[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3962 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3962

 To enhance the management and disposal of spent nuclear fuel and high-
  level radioactive waste, to assure 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

                           September 27, 2006

Mr. Domenici (for himself and Mr. Craig) 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 assure 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.

    In this Act:
            (1) Disposal.--The term ``disposal'' has the meaning given 
        the term in section 2 of the Nuclear Waste Policy Act of 1982 
        (42 U.S.C. 10101).
            (2) High-level radioactive waste.--The term ``high-level 
        radioactive waste'' has the meaning given the term in section 2 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (3) Project.--The term ``Project'' means the Yucca Mountain 
        Project.
            (4) Repository.--The term ``repository'' has the meaning 
        given the term in section 2 of the Nuclear Waste Policy Act of 
        1982 (42 U.S.C. 10101).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (6) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
        has the meaning given the term in section 2 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101).
            (7) Yucca mountain site.--The term ``Yucca Mountain site'' 
        has the meaning given the term in section 2 of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101).

SEC. 3. WITHDRAWAL OF LAND.

    (a) Land Withdrawal; Jurisdiction; Reservation; Acquisition.--
            (1) Land withdrawal.--Subject to valid existing rights, and 
        except as otherwise provided in this Act, the land described in 
        subsection (b) is withdrawn permanently from any form of entry, 
        appropriation, or disposal under the public land laws, 
        including, without limitation--
                    (A) the mineral leasing laws;
                    (B) the geothermal leasing laws;
                    (C) materials sales laws; and
                    (D) the mining laws.
            (2) Jurisdiction.--As of the date of enactment of this Act, 
        any land described in subsection (b) that is under the 
        jurisdiction of the Secretary of the Air Force or the Secretary 
        of the Interior shall be--
                    (A) transferred to the Secretary; and
                    (B) under the jurisdiction of the Secretary.
            (3) Reservation.--The land described in subsection (b) is 
        reserved for use by the Secretary for 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.), including--
                    (A) development;
                    (B) preconstruction testing and performance 
                confirmation;
                    (C) licensing;
                    (D) construction;
                    (E) management and operation;
                    (F) monitoring;
                    (G) closure and post-closure; and
                    (H) other such 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) Land Description.--
            (1) Boundaries.--The land referred to in subsection (a) is 
        the approximately 147,000 acres of land located in Nye County, 
        Nevada, as generally depicted on the map relating to the 
        Project, numbered YMP-03-024.2, entitled ``Proposed Land 
        Withdrawal'', and dated July 21, 2005.
            (2) Legal description and map.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary of the 
                Interior shall--
                            (i) publish in the Federal Register a 
                        notice containing a legal description of the 
                        land described in this subsection; and
                            (ii) provide to Congress, the Governor of 
                        the State of Nevada, and the Archivist of the 
                        United States--
                                    (I) a copy of the map referred to 
                                in paragraph (1); and
                                    (II) the legal description of the 
                                land.
                    (B) Treatment.--
                            (i) In general.--The map and legal 
                        description referred to in subparagraph (A) 
                        shall have the same force and effect as if the 
                        map and legal description were included in this 
                        Act.
                            (ii) Technical corrections.--The Secretary 
                        of the Interior may correct any clerical or 
                        typographical error in the map and legal 
                        description referred to in subparagraph (A).
    (c) Revocations.--
            (1) Public land order.--Public Land Order 6802, dated 
        September 25, 1990 (as extended by Public Land Order 7534), and 
        any condition or memorandum of understanding accompanying the 
        land order (as so extended), is revoked.
            (2) Right of way.--The rights-of-way reservations relating 
        to the Project, numbered N-48602 and N-47748 and dated January 
        5, 2001, are revoked.
    (d) Management of Withdrawn Land.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of the Air Force and the Secretary of the Interior, 
        as appropriate, shall manage the land withdrawn under 
        subsection (a)(1) in accordance with--
                    (A) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
                    (B) this Act; and
                    (C) other applicable laws.
            (2) Management plan.--
                    (A) Development.--Not later than 3 years after the 
                date of enactment of this Act, the Secretary, in 
                consultation with the Secretary of the Air Force and 
                the Secretary of the Interior, as appropriate, shall 
                develop and submit to Congress and the State of Nevada 
                a management plan for the use of the land withdrawn 
                under subsection (a)(1).
                    (B) Priority.--Subject to subparagraphs (C), (D), 
                and (E), use of the land withdrawn under subsection 
                (a)(1) for an activity not relating to the Project 
                shall be subject to such conditions and restrictions as 
                the Secretary considers to be appropriate to facilitate 
                activities relating to the Project.
                    (C) Air force use.--The management plan may provide 
                for the continued use by the Department of the Air 
                Force of the portion of the land withdrawn under 
                subsection (a)(1) located within the Nellis Air Force 
