[Congressional Record Volume 142, Number 110 (Wednesday, July 24, 1996)]
[Senate]
[Pages S8646-S8667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  THE NUCLEAR WASTE POLICY ACT OF 1996

                                 ______
                                 

                  MURKOWSKI AMENDMENTS NOS. 5015-5016

  (Ordered to lie on the table.)
  Mr. MURKOWSKI submitted two amendments intended to be proposed by him 
to the bill (S. 1936) to amend the Nuclear Waste Policy Act of 1982; as 
follows:

                           Amendment No. 5015

       Beginning on page 1, line 3, strike ``Nuclear'' and all 
     that follows, and insert in lieu thereof the following: 
     ``Nuclear Waste Policy Act of 1982 is amended to read as 
     follows:

     ``SECTION 1. SHORT TITLE AND TABLE OF CONTENTS''

       ``(a) Short Title.--This Act may be cited as the `Nuclear 
     Waste Policy Act of 1996'.
       ``(b) Table of Contents.--
``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.

                         ``TITLE I--OBLIGATIONS

``Sec. 101. Obligations of the Secretary of Energy.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

``Sec. 201. Intermodel transfer.
``Sec. 202. Transportation planning.
``Sec. 203. Transportation requirements.
``Sec. 204. Interim storage.
``Sec. 205. Permanent repository.
``Sec. 206. Land withdrawal.

                      ``TITLE III--LOCAL RELATIONS

``Sec. 301. Financial assistance.
``Sec. 302. On-site representative.
``Sec. 303. Acceptance of benefits.
``Sec. 304. Restrictions on use of funds.
``Sec. 305. Land conveyances.

                  ``TITLE IV--FUNDING AND ORGANIZATION

``Sec. 401. Program Funding.
``Sec. 402. Office of Civilian Radioactive Waste Management.
``Sec. 403. Federal contribution.

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``Sec. 501. Compliance with other laws.
``Sec. 502. Judicial review of agency actions.
``Sec. 503. Licensing of facility expansions and transshipments.
``Sec. 504. Siting a second repository.
``Sec. 505. Financial arrangements for low-level radioactive waste site 
              closure.
``Sec. 506. Nuclear Regulatory Commission training authority.
``Sec. 507. Emplacement schedule.
``Sec. 508. Transfer of title.
``Sec. 509. Decommissiong pilot program.
``Sec. 510. Water rights.

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``Sec. 601. Definitions.
``Sec. 602. Nuclear Waste Technical Review Board.
``Sec. 603. Functions.
``Sec. 604. Investigatory powers.
``Sec. 605. Compensation of members.
``Sec. 606. Staff.
``Sec. 607. Support services.
``Sec. 608. Report.
``Sec. 609. Authorization of appropriations.
``Sec. 610. Termination of the board.

                     ``TITLE VII--MANAGEMENT REFORM

``Sec. 701. Management reform initiatives.
``Sec. 702. Reporting.
``Sec. 703. Effective date.

     ``SEC. 2. DEFINITIONS.

       ``For purposes of this Act:

[[Page S8647]]

       ``(1) Accept, acceptance.--The terms `accept' and 
     `acceptance' mean the Secretary's act of taking possession of 
     spent nuclear fuel or high-level radioactive waste.
       ``(2) Affected indian tribe.--The term `affected Indian 
     tribe' means any Indian tribe--
       ``(A) whose reservation is surrounded by or borders an 
     affected unit of local government, or
       ``(B) whose federally defined possessory or usage rights to 
     other lands outside of the reservation's boundaries arising 
     out of congressionally ratified treaties may be substantially 
     and adversely affected by the locating of an interim storage 
     facility or a repository if the Secretary of the Interior 
     finds, upon the petition of the appropriate governmental 
     officials of the tribe, that such effects are both 
     substantial and adverse to the tribe.
       ``(3) Affected unit of local government.--The term 
     `affected unit of local government' means the unit of local 
     government with jurisdiction over the site of a repository or 
     interim storage facility. Such term may, at the discretion of 
     the Secretary, include other units of local government that 
     are contiguous with such unit.
       ``(4) Atomic energy defense activity.--The term `atomic 
     energy defense activity' means any activity of the Secretary 
     performed in whole or in part in carrying out any of the 
     following functions:
       ``(A) Naval reactors development.
       ``(B) Weapons activities including defense inertial 
     confinement fusion.
       ``(C) Verification and control technology.
       ``(D) Defense nuclear materials production.
       ``(E) Defense nuclear waste and materials byproducts 
     management.
       ``(F) Defense nuclear materials security and safeguards and 
     security investigations.
       ``(G) Defense research and development.
       ``(5) Civilian nuclear power reactor.--The term `civilian 
     nuclear power reactor' means a civilian nuclear power plant 
     required to be licensed under section 103 or 104 b. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
       ``(6) Commission.--The term `Commission' means the Nuclear 
     Regulatory Commission.
       ``(7) Contracts.--The term `contracts' means the contracts, 
     executed prior to the date of enactment of the Nuclear Waste 
     Policy Act of 1996, under section 302(a) of the Nuclear Waste 
     Policy Act of 1982, by the Secretary and any person who 
     generates or holds title to spent nuclear fuel or high-level 
     radioactive waste of domestic origin for acceptance of such 
     waste or fuel by the Secretary and the payment of fees to 
     offset the Secretary's expenditures, and any subsequent 
     contracts executed by the Secretary pursuant to section 
     401(a) of this Act.''
       ``(8) Contract holders.--The term `contract holders' means 
     parties (other than the Secretary) to contracts.
       ``(9) Department.--The term `Department' means the 
     Department of Energy.
       ``(10) Disposal.--The term `disposal' means the emplacement 
     in a repository of spent nuclear fuel, high-level radioactive 
     waste, or other highly radioactive material with no 
     foreseeable intent of recovery, whether or not such 
     emplacement permits recovery of such material for any future 
     purpose.
       ``(11) Disposal system.--The term `disposal system' means 
     all natural barriers and engineered barriers, and engineered 
     systems and components, that prevent the release of 
     radionuclides from the repository.
       ``(12) Emplacement schedule.--The term `emplacement 
     schedule' means the schedule established by the Secretary in 
     accordance with section 507(a) for emplacement of spent 
     nuclear fuel and high-level radioactive waste at the interim 
     storage facility.
       ``(13) Engineered barriers and engineered systems and 
     components.--The terms `engineered barriers' and `engineered 
     systems and components,' mean man-made components of a 
     disposal sytem. These terms include the spent nuclear fuel or 
     high-level radioactive waste form, spent nuclear fuel package 
     or high-level radioactive waste package, and other materials 
     placed over and around such packages.
       ``(14) High-level radioactive waste.--The term `high-level 
     radioactive waste' means--
       ``(A) the highly radioactive material resulting from the 
     reprocessing of spent nuclear fuel, including liquid waste 
     produced directly in reprocessing and any solid material 
     derived from such liquid waste that contains fission products 
     in sufficient concentrations; and
       ``(B) other highly radioactive material that the 
     Commission, consistent with existing law, determines by rule 
     requires permanent isolation, which includes any low-level 
     radioactive waste with concentrations of radionuclides that 
     exceed the limits established by the Commission for class C 
     radioactive waste, as defined by section 61.55 of title 10, 
     Code of Federal Regulations, as in effect on January 26, 
     1983.
       ``(15) Federal agency.--The term `Federal agency' means any 
     Executive agency, as defined in section 105 of title 5, 
     United States Code.
       ``(16) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community of Indians recognized as eligible for the services 
     provided to Indians by the Secretary of the Interior because 
     of their status as Indians including any Alaska Native 
     village, as defined in section 3(c) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602(c)).
       ``(17) Integrated management system.--The term `integrated 
     management system' means the system developed by the 
     Secretary for the acceptance, transportation, storage, and 
     disposal of spent nuclear fuel and high-level radioactive 
     waste under title II of this Act.
       ``(18) Interim storage facility.--The term `interim storage 
     facility' means a facility designed and constructed for the 
     receipt, handling, possession, safeguarding, and storage of 
     spent nuclear fuel and high-level radioactive waste in 
     accordance with title II of this Act.
       ``(19) Interim storage facility site.--The term `interim 
     storage facility site' means the specific site within Area 25 
     of the Nevada Test Site that is designated by the Secretary 
     and withdrawn and reserved in accordance with this Act for 
     the location of the interim storage facility.
       ``(20) Low-level radioactive waste.--The term `low-level 
     radioactive waste' means radioactive material that--
       ``(A) is not spent nuclear fuel, high-level radioactive 
     waste, transuranic waste, or byproduct material as defined in 
     section 11 e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2014(e)(2)); and
       ``(B) the Commission, consistent with existing law, 
     classifies as low-level radioactive waste.
       ``(21) Metric tons uranium.--The terms `metric tons 
     uranium' and `MTU' means the amount of uranium in the 
     original unirradiated fuel element whether or not the 
     spent nuclear fuel has been reprocessed.
       ``(22) Nuclear waste fund.--The terms `Nuclear Waste Fund' 
     and `waste fund' mean the nuclear waste fund established in 
     the United States Treasury prior to the date of enactment of 
     this Act under section 302(c) of the Nuclear Waste Policy Act 
     of 1982.
       ``(23) Office.--The term `Office' means the Office of 
     Civilian Radioactive Waste Management established within the 
     Department prior to the date of enactment of this Act under 
     the provisions of the Nuclear Waste Policy Act of 1982.
       ``(24) Program approach.--The term `program approach' means 
     the Civilian Radioactive Waste Management Program Plan, dated 
     May 6, 1996, as modified by this Act, and as amended from 
     time to time by the Secretary in accordance with this Act.
       ``(25) Repository.--The term `repository' means a system 
     designed and constructed under title II of this Act for the 
     geologic disposal of spent nuclear fuel and high-level 
     radioactive waste, including both surface and subsurface 
     areas at which spent nuclear fuel and high-level radioactive 
     waste receipt, handling, possession, safeguarding, and 
     storage are conducted.
       ``(26) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(27) Site characterization.--The term `site 
     characterization' means activities, whether in a laboratory 
     or in the field, undertaken to establish the geologic 
     condition and the ranges of the parameters of a candidate 
     site relevant to the location of a repository, including 
     borings, surface excavations, excavations of exploratory 
     facilities, limited subsurface lateral excavations and 
     borings, and in situ testing needed to evaluate the 
     licensability of a candidate site for the location of a 
     repository, but not including preliminary borings and 
     geophysical testing needed to assess whether site 
     characterization should be undertaken.
       ``(28) Spent nuclear fuel.--The term `spent nuclear fuel' 
     means fuel that has been withdrawn from a nuclear reactor 
     following irradiation, the constituent elements of which have 
     not been separated by reprocessing.
       ``(29) Storage.--The term `storage' means retention of 
     spent nuclear fuel or high-level radioactive waste with the 
     intent to recover such waste or fuel for subsequent use, 
     processing, or disposal.
       ``(30) Withdrawal.--The term `withdrawal' has the same 
     definition as that set forth in section 103(j) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702(j)).
       ``(31) Yucca mountain site.--The term `Yucca Mountain site' 
     means the area in the State of Nevada that is withdrawn and 
     reserved in accordance with this Act for the location of a 
     repository.
                         ``TITLE I--OBLIGATIONS

     ``SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.

       ``(a) Disposal.--The Secretary shall develop and operate an 
     integrated management system for the storage and permanent 
     disposal of spent nuclear fuel and high-level radioactive 
     waste.
       ``(b) Interim Storage.--The Secretary shall store spent 
     nuclear fuel and high-level radioactive waste from facilities 
     designated by contract holders at an interim storage facility 
     pursuant to section 204 in accordance with the emplacement 
     schedule, beginning not later than November 30, 1999.
       ``(c) Transportation.--The Secretary shall provide for the 
     transportation of spent nuclear fuel and high-level 
     radioactive waste accepted by the Secretary. The Secretary 
     shall procure all systems and components necessary to 
     transport spent nuclear fuel and high-level radioactive waste 
     from facilities designated by contract holders to and among 
     facilities comprising the Integrated Management System. 
     Consistent with the Buy American Act (41 U.S.C. 10a-10c), 
     unless the Secretary shall determine it to be inconsistent 
     with the public interest, or the cost to be unreasonable, all 
     such systems and components procured by the Secretary shall 
     be manufactured in the United States, with the exception of 
     any transportable storage systems purchased by contract 
     holders prior to the effective date of the Nuclear Waste 
     Policy Act of 1996 and procured by the Secretary

[[Page S8648]]

     from such contract holders for use in the integrated 
     management system.
       ``(d) Integrated Management System.--The Secretary shall 
     expeditiously pursue the development of each component of the 
     integrated management system, and in so doing shall seek to 
     utilize effective private sector management and contracting 
     practices.
       ``(e) Private Sector Participation.--In administering the 
     Integrated Management System, the Secretary shall, to the 
     maximum extent possible, utilize, employ, procure and 
     contract with, the private sector to fulfill the Secretary's 
     obligations and requirements under this Act.
       ``(f) Pre-existing Rights.--Nothing in this Act is intended 
     to or shall be construed to modify--
       ``(1) any right of a contract holder under section 302(a) 
     of the Nuclear Waste Policy Act of 1982, or under a contract 
     executed prior to the date of enactment of this Act under 
     that section; or
       ``(2) obligations imposed upon the federal government by 
     the U.S. District Court of Idaho in an order entered on 
     October 17, 1995 in United States v. Batt (No. 91-0054-S-
     EJL).
       ``(g) Liability.--Subject to subsection (f), nothing in 
     this Act shall be construed to subject the United States to 
     financial liability for the Secretary's failure to meet any 
     deadline for the acceptance or emplacement of spent nuclear 
     fuel or high-level radioactive waste for storage or disposal 
     under this Act.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

     ``SEC. 201. INTERMODAL TRANSFER.

       ``(a) Access.--The Secretary shall utilize heavy-haul truck 
     transport to move spent nuclear fuel and high-level 
     radioactive waste from the mainline at Caliente, Nevada, to 
     the interim storage facility site.
       ``(b) Capability Date.--The Secretary shall develop the 
     capacity to commence rail to truck intermodal transfer at 
     Caliente, Nevada, no later than November 30, 1999. Intermodal 
     transfer and related activities are incidental to the 
     interstate transportation of spent nuclear fuel and high-
     level radioactive waste.
       ``(c) Acquisitions.--The Secretary shall acquire lands and 
     rights-of-way necessary to commence intermodal transfer at 
     Caliente, Nevada.
       ``(d) Replacements.--The Secretary shall acquire and 
     develop on behalf of, and dedicate to, the City of Caliente, 
     Nevada, parcels of land and right-of-way within Lincoln 
     County, Nevada, as required to facilitate replacement of land 
     and city wastewater disposal facilities necessary to commence 
     intermodal transfer pursuant to this Act. Replacement of land 
     and city wastewater disposal activities shall occur no later 
     than November 30, 1999.
       ``(e) Notice and Map.--Within 6 months of the date of 
     enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall--
       ``(1) publish in the Federal Resister a notice containing a 
     legal description of the sites and rights-of-way to be 
     acquired under this subsection; and
       ``(2) file copies of a map of such sites and right-of-way 
     with the Congress, the Secretary of the Interior, the State 
     of Nevada, the Archivist of the United States, the Board of 
     Lincoln County Commissioners, the Board of Nye County 
     Commissioners, and the Caliente City Council. Such map and 
     legal description shall have the same force and effect as if 
     they were included in this Act. The Secretary may correct 
     clerical and typographical errors and legal descriptions and 
     make minor adjustments in the boundaries.
       ``(f) Improvements.--The Secretary shall make improvements 
     to existing roadways selected for heavy-haul truck transport 
     between Caliente, Nevada, and the interim storage facility 
     site as necessary to facilitate year-round safe transport of 
     spent nuclear fuel and high-level radioactive waste.
       ``(g) Local Government Involvement.--The Commission shall 
     enter into a Memorandum of Understanding with the City of 
     Caliente and Lincoln County, Nevada, to provide advice to the 
     Commission regarding intermodal transfer and to facilitate 
     on-site representation. Reasonable expenses of such 
     representation shall be paid by the Secretary.
       ``(h) Benefits Agreement.--
       ``(1) In general.--The Secretary shall offer to enter into 
     an agreement with Lincoln County, Nevada concerning the 
     integrated management system.
       ``(2) Agreement content.--Any agreement shall contain such 
     terms and conditions, including such financial and 
     institutional arrangements, as the Secretary and agreement 
     entity determine to be reasonable and appropriate and shall 
     contain such provisions as are necessary to preserve any 
     right to participation or compensation of Lincoln County, 
     Nevada.
       ``(3) Amendment.--An agreement entered into under this 
     subsection may be amended only with the mutual consent of the 
     parties to the amendment and terminated only in accordance 
     with paragraph (4).
       ``(4) Termination.--The Secretary shall terminate the 
     agreement under this subsection if any major element of the 
     integrated management system may not be completed.
       ``(5) Limitation.--Only 1 agreement may be in effect at any 
     one time.
       ``(6) Judicial review.--Decisions of the Secretary under 
     this section are not subject to judicial review.
       ``(i) Content of Agreement.--
       ``(1) Schedule.--In addition to the benefits to which 
     Lincoln County is entitled to under this title, the Secretary 
     shall make payments under the benefits agreement in 
     accordance with the following schedule:

                            BENEFITS SCHEDULE                           
                          [Amounts in millions]                         
------------------------------------------------------------------------
                            Event                               Payment 
------------------------------------------------------------------------
(A) Annual payments prior to first receipt of spent fuel.....       $2.5
(B) Annual payments beginning upon first spent fuel receipt..          5
(C) Payment upon closure of the intermodal transfer facility.          5
------------------------------------------------------------------------

       ``(2) Definitions.--For purposes of this section, the 
     term--
       ``(A) `spent fuel' means high-level radioactive waste or 
     spent nuclear fuel; and
       ``(B) `first spent fuel receipt' does not include receipt 
     of spent fuel or high-level radioactive waste for purposes of 
     testing or operational demonstration.
       ``(3) Annual payments.--Annual payments prior to first 
     spent fuel receipt under paragraph (1)(A) shall be made on 
     the date of execution of the benefits agreement and 
     thereafter on the anniversary date of such execution. Annual 
     payments after the first spent fuel receipt until closure of 
     the facility under paragraph (1)(C) shall be made on the 
     anniversary date of such first spent fuel receipt.
       ``(4) Reduction.--If the first spent fuel payment under 
     paragraph (1)(B) is made within 6 months after the last 
     annual payment prior to the receipt of spent fuel under 
     paragraph (1)(A), such first spent fuel payment under 
     paragraph (1)(B) shall be reduced by an amount equal to 1/12 
     of such annual payment under paragraph (1)(A) for each full 
     month less than 6 that has not elapsed since the last annual 
     payment under paragraph (1)(A).
       ``(5) Restrictions.--The Secretary may not restrict the 
     purposes for which the payments under this section may be 
     used.
       ``(6) Dispute.--In the event of a dispute concerning such 
     agreement, the Secretary shall resolve such dispute, 
     consistent with this Act and applicable State law.
       ``(7) Construction.--The signature of the Secretary on a 
     valid benefits agreement under this section shall constitute 
     a commitment by the United States to make payments in 
     accordance with such agreement under section 401(c)(2).
       ``(j) Initial Land Conveyances.--
       ``(1) Conveyances of public lands.--One hundred and twenty 
     days after enactment of this Act, all right, title and 
     interest of the United States in the property described in 
     paragraph (2), and improvements thereon, together with all 
     necessary easements for utilities and ingress and egress to 
     such property, including, but not limited to, the right to 
     improve those easements, are conveyed by operation of law to 
     the County of Lincoln, Nevada, unless the county notifies the 
     Secretary of Interior or the head of such other appropriate 
     agency in writing within 60 days of such date of enactment 
     that it elects not to take title to all or any part of the 
     property, except that any lands conveyed to the County of 
     Lincoln under this subsection that are subject to a Federal 
     grazing permit or lease or a similar federally granted permit 
     or lease shall be conveyed between 60 and 120 days of the 
     earliest time the Federal agency administering or granting 
     the permit or lease would be able to legally terminate such 
     right under the statutes and regulations existing at the date 
     of enactment of this Act, unless Lincoln County and the 
     affected holder of the permit or lease negotiate an agreement 
     that allows for an earlier conveyance.
       ``(2) Special conveyances.--Notwithstanding any other law, 
     the following public lands depicted on the maps and legal 
     descriptions dated October 11, 1995, shall be conveyed under 
     paragraph (1) to the County of Lincoln, Nevada;
       Map 10: Lincoln County, Parcel M, Industrial Park Site
       Map 11: Lincoln County, Parcel F, Mixed Use Industrial Site
       Map 13: Lincoln County, Parcel J, Mixed Use, Alamo 
     Community Expansion Area
       Map 14: Lincoln County, Parcel E, Mixed Use, Pioche 
     Community Expansion Area
       Map 15: Lincoln County, Parcel B, Landfill Expansion Site.
       ``(3) Construction.--The maps and legal descriptions of 
     special conveyances referred to in paragraph (2) shall have 
     the same force and effect as if they were included in this 
     Act. The Secretary may correct clerical and typographical 
     errors in the maps and legal descriptions and make minor 
     adjustments in the boundaries of the sites.
       ``(4) Evidence of title transfer.--Upon the request of the 
     County of Lincoln, Nevada, the Secretary of the Interior 
     shall provide evidence of title transfer.

