate methods using donated or appropriated funds.
            (3) Exchange of land.--The Secretary of the Interior shall 
        conduct any exchange of land covered by the Withdrawal for 
        Federal land not covered by the Withdrawal.

SEC. 4. APPLICATION PROCEDURES AND INFRASTRUCTURE ACTIVITIES.

    (a) Application.--Section 114(b) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10134(b)) is amended--
            (1) by striking ``If the President'' and inserting the 
        following:
            ``(1) In general.--If the President''; and
            (2) by adding at the end the following
            ``(2) Required information.--An application for 
        construction authorization shall not be required to contain 
        information regarding any surface facility other than surface 
        facilities necessary for initial operation of the 
        repository.''.
    (b) Application Procedures and Infrastructure Activities.--Section 
114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) is 
amended--
            (1) in the first sentence, by striking ``The Commission 
        shall consider'' and inserting the following:
            ``(1) In general.--The Commission shall consider'';
            (2) by striking the last 2 sentences; and
            (3) by inserting after paragraph (1) (as designated by 
        paragraph (1)) the following:
            ``(2) Amendments to application for construction 
        authorization.--
                    ``(A) In general.--If the Commission approves an 
                application for construction authorization and the 
                Secretary submits an application to amend the 
                authorization to obtain permission to receive and 
                possess spent nuclear fuel and high-level radioactive 
                waste, or to undertake any other action concerning the 
                repository, the Commission shall consider the 
                application using expedited, informal procedures, 
                including discovery procedures that minimize the burden 
                on the parties to produce documents that the Commission 
                does not need to render a decision on an action under 
                this section.
                    ``(B) Final decision.--The Commission shall issue a 
                final decision on whether to grant permission to 
                receive and possess spent nuclear fuel and high-level 
                radioactive waste, or on any other application, by the 
                date that is 1 year after the date of submission of the 
                application, except that the Commission may extend that 
                deadline by not more than 180 days if, not less than 30 
                days before the deadline, the Commission complies with 
                the reporting requirements under subsection (e)(2).
            ``(3) Infrastructure activities.--
                    ``(A) In general.--At any time before or after the 
                Commission issues a final decision on an application 
                from the Secretary for construction authorization under 
                this subsection, the Secretary may undertake 
                infrastructure activities that the Secretary determines 
                to be necessary or appropriate to support construction 
                or operation of a repository at the Yucca Mountain site 
                or transportation to the Yucca Mountain site of spent 
                nuclear fuel and high level radioactive waste, 
                including infrastructure activities such as--
                            ``(i) safety upgrades;
                            ``(ii) site preparation;
                            ``(iii) the construction of a rail line to 
                        connect the Yucca Mountain site with the 
                        national rail network, including any facilities 
                        to facilitate rail operations; and
                            ``(iv) construction, upgrade, acquisition, 
                        or operation of electrical grids or facilities, 
                        other utilities, communication facilities, 
                        access roads, rail lines, and non-nuclear 
                        support facilities.
                    ``(B) Compliance.--
                            ``(i) In general.--The Secretary shall 
                        comply with all applicable requirements under 
                        the National Environmental Policy Act of 1969 
                        (42 U.S.C. 4321 et seq.) with respect to an 
                        infrastructure activity undertaken under this 
                        paragraph.
                            ``(ii) EIS.--If the Secretary determines 
                        that an environmental impact statement or 
                        similar analysis under the National 
                        Environmental Policy Act of 1969 is required in 
                        connection with an infrastructure activity 
                        undertaken under this paragraph, the Secretary 
                        shall not be required to consider the need for 
                        the action, alternative actions, or a no-action 
                        alternative.
                            ``(iii) Other agencies.--
                                    ``(I) In general.--To the extent 
                                that a Federal agency is required to 
                                consider the potential environmental 
                                impact of an infrastructure activity 
                                undertaken under this paragraph, the 
                                Federal agency shall adopt, to the 
                                maximum extent practicable, an 
                                environmental impact statement or 
                                similar analysis prepared under this 
                                paragraph without further action.
                                    ``(II) Effect of adoption of 
                                statement.--Adoption of an 
                                environmental impact statement or 
                                similar analysis described in subclause 
                                (I) shall be considered to satisfy the 
                                responsibilities of the adopting agency 
                                under the National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et seq.), 
                                and no further action for the activity 
                                covered by the statement or analysis 
                                shall be required by the agency.
                    ``(C) Denials of authorization.--The Commission may 
                not deny construction authorization, permission to 
                receive and possess spent nuclear fuel or high-level 
                radioactive waste, or any other action concerning the 
                repository on the ground that the Secretary undertook 
                an infrastructure activity under this paragraph.''.
    (c) Connected Actions.--Section 114(f)(6) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10134(f)(6)) is amended--
            (1) by striking ``or''; and
            (2) by inserting before the period at the end the 
        following: ``, or an action connected or otherwise relating to 
        the repository, to the extent the action is undertaken outside 
        the geologic repository operations area and does not require a 
        license from the Commission''.
    (d) Expedited Authorizations.--Section 120 of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10140) is amended--
            (1) in subsection (a)(1)--
                    (A) in the first sentence, by inserting ``, or the 
                conduct of an infrastructure activity,'' after 
                ``repository'';
                    (B) by inserting ``, State, local, or tribal'' 
                after ``Federal'' each place it appears; and
                    (C) in the second sentence, by striking 
                ``repositories'' and inserting ``a repository or 
                infrastructure activity'';
            (2) in subsection (b), by striking ``, and may include 
        terms and conditions permitted by law''; and
            (3) by adding at the end the following:
    ``(c) Failure to Grant Authorization.--An agency or officer that 
fails to grant authorization by the date that is 1 year after the date 
of receipt of an application or request from the Secretary subject to 
subsection (a) shall submit to Congress a written report that explains 
the reason for not meeting that deadline or rejecting the application 
or request.
    ``(d) Treatment of Actions.--For the purpose of applying any 
Federal, State, local, or tribal law or requirement, the taking of an 
action relating to a repository or an infrastructure activity shall be 
considered to be--
            ``(1) beneficial, and not detrimental, to the public 
        interest and interstate commerce; and
            ``(2) consistent with the public convenience and 
        necessity.''.