                base test and training range under such terms and 
                conditions as may be agreed to by the Secretary and the 
                Secretary of the Air Force.
                    (D) Nevada test site use.--The management plan may 
                provide for the continued use by the National Nuclear 
                Security Administration of the portion of the land 
                withdrawn under subsection (a)(1) located within the 
                Nevada test site of the Administration under such 
                conditions as the Secretary considers to be necessary 
                to minimize any effect on activities relating to the 
                Project or other activities of the Administration.
                    (E) Other uses.--
                            (i) In general.--The management plan shall 
                        include provisions--
                                    (I) relating to the maintenance of 
                                wildlife habitat on the land withdrawn 
                                under subsection (a)(1); and
                                    (II) under which the Secretary may 
                                permit any use not relating to the 
                                Project, as the Secretary considers to 
                                be appropriate, in accordance with the 
                                requirements under clause (ii).
                            (ii) Requirements.--
                                    (I) Grazing.--The Secretary may 
                                permit any grazing use to continue on 
                                the land withdrawn under subsection 
                                (a)(1) if the grazing use was 
                                established before the date of 
                                enactment of this Act, subject to such 
                                regulations, policies, and practices as 
                                the Secretary, in consultation with the 
                                Secretary of the Interior, determines 
                                to be appropriate, and in accordance 
                                with applicable grazing laws and 
                                policies, including--
                                            (aa) the Act of June 28, 
                                        1934 (commonly known as the 
                                        ``Taylor Grazing Act'') (43 
                                        U.S.C. 315 et seq.);
                                            (bb) title IV of the 
                                        Federal Land Policy Management 
                                        Act of 1976 (43 U.S.C. 1751 et 
                                        seq.); and
                                            (cc) the Public Rangelands 
                                        Improvement Act of 1978 (43 
                                        U.S.C. 1901 et seq.).
                                    (II) Hunting and trapping.--The 
                                Secretary may permit any hunting or 
                                trapping use to continue on the land 
                                withdrawn under subsection (a)(1) if 
                                the hunting or trapping use was 
                                established before the date of 
                                enactment of this Act, at such time and 
                                in such zones as the Secretary, in 
                                consultation with the Secretary of the 
                                Interior and the State of Nevada, may 
                                establish, taking into consideration 
                                public safety, national security, 
                                administration, and public use and 
                                enjoyment of the land.
                    (F) Public access.--
                            (i) In general.--The management plan may 
                        provide for limited public access to the 
                        portion of the land withdrawn under subsection 
                        (a)(1) that was under the control of the Bureau 
                        of Land Management on the day before the date 
                        of enactment of this Act.
                            (ii) Specific uses.--The management plan 
                        may permit public uses of the land relating to 
                        the Nye County Early Warning Drilling Program, 
                        utility corridors, and other uses the 
                        Secretary, in consultation with the Secretary 
                        of the Interior, considers to be consistent 
                        with the purposes of the withdrawal under 
                        subsection (a)(1).
            (3) Mining.--
                    (A) In general.--Surface and subsurface mining and 
                oil and gas production, including slant drilling from 
                outside the boundaries of the land withdrawn under 
                subsection (a)(1), shall be prohibited at any time on 
                or under the land.
                    (B) Evaluation of claims.--The Secretary of the 
                Interior shall evaluate and adjudicate the validity of 
                any mining claim relating to any portion of the land 
                withdrawn under subsection (a)(1) that was under the 
                control of the Bureau of Land Management on the day 
                before the date of enactment of this Act.
                    (C) Compensation.--The Secretary shall provide just 
                compensation for the acquisition of any valid property 
                right relating to mining pursuant to the withdrawal 
                under subsection (a)(1).
            (4) Closures.--If the Secretary, in consultation with the 
        Secretary of the Air Force and the Secretary of the Interior, 
        as appropriate, determines that the health and safety of the 
        public or the national defense and security require the closure 
        of a road, trail, or other portion of the land withdrawn under 
        subsection (a)(1) (including the airspace above the land), the 
        Secretary--
                    (A) may close the road, trail, or portion of land 
                (including airspace); and
                    (B) shall provide to the public a notice of the 
                closure.
            (5) Implementation.--The Secretary and the Secretary of the 
        Air Force or the Secretary of the Interior, as appropriate, 
        shall implement the management plan developed under paragraph 
        (2) under such terms and conditions as may be agreed to by the 
        Secretaries.