     ``SEC. 202. TRANSPORTATION PLANNING.

       ``(a) Transportation Readiness.--The Secretary shall take 
     those actions that are necessary and appropriate to ensure 
     that the Secretary is able to transport safely spent nuclear 
     fuel and high-level radioactive waste from sites designated 
     by the contract holders to mainline transportation 
     facilities, using routes that minimize, to the maximum 
     practicable extent consistent with Federal requirements 
     governing transportation of hazardous materials, 
     transportation of spent nuclear fuel and high-level 
     radioactive waste through populated areas, beginning not 
     later than November 30, 1999, and, by that date, shall, in 
     consultation with the Secretary of Transportation, develop 
     and implement a comprehensive management plan that ensures 
     that safe transportation of spent nuclear fuel and high-level 
     radioactive waste

[[Page S8649]]

     from the sites designated by the contract holders to the 
     interim storage facility site beginning not later than 
     November 30, 1999.
       ``(b) Transportation Planning.--In conjunction with the 
     development of the logistical plan in accordance with 
     subsection (a), the Secretary shall update and modify, as 
     necessary, the Secretary's transportation institutional plans 
     to ensure that institutional issues are addressed and 
     resolved on a schedule to support the commencement of 
     transportation of spent nuclear fuel and high level 
     radioactive waste to the interim storage facility no later 
     than November 30, 1999. Among other things, such planning 
     shall provide a schedule and process for addressing and 
     implementing, as necessary, transportation routing plans, 
     transportation contracting plans, transportation training in 
     accordance with Section 203, and public education regarding 
     transportation of spent nuclear fuel and high level 
     radioactive waste; and transportation tracking programs.

     ``SEC. 203. TRANSPORTATION REQUIREMENTS.

       ``(a) Package Certification.--No spent nuclear fuel or 
     high-level radioactive waste may be transported by or for the 
     Secretary under this Act except in packages that have been 
     certified for such purposes by the Commission.
       ``(b) State Notification.--The Secretary shall abide by 
     regulations of the Commission regarding advance notification 
     of State and local governments prior to transportation of 
     spent nuclear fuel or high-level radioactive waste under this 
     Act.
       ``(c) Technical Assistance.--The Secretary shall provide 
     technical assistance and funds to States, units of local 
     government, and Indian tribes through whose jurisdiction the 
     Secretary plans to transport substantial amounts of spent 
     nuclear fuel or high-level radioactive waste for training for 
     public safety officials of appropriate units of local 
     government. The Secretary shall also provide technical 
     assistance and funds for training directly to national 
     nonprofit employee organizations which demonstrate experience 
     in implementing and operating worker health and safety 
     training and education programs and demonstrate the 
     ability to reach and involve in training programs target 
     populations of workers who are or will be directly engaged 
     in the transportation of spent nuclear fuel and high-level 
     radioactive waste, or emergency response or post-emergency 
     response with respect to such transportation. Training 
     shall cover procedures required for safe routine 
     transportation of these materials, as well as procedures 
     for dealing with emergency response situations, and shall 
     be consistent with any training standards established by 
     the Secretary of Transportation in accordance with 
     subsection (g). The Secretary's duty to provide technical 
     and financial assistance under this subsection shall be 
     limited to amounts specified in annual appropriations.
       ``(d) Public Education.--The Secretary shall conduct a 
     program to educate the public regarding the transportation of 
     spent nuclear fuel and high-level radioactive waste, with an 
     emphasis upon those States, units of local government, and 
     Indian tribes through whose jurisdiction the Secretary plans 
     to transport substantial amounts of spent nuclear fuel or 
     high-level radioactive waste.
       ``(e) Compliance with Transportation Regulations.--Any 
     person that transports spent nuclear fuel or high-level 
     radioactive waste under the Nuclear Waste Policy Act of 1986, 
     pursuant to a contract with the Secretary, shall comply with 
     all requirements governing such transportation issued by the 
     federal, state and local governments, and Indian tribes, in 
     the same way and to the same extent that any person engaging 
     in that transportation that is in or affects interstate 
     commerce must comply with such requirements, as required by 
     49 U.S.C. sec. 5126.
       ``(f) Employee Protection.--Any person engaged in the 
     interstate commerce of spent nuclear fuel or high-level 
     radioactive waste under contract to the Secretary pursuant to 
     this Act shall be subject to and comply fully with the 
     employee protection provisions of 49 U.S.C. 20109 and 49 
     U.S.C. 31105.
       ``(g) Training Standard.--(1) No later than 12 months after 
     the date of enactment of the Nuclear Waste Policy Act of 
     1996, the Secretary of Transportation, pursuant to authority 
     under other provisions of law, in consultation with the 
     Secretary of Labor and the Commission, shall promulgate a 
     regulation establishing training standards applicable to 
     workers directly involved in the removal and transportation 
     of spent nuclear fuel and high-level radioactive waste. The 
     regulation shall specify minimum training standards 
     applicable to workers, including managerial personnel. The 
     regulation shall require that evidence of satisfaction of the 
     applicable training standard be provided to an employer 
     before any individual may be employed in the removal and 
     transportation of spent nuclear fuel and high-level 
     radioactive waste.
       ``(2) If the Secretary of Transportation determines, in 
     promulgating the regulation required by subparagraph (1), 
     that regulations promulgated by the Commission establish 
     adequate training standards for workers, then the Secretary 
     of Transportation can refrain from promulgating additional 
     regulations with respect to worker training in such 
     activities. The Secretary of Transportation and the 
     Commission shall work through their Memorandum of 
     Understanding to ensure coordination of worker training 
     standards and to avoid duplicative regulation.
       ``(3) The training standards required to be promulgated 
     under subparagraph (1) shall, among other things deemed 
     necessary and appropriate by the Secretary of Transportation, 
     include the following provision--
       ``(A) a specified minimum number of hours of initial off 
     site instruction and actual field experience under the direct 
     supervision of a trained, experienced supervisor;
       ``(B) a requirement that onsite managerial personnel 
     receive the same training as workers, and a minimum number of 
     additional hours of specialized training pertinent to their 
     managerial responsibilities; and
       ``(C) a training program applicable to persons responsible 
     for responding to and cleaning up emergency situations 
     occurring during the removal and transportation of spent 
     nuclear fuel and high-level radioactive waste.
       ``(4) There is authorized to be appropriated to the 
     Secretary of Transportation, from general revenues, such sums 
     as may be necessary to perform his duties under this 
     subsection.

     ``SEC. 204. INTERIM STORAGE.

       ``(a) Authorization.--The Secretary shall design, 
     construct, and operate a facility for the interim storage of 
     spent nuclear fuel and high-level radioactive waste at the 
     interim storage facility site. The interim storage facility 
     shall be subject to licensing pursuant to the Atomic Energy 
     Act of 1954 in accordance with the Commission's regulations 
     governing the licensing of independent spent fuel storage 
     installations, which regulations shall be amended by the 
     Commission as necessary to implement the provisions of this 
     Act. The interim storage facility shall commence operation in 
     phases in accordance with subsection (b).
       ``(b) Schedule.--(1) The Secretary shall proceed forthwith 
     and without further delay with all activities necessary to 
     begin storing spent nuclear fuel and high-level radioactive 
     waste at the interim storage facility at the interim storage 
     facility site by November 30, 1999, except that:
       ``(A) The Secretary shall not begin any construction 
     activities at the interim storage facility site before 
     December 31, 1998.
       ``(B) The Secretary shall cease all activities (except 
     necessary termination activities) at the Yucca Mountain site 
     if the President determines, in his discretion, on or before 
     December 31, 1998, based on a preponderance of the 
     information available at such time, that the Yucca Mountain 
     site is unsuitable for development as a repository, including 
     geologic and engineered barriers, because of a substantial 
     likelihood that a repository of useful size cannot be 
     designed, licensed, and constructed at the Yucca Mountain 
     site.
       ``(C) No later than June 30, 1998, the Secretary shall 
     provide to the President and to the Congress a viability 
     assessment of the Yucca Mountain site. The viability 
     assessment shall include--
       ``(i) the preliminary design concept for the critical 
     elements of the repository and waste package,
       ``(ii) a total system performance assessment, based upon 
     the design concept and the scientific data and analysis 
     available by June 30, 1998, describing the probable behavior 
     of the repository in the Yucca Mountain geologic setting 
     relative to the overall system performance standard set forth 
     in section 205(d) of this Act,
       ``(iii) a plan and cost estimate for the remaining work 
     required to complete a license application, and
       ``(iv) an estimate of the costs to construct and operate 
     the repository in accordance with the design concept.
       ``(D) Within 18 months of a determination by the President 
     that the Yucca Mountain site is unsuitable for development as 
     a repository under paragraph (B), the President shall 
     designate a site for the construction of an interim storage 
     facility. If the President does not designate a site for the 
     construction of an interim storage facility, or the 
     construction of an interim storage facility at the designated 
     site is not approved by law within 24 months of the 
     President's determination that the Yucca Mountain site is not 
     suitable for development as a repository, the Secretary shall 
     begin construction of an interim storage facility at the 
     interim storage facility site as defined in section 2(19) of 
     this Act. The interim storage facility site as defined in 
     section 2(19) of this Act shall be deemed to be approved by 
     law for purposes of this section.
       ``(2) Upon the designation of an interim storage facility 
     site by the President under paragraph (1)(D), the Secretary 
     shall proceed forthwith and without further delay with all 
     activities necessary to begin storing spent nuclear fuel and 
     high-level radioactive waste at an interim storage facility 
     at the designated site, except that the Secretary shall not 
     begin any construction activities at the designated interim 
     storage facility site before the designated interim storage 
     facility site is approved by law.
       ``(c) Design.--
       ``(1) The interim storage facility shall be designed in two 
     phases in order to commence operations no later than November 
     30, 1999. the design of the interim storage facility shall 
     provide for the use of storage technologies, licensed, 
     approved, or certified by the Commission for use at the 
     interim storage facility as necessary to ensure compatibility 
     between the interim storage facility and contract holders' 
     spent nuclear fuel and facilities, and to facilitate the 
     Secretary's ability to meet the Secretary's obligations under 
     this Act.

[[Page S8650]]

       ``(2) The Secretary shall consent to an amendment to the 
     contracts to provide for reimbursement to contract holders 
     for transportable storage systems purchased by contract 
     holders if the Secretary determines that it is cost effective 
     to use such transportable storage systems as part of the 
     integrated management system, provided that the Secretary 
     shall not be required to expend any funds to modify contract 
     holders' storage or transport systems or to seek additional 
     regulatory approvals in order to use such systems.
       ``(d) Licensing.--
       ``(1) Phases.--The interim storage facility shall be 
     licensed by the Commission in two phases in order to commence 
     operations no later than November 30, 1999.
       ``(2) First phase.--No later than 12 months after the date 
     of enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall submit to the Commission an application for a 
     license for the first phase of the interim storage facility. 
     The Environmental Report and Safety Analysis Report submitted 
     in support of such license application shall be consistent 
     with the scope of authority requested in the license 
     application. The license issued for the first phase of the 
     interim storage facility shall have a term of 20 years. The 
     interim storage facility licensed in the first phase shall 
     have a capacity of not more than 15,000 MTU. The Commission 
     shall issue a final decision granting or denying the 
     application for the first phase license no later than 16 
     months from the date of the submittal of the application for 
     such license.
       ``(3) Second phase.--No later than 30 months after the date 
     of enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall submit to the Commission an application for a 
     license for the second phase interim storage facility. The 
     license for the second phase facility shall authorize a 
     storage capacity of 40,000 MTU. If the Secretary does not 
     submit the license application for construction of a 
     repository by February 1, 2002, or does not begin full spent 
     nuclear fuel receipt operations at a repository by January 
     17, 2010, the license shall authorize a storage capacity of 
     60,000 MTU. The license application shall be submitted such 
     that the license can be issued to permit the second phase 
     facility to begin full spent nuclear fuel receipt operations 
     no later than December 31, 2002. The license for the second 
     phase shall have an initial term of up to 100 years, and 
     shall be renewable for additional terms upon application to 
     the Secretary.
       ``(e) Additional Authority.--
       ``(1) Construction.--For purposes of complying with this 
     section, the Secretary may commence site preparation for the 
     interim storage facility as soon as practicable after the 
     date of enactment of the Nuclear Waste Policy Act of 1996 and 
     shall commence construction of each phase of the interim 
     storage facility subsequent to submittal of the license 
     application for such phase except that the Commission 
     shall issue an order suspending such construction at any 
     time if the Commission determines that such construction 
     poses an unreasonable risk to public health and safety or 
     the environment. The Commission shall terminate all or 
     part of such order upon a determination that the Secretary 
     has taken appropriate action to climate such risk.
       ``(2) Facility use.--Notwithstanding any otherwise 
     applicable licensing requirement, the Secretary may utilize 
     any facility owned by the Federal Government on the date of 
     enactment of the Nuclear Waste Policy Act of 1996 within the 
     boundaries of the interim storage facility site, in 
     connection with an imminent and substantial endangerment to 
     public health and safety at the interim storage facility 
     prior to commencement of operations during the second phase.
       ``(3) Emplacement of fuel and waste.--Subject to paragraph 
     (i), once the Secretary has achieved the annual acceptance 
     rate for spent nuclear fuel from civilian nuclear power 
     reactors established pursuant to the contracts executed prior 
     to the date of enactment of the Nuclear Waste Policy Act of 
     1996, as set forth in the Secretary's annual capacity report 
     dated March, 1995 (DOE/RW-0457), the Secretary shall accept, 
     in an amount not less than 25% of the difference between the 
     contractual acceptance rate and the annual emplacement rate 
     for spent nuclear fuel from civilian nuclear power reactors 
     established under section 507(a), the following radioactive 
     materials:
       ``(A) spent nuclear fuel or high-level radioactive waste of 
     domestic origin from civilian nuclear power reactors that 
     have permanently ceased operation on or before the date of 
     enactment of the Nuclear Waste Policy Act of 1996;
       ``(B) spent nuclear fuel from foreign research reactors, as 
     necessary to promote non-proliferation objectives; and
       ``(C) spent nuclear fuel, including spent nuclear fuel from 
     naval reactors, and high-level radioactive waste from atomic 
     energy defense activities.
       ``(f) National Environmental Policy Act of 1969.--
       ``(1) Preliminary decisionmaking activities.--The 
     Secretary's and President's activities under this section, 
     including, but not limited to, the selection of a site for 
     the interim storage facility, assessments, determinations and 
     designations made under section 204(b), the preparation and 
     submittal of a license application and supporting 
     documentation, the construction of a facility under paragraph 
     (e)(1) of this section, and facility use pursuant to 
     paragraph (e)(2) of this section shall be considered 
     preliminary decisionmaking activities for purposes of 
     judicial review. The Secretary shall not prepare an 
     environmental impact statement under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)) or any environmental review under subparagraph 
     (E) or (F) of such Act before conducting these activities.
       ``(2) Environmental impact statement.--
       ``(A) Final decision.--A final decision by the Commission 
     to grant or deny a license application for the first or 
     second phase of the interim storage facility shall be 
     accompanied by an Environmental Impact Statement prepared 
     under section 102(2)(C) of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4332(2)(C)). In preparing such 
     Environmental Impact Statement, the Commission--
       ``(i) shall ensure that the scope of the Environmental 
     Impact Statement is consistent with the scope of the 
     licensing action; and
       ``(ii) shall analyze the impacts of the transportation of 
     spent nuclear fuel and high-level radioactive waste to the 
     interim storage facility in a generic manner.
       ``(B) Considerations.--Such Environmental Impact Statement 
     shall not consider--
       ``(i) the need for the interim storage facility, including 
     any individual component thereof;
       ``(ii) the time of the initial availability of the interim 
     storage facility;
       ``(iii) any alternatives to the storage of spent nuclear 
     fuel and high-level radioactive waste at the interim storage 
     facility;
       ``(iv) any alternatives to the site of the facility as 
     designated by the Secretary in accordance with subsection 
     (a);
       ``(v) any alternatives to the design criteria for such 
     facility or any individual component thereof, as specified by 
     the Secretary in the license application; or
       ``(vi) the environmental impacts of the storage of spent 
     nuclear fuel and high-level radioactive waste at the interim 
     storage facility beyond the initial term of the license or 
     the term of the renewal period for which a license renewal 
     application is made.
       ``(g) Judicial Review.--Judicial review of the Commission's 
     environmental impact statement under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     shall be consolidated with judicial review of the 
     Commission's licensing decision. No court shall have 
     jurisdiction to enjoin the construction or operation of the 
     interim storage facility prior to its final decision on 
     review of the Commission's licensing action.
       ``(h) Waste Confidence.--The Secretary's obligation to 
     construct and operate the interim storage facility in 
     accordance with this section and the Secretary's obligation 
     to develop an integrated management system in accordance with 
     the provisions of this Act, shall provide sufficient and 
     independent grounds for any further findings by the 
     Commission of reasonable assurance that spent nuclear fuel 
     and high-level radioactive waste will be disposed of safely 
     and on a timely basis for purposes of the Commission's 
     decision to grant or amend any license to operate any 
     civilian nuclear power reactor under the Atomic Energy Act of 
     1954 (42 U.S.C. 2011, et seq.).
       ``(i) Storage of Other Spent Nuclear Fuel and High-level 
     Radioactive Waste.--No later than 18 months following the 
     date of enactment of the Nuclear Waste Policy Act of 1996, 
     the Commission shall, by rule, establish criteria for the 
     storage in the interim storage facility of fuel and waste 
     listed in paragraph (e)(3) (A) through (C), to the extent 
     such criteria are not included in regulations issued by the 
     Commission and existing on the date of enactment of the 
     Nuclear Waste Policy Act of 1996. Following establishment of 
     such criteria, the Secretary shall seek authority, as 
     necessary, to store fuel and waste listed in paragraph (e)(3) 
     (A) through (C) at the interim storage facility. None of the 
     activities carried out pursuant to this paragraph shall 
     delay, or otherwise affect, the development, construction, 
     licensing, or operation of the interim storage facility.
       ``(j) Savings Clause.--The Commission shall, by rule, 
     establish procedures for the licensing of any technology for 
     the dry storage of spent nuclear fuel by rule and without, to 
     the maximum extent possible, the need for site-specific 
     approvals by the Commission. Nothing in this Act shall affect 
     any such procedures, or any licenses or approvals issued 
     pursuant to such procedures in effect on the date of 
     enactment.

