[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3053 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3053

 To amend the Nuclear Waste Policy Act of 1982, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2017

 Mr. Shimkus introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
Natural Resources, and Armed Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Nuclear Waste Policy Act of 1982, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Nuclear Waste 
Policy Amendments Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--MONITORED RETRIEVABLE STORAGE

Sec. 101. Monitored retrievable storage.
Sec. 102. Authorization and priority.
Sec. 103. Conditions for MRS agreements.
Sec. 104. Survey.
Sec. 105. Site selection.
Sec. 106. Benefits agreement.
Sec. 107. Licensing.
                     TITLE II--PERMANENT REPOSITORY

Sec. 201. Land withdrawal, jurisdiction, and reservation.
Sec. 202. Water access.
Sec. 203. Application procedures and infrastructure activities.
Sec. 204. Pending repository license application.
Sec. 205. Limitation on planning, development, or construction of 
                            defense waste repository.
Sec. 206. Sense of Congress regarding transportation routes.
                  TITLE III--DOE CONTRACT PERFORMANCE

Sec. 301. Title to material.
                  TITLE IV--BENEFITS TO HOST COMMUNITY

Sec. 401. Consent.
Sec. 402. Content of agreements.
Sec. 403. Covered units of local government.
Sec. 404. Termination.
Sec. 405. Priority funding for certain institutions of higher 
                            education.
Sec. 406. Disposal of spent nuclear fuel.
Sec. 407. Updated report.
                            TITLE V--FUNDING

Sec. 501. Assessment and collection of fees.
Sec. 502. Use of Waste Fund.
Sec. 503. Annual multi-year budget proposal.
Sec. 504. Availability of certain amounts.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Certain standards and criteria.
Sec. 602. Application.
Sec. 603. Office of Civilian Radioactive Waste Management.

                 TITLE I--MONITORED RETRIEVABLE STORAGE

SEC. 101. MONITORED RETRIEVABLE STORAGE.

    (a) Proposal.--Section 141(b) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10161(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``1985'' and inserting ``2019''; 
                and
                    (B) by striking ``the construction of'';
            (2) in paragraph (2)--
                    (A) by amending subparagraph (C) to read as 
                follows:
            ``(C) designs, specifications, and cost estimates 
        sufficient to--
                    ``(i) solicit bids for the construction of one or 
                more such facilities; and
                    ``(ii) enable completion and operation of such a 
                facility as soon as practicable;'';
                    (B) in subparagraph (D), by striking ``this Act.'' 
                and inserting ``this Act; and''; and
                    (C) by adding at the end the following:
            ``(E) options to enter into MRS agreements with respect to 
        one or more monitored retrievable storage facilities.''; and
            (3) by amending paragraph (4) to read as follows:
    ``(4) The Secretary shall, not later than 90 days after the date of 
enactment of the Nuclear Waste Policy Amendments Act of 2017, publish a 
request for information to help the Secretary evaluate options for the 
Secretary to enter into MRS agreements with respect to one or more 
monitored retrievable storage facilities.''.
    (b) Additional Amendments.--
            (1) In general.--Section 141 of the Nuclear Waste Policy 
        Act of 1982 (42 U.S.C. 10161) is further amended--
                    (A) in subsection (c)(2)--
                            (i) by striking ``If the Congress'' and all 
                        that follows through ``monitored retrievable 
                        storage facility, the'' and inserting ``The''; 
                        and
                            (ii) by striking ``construction of such 
                        facility'' and inserting ``construction of a 
                        monitored retrievable storage facility''; and
                    (B) by striking subsections (d) through (h).
            (2) Definitions.--Section 2 of the Nuclear Waste Policy Act 
        of 1982 (42 U.S.C. 10101) is amended--
                    (A) in paragraph (34), by striking ``the storage 
                facility'' and inserting ``a storage facility''; and
                    (B) by adding at the end the following:
            ``(35) The term `MRS agreement' means a cooperative 
        agreement, contract, or other mechanism that the Secretary 
        considers appropriate to support the storage of Department-
        owned civilian waste in one or more monitored retrievable 
        storage facilities as authorized under section 142(b)(2).
            ``(36) The term `Department-owned civilian waste' means 
        high-level radioactive waste, or spent nuclear fuel, resulting 
        from civilian nuclear activities, to which the Department holds 
        title.''.
            (3) Technical amendments.--Section 146 of the Nuclear Waste 
        Policy Act of 1982 (42 U.S.C. 10166) is amended--
                    (A) in subsection (a), by striking ``such 
                subsection'' and inserting ``subsection (f) of such 
                section''; and
                    (B) in subsection (b), by striking ``this 
                subsection'' and inserting ``this section''.

SEC. 102. AUTHORIZATION AND PRIORITY.

    Section 142 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10162) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Authorization.--Subject to the requirements of this subtitle, 
the Secretary is authorized to--
            ``(1) site, construct, and operate one or more monitored 
        retrievable storage facilities; and
            ``(2) store, pursuant to an MRS agreement, Department-owned 
        civilian waste at a monitored retrievable storage facility for 
        which a non-Federal entity holds a license described in section 
        143(1).
    ``(c) Priority.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall prioritize storage of Department-owned civilian 
        waste at a monitored retrievable storage facility authorized 
        under subsection (b)(2).
            ``(2) Exception.--
                    ``(A) Determination.--Paragraph (1) shall not apply 
                if the Secretary determines that it will be faster and 
                less expensive to site, construct, and operate a 
                facility authorized under subsection (b)(1), in 
                comparison to a facility authorized under subsection 
                (b)(2).
                    ``(B) Notification.--Not later than 30 days after 
                the Secretary makes a determination described in 
                subparagraph (A), the Secretary shall submit to 
                Congress written notification of such determination.''.