SEC. 4. RECEIPT AND STORAGE FACILITIES.

    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) Application for receipt and storage facilities.--
                    ``(A) In general.--In conjunction with the 
                submission of an application for a construction 
                authorization under this subsection, the Secretary 
                shall apply to the Commission for a license in 
                accordance with part 72 of title 10, Code of Federal 
                Regulations (or a successor regulation), to construct 
                and operate facilities to receive and store spent 
                nuclear fuel and high-level radioactive waste at the 
                Yucca Mountain site.
                    ``(B) Deadline for final decision by commission.--
                The Commission shall issue a final decision approving 
                or disapproving the issuance of the license not later 
                than 18 months after the date of submission of the 
                application to the Commission.''.

SEC. 5. REPEAL OF CAPACITY LIMITATION.

    Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10134(d)) is amended by striking the second and third sentences.

SEC. 6. INFRASTRUCTURE ACTIVITIES.

    Section 114 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10134) is amended by adding at the end the following:
    ``(g) Infrastructure Activities.--
            ``(1) Construction of connected facilities.--At any time 
        after the completion by the Secretary of a final environmental 
        impact statement that evaluates the activities to be performed 
        under this subsection, the Secretary may commence the following 
        activities in connection with any activity or facility licensed 
        or to be licensed by the Commission at the Yucca Mountain site:
                    ``(A) Preparation of the site for construction of 
                the facility (including such activities as clearing, 
                grading, and construction of temporary access roads and 
                borrow areas).
                    ``(B) Installation of temporary construction 
                support facilities (including such items as warehouse 
                and shop facilities, utilities, concrete mixing plants, 
                docking and unloading facilities, and construction 
                support buildings).
                    ``(C) Excavation for facility structures.
                    ``(D) Construction of service facilities (including 
                such facilities as roadways, paving, railroad spurs, 
                fencing, exterior utility and lighting systems, 
                transmission lines, and sanitary sewerage treatment 
                facilities).
                    ``(E) Construction of structures, systems, and 
                components that do not prevent or mitigate the 
                consequences of possible accidents that could cause 
                undue risk to the health and safety of the public.
                    ``(F) Installation of structural foundations 
                (including any necessary subsurface preparation) for 
                structures, systems, and components that prevent or 
                mitigate the consequences of possible accidents that 
                could cause undue risk to the health and safety of the 
                public.
            ``(2) Authorization to receive and store.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Defense waste.--The term `defense 
                        waste' means high-level radioactive waste, and 
                        spent nuclear fuel, that results from an atomic 
                        energy defense activity.
                            ``(ii) Legacy spent nuclear fuel.--The term 
                        `legacy spent nuclear fuel' means spent nuclear 
                        fuel--
                                    ``(I) that is subject to a contract 
                                entered into pursuant to section 302; 
                                and
                                    ``(II) for which the Secretary 
                                determines that there is not at the 
                                time of the determination, and will not 
                                be within a reasonable time after the 
                                determination, sufficient domestic 
                                capacity available to recycle the spent 
                                nuclear fuel.
                    ``(B) Authorization for defense waste.--At any time 
                after the issuance of a license for receipt and storage 
                facilities under subsection (b)(2), the Secretary may 
                transport defense waste to receipt and storage 
                facilities at the Yucca Mountain site.
                    ``(C) Authorization for legacy spent nuclear 
                fuel.--At any time after the issuance of a construction 
                authorization under subsection (d) and the issuance of 
                a license for receipt and storage facilities under 
                subsection (b)(2), the Secretary may receive and store 
                legacy spent nuclear fuel and high-level radioactive 
                waste at the Yucca Mountain site.''.