     ``SEC. 205. PERMANENT REPOSITORY.

       ``(a) Repository Characterization.--
       ``(1) Guidelines.--The guidelines promulgated by the 
     Secretary and published at 10 CFR part 960 are annulled and 
     revoked and the Secretary shall make no assumptions 
     or conclusions about the licensability of the Yucca 
     Mountain site as a repository by reference to such 
     guidelines.
       ``(2) Site characterization activities.--The Secretary 
     shall carry out appropriate site characterization activities 
     at the Yucca Mountain site in accordance with the Secretary's 
     program approach to site characterization. The Secretary 
     shall modify or eliminate those site characterization 
     activities designed only to demonstrate the suitability of 
     the site under the guidelines referenced in paragraph (1).
       ``(3) Schedule date.--Consistent with the schedule set 
     forth in the program approach, as modified to be consistent 
     with the Nuclear Waste Policy Act of 1996, no later than 
     February 1, 2002, the Secretary shall apply to the Commission 
     for authorization to construct a repository. If, at any time 
     prior to

[[Page S8651]]

     the filing of such application, the Secretary determines that 
     the Yucca Mountain site cannot satisfy the Commission's 
     regulations applicable to the licensing of a geologic 
     repository, the Secretary shall terminate site 
     characterization activities at the site, notify Congress and 
     the State of Nevada of the Secretary's determination and the 
     reasons therefor, and recommend to Congress not later than 6 
     months after such determination further actions, including 
     the enactment of legislation, that may be needed to manage 
     the Nation's spent nuclear fuel and high-level radioactive 
     waste.
       ``(4) Maximizing capacity.--In developing an application 
     for authorization to construct the repository, the Secretary 
     shall seek to maximize the capacity of the repository, in the 
     most cost-effective manner, consistent with the need for 
     disposal capacity.
       ``(b) Repository Licensing.--Upon the completion of any 
     licensing proceeding for the first phase of the interim 
     storage facility, the Commission shall amend its regulations 
     governing the disposal of spent nuclear fuel and high-level 
     radioactive waste in geologic repositories to the extent 
     necessary to comply with this Act. Subject to subsection (c), 
     such regulations shall provide for the licensing of the 
     repository according to the following procedures:
       ``(1) Construction authorization.--The Commission shall 
     grant the Secretary a construction authorization for the 
     repository upon determining that there is reasonable 
     assurance that spent nuclear fuel and high-level radioactive 
     waste can be disposed of in the repository--
       ``(A) in conformity with the Secretary's application, the 
     provisions of this Act, and the regulations of the 
     Commission;
       ``(B) without unreasonable risk to the health and safety of 
     the public; and
       ``(C) consistent with the common defense and security.
       ``(2) License.--Following substantial completion of 
     construction and the filing of any additional information 
     needed to complete the license application, the Commission 
     shall issue a license to dispose of spent nuclear fuel and 
     high-level radioactive waste in the repository if the 
     Commission determines that the repository has been 
     constructed and will operate--
       ``(A) in conformity with the Secretary's application, the 
     provisions of this Act, and the regulations of the 
     Commission;
       ``(B) without unreasonable risk to the health and safety of 
     the public; and
       ``(C) consistent with the common defense and security.
       ``(3) Closure.--After emplacing spent nuclear fuel and 
     high-level radioactive waste in the repository and collecting 
     sufficient confirmatory data on repository performance to 
     reasonably confirm the basis for repository closure 
     consistent with the Commission's regulations applicable to 
     the licensing of a repository, as modified in accordance with 
     this Act, the Secretary shall apply to the Commission to 
     amend the license to permit permanent closure of the 
     repository. The Commission shall grant such license amendment 
     upon finding that there is reasonable assurance that the 
     repository can be permanently closed--
       ``(A) in conformity with the Secretary's application to 
     amend the license, the provisions of this Act, and the 
     regulations of the Commission;
       ``(B) without unreasonable risk to the health and safety of 
     the public; and
       ``(C) consistent with the common defense and security.
       ``(4) Post-closure.--The Secretary shall take those actions 
     necessary and appropriate at the Yucca Mountain site to 
     prevent any activity at the site subsequent to repository 
     closure that poses an unreasonable risk of--
       ``(A) breaching the repository's engineered or geologic 
     barriers; or
       ``(B) increasing the exposure of individual members of the 
     public to radiation beyond the release standard established 
     in subsection (d)(1).
       ``(c) Modification of Repository Licensing Procedure.--The 
     Commission's regulations shall provide for the modification 
     of the repository licensing procedure, as appropriate, in the 
     event that the Secretary seeks a license to permit the 
     emplacement in the repository, on a retrievable basis, of 
     spent nuclear fuel or high-level radioactive waste as is 
     necessary to provide the Secretary with sufficient 
     confirmatory data on repository performance to reasonably 
     confirm the basis for repository closure consistent with 
     applicable regulations.
       ``(d) Repository Licensing Standards.--The Administrator of 
     the Environmental Protection Agency shall, pursuant to 
     authority under others provisions of law, issue generally 
     applicable standards for the protection of the public from 
     releases of radioactive materials or radioactivity from the 
     repository. Such standards shall be consistent with the 
     overall system performance standard established by this 
     subsection unless the Administrator determines by rule that 
     the overall system performance standard would constitute an 
     unreasonable risk to health and safety. The Commission's 
     repository licensing determinations for the protection of the 
     public shall be based solely on a finding whether the 
     repository can be operated in conformance with the overall 
     system performance standard established in paragraph (1), 
     applied in accordance with the provisions of paragraph (2), 
     and the Administrator's radiation protection standards. The 
     Commission shall amend its regulations in accordance with 
     subsection (b) to incorporate each of the following licensing 
     standards:
       ``(1) Establishment of overall system performance 
     standard.--The standard for protection of the public from 
     release of radioactive material or radioactivity from the 
     repository shall prohibit releases that would expose an 
     average member of the general population in the vicinity of 
     the Yucca Mountain site to an annual dose in excess of 100 
     millirems unless the Commission determines by rule that such 
     standard would constitute an unreasonable risk to health and 
     safety and establishes by rule another standard which will 
     protect health and safety. Such standard shall constitute an 
     overall system performance standard.
       ``(2) Application of overall system performance standard.--
     The Commission shall issue the license if it finds reasonable 
     assurance that for the first 1,000 years following the 
     commencement of repository operations, the overall system 
     performance standard will be met based on a probabilistic 
     evaluation, as appropriate, of compliance with the overall 
     system performance standard in paragraph (1).
       ``(3) Factor.--For purposes of making the finding in 
     paragraph (2)--
       ``(A) the Commission shall not consider catastrophic events 
     where the health consequences of individual events themselves 
     can be reasonably assumed to exceed the health consequences 
     due to the impact of the events on repository performance;
       ``(B) for the purpose of this section, an average member of 
     the general population in the vicinity of the Yucca Mountain 
     site means a person whose physiology, age, general health, 
     agricultural practices, eating habits, and social behavior 
     represent the average for persons living in the vicinity 
     of the site. Extremes in social behavior, eating habits, 
     or other relevant practices or characteristics shall not 
     be considered; and
       ``(C) the Commission shall assume that, following 
     repository closure, the inclusion of engineered barriers and 
     the Secretary's post-closure actions at the Yucca Mountain 
     site; in accordance with subsection (b)(4), shall be 
     sufficient to--
       ``(i) prevent any human activity at the site that poses an 
     unreasonable risk of breaching the repository's engineered or 
     geologic barriers; and
       ``(ii) prevent any increase in the exposure of individual 
     members of the public to radiation beyond the allowable 
     limits specified in paragraph (1).
       ``(4) Additional analysis.--The Commission shall analyze 
     the overall system performance through the use of 
     probabilistic evaluations that use best estimate assumptions, 
     data, and methods for the period commencing after the first 
     1,000 years of operation of the repository and terminating at 
     10,000 years after the commencement of operation of the 
     repository.
       ``(e) National Environmental Policy Act.--
       ``(1) Submission of statement.--Construction and operation 
     of the repository shall be considered a major Federal action 
     significantly affecting the quality of the human environment 
     for purposes of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.). The Secretary shall submit an 
     environmental impact statement on the construction and 
     operation of the repository to the Commission with the 
     license application and shall supplement such environmental 
     impact statement as appropriate.
       ``(2) Considerations.--For purposes of complying with the 
     requirements of the National Environmental Policy Act of 1969 
     and this section, the Secretary shall not consider in the 
     environmental impact statement the need for the repository, 
     or alternative sites or designs for the repository.
       ``(3) Adoption by commission.--The Secretary's 
     environmental impact statement and any supplements thereto 
     shall, to the extent practicable, be adopted by the 
     Commission in connection with the issuance by the Commission 
     of a construction authorization under subsection (b)(1), a 
     license under subsection (b)(2), or a license amendment under 
     subsection (b)(3). To the extent such statement or supplement 
     is adopted by the Commission, such adoption shall be deemed 
     to also satisfy the responsibilities of the Commission under 
     the National Environmental Policy Act of 1969, and no further 
     consideration shall be required, except that nothing in this 
     subsection shall affect any independent responsibilities of 
     the Commission to protect the public health and safety under 
     the Atomic Energy Act of 1954. In any such statement or 
     supplement prepared with respect to the repository, the 
     Commission shall not consider the need for a repository, or 
     alternate sites or designs for the repository.
       ``(f) Judicial Review.--No court shall have jurisdiction to 
     enjoin issuance of the Commission repository licensing 
     regulations prior to its final decision on review of such 
     regulations.

     ``SEC. 206. LAND WITHDRAWAL.

       ``(a) Withdrawal and Reservation.--
       ``(1) Withdrawal.--Subject to valid existing rights, the 
     interim storage facility site and the Yucca Mountain site, as 
     described in subsection (b), are withdrawn from all forms of 
     entry, appropriation, and disposal under the public land 
     laws, including the mineral leasing laws, the geothermal 
     leasing laws, the material sale laws, and the mining laws.
       ``(2) Jurisdiction.--Jurisdiction of any land within the 
     interim storage facility site and the Yucca Mountain site 
     managed by the

[[Page S8652]]

     Secretary of the Interior or any other Federal officer is 
     transferred to the Secretary.
       ``(3) Reservation.--The interim storage facility site and 
     the Yucca Mountain site are reserved for the use of the 
     Secretary for the construction and operation, respectively, 
     of the interim storage facility and the repository and 
     activities associated with the purposes of this title.
       ``(b) Land Description.--
       ``(1) Boundaries.--The boundaries depicted on the map 
     entitled ``Interim Storage Facility Site Withdrawal Map,'' 
     dated March 13, 1996, and on file with the Secretary, are 
     established as the boundaries of the Interim Storage Facility 
     site.
       ``(2) Boundaries.--The boundaries depicted on the map 
     entitled `Yucca Mountain Site Withdrawal Map,' dated July 9, 
     1996, and on file with the Secretary, are established as the 
     boundaries of the Yucca Mountain site.
       ``(3) Notice and maps.--Within 6 months of the date of the 
     enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall--
       ``(A) publish in the Federal Register a notice containing a 
     legal description of the interim storage facility site; and
       ``(B) file copies of the maps described in paragraph (1), 
     and the legal description of the interim storage facility 
     site with the Congress, the Secretary of the Interior, the 
     Governor of Nevada, and the Archivist of the United States.
       ``(4) Notice and maps.--Concurrent with the Secretary's 
     application to the Commission for authority to construct the 
     repository, the Secretary shall--
       ``(A) publish in the Federal Register a notice containing a 
     legal description of the Yucca Mountain site; and
       ``(B) file copies of the maps described in paragraph (2), 
     and the legal description of the Yucca Mountain site with the 
     Congress, the Secretary of the Interior, the Governor of 
     Nevada, and the Archivist of the United States.
       ``(5) Construction.--The maps and legal descriptions of the 
     interim storage facility site and the Yucca Mountain site 
     referred to in this subsection shall have the same force and 
     effect as if they were included in this Act. The Secretary 
     may correct clerical and typographical errors in the maps and 
     legal descriptions and make minor adjustments in the 
     boundaries of the sites.

                      ``TITLE III--LOCAL RELATIONS

     ``SEC. 301. FINANCIAL ASSISTANCE.

       ``(a) Grants.--The Secretary is authorized to make grants 
     to any affected Indian tribe or affected unit of local 
     government for purposes of enabling the affected Indian tribe 
     or affected unit of local government--
       ``(1) to review activities taken with respect to the Yucca 
     Mountain site for purposes of determining any potential 
     economic, social, public health and safety, and environmental 
     impacts of the integrated management system on the affected 
     Indian tribe or the affected unit of local government and its 
     residents;
       ``(2) to develop a request for impact assistance under 
     subsection (c);
       ``(3) to engage in any monitoring, testing, or evaluation 
     activities with regard to such site;
       ``(4) to provide information to residents regarding any 
     activities of the Secretary, or the Commission with respect 
     to such site; and
       ``(5) to request information from, and make comments and 
     recommendations to, the Secretary regarding any activities 
     taken with respect to such site.
       ``(b) Salary and Travel Expenses.--Any salary and travel 
     expense that would ordinarily be incurred by any affected 
     Indian tribe or affected unit of local government may not be 
     considered eligible for funding under this section.
       ``(c) Financial and Technical Assistance.--
       ``(1) Assistance requests.--The Secretary is authorized to 
     offer to provide financial and technical assistance to any 
     affected Indian tribe or affected unit of local government 
     requesting such assistance. Such assistance shall be designed 
     to mitigate the impact on the affected Indian tribe or 
     affected unit of local government of the development of the 
     integrated management system.
       ``(2) Report.--Any affected Indian tribe or affected unit 
     of local government may request assistance under this section 
     by preparing and submitting to the Secretary a report on the 
     economic, social, public health and safety, and environmental 
     impacts that are likely to result from activities of the 
     integrated management system.
       ``(d) Other Assistance.--
       ``(1) Taxable amounts.--In addition to financial assistance 
     provided under this subsection, the Secretary is authorized 
     to grant to any affected Indian tribe or affected unit of 
     local government an amount each fiscal year equal to the 
     amount such affected Indian tribe or affected unit of local 
     government, respectively, would receive if authorized to tax 
     integrated management system activities, as such affected 
     Indian tribe or affected unit of local government taxes the 
     non-Federal real property and industrial activities occurring 
     within such affected unit of local government.
       ``(2) Termination.--Such grants shall continue until such 
     time as all such activities, development, and operations are 
     terminated at such site.
       ``(3) Assistance to indian tribes and units of local 
     government.--
       ``(A) Period.--Any affected Indian tribe or affected unit 
     of local government may not receive any grant under paragraph 
     (1) after the expiration of the 1-year period following the 
     date on which the Secretary notifies the affected Indian 
     tribe or affected unit of local government of the termination 
     of the operation of the integrated management system.
       ``(B) Activities.--Any affected Indian tribe or affected 
     unit of local government may not receive any further 
     assistance under this section if the integrated management 
     system activities at such site are terminated by the 
     Secretary or if such activities are permanently enjoined by 
     any court.

     ``SEC. 302. ON-SITE REPRESENTATIVE.

       ``The Secretary shall offer to the unit of local government 
     within whose jurisdiction a site for an interim storage 
     facility or repository is located under this Act an 
     opportunity to designate a representative to conduct onsite 
     oversight activities at such site. The Secretary is 
     authorized to pay the reasonable expenses of such 
     representative.

     ``SEC. 303. ACCEPTANCE OF BENEFITS.

       ``(A) Consent.--The acceptance or use of any of the 
     benefits provided under this title by any affected Indian 
     tribe or affected unit of local government shall not be 
     deemed to be an expression of consent, express, or implied, 
     either under the Constitution of the State or any law 
     thereof, to the siting of an interim storage facility or 
     repository in the State of Nevada, any provision of such 
     Constitution of laws to the contrary notwithstanding.
       ``(b) Arguments.--Neither the United States nor any other 
     entity many assert any argument based on legal or equitable 
     estoppel, or acquiescence, or waiver, or consensual 
     involvement, in response to any decision by the State to 
     oppose the siting in Nevada of an interim storage facility 
     or repository premised upon or related to the acceptance 
     or use of benefits under this title.
       ``(c) Liability.--No liability of any nature shall accrue 
     to be asserted against any official of any governmental unit 
     of Nevada premised solely upon the acceptance or use of 
     benefits under this title.

     ``SEC. 304. RESTRICTIONS ON USE OF FUNDS.

       ``None of the funding provided under this title 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; and
       ``(3) to support multistate efforts or other coalition-
     building activities inconsistent with the purposes of this 
     Act.

     ``SEC. 305. LAND CONVEYANCES.

       ``(a) Conveyances of Public Lands.--One hundred and twenty 
     days after enactment of this Act, all right, title and 
     interest of the United States in the property described in 
     subsection (b), and improvements thereon, together with all 
     necessary easements for utilities and ingress and egress to 
     such property, including, but not limited to, the right to 
     improve those easements, are conveyed by operation of law to 
     the County of Nye, Nevada, unless the county notifies the 
     Secretary of the Interior or the head of such other 
     appropriate agency in writing within 60 days of such date of 
     enactment that it elects not to take title to all or any part 
     of the property, except that any lands conveyed to the County 
     of Nye under this subsection that are subject to a Federal 
     grazing permit or lease or a similar federally granted permit 
     or lease shall be conveyed between 60 and 120 days of the 
     earliest time the Federal agency administering or granting 
     the permit or lease would be able to legally terminate such 
     right under the statutes and regulations existing at the date 
     of enactment of this Act, unless Nye County and the affected 
     holder of the permit or lease negotiate an agreement that 
     allows for an earlier conveyance.
       ``(b) Special Conveyances.--Notwithstanding any other law, 
     the following public lands depicted on the maps and legal 
     descriptions dated October 11, 1995, and on file with the 
     Secretary shall be conveyed under subsection (a) to the 
     County of Nye, Nevada:
       ``Map 1: Proposed Pahrump Industrial Park Site
       ``Map 2: Proposed Lathrop Wells (Gate 510) Industrial Park 
     Site
       ``Map 3: Pahrump Landfill Sites
       ``Map 4: Amargosa Valley Regional Landfill Site
       ``Map 5: Amargosa Valley Municipal Landfill Site
       ``Map 6: Beatty Landfill/Transfer Station Site
       ``Map 7: Round Mountain Landfill Site
       ``Map 8: Tonopah Landfill Site
       ``Map 9: Gabbs Landfill Site.
       ``(3) Construction.--The maps and legal descriptions of 
     special conveyances referred to in subsection (b) shall have 
     the same force and effect as if they were included in this 
     Act. The Secretary may correct clerical and typographical 
     errors in the maps and legal descriptions and make minor 
     adjustments in the boundaries of the sites.
       ``(4) Evidence of title transfer.--Upon the request of the 
     County of Nye, Nevada, the Secretary of the Interior shall 
     provide evidence of title transfer.