SEC. 103. CONDITIONS FOR MRS AGREEMENTS.

    (a) Amendment.--Section 143 of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10163) is amended to read as follows:

``SEC. 143. CONDITIONS FOR MRS AGREEMENTS.

    ``The Secretary may not enter into an MRS agreement under section 
142(b)(2) unless--
            ``(1) the monitored retrievable storage facility with 
        respect to which the MRS agreement applies has been licensed by 
        the Commission under the Atomic Energy Act of 1954 (42 U.S.C. 
        2011 et seq.);
            ``(2) the non-Federal entity that is a party to the MRS 
        agreement has approval to store Department-owned civilian waste 
        at such facility from each of--
                    ``(A) the Governor of the State in which the 
                facility is located;
                    ``(B) any unit of general local government with 
                jurisdiction over the area in which the facility is 
                located; and
                    ``(C) any affected Indian tribe;
            ``(3) the Commission has issued a final decision approving 
        or disapproving the issuance of a construction authorization 
        for a repository under section 114(d)(1); and
            ``(4) the MRS agreement provides that the quantity of high-
        level radioactive waste and spent nuclear fuel at the site of 
        the facility at any one time will not exceed the limits 
        described in section 148(d)(3) and (4).''.
    (b) Conforming Amendment.--The item relating to section 143 in the 
table of contents for the Nuclear Waste Policy Act of 1982 is amended 
to read as follows:

``Sec. 143. Conditions for MRS agreements.''.

SEC. 104. SURVEY.

    Section 144 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10164) is amended--
            (1) by striking ``After the MRS Commission submits its 
        report to the Congress under section 143, the'' and inserting 
        ``(a) In General.--The'';
            (2) in paragraph (6), by striking ``; and'' and inserting a 
        semicolon;
            (3) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding after paragraph (7) the following:
            ``(8) be acceptable to State authorities, affected units of 
        local government, and affected Indian tribes.
    ``(b) Request for Proposals.--The Secretary shall issue a request 
for proposals for an MRS agreement authorized under section 142(b)(2) 
before conducting a survey and evaluation under subsection (a), and 
shall consider any proposals received in response to such request in 
making the evaluation.''.

SEC. 105. SITE SELECTION.

    Section 145 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10165) is amended--
            (1) in subsection (a)--
                    (A) by striking ``select the site evaluated'' and 
                inserting ``select a site evaluated''; and
                    (B) by striking ``the most''; and
            (2) by striking subsection (g).

SEC. 106. BENEFITS AGREEMENT.

    Section 147 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10167) is amended--
            (1) by inserting ``the Secretary intends to construct and 
        operate under section 142(b)(1)'' after ``storage facility''; 
        and
            (2) by inserting ``or once a non-Federal entity enters into 
        an MRS agreement under section 142(b)(2),'' after ``section 
        145,''.

SEC. 107. LICENSING.

    (a) Review of License Application.--Section 148(c) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10168(c)) is amended by striking 
``section 142(b)'' and inserting ``section 142(b)(1)''.
    (b) Licensing Conditions.--Section 148(d) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10168(d)) is amended--
            (1) in paragraph (1), by striking ``has issued a license 
        for the construction of a repository under section 115(d)'' and 
        inserting ``has issued a final decision approving or 
        disapproving the issuance of a construction authorization for a 
        repository under section 114(d)(1)''; and
            (2) in paragraph (2), by striking ``or construction of the 
        repository ceases''.

                     TITLE II--PERMANENT REPOSITORY

SEC. 201. LAND WITHDRAWAL, JURISDICTION, AND RESERVATION.