SEC. 5. NUCLEAR WASTE FUND.

    (a) Crediting Fees.--Beginning on October 1, 2007, and continuing 
through the end of the fiscal year during which construction is 
completed for the Nevada rail line and surface facilities for the fully 
operational repository described in the license application, fees 
collected by the Secretary and deposited in the Nuclear Waste Fund 
established by section 302(c) of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222(c)) shall be credited to the Nuclear Waste Fund as 
discretionary offsetting collections each year in amounts not to exceed 
the amounts appropriated from the Nuclear Waste Fund for that year.
    (b) Fund Uses.--Section 302(d)(4) of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C. 10222(d)(4)) is amended by inserting after ``with'' 
the following: ``infrastructure activities that the Secretary 
determines to be necessary or appropriate to support construction or 
operation of a repository at the Yucca Mountain site or transportation 
to the Yucca Mountain site of spent nuclear fuel and high-level 
radioactive waste, and''.

SEC. 6. REGULATORY REQUIREMENTS.

    (a) Material Requirements.--Notwithstanding any other provision of 
law, no Federal, State, interstate, or local requirement, either 
substantive or procedural, that is referred to in section 6001(a) of 
the Solid Waste Disposal Act (42 U.S.C. 6961(a)), applies to--
            (1) any material owned by the Secretary, if the material is 
        transported or stored in a package, cask, or other container 
        that the Commission has certified for transportation or storage 
        of that type of material; or
            (2) any material located at the Yucca Mountain site for 
        disposal, if the management and disposal of the material is 
        subject to a license issued by the Commission.
    (b) Permits.--
            (1) In general.--The Environmental Protection Agency shall 
        be the permitting agency for purposes of issuing, 
        administering, or enforcing any new or existing air quality 
        permit or requirement applicable to a Federal facility or 
        activity relating to the Withdrawal that is subject to the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.).
            (2) State and local activity.--A State or unit of local 
        government shall not issue, administer, or enforce a new or 
        existing air quality permit or requirement affecting a Federal 
        facility or activity that is--
                    (A) located on the land covered by the Withdrawal; 
                and
                    (B) subject to the Nuclear Waste Policy Act of 1982 
                (42 U.S.C. 10101 et seq.).

SEC. 7. TRANSPORTATION.

    The Nuclear Waste Policy Act of 1982 is amended by inserting after 
section 180 (42 U.S.C. 10175) the following:

``SEC. 181. TRANSPORTATION.

    ``(a) In General.--The Secretary may determine the extent to which 
any transportation required to carry out the duties of the Secretary 
under this Act that is regulated under the Hazardous Materials 
Transportation Authorization Act of 1994 (title I of Public Law 103-
311; 108 Stat. 1673) and amendments made by that Act shall instead be 
regulated exclusively under the Atomic Energy Act of 1954 (42 U.S.C. 
2011 et seq.).
    ``(b) Determination of Preemption.--On request by the Secretary, 
the Secretary of Transportation may determine, pursuant to section 5125 
of title 49, United States Code, that any requirement of a State, 
political subdivision of a State, or Indian tribe regarding 
transportation carried out by or on behalf of the Secretary in carrying 
out this Act is preempted, regardless of whether the transportation 
otherwise is or would be subject to regulation under the Hazardous 
Materials Transportation Authorization Act of 1994 (title I of Public 
Law 103-311; 108 Stat. 1673).''.

SEC. 8. CONSIDERATION OF EFFECT OF ACQUISITION OF WATER RIGHTS.

    Section 124 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10144) is amended--
            (1) by striking the section heading and all that follows 
        through ``The Secretary'' and inserting the following:

``SEC. 124. CONSIDERATION OF EFFECT OF ACQUISITION OF WATER RIGHTS.

    ``(a) Water Rights Acquisition Effect.--The Secretary''; and
            (2) by adding at the end the following:
    ``(b) Beneficial Use of Water.--
            ``(1) In general.--Notwithstanding any other Federal, 
        State, or local law, the use of water from any source in 
        quantities sufficient to accomplish the purposes of this Act 
        and to carry out functions of the Department under this Act 
        shall be considered to be a use that--
                    ``(A) is beneficial to interstate commerce; and
                    ``(B) does not threaten to prove detrimental to the 
                public interest.
            ``(2) Conflicting state laws.--A State shall not enact or 
        apply a law that discriminates against a use described in 
        paragraph (1).
            ``(3) Acquisition of water rights.--The Secretary, through 
        purchase or other means, may obtain water rights necessary to 
        carry out functions of the Department under this Act.''.

SEC. 9. CONFIDENCE IN AVAILABILITY OF WASTE DISPOSAL.

    Notwithstanding any other provision of law, in deciding whether to 
permit the construction or operation of a nuclear reactor or any 
related facilities, the Commission shall deem, without further 
consideration, that sufficient capacity will be available in a timely 
manner to dispose of the spent nuclear fuel and high-level radioactive 
waste resulting from the operation of the reactor and related 
facilities.
                                 <all>