                  ``TITLE IV--FUNDING AND ORGANIZATION

     ``SEC. 401. PROGRAM FUNDING.

       ``(a) Contracts.--
       ``(1) Authority of Secretary.--In the performance of the 
     Secretary's functions under this Act, the Secretary is 
     authorized to enter

[[Page S8653]]

     into contracts with any person who generates or holds title 
     to spent nuclear fuel or high level radioactive waste of 
     domestic origin for the acceptance of title and possession, 
     transportation, interim storage, and disposal of such waste 
     or spent fuel. Such contracts shall provide for payment of 
     annual fees to the Secretary in the amounts set by the 
     Secretary pursuant to paragraphs (2) and (3). Except as 
     provided in paragraph (3), fees assessed pursuant to this 
     paragraph shall be paid to the Treasury of the United States 
     and shall be available for use by the Secretary pursuant to 
     this section until expended. Subsequent to the date of 
     enactment of the Nuclear Waste Policy Act of 1996, the 
     contracts executed under section 302(a) of the Nuclear Waste 
     Policy Act of 1982 shall continue in effect under this Act, 
     provided that the Secretary shall consent to an amendment to 
     such contracts as necessary to implement the provisions of 
     this Act.
       ``(2) Annual Fees.--
       ``(A) For electricity generated by civilian nuclear power 
     reactors and sold between January 7, 1983, and September 30, 
     2002, the fee under paragraph (1) shall be equal to 1.0 mill 
     per kilowatt hour generated and sold. For electricity 
     generated by civilian nuclear power reactors and sold on or 
     after October 1, 2002, the aggregate amount of fees collected 
     during each fiscal year shall be no greater than the annual 
     level of appropriations for expenditures on those activities 
     consistent with subsection (d) for that fiscal year, minus--
       ``(i) any unobligated balance collected pursuant to this 
     section during the previous fiscal year; and
       ``(ii) the percentage of such appropriation required to be 
     funded by the Federal Government pursuant to section 403.

     The Secretary shall determine the level of the annual fee for 
     each civilian nuclear power reactor based on the amount of 
     electricity generated and sold, except that the annual fee 
     collected under this subparagraph shall not exceed 1.0 mill 
     per kilowatt-hour generated and sold.
       ``(B) Expenditures if shortfall.--If, during any fiscal 
     year on or after October 1, 2002, the aggregate amount of 
     fees assessed pursuant to subparagraph (A) is less than the 
     annual level of appropriations for expenditures on those 
     activities specified in subsection (d) for that fiscal year, 
     minus--
       ``(i) any unobligated balance collected pursuant to this 
     section during the previous fiscal year; and
       ``(ii) the percentage of such appropriations required to be 
     funded by the Federal Government pursuant to section 403,

     the Secretary may make expenditures from the Nuclear Waste 
     Fund up to the level of the fees assessed.
       ``(C) Rules.--The Secretary shall, by rule, establish 
     procedures necessary to implement this paragraph.
       ``(3) One-time fee.--For spent nuclear fuel or solidified 
     high-level radioactive waste derived from spent nuclear fuel, 
     which fuel was used to generate electricity in a civilian 
     nuclear power reactor prior to January 7, 1983, the fee shall 
     be in an amount equivalent to an average charge of 1.0 mill 
     per kilowatt-hour for electricity generated by such spent 
     nuclear fuel, or such solidified high-level waste derived 
     therefrom. Payment of such one-time fee prior to the date of 
     enactment of the Nuclear Waste Policy Act of 1996 shall 
     satisfy the obligation imposed under this paragraph. Any one-
     time fee paid and collected subsequent to the date of 
     enactment of the Nuclear Waste Policy Act of 1966 pursuant to 
     the contracts, including any interest due pursuant to such 
     contracts, shall be paid to the Nuclear Waste Fund no 
     later than September 30, 2002. The Commission shall 
     suspend the license of any licensee who fails or refuses 
     to pay the full amount of the fee referred to in this 
     paragraph on or before September 30, 2002, and the license 
     shall remain suspended until the full amount of the fee 
     referred to in this paragraph is paid. The person paying 
     the fee under this paragraph to the Secretary shall have 
     no further financial obligation to the Federal Government 
     for the long-term storage and permanent disposal of spend 
     fuel or high-level radioactive waste derived from spent 
     nuclear fuel used to generate electricity in a civilian 
     power reactor prior to January 7, 1983.
       ``(4) Adjustments to fee.--The Secretary shall annually 
     review the amount of the fees established by paragraphs (2) 
     and (3), together with the existing balance of the Nuclear 
     Waste Fund on the date of enactment of the Nuclear Waste 
     Policy Act of 1996, to evaluate whether collection of the fee 
     will provide sufficient revenues to offset the costs as 
     defined in subsection (c)(2). In the event the Secretary 
     determines that the revenues being collected are either 
     insufficient or excessive to recover the costs incurred by 
     the Federal Government that are specified in subsection 
     (c)(2), the Secretary shall propose an adjustment to the fee 
     in subsection (c)(2) to ensure full cost recovery. The 
     Secretary shall immediately transmit the proposal for such an 
     adjustment to both houses of Congress.
       ``(b) Advance Contracting Requirement.--
       ``(1) In general.--
       ``(A) License issuance and renewal.--The Commission shall 
     not issue or renew a license to any person to use a 
     utilization or production facility under the authority of 
     section 103 or 104 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2133, 2134) unless--
       ``(i) such person has entered into a contract under 
     subsection (a) with the Secretary; or
       ``(ii) the Secretary affirms in writing that such person is 
     actively and in good faith negotiating with the Secretary for 
     a contract under this section.
       ``(B) Precondition.--The Commission, as it deems necessary 
     or appropriate, may require as a precondition to the issuance 
     or renewal of a license under section 103 or 104 of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134) that the 
     applicant for such license shall have entered into an 
     agreement with the Secretary for the disposal of spent 
     nuclear fuel and high-level radioactive waste that may result 
     from the use of such license.
       ``(2) Disposal in repository.--Except as provided in 
     paragraph (1), no spent nuclear fuel or high-level 
     radioactive waste generated or owned by any person (other 
     than a department of the United States referred to in section 
     101 or 102 of title 5, United States Code) may be disposed of 
     by the Secretary in the repository unless the generator or 
     owner of such spent fuel or waste has entered into a contract 
     under subsection (a) with the Secretary by not later than the 
     date on which such generator or owner commences generation 
     of, or takes title to, such spent fuel or waste.
       ``(3) Assignment.--The rights and duties of contract 
     holders are assignable.
       ``(c) Nuclear Waste Fund.--
       ``(1) In general.--The Nuclear Waste Fund established in 
     the Treasury of the United States under section 302(c) of the 
     Nuclear Waste Policy Act of 1982 shall continue in effect 
     under this Act and shall consist of--
       ``(A) the existing balance in the Nuclear Waste Fund on the 
     date of enactment of the Nuclear Waste Policy Act of 1996; 
     and
       ``(B) all receipts, proceeds, and recoveries realized under 
     subsections (a), and (c)(3) subsequent to the date of 
     enactment of the Nuclear Policy Act of 1996, which shall be 
     deposited in the Nuclear Waste Fund immediately upon their 
     realization.
       ``(2) Use.--The Secretary may make expenditures from the 
     Nuclear Waste Fund, subject to subsections (d) and (e), only 
     for purposes of the integrated management system.
       ``(3) Administration of nuclear waste fund.--
       ``(A) In general.--The Secretary of the Treasury shall hold 
     the Nuclear Waste Fund and, after consultation with the 
     Secretary, annually report to the Congress on the financial 
     condition and operations of the Nuclear Waste Fund during the 
     preceding fiscal year.
       ``(B) Amounts in excess of current needs.--If the Secretary 
     determines that the Nuclear Waste Fund contains at any time 
     amounts in excess of current needs, the Secretary may request 
     the Secretary of the Treasury to invest such amounts, or any 
     portion of such amounts as the Secretary determines to be 
     appropriate, in obligations of the United States--
       ``(i) having maturities determined by the Secretary of the 
     Treasury to be appropriate to the needs of the Nuclear Waste 
     Fund; and
       ``(ii) bearing interest at rates determined to be 
     appropriate by the Secretary of the Treasury, taking into 
     consideration the current average market yield on outstanding 
     marketable obligations of the United States with remaining 
     periods to maturity comparable to the maturities of such 
     investments, except that the interest rate on such 
     investments shall not exceed the average interest rate 
     applicable to existing borrowings.
       ``(C) Exemption.--Receipts, proceeds, and recoveries 
     realized by the Secretary under this section, and 
     expenditures of amounts from the Nuclear Waste Fund, shall be 
     exempt from annual apportionment under the provisions of 
     subchapter II of chapter 15 of title 31, United States Code.
       ``(d) Budget.--The Secretary shall submit the budget for 
     implementation of the Secretary's responsibilities under this 
     Act to the Office of Management and Budget annually along 
     with the budget of the Department of Energy submitted at such 
     time in accordance with chapter II of title 31, United States 
     Code. The budget shall consist of the estimates made by the 
     Secretary of expenditures under this Act and other relevant 
     financial matters for the succeeding 3 fiscal years, and 
     shall be included in the budget of the United States 
     Government.
       ``(e) Appropriations.--The Secretary may make expenditures 
     from the new Nuclear Waste Fund, subject to appropriations, 
     which shall remain available until expended.

     ``SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

       ``(a) Establishment.--There hereby is established within 
     the Department of Energy an Office of Civilian Radioactive 
     Waste Management. The Office shall be headed by a Director, 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate, and who shall be 
     compensated at the rate payable for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code.
       ``(b) Functions of Director.--The Director of the Office 
     shall be responsible for carrying out the functions of the 
     Secretary under this Act, subject to the general supervision 
     of the Secretary. The Director of the Office shall be 
     directly responsible to the Secretary.

     ``SEC. 403. FEDERAL CONTRIBUTION.

       ``(a) Allocation.--No later than one year from the date of 
     enactment of the Nuclear Waste Policy Act of 1996, acting 
     pursuant to section 553 of title 5, United States Code, the 
     Secretary shall issue a final rule establishing the 
     appropriate portion of the costs of

[[Page S8654]]

     managing spent nuclear fuel and high-level radioactive waste 
     under this Act allocable to the interim storage or 
     permanent disposal of spent nuclear fuel and high-level 
     radioactive waste from atomic energy defense activities 
     and spent nuclear fuel from foreign research reactors. The 
     share of costs allocable to the management of spent 
     nuclear fuel and high-level radioactive waste from atomic 
     energy defense activities and spent nuclear fuel from 
     foreign research reactors shall include,
       ``(1) an appropriate portion of the costs associated with 
     research and development activities with respect to 
     development of an interim storage facility and repository; 
     and
       ``(2) as appropriate, interest on the principal amounts due 
     calculated by reference to the appropriate Treasury bill rate 
     as if the payments were made at a point in time consistent 
     with the payment dates for spent nuclear fuel and high-level 
     radioactive waste under the contracts.
       ``(b) Appropriation Request.--In addition to any request 
     for an appropriation from the Nuclear Waste Fund, the 
     Secretary shall request annual appropriations from general 
     revenues in amounts sufficient to pay the costs of the 
     management of spent nuclear fuel and high-level radioactive 
     waste from atomic energy defense activities and spent nuclear 
     fuel from foreign research reactors, as established under 
     subsection (a).
       ``(c) Report.--In conjunction with the annual report 
     submitted to Congress under Section 702, the Secretary shall 
     advise the Congress annually of the amount of spent nuclear 
     fuel and high-level radioactive waste from atomic energy 
     defense activities and spent nuclear fuel from foreign 
     research reactors, requiring management in the integrated 
     management system.
       ``(d) Authorization.--There is authorized to be 
     appropriated to the Secretary, from general revenues, for 
     carrying out the purposes of this Act, such sums as may be 
     necessary to pay the costs of the management of spent nuclear 
     fuel and high-level radioactive waste from atomic energy 
     defense activities and spent nuclear fuel from foreign 
     research reactors, as established under subsection (a).

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

     ``SEC. 501. COMPLIANCE WITH OTHER LAWS.

       ``If the requirements of any Federal, State, or local law 
     (including a requirement imposed by regulation or by any 
     other means under such a law) are inconsistent with or 
     duplicative of the requirements of the Atomic Energy Act of 
     1954 (42 U.S.C. 2011 et seq.) or of this Act, the Secretary 
     shall comply only with the requirements of the Atomic Energy 
     Act of 1954 and of this Act in implementing the integrated 
     management system.

     ``SEC. 502. JUDICIAL REVIEW OF AGENCY ACTIONS.

       ``(a) Jurisdiction of the United States Courts of 
     Appeals.--
       ``(1) Original and exclusive jurisdiction.--Except for 
     review in the Supreme Court of the United States, and except 
     as otherwise provided in this Act, the United States courts 
     of appeals shall have original and exclusive jurisdiction 
     over any civil action--
       ``(A) for review of any final decision or action of the 
     Secretary, the President, or the Commission under this Act;
       ``(B) alleging the failure of the Secretary, the President, 
     or the Commission to make any decision, or take any action, 
     required under this Act;
       ``(C) challenging the constitutionality of any decision 
     made, or action taken, under any provision of this Act; or
       ``(D) for review of any environmental impact statement 
     prepared or environmental assessment pursuant to the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with respect to any action under this Act or alleging a 
     failure to prepare such statement with respect to any such 
     action.
       ``(2) Venue.--The venue of any proceeding under this 
     section shall be in the judicial circuit in which the 
     petitioner involved resides or has its principal office, or 
     in the United States Court of Appeals for the District of 
     Columbia Circuit.
       ``(b) Deadline for Commencing Action.--A civil action for 
     judicial review described under subsection (a)(1) may be 
     brought no later than 180 days after the date of the decision 
     or action or failure to act involved, as the case may be, 
     except that if a party shows that he did not know of the 
     decision or action complained of (or of the failure to act), 
     and that a reasonable person acting under the circumstances 
     would not have known, such party may bring a civil action no 
     later than 180 days after the date such party acquired actual 
     or constructive knowledge or such decision, action, or 
     failure to act.
       ``(c) Application of Other Law.--The provisions of this 
     section relating to any matter shall apply in lieu of the 
     provisions of any other Act relating to the same matter.

     ``SEC. 503. LICENSING OF FACILITY EXPANSIONS AND 
                   TRANSSHIPMENTS.

       ``(a) Oral Argument.--In any Commission hearing under 
     section 189 of the Atomic Energy Act of 1954 (42 U.S.C. 2239) 
     on an application for a license, or for an amendment to an 
     existing license, filed after January 7, 1983, to expand the 
     spent nuclear fuel storage capacity at the site of a civilian 
     nuclear power reactor, through the use of high-density fuel 
     storage racks, fuel rod compaction, the transshipment of 
     spent nuclear fuel to another civilian nuclear power reactor 
     within the same utility system, the construction of 
     additional spent nuclear fuel pool capacity or dry storage 
     capacity, or by other means, the Commission shall, at the 
     request of any party, provide an opportunity for oral 
     argument with respect to any matter which the Commission 
     determines to be in controversy among the parties. The oral 
     argument shall be preceded by such discovery procedures as 
     the rules of the Commission shall provide. The Commission 
     shall require each party, including the Commission staff, to 
     submit in written form, at the time of the oral argument, a 
     summary of the facts, data, and arguments upon which such 
     party proposes to rely that are known at such time to such 
     party. Only facts and data in the form of sworn testimony or 
     written submission may be relied upon by the parties during 
     oral argument. Of the materials that may be submitted by the 
     parties during oral argument, the Commission shall only 
     consider those facts and data that are submitted in the form 
     of sworn testimony or written submission.
       ``(b) Adjudicatory Hearing.--
       ``(1) Designation.--At the conclusion of any oral argument 
     under subsection (a), the Commission shall designate any 
     disputed question of fact, together with any remaining 
     questions of law, for resolution in an adjudicatory hearing 
     only if it determines that--
       ``(A) there is a genuine and substantial dispute of fact 
     which can only be resolved with sufficient accuracy by the 
     introduction of evidence in an adjudicatory hearing; and
       ``(B) the decision of the Commission is likely to depend in 
     whole or in part on the resolution of such dispute.
       ``(2) Determination.--In making a determination under this 
     subsection, the Commission--
       ``(A) shall designate in writing the specific facts that 
     are in genuine and substantial dispute, the reason why the 
     decision of the agency is likely to depend on the resolution 
     of such facts, and the reason why an adjudicatory hearing is 
     likely to resolve the dispute; and
       ``(B) shall not consider--
       ``(i) any issue relating to the design, construction, or 
     operation of any civilian nuclear power reactor already 
     licensed to operate at such site, or any civilian nuclear 
     power reactor to which a construction permit has been 
     granted at such site, unless the Commission determines 
     that any such issue substantially affects the design, 
     construction, or operation of the facility or activity for 
     which such license application, authorization, or 
     amendment is being considered; or
       ``(ii) any siting or design issue fully considered and 
     decided by the Commission in connection with the issuance of 
     a construction permit or operating license for a civilian 
     nuclear power reactor at such site, unless
       ``(I) such issue results from any revision of siting or 
     design criteria by the Commission following such decision; 
     and
       ``(II) the Commission determines that such issue 
     substantially affects the design, construction, or operation 
     of the facility or activity for which such license 
     application, authorization, or amendment is being considered
       ``(3) Application.--The provisions of paragraph (2)(B) 
     shall apply only with respect to licenses, authorizations, or 
     amendments to licenses or authorizations, applied for under 
     the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) before 
     December 31, 2005.
       ``(4) Construction.--The provisions of this section shall 
     not apply to the first application for a license or license 
     amendment received by the Commission to expand onsite spent 
     fuel storage capacity by the use of a new technology not 
     previously approved for use at any nuclear power plant by the 
     Commission.
       ``(c) Judicial Review.--No court shall hold unlawful or set 
     aside a decision of the Commission in any proceeding 
     described in subsection (a) because of a failure by the 
     Commission to use a particular procedure pursuant to this 
     section unless--
       ``(1) an objection to the procedure used was presented to 
     the Commission in a timely fashion or there are extraordinary 
     circumstances that excuse the failure to present a timely 
     objection; and
       ``(2) the court finds that such failure has precluded a 
     fair consideration and informed resolution of a significant 
     issue of the proceeding taken as a whole.