    (a) Land Withdrawal, Jurisdiction, and Reservation.--
            (1) Land withdrawal.--Subject to valid existing rights and 
        except as provided otherwise in this section, the lands 
        described in subsection (c) are withdrawn permanently from all 
        forms of entry, appropriation, and disposal under the public 
        land laws, including the mineral leasing laws, the geothermal 
        leasing laws, and the mining laws.
            (2) Jurisdiction.--Except as otherwise provided in this 
        section, jurisdiction over the withdrawal is vested in the 
        Secretary. There are transferred to the Secretary the lands 
        within the withdrawal under the jurisdiction of the Secretary 
        concerned on the effective date described in subsection (j)(1).
            (3) Reservation.--The withdrawal is reserved for use by the 
        Secretary for development, preconstruction testing and 
        performance confirmation, licensing, construction, management 
        and operation, monitoring, closure, postclosure, 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 2001, are revoked.
    (c) Land Description.--
            (1) Boundaries.--The lands and interests in lands withdrawn 
        and reserved by this section 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.--Not later than 120 days 
        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 withdrawal; and
                    (B) file copies of the maps described in paragraph 
                (1) and the legal description of the withdrawal with 
                the 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 they were included in this section. The Secretary of the 
        Interior may correct clerical and typographical errors in the 
        maps and legal description.
    (d) Relationship to Other Reservations.--The provisions of subtitle 
A of title XXX of the Military Lands Withdrawal Act of 1999 (sections 
3011-3023 of Public Law 106-65) and of Public Land Order 2568 do not 
apply to the lands withdrawn and reserved for use by the Secretary 
under subsection (a). This Act does not apply to any other lands 
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 shall manage the 
        lands withdrawn by subsection (a) consistent with the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
        seq.), this section, and other applicable law. The Secretary 
        shall consult with the Secretary concerned in discharging that 
        responsibility.
            (2) Management plan.--
                    (A) Development.--The Secretary, after consulting 
                with the Secretary concerned, shall develop a 
                management plan for the use of the withdrawal. Within 3 
                years after the date of enactment of this Act, the 
                Secretary shall submit the management plan to the 
                Congress and the State of Nevada.
                    (B) Priority of yucca mountain project-related 
                issues.--Subject to subparagraphs (C) and (D), any use 
                of the withdrawal for activities not associated with 
                the Project is subject to conditions and restrictions 
                that the Secretary considers 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 
                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 
                concerning Air Force activities.
                    (D) Other non-yucca-mountain-project uses.--The 
                management plan shall provide for the maintenance of 
                wildlife habitat and shall provide that the Secretary 
                may permit non-Project-related uses that the Secretary 
                considers appropriate, including domestic livestock 
                grazing and hunting and trapping in accordance with the 
                following requirements:
                            (i) Grazing.--The Secretary may permit 
                        grazing to continue where established before 
                        the effective date described in subsection 
                        (j)(1), subject to regulations, policies, and 
                        practices that the Secretary, after consulting 
                        with the Secretary of the Interior, determines 
                        to be necessary or appropriate. The management 
                        of grazing shall be conducted in accordance 
                        with applicable grazing laws and policies, 
                        including--
                                    (I) the Act commonly known as the 
                                ``Taylor Grazing Act'' (43 U.S.C. 315 
                                et seq.);
                                    (II) title IV of the Federal Land 
                                Policy and 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.).
                            (ii) Hunting and trapping.--The Secretary 
                        may permit hunting and trapping within the 
                        withdrawal where established before the 
                        effective date described in subsection (k)(1), 
                        except that the Secretary, after consulting 
                        with the Secretary of the Interior and the 
                        State of Nevada, may designate zones where, and 
                        establish periods when, no hunting or trapping 
                        is permitted for reasons of public safety, 
                        national security, administration, or public 
                        use and enjoyment.
                    (E) Mining.--
                            (i) In general.--Except as provided in 
                        clause (ii), surface or subsurface mining or 
                        oil or gas production, including slant drilling 
                        from outside the boundaries of the withdrawal, 
                        is not permitted at any time on lands on or 
                        under the withdrawal. The Secretary of the 
                        Interior shall evaluate and adjudicate the 
                        validity of all unpatented mining claims on the 
                        portion of the withdrawal that, on the date of 
                        enactment of this Act, was under the control of 
                        the Bureau of Land Management. The Secretary 
                        shall provide just compensation for the 
                        acquisition of any valid property right.
                            (ii) Cind-R-Lite mine.--Patented Mining 
                        Claim No. 27-83-0002, covering the Cind-R-Lite 
                        Mine, shall not be affected by establishment of 
                        the withdrawal set forth in subsection (a)(1). 
                        In that event, the Secretary shall provide just 
                        compensation.
                    (F) Limited public access.--The management plan may 
                provide for limited public access to the portion of the 
                withdrawal under Bureau of Land Management control on 
                the effective date described in subsection (j)(1). 
                Permitted uses may include continuation of the Nye 
                County Early Warning Drilling Program, utility 
                corridors, and other uses the Secretary, after 
                consulting with the Secretary of the Interior, 
                considers consistent with the purposes of the 
                withdrawal.
            (3) Closure.--If the Secretary, after consulting with the 
        Secretary concerned, determines that the health and safety of 
        the public or the common defense and security require the 
        closure of a road, trail, or other portion of the withdrawal, 
        or the airspace above the withdrawal, the Secretary may effect 
        and maintain the closure and shall provide notice of the 
        closure.
            (4) Implementation.--The Secretary and the Secretary 
        concerned shall implement the management plan developed under 
        paragraph (2) under terms and conditions on which they agree.
    (f) Immunity.--The United States and its departments and agencies 
shall be held harmless and shall not be liable for damages to persons 
or property suffered in the course of any mining, mineral leasing, or 
geothermal leasing activity conducted on the withdrawal.
    (g) Land Acquisition.--The Secretary may acquire lands and 
interests in lands within the withdrawal. Those lands and interests in 
lands may be acquired by donation, purchase, lease, exchange, easement, 
rights-of-way, or other appropriate methods using donated or 
appropriated funds. The Secretary of the Interior shall conduct any 
exchange of lands within the withdrawal for Federal lands outside the 
withdrawal.
    (h) Air Quality Permits and Requirements.--
            (1) Preemption.--No State or unit of general local 
        government thereof may issue, implement, or enforce any air 
        quality permit, or requirement relating to air quality, with 
        respect to any Federal facility or activity described in 
        paragraph (2).
            (2) Federal facility or activity.--A Federal facility or 
        activity described in this paragraph is a Federal facility or 
        activity that is--
                    (A) subject to the requirements of the Nuclear 
                Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);
                    (B) for the purpose of siting, constructing, or 
                operating a repository, including the support of any 
                such siting, constructing, or operating; and
                    (C) located, or occurring, in the withdrawal.
    (i) 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 with respect 
to any material--
            (1) as such material is transported to a repository for 
        disposal at such repository; or
            (2) as, or after, such material is disposed of in a 
        repository.
    (j) Definitions.--
            (1) Nuclear waste policy act of 1982 definitions.--For 
        purposes of this section, the terms ``disposal'', ``high-level 
        radioactive waste'', ``repository'', ``Secretary'', and ``spent 
        nuclear fuel'' have the meaning given those terms in section 2 
        of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
            (2) Other definitions.--For purposes of this section--
                    (A) the term ``withdrawal'' means the geographic 
                area consisting of the land described in subsection 
                (c);
                    (B) the term ``Secretary concerned'' means the 
                Secretary of the Air Force or the Secretary of the 
                Interior, or both, as appropriate; and
                    (C) the term ``Project'' means the Yucca Mountain 
                Project.
    (k) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall take effect on the date on which the Nuclear 
        Regulatory Commission issues a final decision approving the 
        issuance of a construction authorization for a repository under 
        section 114(d)(1) of the Nuclear Waste Policy Act of 1982 (42 
        U.S.C. 10134(d)) (as so designated by this Act).
            (2) Exceptions.--Subsections (c), (e)(2)(A), (h), (i), and 
        (j) shall take effect on the date of enactment of this Act.

