[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2610 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2610

 To enhance the management and disposal of spent nuclear fuel and high-
            level radioactive waste, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2006

  Mr. Inhofe introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To enhance the management and disposal of spent nuclear fuel and high-
            level radioactive waste, 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. DEFINITIONS FROM NUCLEAR WASTE POLICY ACT OF 1982.

    In this Act, the terms ``Commission'', ``disposal'', ``high-level 
radioactive waste'', ``repository'', ``Secretary'', ``State'', ``spent 
nuclear fuel'', and ``Yucca Mountain site'' have the meanings given 
those terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10101).

SEC. 2. 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 relating to 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. 3. 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 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 subject to the Nuclear Waste 
        Policy Act of 1982 (42 U.S.C. 10101 et seq.).

SEC. 4. 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>