     ``SEC. 504. SITING A SECOND REPOSITORY.

       ``(a) Congressional Action Required.--The Secretary may not 
     conduct site specific activities with respect to a second 
     repository unless Congress has specifically authorized and 
     appropriated funds for such activities.
       ``(b) Report.--The Secretary shall report to the President 
     and to Congress on or after January 1, 2007, but not later 
     than January 1, 2010, on the need for a second repository.

     ``SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE 
                   WASTE SITE CLOSURE.

       ``(a) Financial Arrangements.--
       ``(1) Standards and instructions).--The Commission shall 
     establish by rule, regulation, or order, after public notice, 
     and in accordance with section 181 of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2231), such standards and instructions as 
     the Commission may deem necessary or desirable to ensure in 
     the case of each license for the disposal of low-level 
     radioactive waste that an adequate bond, surety, or other 
     financial arrangement (as determined by the Commission) will 
     be provided by a licensee to permit completion of all 
     requirements established by the Commission for the 
     decontamination, decommissioning, site closure, and 
     reclamation of

[[Page S8655]]

     sites, structures, and equipment used in conjunction with 
     such low-level radioactive waste. Such financial arrangements 
     shall be provided and approved by the Commission, or, in the 
     case of sites within the boundaries of any agreement State 
     under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2021), by the appropriate State or State entity, prior to 
     issuance of licenses for low-level radioactive waste 
     disposal or, in the case of licenses in effect on January 
     7, 1983, prior to termination of such licenses.
       ``(2) Bonding, surety, or other financial arrangements.--If 
     the Commission determines that any long-term maintenance or 
     monitoring, or both, will be necessary at a site described in 
     paragraph (1), the Commission shall ensure before termination 
     of the license involved that the licensee has made available 
     such bonding, surety, or other financial arrangements as may 
     be necessary to ensure that any necessary long-term 
     maintenance or monitoring needed for such site will be 
     carried out by the person having title and custody for such 
     site following license termination.
       ``(b) Title and Custody.--
       ``(1) Authority of Secretary.--The Secretary shall have 
     authority to assume title and custody of low-level 
     radioactive waste and the land on which such waste is 
     disposed of, upon request of the owner of such waste and land 
     and following termination of the license issued by the 
     Commission for such disposal, if the Commission determines 
     that--
       ``(A) the requirements of the Commission for site closure, 
     decommissioning, and decontamination have been met by the 
     licensee involved and that such licensee is in compliance 
     with the provisions of subsection (a);
       ``(B) such title and custody will be transferred to the 
     Secretary without cost to the Federal Government; and
       ``(C) Federal ownership and management of such site is 
     necessary or desirable in order to protect the public health 
     and safety, and the environment.
       ``(2) Protection.--If the Secretary assumes title and 
     custody of any such waste and land under this subsection, the 
     Secretary shall maintain such waste and land in a manner that 
     will protect the public health and safety, and the 
     environment.
       ``(c) Special Sites.--If the low-level radioactive waste 
     involved is the result of a licensed activity to recover 
     zirconium, hafnium, and rare earths from source material, the 
     Secretary, upon request of the owner of the site involved, 
     shall assume title and custody of such waste and the land on 
     which it is disposed when such site has been decontaminated 
     and stabilized in accordance with the requirements 
     established by the Commission and when such owner has made 
     adequate financial arrangements approved by the Commission 
     for the long-term maintenance and monitoring of such site.

     ``SEC. 506 NUCLEAR REGULATORY COMMISSION TRAINING 
                   AUTHORIZATION.

       ``The Commission is authorized and directed to promulgate 
     regulations, or other appropriate regulatory guidance, for 
     the training and qualifications of civilian nuclear power 
     plant operators, supervisors, technicians, and other 
     appropriate operating personnel. Such regulations or guidance 
     shall establish simulator training requirements for 
     applicants for civilian nuclear power plant operator licenses 
     and for operator requalification programs; requirements 
     governing Commission administration of requalification 
     examinations; requirements for operating tests at civilian 
     nuclear power plant simulators, and instructional 
     requirements for civilian nuclear power plant licensee 
     personnel training programs.

     ``SEC. 507. EMPLACEMENT SCHEDULE.

       ``(a) The emplacement schedule shall be implemented in 
     accordance with the following:
       ``(1) Emplacement priority ranking shall be determined by 
     the Department's annual `Acceptance Priority Ranking' report.
       ``(2) The Secretary's spent fuel emplacement rate shall be 
     no less than the following: 1,200 MTU in fiscal year 2000 and 
     1,200 MTU in fiscal year 2001; 2,000 MTU in fiscal year 2002 
     and 2000 MTU in fiscal year 2003; 2,700 MTU in fiscal year 
     2004; and 3,000 MTU annually thereafter.
       ``(b) If the Secretary is unable to begin emplacement by 
     January 31, 1999 at the rates specified in subsection (a), or 
     if the cumulative amount emplaced in any year thereafter is 
     less than that which would have been accepted under the 
     emplacement rate specified in subsection (a), the Secretary 
     shall, as a mitigation measure, adjust the emplacement 
     schedule upward such that within 5 years of the start of 
     emplacement by the Secretary,
       ``(1) the total quantity accepted by the Secretary is 
     consistent with the total quantity that the Secretary would 
     have accepted if the Secretary had began emplacement in 
     fiscal year 2000, and
       ``(2) thereafter the emplacement rate is equivalent to the 
     rate that would be in place pursuant to paragraph (a) above 
     if the Secretary had commenced emplacement in fiscal year 
     2000.

     ``SEC. 508. TRANSFER OF TITLE.

       ``(a) Acceptance by the Secretary of any spent nuclear fuel 
     or high-level radioactive waste shall constitute a transfer 
     of title to the Secretary.
       ``(b) No later than 6 months following the date of 
     enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary is authorized to accept all spent nuclear fuel 
     withdrawn from Dairyland Power Cooperative's La Crosse 
     Reactor and, upon acceptance, shall provide Dairyland Power 
     Cooperative with evidence of the title transfer. Immediately 
     upon the Secretary's acceptance of such spent nuclear fuel, 
     the Secretary shall assume all responsibility and liability 
     for the interim storage and permanent disposal thereof and is 
     authorized to compensate Dairyland Power Cooperative for any 
     costs related to operating and maintaining facilities 
     necessary for such storage from the date of acceptance until 
     the Secretary removes the spent nuclear fuel from the La 
     Crosse Reactor site.

     ``SEC. 509. DECOMMISSIONING PILOT PROGRAM.

       ``(a) Authorization.--The Secretary is authorized to 
     establish a Decommissioning Pilot Program to decommission and 
     decontaminate the sodium-cooled fast breeder experimental 
     test-site reactor located in northwest Arkansas.
       ``(b) Funding.--No funds from the Nuclear Waste Fund may be 
     used for the Decommissioning Pilot Program.

     ``SEC. 510. WATER RIGHTS.

       ``(a) No Federal Reservation.--Nothing in this Act or any 
     other Act of Congress shall constitute or be construed to 
     constitute either an express or implied Federal reservation 
     of water or water rights for any purpose arising under this 
     Act.
       ``(b) Acquisition and Exercise of Water Rights Under Nevada 
     Law.--The United States may acquire and exercise such water 
     rights as it deems necessary to carry out its 
     responsibilities under this Act pursuant to the substantive 
     and procedural requirements of the State of Nevada. Nothing 
     in this Act shall be construed to authorize the use of 
     eminent domain by the United States to acquire water rights 
     for such lands.
       ``(c) Exercise of Water Rights Generally Under Nevada 
     Laws.--Nothing in this Act shall be construed to limit the 
     exercise of water rights as provided under Nevada State laws.

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

     ``SEC. 601. DEFINITIONS.

       ``For purposes of this title--
       ``(1) Chairman.--The term `Chairman' means the Chairman of 
     the Nuclear Waste Technical Review Board.
       ``(2) Board.--The term `Board' means the Nuclear Waste 
     Technical Review Board continued under section 602.

     ``SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW BOARD.

       ``(a) Continuation of the Nuclear Waste Technical Review 
     Board.--The Nuclear Waste Technical Review Board, established 
     under section 502(a) of the Nuclear Waste Policy Act of 1982 
     as constituted prior to the date of enactment of the Nuclear 
     Waste Policy Act of 1996, shall continue in effect subsequent 
     to the date of enactment of the Nuclear Waste Policy Act of 
     1996.
       ``(b) Members.--
       ``(1) Number.--The Board shall consist of 11 members who 
     shall be appointed by the President not later than 90 days 
     after December 22, 1987, from among persons nominated by the 
     national Academy of Sciences in accordance with paragraph 
     (3).
       ``(2) Chair.--The President shall designate a member of the 
     Board to serve as Chairman.
       ``(3) National academy of sciences.--
       ``(A) Nominations.--The National Academy of Sciences shall, 
     not later than 90 days after December 22, 1987, nominate not 
     less than 22 persons for appointment to the Board from among 
     persons who meet the qualifications described in subparagraph 
     (C).
       ``(B) Vacancies.--The National Academy of Sciences shall 
     nominate not less than 2 persons to fill any vacancy on the 
     Board from among persons who meet the qualifications 
     described in subparagraph (C).
       ``(C) Nominees.--
       ``(i) Each person nominated for appointment to the Board 
     shall be--
       ``(I) eminent in a field of science or engineering, 
     including environmental sciences; and
       ``(II) selected solely on the basis of established records 
     of distinguished service.
       ``(ii) The membership of the Board shall be representatives 
     of the broad range of scientific and engineering disciplines 
     related to activities under this title.
       ``(iii) No person shall be nominated for appointment to the 
     Board who is an employee of--
       ``(I) the Department of Energy;
       ``(II) a national laboratory under contract with Department 
     of Energy; or
       ``(III) an entity performing spent nuclear fuel or high-
     level radioactive waste activities under contract with the 
     Department of Energy.
       ``(4) Vacancies.--Any vacancy on the Board shall be filed 
     by the nomination and appointment process described in 
     paragraphs (1) and (3).
       ``(5) Terms.--Members of the Board shall be appointed for 
     terms of 4 years, each such term to commence 120 days after 
     December 22, 1987, except that of the 11 members first 
     appointed to the Board, 5 shall serve for 2 years and 6 shall 
     serve for 4 years, to be designated by the President at the 
     time of appointment, except that a member of the Board whose 
     term has expired may continue to serve as a member of the 
     Board until such member's successor has taken office.

     ``SEC. 603. FUNCTIONS.

       ``The Board shall limit its evaluations to the technical 
     and scientific validity solely of the following activities 
     undertaken directly by the Secretary after December 22, 
     1987--

[[Page S8656]]

       ``(1) site characterization activities; and
       ``(2) activities of the Secretary relating to the packaging 
     or transportation of spent nuclear fuel or high-level 
     radioactive waste.

     ``SEC. 604. INVESTIGATORY POWERS.

       ``(a) Hearings.--Upon request of the Chairman or a majority 
     of the members of the Board, the Board may hold such 
     hearings, sit and act at such times and places, take such 
     testimony, and receive such evidence, as the Board considers 
     appropriate. Any member of the Board may administer oaths or 
     affirmations to witnesses appearing before the Board. The 
     Secretary or the Secretary's designee or designees shall not 
     be required to appear before the Board or any element of the 
     Board for more than twelve working days per calendar year.
       ``(b) Production of Documents.--
       ``(1) Response to inquiries.--Upon the request of the 
     Chairman or a majority of the members of the Board, and 
     subject to existing law, the Secretary (or any contractor of 
     the Secretary) shall provide the Board with such records, 
     files, papers, data, or information that is generally 
     available to the public as may be necessary to respond to any 
     inquiry of the Board under this title.
       ``(2) Extent.--Subject to existing law, information 
     obtainable under paragraph (1) may include drafts of products 
     and documentation of work in progress.

     ``SEC. 605. COMPENSATION OF MEMBERS.

       ``(A) In General.--Each member of the Board shall be paid 
     at the rate of pay payable for level III of the Executive 
     Schedule for each day (including travel time) such member is 
     engaged in the work of the Board.
       ``(b) Travel Expenses.--Each member of the Board may 
     receive travel expenses, including per diem in lieu of 
     subsidence, in the same manner as is permitted under sections 
     5702 and 5703 of title 5, United States Code.

     ``SEC. 606. STAFF.

       ``(a) Clerical Staff.--
       ``(1) Authority of chairman.--Subject to paragraph (2), the 
     Chairman may appoint and fix the compensation of such 
     clerical staff as may be necessary to discharge the 
     responsibilities of the Board.
       ``(2) Provisions of title 5.--Clerical staff shall be 
     appointed subject to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, and 
     shall be paid in accordance with the provisions of chapter 51 
     and subchapter III of chapter 3 of such title relating to 
     classification and General Schedule pay rates.
       ``(b) Professional Staff.--
       ``(1) Authority of Chairman.--Subject to paragraphs (2) and 
     (3), the Chairman may appoint and fix the compensation of 
     such professional staff as may be necessary to discharge the 
     responsibilities of the Board.
       ``(2) Number.--Not more than 10 professional staff members 
     may be appointed under this subsection.
       ``(3) Title 5.--Professional staff members may be appointed 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, and 
     may be paid without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     individual so appointed may receive pay in excess of the 
     annual rate of basic pay payable for GS-18 of the General 
     Schedule.

     ``SEC. 607. SUPPORT SERVICES.

       ``General Services.--To the extent permitted by law and 
     requested by the Chairman, the Administrator of General 
     Services shall provide the Board with necessary 
     administrative services, facilities, and support on a 
     reimbursable basis.
       ``(b) Accounting, Research, and Technology Assessment 
     Services.--The Comptroller General and the Librarian of 
     Congress shall, to the extent permitted by law and subject to 
     the availability of funds, provide the Board with such 
     facilities, support, funds and services, including staff, as 
     may be necessary for the effective performance of the 
     functions of the Board.
       ``(c) Additional Support.--Upon the request of the 
     Chairman, the Board may secure directly from the head of any 
     department or agency of the United States information 
     necessary to enable it to carry out this title.
       ``(d) Mails.--The Board may use the United States mails in 
     the same manner and under the same conditions as other 
     departments and agencies of the United States.
       ``(e) Experts and Consultants.--Subject to such rules as 
     may be prescribed by the Board, the Chairman may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5 of the United States Code, but at rates for 
     individuals not to exceed the daily equivalent of the maximum 
     annual rate of basic pay payable for GS-18 of the General 
     Schedule.

     ``SEC. 608. REPORT.

       ``The Board shall report not less than 2 times per year to 
     Congress and the Secretary its findings, conclusions, and 
     recommendations.

     ``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated for expenditures 
     such sums as may be necessary to carry out the provisions of 
     this title.

     ``SEC. 610. TERMINATION OF THE BOARD.

       ``The Board shall cease to exist not later than one year 
     after the date on which the Secretary begins disposal of 
     spent nuclear fuel or high-level radioactive waste in the 
     repository.

                     ``TITLE VII--MANAGEMENT REFORM

     ``SEC. 701. MANAGEMENT REFORM INITIATIVES.

       ``(a) In General.--The Secretary is directed to take 
     actions as necessary to improve the management of the 
     civilian radioactive waste management program to ensure that 
     the program is operated, to the maximum extent practicable, 
     in like manner as a private business.
       ``(b) Audits.--
       ``(1) Standard.--The Office of Civilian Radioactive Waste 
     Management, its contractors, and subcontractors at all tiers, 
     shall conduct, or have conducted, audits and examinations of 
     their operations in accordance with the usual and customary 
     practices of private corporations engaged in large nuclear 
     construction projects consistent with its role in the 
     program.
       ``(2) Time.--The management practices and performances of 
     the Office of Civilian Radioactive Waste Management shall be 
     audited every 5 years by an independent management consulting 
     firm with significant experience in similar audits of private 
     corporations engaged in large nuclear construction projects. 
     The first such audit shall be conducted 5 years after the 
     enactment of the Nuclear Waste Policy Act of 1996.
       ``(3) Comptroller General.--The Comptroller General of the 
     United States shall annually make an audit of the Office, in 
     accordance with such regulations as the Comptroller General 
     may prescribe. The Comptroller General shall have access to 
     such books, records, accounts, and other materials of the 
     Office as the Comptroller General determines to be necessary 
     for the preparation of such audit. The Comptroller General 
     shall submit to the Congress a report on the results of each 
     audit conducted under this section.
       ``(4) Time.--No audit contemplated by this subsection shall 
     take longer than 30 days to conduct. An audit report shall be 
     issued in final form no longer than 60 days after the audit 
     is commenced.
       ``(5) Public documents.--All audit reports shall be public 
     documents and available to any individual upon request.
       ``(d) Value Engineering.--The Secretary shall create a 
     value engineering function within the Office of Civilian 
     Radioactive Waste Management that reports directly to the 
     Director, which shall carry out value engineering functions 
     in accordance with the usual and customary practices of 
     private corporations engaged in large nuclear construction 
     projects.
       ``(e) Site Characterization.--The Secretary shall employ, 
     on an on-going basis, integrated performance modeling to 
     identify appropriate parameters for the remaining site 
     characterization effort and to eliminate studies of 
     parameters that are shown not to affect long-term repository 
     performance.

     ``SEC. 702. REPORTING.

       ``(a) Initial Report.--Within 180 days of enactment of this 
     section, the Secretary shall report to Congress on its 
     planned actions for implementing the provisions of this Act, 
     including the development of the Integrated Waste Management 
     System. Such report shall include--
       ``(1) an analysis of the Secretary's progress in meeting 
     its statutory and contractual obligation to accept title to, 
     possession of, and delivery of spent nuclear fuel and high-
     level radioactive waste beginning no later than November 30, 
     1999, and in accordance with the acceptance schedule;
       ``(2) a detailed schedule and timeline showing each action 
     that the Secretary intends to take to meet the Secretary's 
     obligations under this Act and the contracts;
       ``(3) a detailed description of the Secretary's contingency 
     plans in the event that the Secretary is unable to meet the 
     planned schedule and timeline; and
       ``(4) an analysis by the Secretary of its funding needs for 
     fiscal years 1997 through 2001.
       ``(b) Annual Reports.--On each anniversary of the submittal 
     of the report required by subsection (a), the Secretary shall 
     make annual reports to the Congress for the purpose of 
     updating the information contained in such report. The annual 
     reports shall be brief and shall notify the Congress of:
       ``(1) any modifications to the Secretary's schedule and 
     timeline for meeting its obligations under this Act.
       ``(2) the reasons for such modifications, and the status of 
     the implementation of any of the Secretary's contingency 
     plans; and
       ``(3) the Secretary's analysis of its funding needs for the 
     ensuing 5 fis cal years.

     ``SEC. 703. EFFECTIVE DATE.

       ``This Act shall become effective two days after 
     enactment.''.
                                                                    ____


                           Amendment No. 5016

       Beginning on page 1, line 3, strike ``the Nuclear'' and all 
     that follows and insert in lieu thereof the following: ``the 
     Nuclear Waste Policy Act of 1982 is amended to read as 
     follows:

     ``SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       ``(a) Short Title--This Act may be cited as the `Nuclear 
     Waste Policy Act of 1996'.
       ``(b) Table of Contents.--
``Sec. 1. Short title and table of contents.
``Sec. 2. Definitions.