SEC. 202. WATER ACCESS.

    (a) Amendments.--Section 124 of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10144) is amended--
            (1) by inserting ``(a) Water Rights Acquisition Effect.--'' 
        before ``The Secretary shall give full''; and
            (2) by adding at the end the following new subsection:
    ``(b) Beneficial Use of Water.--Notwithstanding any other Federal, 
State, or local law, the use of water from any source in quantities 
sufficient to accomplish the purposes of this subtitle to carry out 
Department functions under this subtitle is declared to be a use that 
is beneficial to interstate commerce and that does not threaten to 
prove detrimental to the public interest. A State shall not enact or 
apply a law that discriminates against this use. The Secretary, through 
purchase or otherwise, may obtain water rights necessary to carry out 
Department functions under this subtitle.''.
    (b) Effective Date.--This section shall take effect on the date on 
which the Nuclear Regulatory Commission issues a final decision 
approving the issuance of a construction authorization for a repository 
under section 114(d)(1) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10134(d)) (as so designated by this Act).

SEC. 203. APPLICATION PROCEDURES AND INFRASTRUCTURE ACTIVITIES.

    (a) 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) by striking ``The Commission shall consider'' and 
        inserting the following:
            ``(1) Applications for construction authorization.--The 
        Commission shall consider'';
            (2) by striking ``the expiration of 3 years after the date 
        of the submission of such application'' and inserting ``18 
        months after the date of enactment of the Nuclear Waste Policy 
        Amendments Act of 2017'';
            (3) by striking ``The Commission decision approving the 
        first such application'' and all that follows through 
        ``monitored retrievable storage facility until such time as a 
        second repository is in operation.''; and
            (4) by adding at the end the following new paragraphs:
            ``(2) Applications to amend.--If the Commission issues a 
        construction authorization for a repository pursuant to 
        paragraph (1) and the Secretary submits an application to amend 
        such authorization, the Commission shall consider the 
        application to amend using expedited, informal procedures, 
        including discovery procedures that minimize the burden on the 
        parties to produce documents. The Commission shall issue a 
        final decision on such application to amend within 1 year after 
        the date of submission of such application, except that the 
        Commission may extend such deadline by not more than 6 months 
        if, not less than 30 days before such deadline, the Commission 
        complies with the reporting requirements established in 
        subsection (e)(2).
            ``(3) Infrastructure activities.--
                    ``(A) In general.--At any time before or after the 
                Commission issues a final decision approving or 
                disapproving the issuance of a construction 
                authorization for a repository pursuant to paragraph 
                (1), the Secretary may undertake infrastructure 
                activities that the Secretary considers necessary or 
                appropriate to support construction or operation of a 
                repository at the Yucca Mountain site or transportation 
                to such site of spent nuclear fuel and high-level 
                radioactive waste. Infrastructure activities include 
                safety upgrades, site preparation, 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 construction, upgrade, 
                acquisition, or operation of electrical grids or 
                facilities, other utilities, communication facilities, 
                access roads, and nonnuclear support facilities.
                    ``(B) Environmental analysis.--If the Secretary 
                determines that an environmental analysis is required 
                under the National Environmental Policy Act of 1969 
                with respect to an infrastructure activity undertaken 
                under this paragraph, the Secretary need not consider 
                alternative actions or a no-action alternative. To the 
                extent any other Federal agency must consider the 
                potential environmental impact of such an 
                infrastructure activity, the agency shall adopt, to the 
                extent practicable, any environmental analysis prepared 
                by the Secretary under this subparagraph without 
                further action. Such adoption satisfies the 
                responsibilities of the adopting agency under the 
                National Environmental Policy Act of 1969, and no 
                further action is required by the agency.
                    ``(C) No grounds for disapproval.--The Commission 
                may not disapprove, on the grounds that the Secretary 
                undertook an infrastructure activity under this 
                paragraph--
                            ``(i) the issuance of a construction 
                        authorization for a repository pursuant to 
                        paragraph (1);
                            ``(ii) a license to receive and possess 
                        spent nuclear fuel and high-level radioactive 
                        waste; or
                            ``(iii) any other action concerning the 
                        repository.''.
    (b) Connected Actions.--Section 114(f)(6) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10134(f)(6)) is amended by striking ``or 
nongeologic alternatives to such site'' and inserting ``nongeologic 
alternatives to such site, or an action connected or otherwise related 
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''.