SEC. 7. RAIL LINE.

    (a) Construction of Rail Line.--The Secretary shall acquire rights-
of-way within the corridor designated in subsection (b) in accordance 
with this section, and shall construct and operate, or cause to be 
constructed and operated, a railroad and such facilities as are 
required to transport spent nuclear fuel and high-level radioactive 
waste from existing rail systems to the site of surface facilities 
within the geologic repository operations area for the receipt, 
handling, packaging, and storage of spent nuclear fuel and high-level 
radioactive waste prior to emplacement.
    (b) Acquisition and Withdrawal of Land.--
            (1) Route designation and acquisition.--
                    (A) Rights-of-way and facilities.--The Secretary 
                shall acquire such rights-of-way and develop such 
                facilities within the corridor referred to as ``X'' on 
                the map dated [___] and on file with the Secretary as 
                are necessary to carry out subsection (a).
                    (B) Recommendations.--The Secretary shall consider 
                specific alignment proposals for the route for the 
                corridor made by the State of Nevada and the units of 
                local government within whose jurisdiction the route is 
                proposed to pass.
                    (C) Notice and description.--Not later than 180 
                days after the date of enactment of this section, the 
                Secretary shall--
                            (i) publish in the Federal Register a 
                        notice containing a legal description of the 
                        corridor; and
                            (ii) file copies of the map referred to in 
                        paragraph (1) and the legal description of the 
                        corridor with--
                                    (I) Congress;
                                    (II) the Secretary of the Interior;
                                    (III) the Governor of the State of 
                                Nevada;
                                    (IV) the Board of County 
                                Commissioners of Lincoln County, 
                                Nevada;
                                    (V) the Board of County 
                                Commissioners of Nye County, Nevada; 
                                and
                                    (VI) the Archivist of the United 
                                States.
                    (D) Administration.--
                            (i) Effect.--The map and legal description 
                        referred to in subparagraph (C) shall have the 
                        same force and effect as if the map and legal 
                        description were included in this Act.
                            (ii) Corrections.--The Secretary may 
                        correct clerical and typographical errors in 
                        the map and legal description and make minor 
                        adjustments in the boundaries of the corridor.
            (2) Withdrawal and reservation.--
                    (A) Public land.--Subject to valid existing rights, 
                the public land depicted on the map referred to in 
                paragraph (1)(C) is withdrawn from all forms of entry, 
                appropriation, and disposal under the public land laws, 
                including the mineral leasing laws, the geothermal 
                laws, the material sale laws, and the mining laws.
                    (B) Administrative jurisdiction.--Administrative 
                jurisdiction over the land is transferred from the 
                Secretary of the Interior to the Secretary.
                    (C) Reservation.--The land is reserved for the use 
                of the Secretary for the construction and operation of 
                transportation facilities and associated activities 
                under title I of the Nuclear Waste Policy Act of 1982 
                (42 U.S.C. 10121 et seq.)
                    (D) Memorandum of understanding.--The Secretary may 
                also enter into a memorandum of understanding with the 
                head of any other agency having administrative 
                jurisdiction over other Federal land used for purposes 
                of the corridor referred to in paragraph (1)(A).
    (c) Environmental Impact.--
            (1) 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 activities 
        carried out under this section.
            (2) Consideration of potential impacts.--To the extent a 
        Federal agency is required to consider the potential 
        environmental impact of an activity carried out under this 
        section, the Federal agency shall adopt, to the maximum extent 
        practicable, an environmental impact statement prepared under 
        this section.
            (3) Effect of adoption of statement.--The adoption by a 
        Federal agency of an environmental impact statement under 
        paragraph (2) shall be considered to satisfy the 
        responsibilities of the Federal agency under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
        no further consideration under that Act shall be required by 
        the Federal agency.