                         ``TITLE I--OBLIGATIONS

``Sec. 101. Obligations of the Secretary of Energy.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

``Sec. 201. Intermodal transfer.
``Sec. 202. Transportation planning.

[[Page S8657]]

``Sec. 203. Transportation requirements.
``Sec. 204. Interim storage.
``Sec. 205. Permanent repository.
``Sec. 206. Land withdrawal.

                      ``TITLE III--LOCAL RELATIONS

``Sec. 301. Financial assistance.
``Sec. 302. On-Site representative.
``Sec. 303. Acceptance of benefits.
``Sec. 304. Restrictions on use of funds.
``Sec. 305. Land conveyances.

                  ``TITLE IV--FUNDING AND ORGANIZATION

``Sec. 401. Program funding.
``Sec. 402. Office of Civilian Radioactive Waste Management.
``Sec. 403. Federal contribution.

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

``Sec. 501. Compliance with other laws.
``Sec. 502  Judicial review of agency actions.
``Sec. 503. Licensing of facility expansions and transshipments.
``Sec. 504. Siting a second repository.
``Sec. 505. Financial arrangements for low-level radioactive waste site 
              closure.
``Sec. 506. Nuclear Regulatory Commission training authority.
``Sec. 507. Emplacement schedule.
``Sec. 508. Transfer of title.
``Sec. 509. Decommissioning pilot program.
``Sec. 510. Water rights.

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

``Sec. 601. Definitions.
``Sec. 602. Nuclear Waste Technical Review Board.
``Sec. 603. Functions.
``Sec. 604. Investigatory powers.
``Sec. 605. Compensation of members.
``Sec. 606. Staff.
``Sec. 607. Support services.
``Sec. 608. Report.
``Sec. 609. Authorization of appropriations.
``Sec. 610. Termination of the board.

                     ``TITLE VII--MANAGEMENT REFORM

``Sec. 701. Management reform initiatives.
``Sec. 702. Reporting.
``Sec. 703. Effective date.

     ``SEC. 2. DEFINITIONS.

       ``For purposes of this Act:
       ``(1) Accept, acceptance.--The terms `accept' and 
     `acceptance' mean the Secretary's act of taking possession of 
     spent nuclear fuel or high-level radioactive waste.
       ``(2) Affected indian tribe.--The term `affected Indian 
     tribe' means any Indian tribe--
       ``(A) whose reservation is surrounded by or borders an 
     affected unit of local government, or
       ``(B) whose federally defined possessory or usage rights to 
     other lands outside of the reservation's boundaries arising 
     out of congressionally ratified treaties may be substantially 
     and adversely affected by the locating of an interim storage 
     facility or a repository if the Secretary of the Interior 
     finds, upon the petition of the appropriate governmental 
     officials of the tribe, that such effects are both 
     substantial and adverse to the tribe.
       ``(3) Affected unit of local government.--The term 
     `affected unit of local government' means the unit of local 
     government with jurisdiction over the site of a repository or 
     interim storage facility. Such term may, at the discretion of 
     the Secretary, include other units of local government that 
     are contiguous with such unit.
       ``(4) Atomic energy defense activity.--The term `atomic 
     energy defense activity' means any activity of the Secretary 
     performed in whole or in part in carrying out any of the 
     following functions:
       ``(A) Naval reactors development.
       ``(B) Weapons activities including defense inertial 
     confinement fusion.
       ``(C) Verification and control technology.
       ``(D) Defense nuclear materials production.
       ``(E) Defense nuclear waste and materials byproducts 
     management.
       ``(F) Defense nuclear materials security and safeguards and 
     security investigations.
       ``(G) Defense research and development.
       ``(5) Civilian nuclear power reactor.--The term `civilian 
     nuclear power reactor' means a civilian nuclear power plant 
     required to be licensed under section 103 or 104 b. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
       ``(6) Commission.--The term `Commission' means the Nuclear 
     Regulatory Commission.
       ``(7) Contracts.--The term `contracts' means the contracts, 
     executed prior to the date of enactment of the Nuclear Waste 
     Policy Act of 1996, under section 302(a) of the Nuclear Waste 
     Policy Act of 1982, by the Secretary and any person who 
     generates or holds title to spent nuclear fuel or high-level 
     radioactive waste of domestic origin for acceptance of such 
     waste or fuel by the Secretary and the payment of fees to 
     offset the Secretary's expenditures, and any subsequent 
     contracts executed by the Secretary pursuant to section 
     401(a) of this Act.
       ``(8)  Contract holders.--The term `contract holders' means 
     parties (other than the Secretary) to contracts.
       ``(9) Department.--The term `Department' means the 
     Department of Energy.
       ``(10) Disposal.--The term `disposal' means the emplacement 
     in a repository of spent nuclear fuel, high-level radioactive 
     waste, or other highly radioactive material with no 
     foreseeable intent of recovery, whether or not such 
     emplacement permits recovery of such material for any future 
     purpose.
       ``(11) Disposal system.--The term `disposal system' means 
     all natural barriers and engineered barriers, and engineered 
     systems and components, that prevent the release of 
     radionuclides from the repository.
       ``(12) Emplacement schedule.--The term `emplacement 
     schedule' means the schedule established by the Secretary in 
     accordance with section 507(a) for emplacement of spent 
     nuclear fuel and high-level radioactive waste at the interim 
     storage facility.
       ``(13) Engineered barriers and engineered system and 
     components.--The term `engineered barriers' and `engineered 
     systems and components,' mean man-made components of a 
     disposal system. These terms include the spent nuclear fuel 
     or high-level radioactive waste form, spent nuclear fuel 
     package or high-level radioactive waste package, and other 
     materials placed over and around such packages.
       ``(14) High-level radioactive waste.--The term `high-level 
     radioactive waste' means--
       ``(A) the highly radioactive material resulting from the 
     reprocessing of spent nuclear fuel, including liquid waste 
     produced directly in reprocessing and any solid material 
     derived from such liquid waste that contains fission products 
     in sufficient concentrations; and
       ``(B) other highly radioactive material that the 
     Commission, consistent with existing law, determines by rule 
     requires permanent isolation, which includes any low-level 
     radioactive waste with concentrations of radionuclides that 
     exceed the limits established by the Commission for class C 
     radioactive waste, as defined by section 61.55 of title 10, 
     Code of Federal Regulations, as in effect on January 26, 
     1983.
       ``(15) Federal Agency.--The term `Federal agency' means any 
     Executive agency, as defined in section 105 of title 5, 
     United States Code.
       ``(16) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community of Indians recognized as eligible for the services 
     provided to Indians by the Secretary of the Interior because 
     of their status as Indians including any Alaska Native 
     village, as defined in section 3(c) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602(c)).
       ``(17) Integrated management system.--The term `integrated 
     management system' means the system developed by the 
     Secretary for the acceptance, transportation, storage, and 
     disposal of spent nuclear fuel and high-level radioactive 
     waste under title II of this Act.
       ``(18) Interim storage facility.--The term `interim storage 
     facility' means a facility designed and constructed for the 
     receipt, handling, possession, safeguarding, and storage of 
     spent nuclear fuel and high-level radioactive waste in 
     accordance with title II of this Act.
       ``(19) interim storage facility site.--The term `interim 
     storage facility site' means the specific site within Area 25 
     of the Nevada Test Site that is designated by the Secretary 
     and withdrawn and reserved in accordance with this Act for 
     this location of the interim storage facility.
       ``(20) Low-level radioactive waste.--The term `low-level 
     radioactive waste' means radioactive material that--
       ``(A) is not spent nuclear fuel, high-level radioactive 
     waste, transuranic waste, or byproduct material as defined in 
     section 11 e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2014(e)(2)); and
       ``(B) the Commission, consistent with existing law, 
     classifies as low-level radioactive waste.
       ``(21) Metric tons uranium.--The terms `metric tons 
     uranium' and `MTU' means the amount of uranium in the 
     original unirradiated fuel element whether or not the 
     spent nuclear fuel has been reprocessed.
       ``(22) Nuclear waste fund.--The terms `Nuclear Waste Fund' 
     and `waste fund' means the nuclear waste fund established in 
     the United States Treasury prior to the date of enactment of 
     this Act under section 302(c) of the Nuclear Waste Policy Act 
     of 1982.
       ``(23) Office.--The term `Office' means the Office of 
     Civilian Radioactive Waste Management established within the 
     Department prior to the date of enactment of this Act under 
     the provisions of the Nuclear Waste Policy Act of 1982.
       ``(24) Program approach.--The term `program approach' means 
     the Civilian Radioactive Waste Management Program Plan, dated 
     May 6, 1996, as modified by this Act, and as amended from 
     time to time by the Secretary in accordance with this Act.
       ``(25) Repository.--The term `repository' means a system 
     designed and constructed under title II of this Act for the 
     geologic disposal of spent nuclear fuel and high-level 
     radioactive waste, including both surface and subsurface 
     areas at which spent nuclear fuel and high-level radioactive 
     waste receipt, handling, possession, safeguarding, and 
     storage are conducted.
       ``(26) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(27) Site characterization.--The term `site 
     characterization' means activities, whether in a laboratory 
     or in the field, undertaken to establish the geologic 
     condition and the ranges of the parameters of a candidate 
     site relevant to the location of a repository, including 
     borings, surface excavations, excavations of exploratory 
     facilities, limited subsurface lateral excavations and 
     borings, and in situ testing needed to evaluate the 
     licensability of a candidate site for the location of a 
     repository, but not including preliminary borings and 
     geophysical testing needed to assess whether site 
     characterization should be undertaken.

[[Page S8658]]

       ``(28) Spent nuclear fuel.--The term `spent nuclear fuel' 
     means fuel that has been withdrawn from a nuclear reactor 
     following irradiation, the constituent elements of which have 
     not been separated by reprocessing.
       ``(29) Storage.--The term `storage' means retention of 
     spent nuclear fuel or high-level radioactive waste with the 
     intent to recover such waste or fuel for subsequent use, 
     processing, or disposal.
       ``(30) Withdrawal.--The term `withdrawal' has the same 
     definition as that set forth in section 103(j) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702(j)).
       ``(31) Yucca mountain site.--The term `Yucca Mountain site' 
     means the area in the State of Nevada that is withdrawn and 
     reserved in accordance with this Act for the location of a 
     repository.
                         ``TITLE I--OBLIGATIONS

     ``SEC. 101. OBLIGATIONS OF THE SECRETARY OF ENERGY.

       ``(a) Disposal.--The Secretary shall develop and operate an 
     integrated management system for the storage and permanent 
     disposal of spent nuclear fuel and high-level radioactive 
     waste.
       ``(b) Interim Storage.--The Secretary shall store spent 
     nuclear fuel and high-level radioactive waste from facilities 
     designated by contract holders at an interim storage facility 
     pursuant to section 204 in accordance with the emplacement 
     schedule, beginning not later than November 30, 1999.
       ``(c) Transportation.--The Secretary shall provide for the 
     transportation of spent nuclear fuel and high-level 
     radioactive waste accepted by the Secretary. The Secretary 
     shall procure all systems and components necessary to 
     transport spent nuclear fuel and high-level radioactive waste 
     from facilities designated by contract holders to and among 
     facilities comprising the Integrated Management System. 
     Consistent with the Buy American Act (41 U.S.C. 10a-10c), 
     unless the Secretary shall determine it to be inconsistent 
     with the public interest, or the cost to be unreasonable, all 
     such systems and components procured by the Secretary shall 
     be manufactured in the United States, with the exception of 
     any transportable storage systems purchased by contract 
     holders prior to the effective date of the Nuclear Waste 
     Policy Act of 1996 and procured by the Secretary from such 
     contract holders for use in the integrated management system.
       ``(d) Integrated Management System.--The Secretary shall 
     expeditiously pursue the development of each component of the 
     integrated management system, and in so doing shall seek to 
     utilize effective private sector management and contracting 
     practices.
       ``(e) Private Sector Participation.--In administering the 
     Integrated Management System, the Secretary shall, to the 
     maximum extent possible, utilize, employ, procure and 
     contract with, the private sector to fulfill the Secretary's 
     obligations and requirements under this Act.
       ``(f) Pre-existing Rights.--Nothing in this Act is intended 
     to or shall be construed to modify--
       ``(1) any right of a contract holder under section 302(a) 
     of the Nuclear Waste Policy Act of 1982, or under a contract 
     executed prior to the date of enactment of this Act under 
     that section; or
       ``(2) obligations imposed upon the federal government by 
     the U.S. District Court of Idaho in an order entered on 
     October 17, 1995 in United States v. Batt (No. 91-0054-S-
     EJL).
       ``(g) Liability.--Subject to subsection (f), nothing in 
     this Act shall be construed to subject the United States to 
     financial liability for the Secretary's failure to meet any 
     deadline for the acceptance or emplacement of spent nuclear 
     fuel or high-level radioactive waste for storage or disposal 
     under this Act.

                ``TITLE II--INTEGRATED MANAGEMENT SYSTEM

     ``SEC. 201. INTERMODAL TRANSFER

       ``(a) Access.--The Secretary shall utilize heavy-haul truck 
     transport to move spent nuclear fuel and high-level 
     radioactive waste from the mainline rail line at Caliente, 
     Nevada, to the interim storage facility site.
       ``(b) Capability Date.--The Secretary shall develop the 
     capability to commence rail to truck intermodal transfer at 
     Caliente, Nevada, no later than November 30, 1999. Intermodal 
     transfer and related activities are incidental to the 
     interstate transportation of spent nuclear fuel and high-
     level radioactive waste.
       ``(c) Acquisitions.--The Secretary shall acquire lands and 
     rights-of-way necessary to commence intermodal transfer at 
     Caliente, Nevada.
       ``(d) Replacements.--The Secretary shall acquire and 
     develop on behalf of, and dedicate to, the City of Caliente, 
     Nevada, parcels of land and right-of-way within Lincoln 
     County, Nevada, as required to facilitate replacement of land 
     and city wastewater disposal facilities necessary to commence 
     intermodal transfer pursuant to this Act. Replacement of land 
     and city wastewater disposal activities shall occur no later 
     than November 30, 1999.
       ``(e) Notice and Map.--Within 6 months of the date of 
     enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall--
       ``(1) publish in the Federal Register a notice containing a 
     legal description of the sites and rights-of-way to be 
     acquired under this subsection; and
       ``(2) file copies of a map of such sites and rights-of-way 
     with the Congress, the Secretary of the Interior, the State 
     of Nevada, the Archivist of the United States, the Board of 
     Lincoln County Commissioners, the Board of Nye County 
     Commissioners, and the Caliente City Council. Such map and 
     legal description shall have the same force and effect as if 
     they were included in this Act. The Secretary may correct 
     clerical and typographical errors and legal descriptions and 
     make minor adjustments in the boundaries.
       ``(f) Improvements.--The Secretary shall make improvements 
     to existing roadways selected for heavy-haul truck transport 
     between Caliente, Nevada, and the interim storage facility 
     site as necessary to facilitate year-round safe transport and 
     spent nuclear fuel and high-level radioactive waste.
       ``(g) Local Government Involvement.--The Commission shall 
     enter into a Memorandum of Understanding with the City of 
     Caliente and Lincoln County, Nevada, to provide advice to the 
     Commission regarding intermodal transfer and to facilitate 
     on-site representation. Reasonable expenses of such 
     representation shall be paid by the Secretary.
       ``(h) Benefits Agreement.--
       ``(1) In general.--The Secretary shall offer to enter into 
     an agreement with Lincoln County, Nevada concerning the 
     integrated management system.
       ``(2) Agreement content.--Any agreement shall contain such 
     terms and conditions, including such financial and 
     institutional arrangements, as the Secretary and agreement 
     entity determine to be reasonable and appropriate and shall 
     contain such provisions as are necessary to preserve any 
     right to participation or compensation of Lincoln County, 
     Nevada.
       ``(3) Amendment.--An agreement entered into under this 
     subsection may be amended only with the mutual consent of the 
     parties to the amendment and terminated only in accordance 
     with paragraph (4).
       ``(4) Termination.--The Secretary shall terminate the 
     agreement under this subsection if any major element of the 
     integrated management system may not be completed.
       ``(5) Limitation.--Only 1 agreement may be in effect at any 
     one time.
       ``(6) Judicial Review.--Decisions of the Secretary under 
     this section are not subject to judicial review.
       ``(i) Content of Agreement.--
       ``(1) Schedule.--In addition to the benefits to which 
     Lincoln County is entitled to under this title, the Secretary 
     shall make payments under the benefits agreement in 
     accordance with the following schedule:

                            BENEFITS SCHEDULE                           
                          [Amounts in millions]                         
------------------------------------------------------------------------
                            Event                               Payment 
------------------------------------------------------------------------
(A) Annual payments prior to first receipt of spent fuel.....       $2.5
(B) Annual payments beginning upon first spent fuel receipt..          5
(C) Payment upon closure of the intermodal transfer facility.          5
------------------------------------------------------------------------

       ``(2) Definitions.--For purposes of this section, the 
     term--
       ``(A) `spent fuel' means high-level radioactive waste or 
     spent nuclear fuel; and
       ``(B) `first spent fuel receipt' does not include receipt 
     of spent fuel or high-level radioactive waste for purposes of 
     testing or operational demonstration.
       ``(3) Annual payments.--Annual payments prior to first 
     spent fuel receipt under paragraph (1)(A) shall be made on 
     the date of execution of the benefits agreement and 
     thereafter on the anniversary date of such execution. Annual 
     payments after the first spent fuel receipt until closure of 
     the facility under paragraph (1)(C) shall be made on the 
     anniversary date of such first spent fuel receipt.
       ``(4) Reduction.--If the first spent fuel payment under 
     paragraph (1)(B) is made within 6 months after the last 
     annual payment prior to the receipt of spent fuel under 
     paragraph (1)(A), such first fuel payment under paragraph 
     (1)(B) shall be reduced by an amount equal to 1/12 of such 
     annual payment under paragraph (1)(A) for each full month 
     less than 6 that has not elapsed since the last annual 
     payment under paragraph (1)(A).
       ``(5) Restrictions.--The Secretary may not restrict the 
     purposes for which the payments under this section may be 
     used.
       ``(6) Dispute.--In the event of a dispute concerning such 
     agreement, the Secretary shall resolve such dispute, 
     consistent with this Act and applicable State law.
       ``(7) Construction.--The signature of the Secretary on a 
     valid benefits agreement under this section shall constitute 
     a commitment by the United States to make payments in 
     accordance with such agreement under section 401(c)(2).
       ``(j) Initial Land Conveyances.--
       ``(1) Conveyances of public lands.--One hundred and twenty 
     days after enactment of this Act, all right, title and 
     interest of the United States in the property described in 
     paragraph (2), and improvements thereon, together with all 
     necessary easements for utilities and ingress and egress to 
     such property, including, but not limited to, the right to 
     improve those easements, are conveyed by operation of law to 
     the County of Lincoln, Nevada, unless the county notifies the 
     Secretary of the Interior or the head of such other 
     appropriate agency in writing within 60 days of such date of 
     enactment that it elects not to take title to all or any part 
     of the property, except that any lands conveyed to the County 
     of Lincoln under this subsection that are subject to a 
     Federal grazing permit or lease or a similar federally 
     granted permit or lease shall be conveyed between 60 and 120 
     days of the earliest time the Federal

[[Page S8659]]

     agency administering or granting the permit or lease would be 
     able to legally terminate such right under the statutes and 
     regulations existing at the date of enactment of this Act, 
     unless Lincoln County and the affected holder of the permit 
     or lease negotiate an agreement that allows for an earlier 
     conveyance.
       ``(2) Special conveyances.--Notwithstanding any other law, 
     the following public lands depicted on the maps and legal 
     descriptions dated October 11, 1995, shall be conveyed under 
     paragraph (1) to the County of Lincoln, Nevada:
       Map 10: Lincoln County, Parcel M, Industrial Park Site
       Map 11: Lincoln County, Parcel F, Mixed Use Industrial Site
       Map 13: Lincoln County, Parcel J, Mixed Use, Alamo 
     Community Expansion Area
       Map 14: Lincoln County, Parcel E, Mixed Use, Pioche 
     Community Expansion Area
       Map 15: Lincoln County, Parcel B, Landfill Expansion Site
       ``(3) Construction.--The maps and legal descriptions of 
     special conveyances referred to in paragraph (2) shall have 
     the same force and effect as if they were included in this 
     Act. The Secretary may correct clerical and typographical 
     errors in the maps and legal descriptions and make minor 
     adjustments in the boundaries of the sites.
       ``(4) Evidence of title transfer.--Upon the request of the 
     County of Lincoln, Nevada, the Secretary of the Interior 
     shall provide evidence of title transfer.