SEC. 204. PENDING REPOSITORY LICENSE APPLICATION.

    Nothing in this Act or the amendments made by this Act shall be 
construed to require the Secretary to amend or otherwise modify an 
application for a construction authorization described in section 
114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) 
pending as of the date of enactment of this Act.

SEC. 205. LIMITATION ON PLANNING, DEVELOPMENT, OR CONSTRUCTION OF 
              DEFENSE WASTE REPOSITORY.

    (a) Limitation.--The Secretary of Energy may not take any action 
relating to the planning, development, or construction of a defense 
waste repository until the date on which the Nuclear Regulatory 
Commission issues a final decision approving or disapproving the 
issuance of a construction authorization for a repository under section 
114(d)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) 
(as so designated by this Act).
    (b) Definitions.--In this section--
            (1) the terms ``atomic energy defense activity'', ``high-
        level radioactive waste'', ``repository'', and ``spent nuclear 
        fuel'' have the meanings given those terms in section 2 of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101); and
            (2) the term ``defense waste repository'' means the 
        repository for high-level radioactive waste and spent nuclear 
        fuel derived from the atomic energy defense activities of the 
        Department of Energy, as described in the draft plan of the 
        Department titled ``Draft Plan for a Defense Waste Repository'' 
        published on December 16, 2016.

SEC. 206. SENSE OF CONGRESS REGARDING TRANSPORTATION ROUTES.

    It is the sense of Congress that the Secretary of Energy should 
consider routes for the transportation of spent nuclear fuel or high-
level radioactive waste transported by or for the Secretary under 
subtitle A of title I of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10131 et seq.) to the Yucca Mountain site that, to the extent 
practicable, avoid Las Vegas, Nevada.

                  TITLE III--DOE CONTRACT PERFORMANCE

SEC. 301. TITLE TO MATERIAL.

    Section 123 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10143) is amended--
            (1) by striking ``Delivery'' and inserting ``(a) In 
        General.--Delivery'';
            (2) by striking ``repository constructed under this 
        subtitle'' and inserting ``repository or monitored retrievable 
        storage facility''; and
            (3) by adding at the end the following new subsection:
    ``(b) Contract Modification.--The Secretary may enter into new 
contracts or negotiate modifications to existing contracts, with any 
person who generates or holds title to high-level radioactive waste or 
spent nuclear fuel of domestic origin, for acceptance of title, 
subsequent transportation, and storage of such high-level radioactive 
waste or spent nuclear fuel (including to expedite such acceptance of 
title, transportation, and storage of such waste or fuel from 
facilities that have ceased commercial operation) at a monitored 
retrievable storage facility authorized under subtitle C.''.

                  TITLE IV--BENEFITS TO HOST COMMUNITY

SEC. 401. CONSENT.

    Section 170 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10173) is amended--
            (1) in subsection (c), by striking ``shall offer'' and 
        inserting ``may offer'';
            (2) in subsection (d), by striking ``shall'' and inserting 
        ``may'';
            (3) in subsection (e)--
                    (A) by inserting a comma after ``repository''; and
                    (B) by inserting ``per State,'' after ``facility''; 
                and
            (4) by adding at the end the following new subsection:
    ``(g) Consent.--The acceptance or use of any of the benefits 
provided under a benefits agreement under this section by the State of 
Nevada shall not be considered to be an expression of consent, express 
or implied, to the siting of a repository in such State.''.

SEC. 402. CONTENT OF AGREEMENTS.

    (a) Benefits Schedule.--The table in section 171(a)(1) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10173a(a)(1)) is amended to 
read as follows:

                                               ``BENEFITS SCHEDULE
----------------------------------------------------------------------------------------------------------------
                             Event                                        MRS                   Repository
----------------------------------------------------------------------------------------------------------------
(A) Annual payments prior to first spent fuel receipt.........               $5,000,000              $15,000,000
----------------------------------------------------------------------------------------------------------------
(B) Upon first spent fuel receipt.............................              $10,000,000     The amount described
                                                                                         in section 302(f)(1)(B)
----------------------------------------------------------------------------------------------------------------
(C) Annual payments after first spent fuel receipt until                    $10,000,000    The amounts described
 closure of the facility......................................                                        in section
                                                                                                 302(f)(1)(C)''.
----------------------------------------------------------------------------------------------------------------

    (b) Restrictions on Use.--Section 171(a) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10173a(a)) is amended--
            (1) in paragraph (6), by striking ``paragraph (7)'' and 
        inserting ``paragraphs (7) and (8)''; and
            (2) by adding at the end the following new paragraph:
    ``(8) None of the payments under this section may be used--
            ``(A) directly or indirectly to influence legislative 
        action on any matter pending before Congress or a State 
        legislature or for any lobbying activity as provided in section 
        1913 of title 18, United States Code;
            ``(B) for litigation purposes; or
            ``(C) to support multistate efforts or other coalition-
        building activities inconsistent with the siting, construction, 
        or operation of the monitored retrievable storage facility or 
        repository concerned.''.
    (c) Contents.--Section 171(b) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10173a(b)) is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraphs (3) through (5) as 
        paragraphs (2) through (4), respectively.
    (d) Payments From the Waste Fund.--Section 171(c) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10173a(c)) is amended by striking 
the first sentence and inserting the following: ``The Secretary shall 
make payments to the State of Nevada under a benefits agreement 
concerning a repository under section 170 from the Waste Fund.''.

