Short title

This Act may be cited as the

Nuclear Fuel Management and Disposal Act

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).

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Subject to valid existing rights and except as provided otherwise in this Act, the land described in subsection (c) is withdrawn permanently from all forms of entry, appropriation, and disposal under the public land laws, including, without limitation, the mineral leasing laws,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.

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.

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.

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.).

Transportation

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

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).

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:

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.

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.