     ``SEC. 202. TRANSPORTATION PLANNING.

       ``(a) Transportation Readiness.--The Secretary shall take 
     those actions that are necessary and appropriate to ensure 
     that the Secretary is able to transport safely spent nuclear 
     fuel and high-level radioactive waste from sites designated 
     by the contract holders to mainline transportation 
     facilities, using routes that minimize, to the maximum 
     practicable extent consistent with Federal requirements 
     governing transportation of hazardous materials, 
     transportation of spent nuclear fuel and high-level 
     radioactive waste through populated areas, beginning not 
     later than November 30, 1999, and, by that date, shall, in 
     consultation with the Secretary of Transportation, develop 
     and implement a comprehensive management plan that ensures 
     that safe transportation of spent nuclear fuel and high-level 
     radioactive waste from the sites designated by the contract 
     holders to the interim storage facility site beginning not 
     later than November 30, 1999.
       ``(b) Transportation Planning.--In conjunction with the 
     development of the logistical plan in accordance with 
     subsection (a), the Secretary shall update and modify, as 
     necessary, the Secretary's transportation institutional plans 
     to ensure that institutional issues are addressed and 
     resolved on a schedule to support the commencement of 
     transportation of spent nuclear fuel and high-level 
     radioactive waste to the interim storage facility no later 
     than November 30, 1999. Among other things, such planning 
     shall provide a schedule and process for addressing and 
     implementing, as necessary, transportation routing plans, 
     transportation contracting plans, transportation training in 
     accordance with section 203, and public education regarding 
     transportation of spent nuclear fuel and high level 
     radioactive waste; and transportation tracking programs.

     ``SEC. 203. TRANSPORTATION REQUIREMENTS.

       ``(a) Package Certification.--No spent nuclear fuel or 
     high-level radioactive waste may be transported by or for the 
     Secretary under this Act except in packages that have been 
     certified for such purposes by the Commission.
       ``(b) State Notification.--The Secretary shall abide by 
     regulations of the Commission regarding advance notification 
     of State and local governments prior to transportation of 
     spent nuclear fuel or high-level radioactive waste under this 
     Act.
       ``(c) Technical Assistance.--The Secretary shall provide 
     technical assistance and funds to States, units of local 
     government, and Indian tribes through whose jurisdiction the 
     Secretary plans to transport substantial amounts of spent 
     nuclear fuel or high-level radioactive waste for training for 
     public safety officials of appropriate units of local 
     government. The Secretary shall also provide technical 
     assistance and funds for training directly to national 
     nonprofit employee organizations which demonstrate experience 
     in implementing and operating worker health and safety 
     training and education programs and demonstrate the 
     ability to reach and involve in training programs target 
     populations of workers who are or will be directly engaged 
     in the transportation of spent nuclear fuel and high-level 
     radioactive waste, or emergency response or post-emergency 
     response with respect to such transportation. Training 
     shall cover procedures required for safe routine 
     transportation of these materials, as well as procedures 
     for dealing with emergency response situations, and shall 
     be consistent with any training standards established by 
     the Secretary of Transportation in accordance with 
     subsection (g). The Secretary's duty to provide technical 
     and financial assistance under this subsection shall be 
     limited to amounts specified in annual appropriations.
       ``(d) Public Education.--The Secretary shall conduct a 
     program to educate the public regarding the transportation of 
     spent nuclear fuel and high-level radioactive waste, with an 
     emphasis upon those States, units of local government, and 
     Indian tribes through whose jurisdiction the Secretary plans 
     to transport substantial amounts of spent nuclear fuel or 
     high-level radioactive waste.
       ``(e) Compliance With Transportation Regulations.--Any 
     person that transport spent nuclear fuel or high-level 
     radioactive waste under the Nuclear Waste Policy Act of 1986, 
     pursuant to a contract with the Secretary, shall comply with 
     all requirements governing such transportation issued by the 
     federal, state and local governments, and Indian tribes, in 
     the same way and to the same extent that any person engaging 
     in that transportation that is in or affects interstate 
     commerce must comply with such requirements, as required by 
     49 U.S.C. sec. 5126.
       ``(f) Employee Protection.--Any person engaged in the 
     interstate commerce of spent nuclear fuel or high-level 
     radioactive waste under contract to the Secretary pursuant to 
     this Act shall be subject to and comply fully with the 
     employee protection provisions of 49 U.S.C. 20109 and 49 
     U.S.C. 31105.
       ``(g) Training Standard.--(1) No later than 12 months after 
     the date of enactment of the Nuclear Waste Policy of 1996, 
     the Secretary of Transportation, pursuant to authority under 
     other provisions of law, in consultation with the Secretary 
     of Labor and the Commission, shall promulgate a regulation 
     establishing training standards applicable to workers 
     directly involved in the removal and transportation of spent 
     nuclear fuel and high-level radioactive waste. The regulation 
     shall specify minimum training standards applicable to 
     workers, including managerial personnel. The regulation shall 
     require that evidence of satisfaction of the applicable 
     training standard be provided to an employer before any 
     individual may be employed in the removal and transportation 
     of spent nuclear fuel and high-level radioactive waste.
       ``(2) If the Secretary of Transportation determines, in 
     promulgating the regulation required by subparagraph (1), 
     that regulations promulgated by the Commission establish 
     adequate training standards for workers, then the Secretary 
     of Transportation can refrain from promulgating additional 
     regulations with respect to worker training in such 
     activities. The Secretary of Transportation and the 
     Commission shall work through their Memorandum of 
     Understanding to ensure coordination of worker training 
     standards and to avoid duplicative regulation.
       ``(3) The training standards required to be promulgated 
     under subparagraph (1) shall, among other things deemed 
     necessary and appropriate by the Secretary of Transportation, 
     include the following provisions--
       ``(A) a specified minimum number of hours of initial off 
     site instruction and actual field experience under the direct 
     supervision of a trained, experienced supervisor;
       ``(B) a requirement that onsite managerial personnel 
     receive the same training as workers, and a minimum number of 
     additional hours of specialized training pertinent to their 
     managerial responsibilities; and
       ``(C) a training program applicable to persons responsible 
     for responding to and cleaning up emergency situations 
     occurring during the removal and transportation of spent 
     nuclear fuel and high-level radioactive waste.
       ``(4) There is authorized to be appropriated to the 
     Secretary of Transportation, from general revenues, such sums 
     as may be necessary to perform his duties under this 
     subsection.

     ``SEC. 204. INTERIM STORAGE.

       ``(a) Authorization.--The Secretary shall design, 
     construct, and operate a facility for the interim storage of 
     spent nuclear fuel and high-level radioactive waste at the 
     interim storage facility site. The interim storage facility 
     shall be subject to licensing pursuant to the Atomic Energy 
     Act of 1954 in accordance with the Commission's regulations 
     governing the licensing of independent spent fuel storage 
     installations, which regulations shall be amended by the 
     Commission as necessary to implement the provisions of this 
     Act. The interim storage facility shall commence operation in 
     phases in accordance with subsection (b).
       ``(b) Schedule.--(1) The Secretary shall proceed forthwith 
     and without further delay with all activities necessary to 
     begin storing spent nuclear fuel and high-level radioactive 
     waste at the interim storage facility at the interim storage 
     facility site by November 30, 1999, except that:
       ``(A) The Secretary shall not begin any construction 
     activities at the interim storage facility site before 
     December 31, 1998.
       ``(B) The Secretary shall cease all activities (except 
     necessary termination activities) at the Yucca Mountain site 
     if the President determines, in his discretion, on or before 
     December 31, 1998, based on a preponderance of the 
     information available at such time, that the Yucca Mountain 
     site is unsuitable for development as a repository, including 
     geologic and engineered barriers, because of a substantial 
     likelihood that a repository of useful size cannot be 
     designed, licensed, and constructed at the Yucca Mountain 
     site.
       ``(C) No later than June 30, 1998, the Secretary shall 
     provide to the President and to the Congress a viability 
     assessment of the Yucca Mountain site. The viability 
     assessment shall include--
       ``(i) the preliminary design concept for the critical 
     elements of the repository and waste package,
       ``(ii) a total system performance assessment, based upon 
     the design concept and the scientific data and analysis 
     available by June 30, 1998, describing the probable behavior 
     of the repository in the Yucca Mountain geologic setting 
     relative to the overall system performance standard set forth 
     in section 205(d) of this Act,

[[Page S8660]]

       ``(iii) a plan and cost estimate for the remaining work 
     required to complete a license application, and
       ``(iv) an estimate of the costs to construct and operate 
     the repository in accordance with the design concept.
       ``(D) Within 18 months of a determination by the President 
     that the Yucca Mountain site is unsuitable for development as 
     a repository under paragraph (B), the President shall 
     designate a site for the construction of an interim storage 
     facility. If the President does not designate a site for the 
     construction of an interim storage facility, or the 
     construction of an interim storage facility at the designated 
     site is not approved by law within 24 months of the 
     President's determination that the Yucca Mountain site is not 
     suitable for development as a repository, the Secretary shall 
     begin construction of an interim storage facility at the 
     interim storage facility site as defined in section 2(19) of 
     this Act. The interim storage facility site as defined in 
     section 2(19) of this Act shall be deemed to be approved by 
     law for purposes of this section.
       ``(2) Upon the designation of an interim storage facility 
     site by the President under paragraph (1)(D), the Secretary 
     shall proceed forthwith and without further delay with all 
     activities necessary to begin storing spent nuclear fuel and 
     high-level radioactive waste at an interim storage facility 
     at the designated site, except that the Secretary shall not 
     begin any construction activities at the designated interim 
     storage facility site before the designated interim storage 
     facility site is approved by law.
       ``(c) Design.--
       ``(1) The interim storage facility shall be designed in two 
     phases in order to commence operations no later than November 
     30, 1999. The design of the interim storage facility shall 
     provide for the use of storage technologies, licensed, 
     approved, or certified by the Commission for use at the 
     interim storage facility as necessary to ensure compatibility 
     between the interim storage facility and contract holders' 
     spent nuclear fuel and facilities, and to facilitate the 
     Secretary's ability to meet the Secretary's obligations under 
     this Act.
       ``(2) The Secretary shall consent to an amendment to the 
     contracts to provide for reimbursement to contract holders 
     for transportable storage systems purchased by contract 
     holders if the Secretary determines that it is cost effective 
     to use such transportable storage systems as part of the 
     integrated management system, provided that the Secretary 
     shall not be required to expend any funds to modify contract 
     holders' storage or transport systems or to seek additional 
     regulatory approvals in order to use such systems.
       ``(d) Licensing.--
       ``(1) Phases.--The interim storage facility shall be 
     licensed by the Commission in two phases in order to commence 
     operations no later than November 30, 1999.
       ``(2) First phase.--No later than 12 months after the date 
     of enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall submit to the Commission an application for a 
     license for the first phase of the interim storage facility. 
     The Environmental Report and Safety Analysis Report submitted 
     in support of such license application shall be consistent 
     with the scope of authority requested in the license 
     application. The license issued for the first phase of the 
     interim storage facility shall have a term of 20 years. The 
     interim storage facility licensed in the first phase shall 
     have a capacity of not more than 15,000 MTU. The Commission 
     shall issue a final decision granting or denying the 
     application for the first phase license no later than 16 
     months from the date of the submittal of the application for 
     such license.
       ``(3) Second phase.--No later than 30 months after the date 
     of enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall submit to the Commission an application for a 
     license for the second phase interim storage facility. The 
     license for the second phase facility shall authorize a 
     storage capacity of 40,000 MTU. If the Secretary does not 
     submit the license application for construction of a 
     repository by February 1, 2002, or does not begin full spent 
     nuclear fuel receipt operations at a repository by January 
     17, 2010, the license shall authorize a storage capacity of 
     60,000 MTU. The license application shall be submitted such 
     that the license can be issued to permit the second phase 
     facility to begin full spent nuclear fuel receipt operations 
     no later than December 31, 2002. The license for the second 
     phase shall have an initial term of up to 100 years, and 
     shall be renewable for additional terms upon application of 
     the Secretary.
       ``(e) Additional Authority.--
       ``(1) Construction.--For purposes of complying with this 
     section, the Secretary may commence site preparation for the 
     interim storage facility as soon as practicable after the 
     date of enactment of the Nuclear Waste Policy Act of 1996 and 
     shall commence construction of each phase of the interim 
     storage facility subsequent to submittal of the license 
     application for such phase except that the Commission 
     shall issue an order suspending such construction at any 
     time if the Commission determines that such construction 
     poses an unreasonable risk to public health and safety or 
     the environment. The Commission shall terminate all or 
     part of such order upon a determination that the Secretary 
     has taken appropriate action to eliminate such risk.
       ``(2) Facility use.--Notwithstanding any otherwise 
     applicable licensing requirement, the Secretary may utilize 
     any facility owned by the Federal Government on the date of 
     enactment of the Nuclear Waste Policy Act of 1996 within the 
     boundaries of the interim storage facility site, in 
     connection with an imminent and substantial endangerment to 
     public health and safety at the interim storage facility 
     prior to commencement of operations during the second phase.
       ``(3) Emplacement of fuel and waste.--Subject to paragraph 
     (i), once the Secretary has achieved the annual acceptance 
     rate for spent nuclear fuel from civilian nuclear power 
     reactors established pursuant to the contracts executed prior 
     to the date of enactment of the Nuclear Waste Policy Act of 
     1996, as set forth in the Secretary's annual capacity report 
     dated March 1995, (DOE/RW-0457), the Secretary shall accept, 
     in an amount not less than 25% of the difference between the 
     contractual acceptance rate and the annual emplacement rate 
     for spent nuclear fuel from civilian nuclear power reactors 
     established under section 507(a), the following radioactive 
     materials:
       ``(A) spent nuclear fuel or high-level radioactive waste of 
     domestic origin from civilian nuclear power reactors that 
     have permanently ceased operation on or before the date of 
     enactment of the Nuclear Waste Policy Act of 1996;
       ``(B) spent nuclear fuel from foreign research reactors, as 
     necessary to promote non-proliferation objectives; and
       ``(C) spent nuclear fuel, including spent nuclear fuel from 
     naval reactors, and high-level radioactive waste from atomic 
     energy defense activities.
       ``(f) National Environmental Policy Act of 1969.--
       ``(1) Preliminary decisionmaking activities.--The 
     Secretary's and President's activities under this section, 
     including, but not limited to, the selection of a site for 
     the interim storage facility, assessments, determinations and 
     designations made under section 204(b), the preparation and 
     submittal of a license application and supporting 
     documentation, the construction of a facility under paragraph 
     (e)(1) of this section, and facility use pursuant to 
     paragraph (e)(2) of this section shall be considered 
     preliminary decisionmaking activities for purposes of 
     judicial review. The Secretary shall not prepare an 
     environmental impact statement under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)) or any environmental review under subparagraph 
     (E) or (F) of such Act before conducting these activities.
       ``(2) Environmental impact statement.--
       ``(A) Final decision.--A final decision by the Commission 
     to grant or deny a license application for the first or 
     second phase of the interim storage facility shall be 
     accompanied by an Environmental Impact Statement prepared 
     under section 102(2)(C) of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4332(2)(C)). In preparing such 
     Environmental Impact Statement, the Commission--
       ``(i) shall ensure that the scope of the Environmental 
     Impact Statement is consistent with the scope of the 
     licensing action; and
       ``(ii) shall analyze the impacts of the transportation of 
     spent nuclear fuel and high-level radioactive waste to the 
     interim storage facility in a generic manner.
       ``(B) Considerations.--Such Environmental Impact Statement 
     shall not consider--
       ``(i) the need for the interim storage facility, including 
     any individual component thereof;
       ``(ii) the time of the initial availability of the interim 
     storage facility;
       ``(iii) any alternatives to the storage of spent nuclear 
     fuel and high-level radioactive waste at the interim storage 
     facility;
       ``(iv) any alternatives to the site of the facility as 
     designated by the Secretary in accordance with subsection 
     (a);
       ``(v) any alternatives to the design criteria for such 
     facility or any individual component thereof, as specified by 
     the Secretary in the license application; or
       ``(vi) the environmental impacts of the storage of spent 
     nuclear fuel and high-level radioactive waste at the interim 
     storage facility beyond the initial term of the license or 
     the term of the renewal period for which a license renewal 
     application is made.
       ``(g) Judicial Review.--Judicial review of the Commission's 
     environmental impact statement under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     shall be consolidated with judicial review of the 
     Commission's licensing decision. No court shall have 
     jurisdiction to enjoin the construction or operation of the 
     interim storage facility prior to its final decision on the 
     review of the Commission's licensing action.
       ``(h) Waste Confidence.--The Secretary's obligation to 
     construct and operate the interim storage facility in 
     accordance with this section and the Secretary's obligation 
     to develop an integrated management system in accordance with 
     the provisions of this Act, shall provide sufficient and 
     independent grounds for any further findings by the 
     Commission of reasonable assurance that spent nuclear fuel 
     and high-level radioactive waste will be disposed of safely 
     and on a timely basis for purposes of the Commission's 
     decision to grant or amend any license to operate any 
     civilian nuclear power reactor under the Atomic Energy Act of 
     1954 (42 U.S.C. 2011, et seq.).
       ``(i) Storage of Other Spent Nuclear Fuel and High-level 
     Radioactive Waste.--No later than 18 months following the 
     date of enactment of the Nuclear Waste Policy

[[Page S8661]]

     Act of 1996, the Commission shall, by rule, establish 
     criteria for the storage in the interim storage facility of 
     fuel and waste listed in paragraph (e)(3)(A) through (C), to 
     the extent such criteria are not included in regulations 
     issued by the Commission and existing on the date of 
     enactment of the Nuclear Waste Policy Act of 1996. Following 
     establishment of such criteria, the Secretary shall seek 
     authority, as necessary, to store fuel and waste listed in 
     paragraph (e)(3)(A) through (C) at the interim storage 
     facility. None of the activities carried out pursuant to this 
     paragraph shall delay, or otherwise affect, the development, 
     construction, licensing, or operation of the interim storage 
     facility.
       ``(j) Savings Clause.--The Commission shall, by rule, 
     establish procedures for the licensing of any technology for 
     the dry storage of spent nuclear fuel by rule and without, to 
     the maximum extent possible, the need for site-specific 
     approvals by the Commission. Nothing in this Act shall affect 
     any such procedures, or any licenses or approvals issued 
     pursuant to such procedures in effect on the date of 
     enactment.