SEC. 403. COVERED UNITS OF LOCAL GOVERNMENT.

    (a) In General.--The Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101 et seq.) is amended by inserting after section 172 the following 
new section:

``SEC. 172A. COVERED UNITS OF LOCAL GOVERNMENT.

    ``(a) Benefits Agreement.--Not earlier than 1 year after the date 
of enactment of this section, the Secretary may enter into a benefits 
agreement with any covered unit of local government concerning a 
repository for the acceptance of high-level radioactive waste or spent 
nuclear fuel in the State of Nevada.
    ``(b) Content of Agreements.--In addition to any benefits to which 
a covered unit of local government is entitled under this Act, the 
Secretary shall make payments to such covered unit of local government 
that is a party to a benefits agreement under subsection (a) to 
mitigate impacts described in section 175(b).
    ``(c) Payments From Waste Fund.--The Secretary shall make payments 
to a covered unit of local government under a benefits agreement under 
this section from the Waste Fund.
    ``(d) Restriction on Use.--None of the payments made pursuant to a 
benefits agreement under this section may be used--
            ``(1) directly or indirectly to influence legislative 
        action on any matter pending before Congress or a State 
        legislature or for any lobbying activity as provided in section 
        1913 of title 18, United States Code;
            ``(2) for litigation purposes; or
            ``(3) to support multistate efforts or other coalition-
        building activities inconsistent with the siting, construction, 
        or operation of the repository.
    ``(e) Consent.--The acceptance or use of any of the benefits 
provided under a benefits agreement under this section by any covered 
unit of local government shall not be considered to be an expression of 
consent, express or implied, to the siting of a repository in the State 
of Nevada.
    ``(f) Covered Unit of Local Government Defined.--In this section, 
the term `covered unit of local government' means--
            ``(1) any affected unit of local government with respect to 
        a repository; and
            ``(2) any unit of general local government in the State of 
        Nevada.''.
    (b) Conforming Amendments.--
            (1) Benefits agreement.--Section 170(a)(4) of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10173(a)(4)) is amended--
                    (A) by inserting ``made available pursuant to a 
                benefits agreement under this section'' after ``under 
                this subtitle''; and
                    (B) by striking ``with a benefits agreement under 
                this section'' and inserting ``with such benefits 
                agreement''.
            (2) Limitation.--Section 170(e) of the Nuclear Waste Policy 
        Act of 1982 (42 U.S.C. 10173(e)) is further amended by 
        inserting ``under this section'' after ``may be in effect''.
            (3) Table of contents.--The table of contents for the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 note) is 
        amended by adding after the item relating to section 172, the 
        following:

``Sec. 172A. Covered units of local government.''.

SEC. 404. TERMINATION.

    Section 173 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10173c) is amended--
            (1) in subsection (a)--
                    (A) by striking ``under this title if'' and 
                inserting ``under this title'';
                    (B) in paragraph (1), by inserting ``concerning a 
                repository or a monitored retrievable storage facility, 
                if'' before ``the site under consideration''; and
                    (C) in paragraph (2), by striking ``the Secretary 
                determines that the Commission cannot license the 
                facility within a reasonable time'' and inserting 
                ``concerning a repository, if the Commission issues a 
                final decision disapproving the issuance of a 
                construction authorization for a repository under 
                section 114(d)(1)''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Termination by State or Indian Tribe.--A State, covered unit 
of local government (as defined in section 172A), or Indian tribe may 
only terminate a benefits agreement under this title--
            ``(1) concerning a repository or a monitored retrievable 
        storage facility, if the Secretary disqualifies the site under 
        consideration for its failure to comply with technical 
        requirements established by the Secretary in accordance with 
        this Act; or
            ``(2) concerning a repository, if the Commission issues a 
        final decision disapproving the issuance of a construction 
        authorization for a repository under section 114(d)(1).''.

SEC. 405. PRIORITY FUNDING FOR CERTAIN INSTITUTIONS OF HIGHER 
              EDUCATION.

    Subtitle G of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10174 
et seq.) is amended by adding at the end the following new section:

``SEC. 176. PRIORITY FUNDING FOR CERTAIN INSTITUTIONS OF HIGHER 
              EDUCATION.

    ``(a) In General.--In providing any funding to institutions of 
higher education from the Waste Fund, the Secretary shall prioritize 
institutions of higher education that are located in the State of 
Nevada.
    ``(b) Definition.--In this section, the term `institution of higher 
education' has the meaning given that term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001).''.

SEC. 406. DISPOSAL OF SPENT NUCLEAR FUEL.

    Section 122 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10142) is amended by adding at the end the following: ``Any economic 
benefits derived from the retrieval of spent nuclear fuel pursuant to 
this section shall be shared with the State in which the repository is 
located, affected units of local government, and affected Indian 
tribes.''.

SEC. 407. UPDATED REPORT.

