1.This Act may be cited as
the Nuclear Waste Access to Yucca
Act
.
2.In this Act:
(1)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 wasteThe 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)The
term Project means the Yucca Mountain Project.
(4)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)The
term Secretary means the Secretary of Energy.
(6)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)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).
3.
(a)Land
withdrawal; jurisdiction; reservation; acquisition
(1)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withdrawn permanently from any form of entry, appropriation, or disposal under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)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)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)
(1)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)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)
(i)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)The Secretary of the Interior may correct any
clerical or typographical error in the map and legal description referred to in
subparagraph (A).
(c)
(1)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)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)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)
(A)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)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)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)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)
(i)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)
(I)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)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)
(i)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)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)
(A)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)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)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)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)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.
4.Receipt and
storage facilitiesSection
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)If the President
;
and
(2)by adding at the
end the following:
(2)Application for
receipt and storage facilities
(A)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 CommissionThe 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.
.
5.Repeal of
capacity limitationSection
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.
6.Infrastructure
activitiesSection 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 facilitiesAt 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)In
this paragraph:
(i)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 fuelThe 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 wasteAt 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
fuelAt 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.
.
7.
(a)Construction of
rail lineThe 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 facilitiesThe 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)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)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)
(i)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)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)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
jurisdictionAdministrative jurisdiction over the land is
transferred from the Secretary of the Interior to the Secretary.
(C)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
understandingThe 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)
(1)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 impactsTo 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 statementThe 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.
8.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)
(A)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)Notwithstanding
subparagraph (A), with respect to a nuclear power facility for which a license
application is filed with the Commission after January 1, 2008, 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 30 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.
.
9.
(a)Effective for fiscal year 2008 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)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),
.
10.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.