SEC. 8. NEW PLANT CONTRACTS.

    Section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222(a)) is amended by striking paragraph (5) and inserting the 
following--
            ``(5) Required provisions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any contract entered into under this 
                section shall provide that--
                            ``(i) following issuance of a license to 
                        construct and operate facilities to receive and 
                        store spent nuclear fuel at the Yucca Mountain 
                        site, the Secretary shall take title to the 
                        high-level radioactive waste or spent nuclear 
                        fuel involved as expeditiously as practicable 
                        upon the request of the generator or owner of 
                        such waste or spent fuel; and
                            ``(ii) in return for the payment of fees 
                        established by this section, the Secretary, 
                        beginning not later than January 31, 1998, 
                        shall dispose of the high-level radioactive 
                        waste or spent nuclear fuel involved as 
                        provided in this subtitle.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                with respect to a nuclear power facility for which a 
                license application is filed with the Commission after 
                January 1, 2007, under section 103 or 104 of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2133, 2134), a contract 
                entered into under this section shall--
                            ``(i) except as provided in clause (ii) and 
                        any terms and conditions relating to spent 
                        nuclear fuel generated before the date of 
                        enactment of the Nuclear Fuel Management and 
                        Disposal Act, be consistent with the terms and 
                        conditions of the contract entitled `Contract 
                        for Disposal of Spent Nuclear Fuel and/or High-
                        Level Radioactive Waste' that is included in 
                        section 961.11 of title 10 of the Code of 
                        Federal Regulations (as in effect on the date 
                        of enactment of the Nuclear Fuel Management and 
                        Disposal Act);
                            ``(ii) provide for the taking of title to, 
                        and removal of, high-level waste or spent 
                        nuclear fuel beginning not later than 25 years 
                        after the date on which the nuclear power 
                        facility begins commercial operations; and
                            ``(iii) be entered into not later than 60 
                        days after the date on which the license 
                        application is docketed by the Commission.''.

SEC. 9. NUCLEAR WASTE FUND.

    (a) Budget Act Allocations.--Effective for fiscal year 2007 and 
each fiscal year thereafter, funds appropriated from the Nuclear Waste 
Fund established under section 302 of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10222) shall not be subject to--
            (1) the allocations for discretionary spending under 
        section 302(a) of the Congressional Budget Act of 1974 (2 
        U.S.C. 633(a)); or
            (2) the suballocations of appropriations committees under 
        section 302(b) of that Act.
    (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 striking ``with'' and all 
that follows through ``storage site'' and inserting ``with surface 
facilities within the geologic repository operations area (including 
surface facilities for the receipt, handling, packaging, and storage of 
spent nuclear fuel and high-level radioactive waste prior to 
emplacement, or transportation to the repository of spent nuclear fuel 
or high-level radioactive waste to surface facilities for the receipt, 
handling, packaging, and storage of spent nuclear fuel and high-level 
radioactive waste prior to emplacement and the transportation, 
treating, or packaging of spent nuclear fuel or high-level radioactive 
waste to be disposed of in the repository, to be stored in a monitored 
retrievable storage site),''.
    (c) Budget Neutrality.--As soon as practicable after the date of 
enactment of this Act, the Chairperson of the Committee on the Budget 
of the House of Representatives and the Chairperson of the Committee on 
Budget of the Senate shall make adjustments in the allocation of new 
budget authority to the appropriate committees in amounts equal to the 
fees reclassified by subsection (a).

SEC. 10. WASTE CONFIDENCE.

    For purposes of a determination by the Nuclear Regulatory 
Commission on whether to grant or amend any license to operate any 
civilian nuclear power reactor or high-level radioactive waste or spent 
fuel storage or treatment facility under the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.), the provisions of this Act (including the 
amendments made by this Act) and the obligation of the Secretary to 
develop a repository in accordance with the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10101 et seq.), shall provide sufficient and 
independent grounds for any further findings by the Nuclear Regulatory 
Commission of reasonable assurances that spent nuclear fuel and high-
level radioactive waste would be disposed of safely and in a timely 
manner.
                                 <all>