    Section 175(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10174a(a)) is amended by striking ``Nuclear Waste Policy Amendments Act 
of 1987'' and inserting ``Nuclear Waste Policy Amendments Act of 
2017''.

                            TITLE V--FUNDING

SEC. 501. ASSESSMENT AND COLLECTION OF FEES.

    (a) In General.--Section 302(a)(4) of the Nuclear Waste Policy Act 
of 1982 (42 U.S.C. 10222(a)(4)) is amended--
            (1) in the first sentence--
                    (A) by striking ``(4) Not later than'' and 
                inserting the following:
            ``(4) Assessment, collection, and payment of fees.--
                    ``(A) Assessment of fees.--Not later than'';
                    (B) by striking ``the date of enactment of this 
                Act'' and inserting ``the date of enactment of the 
                Nuclear Waste Policy Amendments Act of 2017''; and
                    (C) by striking ``collection and payment'' and 
                inserting ``assessment'';
            (2) in the second sentence, by striking ``collection of the 
        fee'' and inserting ``such amount'';
            (3) in the third sentence, by striking ``are being 
        collected'' and inserting ``will result from such amounts'';
            (4) in the fifth sentence, by striking ``a period of 90 
        days of continuous session'' and all that follows through the 
        period at the end and inserting ``the date that is 180 days 
        after the date of such transmittal.''; and
            (5) by adding at the end the following:
                    ``(B) Collection and payment of fees.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of Nuclear Waste 
                        Policy Amendments Act of 2017, the Secretary 
                        shall establish procedures for the collection 
                        and payment of the fees established by 
                        paragraph (2) and paragraph (3), or adjusted 
                        pursuant to subparagraph (A).
                            ``(ii) Limitation on collection.--The 
                        Secretary may not collect a fee established 
                        under paragraph (2), including a fee 
                        established under paragraph (2) and adjusted 
                        pursuant to subparagraph (A)--
                                    ``(I) until the date on which the 
                                Commission issues a final decision 
                                approving or disapproving the issuance 
                                of a construction authorization for a 
                                repository under section 114(d)(1); and
                                    ``(II) after such date, in an 
                                amount that will cause the total amount 
                                of fees collected under this subsection 
                                in any fiscal year to exceed 90 percent 
                                of the amounts appropriated for that 
                                fiscal year for purposes described in 
                                subsection (d).
                            ``(iii) Payment of full amounts.--
                        Notwithstanding the non-collection of a fee by 
                        the Secretary pursuant to clause (ii) in any 
                        fiscal year, a person who has entered into a 
                        contract with the Secretary under this 
                        subsection shall pay any uncollected amounts 
                        when determined necessary by the Secretary, 
                        subject to clause (ii), for purposes described 
                        in subsection (d).''.
    (b) Authority To Modify Contracts.--The Secretary of Energy may 
seek to modify a contract entered into under section 302(a) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) before the date 
of enactment of this Act to ensure that the contract complies with the 
provisions of such section, as amended by this Act.
    (c) Technical and Conforming Amendments.--Section 302(a) of the 
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) is amended--
            (1) in paragraph (1), by striking ``paragraphs (2) and 
        (3)'' and inserting ``paragraphs (2), (3), and (4)'';
            (2) in paragraph (3), by striking ``126(b)''; and
            (3) in paragraph (4), by striking ``insure'' and inserting 
        ``ensure''.

SEC. 502. USE OF WASTE FUND.

    (a) In General.--Section 302(d) of the Nuclear Waste Policy Act of 
1982 (42 U.S.C. 10222(d)) is amended--
            (1) in paragraph (1), by striking ``maintenance and 
        monitoring'' and all that follows through the semicolon at the 
        end and inserting ``maintenance and monitoring of any 
        repository or test and evaluation facility constructed under 
        this Act;'';
            (2) in paragraph (4), by striking ``to be disposed of'' and 
        all that follows through the semicolon at the end and inserting 
        ``to be disposed of in a repository or to be used in a test and 
        evaluation facility;'';
            (3) in paragraph (5), by striking ``at a repository site'' 
        and all that follows through the end and inserting ``at a 
        repository site or a test and evaluation facility site and 
        necessary or incident to such repository or test and evaluation 
        facility;'';
            (4) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (5) by inserting after paragraph (6) the following:
            ``(7) payments under benefits agreements for a repository 
        entered into under section 170 or 172A.''.
    (b) Conforming Amendments.--Section 117(d) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10137(d)) is amended by inserting 
``designated with respect to a repository'' after ``such 
representatives''.

SEC. 503. ANNUAL MULTI-YEAR BUDGET PROPOSAL.

    Section 302(e)(2) of the Nuclear Waste Policy Act of 1982 (42 
U.S.C. 10222(e)(2)) is amended by striking ``triennially'' and 
inserting ``annually''.

SEC. 504. AVAILABILITY OF CERTAIN AMOUNTS.

    Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222) is amended by adding at the end the following:
    ``(f) Availability of Certain Amounts.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, for the purposes described in subsection (d) that 
        are specified in subparagraphs (A) through (E) of this 
        paragraph, the following amounts from the Waste Fund shall be 
        available to the Secretary without further appropriation:
                    ``(A) An amount equal to 1 percent of 2017 Waste 
                Fund amounts, on the date on which high-level 
                radioactive waste or spent nuclear fuel is received at 
                the Yucca Mountain site, and in each of the 25 years 
                thereafter, for costs associated with construction and 
                operation of a repository or facilities at the Yucca 
                Mountain site.
                    ``(B) An amount equal to 1 percent of 2017 Waste 
                Fund amounts, on the date on which high-level 
                radioactive waste or spent nuclear fuel is received at 
                the Yucca Mountain site, to make payments under a 
                benefits agreement entered into under section 170 with 
                the State of Nevada concerning a repository.
                    ``(C) An amount equal to 0.1 percent of 2017 Waste 
                Fund amounts, on the date that is one year after the 
                date on which high-level radioactive waste or spent 
                nuclear fuel is received at the Yucca Mountain site, 
                and in each year thereafter until closure of the 
                repository, to make payments under a benefits agreement 
                entered into under section 170 with the State of Nevada 
                concerning a repository.
                    ``(D) An amount equal to 20 percent of 2017 Waste 
                Fund amounts, on the date on which monitoring of the 
                repository during the decommissioning period commences, 
                for waste package and drip shield fabrication 
                activities.
                    ``(E) An amount equal to the amount of any fee 
                collected pursuant to subsection (a)(3) after the date 
                of enactment of the Nuclear Waste Policy Amendments Act 
                of 2017, on the date on which such fee is collected, 
                for costs associated with construction and operation of 
                a repository or facilities at the Yucca Mountain site.
            ``(2) 2017 waste fund amounts.--For purposes of this 
        subsection, the term `2017 Waste Fund amounts' means the 
        amounts in the Waste Fund on the date of enactment of the 
        Nuclear Waste Policy Amendments Act of 2017.''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. CERTAIN STANDARDS AND CRITERIA.

    (a) Generally Applicable Standards and Criteria.--
            (1) Environmental protection agency standards.--
                    (A) Determination and report.--Not later than 2 
                years after the Nuclear Regulatory Commission has 
                issued a final decision approving or disapproving the 
                issuance of a construction authorization for a 
                repository under section 114(d)(1) of the Nuclear Waste 
                Policy Act of 1982 (42 U.S.C. 10134(d)) (as so 
                designated by this Act), the Administrator of the 
                Environmental Protection Agency shall--
                            (i) determine if the generally applicable 
                        standards promulgated under section 121(a) of 
                        the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
                        10141(a)) should be updated; and
                            (ii) submit to Congress a report on such 
                        determination.
                    (B) Rule.--If the Administrator of the 
                Environmental Protection Agency determines, under 
                subparagraph (A), that the generally applicable 
                standards promulgated under section 121(a) of the 
                Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(a)) 
                should be updated, the Administrator, not later than 2 
                years after submission of the report under subparagraph 
                (A)(ii), shall, by rule, promulgate updated generally 
                applicable standards under such section.
            (2) Commission requirements and criteria.--Not later than 2 
        years after the Administrator of the Environmental Protection 
        Agency promulgates updated generally applicable standards 
        pursuant to paragraph (1)(B), the Commission shall, by rule, 
        promulgate updated technical requirements and criteria under 
        section 121(b) of the Nuclear Waste Policy Act of 1982 (42 
        U.S.C. 10141(b)) as necessary to be consistent with such 
        updated generally applicable standards.
    (b) Site-Specific Standards and Criteria.--Nothing in this section 
shall affect the standards, technical requirements, and criteria 
promulgated by the Administrator of the Environmental Protection Agency 
and the Nuclear Regulatory Commission for the Yucca Mountain site under 
section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note).

SEC. 602. APPLICATION.

    Section 135 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10155) is amended by striking subsection (h) and redesignating 
subsection (i) as subsection (h).

SEC. 603. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

    (a) Amendment to the Nuclear Waste Policy Act of 1982.--Subsection 
(b) of section 304 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10224(b)) is amended to read as follows:
    ``(b) Director.--
            ``(1) Functions.--The Director of the Office shall be 
        responsible for carrying out the functions of the Secretary 
        under this Act. The Director of the Office shall report 
        directly to the Secretary.
            ``(2) Qualifications.--The Director of the Office shall be 
        appointed from among persons who have extensive expertise and 
        experience in organizational and project management.
            ``(3) Tenure.--The Director of the Office may serve not 
        more than two 5-year terms.
            ``(4) Service during interim period.--Upon expiration of 
        the Director's term, the Director may continue to serve until 
        the earlier of--
                    ``(A) the date on which a new Director is 
                confirmed; or
                    ``(B) the date that is one year after the date of 
                such expiration.
            ``(5) Removal.--The President may remove the Director only 
        for inefficiency, neglect of duty, or malfeasance in office. If 
        the President removes the Director, the President shall submit 
        to Congress a statement explaining the reason for such 
        removal.''.
    (b) Transfer of Functions.--
            (1) Amendment.--Section 203(a) of the Department of Energy 
        Organization Act (42 U.S.C. 7133(a)) is amended by striking 
        paragraph (8).
            (2) Transfer of functions.--The functions described in the 
        paragraph (8) stricken by the amendment made by paragraph (1) 
        shall be transferred to and performed by the Office of Civilian 
        Radioactive Waste Management, as provided in section 304 of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10224).
    (c) Technical Amendment.--Section 2(17) of the Nuclear Waste Policy 
Act of 1982 (42 U.S.C. 10101(17)) is amended by striking ``section 
305'' and inserting ``section 304''.
                                 <all>