     ``SEC. 205. PERMANENT REPOSITORY

       ``(a) Repository Characterization.--
       ``(1) Guidelines.--The guidelines promulgated by the 
     Secretary and published at 10 CFR part 960 are annulled and 
     revoked and the Secretary shall make no assumptions 
     or conclusions about the licensability of the Yucca 
     Mountain site as a repository by reference to such 
     guidelines.
       ``(2) Site Characterization Activities.--The Secretary 
     shall carry out appropriate site characterization activities 
     at the Yucca Mountain site in accordance with the Secretary's 
     program approach to site characterization. The Secretary 
     shall modify or eliminate those site characterization 
     activities designed only to demonstrate the suitability of 
     the site under the guidelines referenced in paragraph (1).
       ``(3) Schedule Date.--Consistent with the schedule set 
     forth in the program approach, as modified to be consistent 
     with the Nuclear Waste Policy Act of 1996, no later than 
     February 1, 2002, the Secretary shall apply to the Commission 
     for authorization to construct a repository. If, at any time 
     prior to the filing of such application, the Secretary 
     determines that the Yucca Mountain site cannot satisfy the 
     Commission's regulations applicable to the licensing of a 
     geologic repository, the Secretary shall terminate site 
     characterization activities at the site, notify Congress and 
     the State of Nevada of the Secretary's determination and the 
     reasons therefor, and recommend to Congress not later than 6 
     months after such determination further actions, including 
     the enactment of legislation, that may be needed to manage 
     the Nation's spent nuclear fuel and high-level radioactive 
     waste.
       ``(4) Mazimizing Capacity.--In developing an application 
     for authorization to construct the repository, the Secretary 
     shall seek to maximize the capacity of the repository, in the 
     most cost-effective manner, consistent with the need for 
     disposal capacity.
       ``(b) Repository Licensing.--Upon the completion of any 
     licensing proceeding for the first phase of the interim 
     storage facility, the Commission shall amend its regulations 
     governing the disposal of spent nuclear fuel and high-level 
     radioactive waste in geologic repositories to the extent 
     necessary to comply with this Act. Subject to subsection (c), 
     such regulations shall provide for the licensing of the 
     repository according to the following procedures:
       ``(1) Construction Authorization.--The Commission shall 
     grant the Secretary a construction authorization for the 
     repository upon determining that there is reasonable 
     assurance that spent nuclear fuel and high-level radioactive 
     waste can be disposed of in the repository--
       ``(A) in conformity with the Secretary's application, the 
     provisions of this Act, and the regulations of the 
     Commission;
       ``(B) without unreasonable risk to the health and safety of 
     the public; and
       ``(C) consistent with the common defense and security.
       ``(2) License.--Following substantial completion of 
     construction and the filing of any additional information 
     needed to complete the license application, the Commission 
     shall issue a license to dispose of spent nuclear fuel and 
     high-level radioactive waste in the repository if the 
     Commission determines that the repository has been 
     constructed and will operate--
       ``(A) in conformity with the Secretary's application, the 
     provisions of this Act, and the regulations of the 
     Commission;
       ``(B) without unreasonable risk to the health and safety of 
     the public; and
       ``(C) consistent with the common defense and security.
       ``(3) Closure.--After emplacing spent nuclear fuel and 
     high-level radioactive waste in the repository and collecting 
     sufficient confirmatory data on repository performance to 
     reasonably confirm the basis for repository closure 
     consistent with the Commission's regulations applicable to 
     the licensing of a repository, as modified in accordance with 
     this Act, the Secretary shall apply to the Commission to 
     amend the license to permit permanent closure of the 
     repository. The Commission shall grant such license amendment 
     upon finding that there is reasonable assurance that the 
     repository can be permanently closed--
       ``(A) in conformity with the Secretary's application to 
     amend the license, the provisions of this Act, and the 
     regulations of the Commission;
       ``(B) without unreasonable risk to the health and safety of 
     the public; and
       ``(C) consistent with the common defense and security.
       ``(4) Post-closure.--The Secretary shall take those actions 
     necessary and appropriate at the Yucca Mountain site to 
     prevent any activity at the site subsequent to repository 
     closure that poses an unreasonable risk of--
       ``(A) breaching the repository's engineered or geologic 
     barriers; or
       ``(B) increasing the exposure of individual members of the 
     public to radiation beyond the release standard established 
     in subsection (d)(1).
       ``(c) Modification of Repository Licensing Procedure.--The 
     Commission's regulations shall provide for the modification 
     of the repository licensing procedure, as appropriate, in the 
     event that the Secretary seeks a license to permit the 
     emplacement in the repository, on a retrievable basis, of 
     spent nuclear fuel or high-level radioactive waste as is 
     necessary to provide the Secretary with sufficient 
     confirmatory data on repository performance to reasonably 
     confirm the basis for repository closure consistent with 
     applicable regulations.
       ``(d) Repository Licensing Standards.--The Administrator of 
     the Environmental Protection Agency shall, pursuant to 
     authority under others provisions of law, issue generally 
     applicable standards for the protection of the public from 
     releases of radioactive materials or radioactivity from the 
     repository. Such standards shall be consistent with the 
     overall system performance standard established by this 
     subsection unless the Administrator determines by rule that 
     the overall system performance standard would constitute an 
     unreasonable risk to health and safety. The Commission's 
     repository licensing determinations for the protection of the 
     public shall be based solely on a finding whether the 
     repository can be operated in conformance with the overall 
     system performance standard established in paragraph (1), 
     applied in accordance with the provisions of paragraph (2), 
     and the Administrator's radiation protection standards. The 
     Commission shall amend its regulations in accordance with 
     subsection (b) to incorporate each of the following licensing 
     standards:
       ``(1) Establishment of overall system performance 
     standard.--The standard for protection of the public from 
     release of radioactive material or radioactivity from the 
     repository shall prohibit releases that would expose an 
     average member of the general population in the vicinity of 
     the Yucca Mountain site to an annual dose in excess of 100 
     millirems unless the Commission determines by rule that such 
     standard would constitute an unreasonable risk to health and 
     safety and establishes by rule another standard which will 
     protect health and safety. Such standard shall constitute an 
     overall system performance standard.
       ``(2) Application of overall system performance standard.--
     The Commission shall issue the license if it finds reasonable 
     assurance that for the first 1,000 years following the 
     commencement of repository operations, the overall system 
     performance standard will be met based on a probabilistic 
     evaluation, as appropriate, of compliance with the overall 
     system performance standard in paragraph (1).
       ``(3) Factors.--For purposes of making the finding in 
     paragraph (2)--
       ``(A) the Commission shall not consider catastrophic events 
     where the health consequences of individual events themselves 
     can be reasonably assumed to exceed the health consequences 
     due to the impact of the events on repository performance;
       ``(B) for the purpose of this section, an average member of 
     the general population in the vicinity of the Yucca Mountain 
     site means a person whose physiology, age, general health, 
     agricultural practices, eating habits, and social behavior 
     represent the average for persons living in the vicinity 
     of the site. Extremes in social behavior, eating habits, 
     or other relevant practices or characteristics shall not 
     be considered; and
       ``(C) the Commission shall assume that, following 
     repository closure, the inclusion of engineered barriers and 
     the Secretary's post-closure actions at the Yucca Mountain 
     site, in accordance with subsection (b)(4), shall be 
     sufficient to--
       ``(i) prevent any human activity at the site that poses an 
     unreasonable risk of breaching the repository's engineered or 
     geologic barriers; and
       ``(ii) prevent any increase in the exposure of individual 
     members of the public to radiation beyond the allowable 
     limits specified in paragraph (1).
       ``(4) Additional Analysis.--The Commission shall analyze 
     the overall system performance through the use of 
     probabilistic evaluations that use best estimate assumptions, 
     data, and methods for the period commencing after the first 
     1,000 years of operation of the repository and terminating at 
     10,000 yeas after the commencement of operation of the 
     repository.
       ``(e) National Environmental Policy Act.--
       ``(1) Submission of statement.--Construction and operation 
     of the repository shall be considered a major Federal action 
     significantly affecting the quality of the human environment 
     for purposes of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.). The Secretary shall submit an 
     environmental impact statement on the construction and 
     operation of the repository to

[[Page S8662]]

     the Commission with the license application and shall 
     supplement such environmental impact statement as 
     appropriate.
       ``(2) Considerations.--For purposes of complying with the 
     requirements of the National Environmental Policy Act of 1969 
     and this section, the Secretary shall not consider in the 
     environmental impact statement the need for the repository, 
     or alternative sites or designs for the repository.
       ``(3) Adoption by commission.--The Secretary's 
     environmental impact statement and any supplements thereto 
     shall, to the extent practicable, be adopted by the 
     Commission in connection with the issuance by the Commission 
     of a construction authorization under subsection (b)(1), a 
     license under subsection (b)(2), or a license amendment under 
     subsection (b)(3). To the extent such statement or supplement 
     is adopted by the Commission, such adoption shall be deemed 
     to also satisfy the responsibilities of the Commission under 
     the National Environmental Policy Act of 1969, and no further 
     consideration shall be required, except that nothing in this 
     subsection shall affect any independent responsibilities of 
     the Commission to protect the public health and safety under 
     the Atomic Energy Act of 1954. In any such statement or 
     supplement prepared with respect to the repository, the 
     Commission shall not consider the need for a repository, or 
     alternate sites or designs for the repository.
       ``(f) Judicial Review.--No court shall have jurisdiction to 
     enjoin issuance of the Commission repository licensing 
     regulations prior to its final decision on review of such 
     regulations.

     ``SEC. 206. LAND WITHDRAWAL.

       ``(a) Withdrawal and Reservation.--
       ``(1) Withdrawal.--Subject to valid existing rights, the 
     interim storage facility site and the Yucca Mountain site, as 
     described in subsection (b), are withdrawn from all forms of 
     entry, appropriation, and disposal under the public land 
     laws, including the mineral leasing laws, the geothermal 
     leasing laws, the material sale laws, and the mining laws.
       ``(2) Jurisdiction.--Jurisdiction of any land within the 
     interim storage facility site and the Yucca Mountain site 
     managed by the Secretary of the Interior or any other 
     Federal officer is transferred to the Secretary.
       ``(3) Reservation.--The interim storage facility site and 
     the Yucca Mountain site are reserved for the use of the 
     Secretary for the construction and operation, respectively, 
     of the interim storage facility and the repository and 
     activities associated with the purposes of this title.
       ``(b) Land Description.--
       ``(1) Boundaries.--The boundaries depicted on the map 
     entitled ``Interim Storage Facility Site Withdrawal Map,'' 
     dated March 13, 1996, and on file with the Secretary, are 
     established as the boundaries of the Interim Storage Facility 
     site.
       ``(2) Boundaries.--The boundaries depicted on the map 
     entitled `Yucca Mountain Site Withdrawal Map,' dated July 9, 
     1996, and on file with the Secretary, are established as the 
     boundaries of the Yucca Mountain site.
       ``(3) Notice and maps.--Within 6 months of the date of the 
     enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary shall--
       ``(A) publish in the Federal Register a notice containing a 
     legal description of the interim storage facility site, and
       ``(B) file copies of the maps described in paragraph (1), 
     and the legal description of the interim storage facility 
     site with the Congress, the Secretary of the Interior, the 
     Governor of Nevada, and the Archivist of the United States.
       ``(4) Notice and maps.--Concurrent with the Secretary's 
     application to the Commission for authority to construct the 
     repository, the Secretary shall--
       ``(A) publish in the Federal Register a notice containing a 
     legal description of the Yucca Mountain site; and
       ``(B) file copies of the maps described in paragraph (2), 
     and the legal description of the Yucca Mountain site with the 
     Congress, the Secretary of the Interior, the Governor of 
     Nevada, and the Archivist of the United States.
       ``(5) Construction.--The maps and legal descriptions of the 
     interim storage facility site and the Yucca Mountain site 
     referred to in this subsection shall have the same force and 
     effect as if they were included in this Act. The Secretary 
     may correct clerical and typographical errors in the maps and 
     legal descriptions and make minor adjustments in the 
     boundaries of the sites.

                      ``TITLE III--LOCAL RELATIONS

     ``SEC. 301. FINANCIAL ASSISTANCE.

       ``(a) Grants.--The Secretary is authorized to make grants 
     to any affected Indian tribe or affected unit of local 
     government for purposes of enabling the affected Indian tribe 
     or affected unit of local government--
       ``(1) to review activities taken with respect to the Yucca 
     Mountain site for purposes of determining any potential 
     economic, social, public health and safety, and environmental 
     impacts of the integrated management system on the affected 
     Indian tribe or the affected unit of local government and its 
     residents;
       ``(2) to develop a request for impact assistance under 
     subsection (c);
       ``(3) to engage in any monitoring, testing, or evaluation 
     activities with regard to such site;
       ``(4) to provide information to residents regarding any 
     activities of the Secretary, or the Commission with respect 
     to such site; and
       ``(5) to request information from, and make comments and 
     recommendations to, the Secretary regarding any activities 
     taken with respect to such site.
       ``(b) Salary and Travel Expenses.--Any salary or travel 
     expense that would ordinarily be incurred by any affected 
     Indian tribe or affected unit of local government may not be 
     considered eligible for funding under this section.
       ``(c) Financial and Technical Assistance.--
       ``(1) Assistance requests.--The Secretary is authorized to 
     offer to provide financial and technical assistance to any 
     affected Indian tribe or affected unit of local government 
     requesting such assistance. Such assistance shall be designed 
     to mitigate the impact on the affected Indian tribe or 
     affected unit of local government of the development of the 
     integrated management system.
       ``(2) Report.--Any affected Indian tribe or affected unit 
     of local government may request assistance under this section 
     by preparing and submitting to the Secretary a report on the 
     economic, social, public health and safety, and environmental 
     impacts that are likely to result from activities of the 
     integrated management system.
       ``(d) Other Assistance.--
       ``(1) Taxable amounts.--In addition to financial assistance 
     provided under this subsection, the Secretary is authorized 
     to grant to any affected Indian tribe or affected unit of 
     local government an amount each fiscal year equal to the 
     amount such affected Indian tribe or affected unit of local 
     government, respectively, would receive if authorized to tax 
     integrated management system activities, as such affected 
     Indian tribe or affected unit of local government taxes the 
     non-Federal real property and industrial activities occurring 
     within such affected unit of local government.
       ``(2) Termination.--Such grants shall continue until such 
     time as all such activities, development, and operations are 
     terminated at such site.
       ``(3) Assistance to Indian tribes and units or local 
     government.--
       ``(A) Period.--Any affected Indian tribe or affected unit 
     of local government may not receive any grant under paragraph 
     (1) after the expiration of the 1-year period following the 
     date on which the Secretary notifies the affected Indian 
     tribe or affected unit of local government of the termination 
     of the integrated management system.
       ``(B) Activities.--Any affected Indian tribe or affected 
     unit of local government may not receive any further 
     assistance under this section if the integrated management 
     system activities at such site are terminated by the 
     Secretary or if such activities are permanently enjoined by 
     any court.

     ``SEC. 302. ON-SITE REPRESENTATIVE

       ``The Secretary shall offer to the unit of local government 
     within whose jurisdiction a site for an interim storage 
     facility or repository is located under this Act an 
     opportunity to designate a representative to conduct onsite 
     oversight activities at such site. The Secretary is 
     authorized to pay the reasonable expenses of such 
     representative.

     ``SEC. 303. ACCEPTANCE OF BENEFITS.

       ``(a) Consent.--The acceptance or use of any of the 
     benefits provided under this title by any affected Indian 
     tribe or affected unit of local government shall not be 
     deemed to be an expression of consent, express, or implied, 
     either under the Constitution of the State or any law 
     thereof, to the siting of an interim storage facility or 
     repository in the State of Nevada, any provision of such 
     Constitution or laws to the contrary notwithstanding.
       ``(b) Argument.--Neither the United States nor any other 
     entity may assert any argument based on legal or equitable 
     estoppel, or acquiescence, or waiver, or consensual 
     involvement, in response to any decision by the State to 
     oppose the siting in Nevada of an interim storage facility 
     or repository premised upon or related to the acceptance 
     or use of benefits under this title.
     ``(c) Liability.--No liability of any nature shall accrue to 
     be asserted against any official of any governmental unit of 
     Nevada premised solely upon the acceptance or use of benefits 
     under this title.

     ``SEC. 304. RESTRICTIONS ON USE OF FUNDS.

       ``None of the funding provided under this title 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; and
       ``(3) to support multistate efforts or other coalition-
     building activities inconsistent with the purposes of this 
     Act.

     ``SEC. 305. LAND CONVEYANCES.

       ``(a) Conveyances of Public Lands.--One hundred and twenty 
     days after enactment of this Act, all right, title and 
     interest of the United States in the property described in 
     subsection (b), and improvements thereon, together with all 
     necessary easements for utilities and ingress and egress to 
     such property, including, but not limited to, the right to 
     improve those easements, are conveyed by operation of law to 
     the County of Nye, Nevada, unless the county notifies the 
     Secretary of Interior or the head of such other appropriate 
     agency in writing within 60 days of such date of enactment 
     that it elects not to take title to all or any part of the 
     property, except that any lands conveyed to the

[[Page S8663]]

     County of Nye under this subsection that are subject to a 
     Federal grazing permit or lease or a similar federally 
     granted permit or lease shall be conveyed between 60 and 120 
     days of the earliest time the Federal agency administering or 
     granting the permit or lease would be able to legally 
     terminate such right under the statutes and regulations 
     existing at the date of enactment of this Act, unless Nye 
     County and the affected holder of the permit or lease 
     negotiate an agreement that allows for an earlier conveyance.
       ``(b) Special Conveyances.--Notwithstanding any other law, 
     the following public lands depicted on the maps and legal 
     descriptions dated October 11, 1995, and on file with the 
     Secretary shall be conveyed under subsection (a) to the 
     County of Nye, Nevada:
       Map 1: Proposed Pahrump Industrial Park Site
       Map 2: Proposed Lathrop Wells (Gate 510) Industrial Park 
     Site
       Map 3: Pahrump Landfill Sites
       Map 4: Amargosa Valley Regional Landfill Site
       Map 5: Amargosa Valley Municipal Landfill Site
       Map 6: Beatty Landfill/Transfer Station Site
       Map 7: Round Mountain Landfill Site
       Map 8: Tonopah Landfill Site
       Map 9: Gabbs Landfill Site.
       ``(3) Construction.--The maps and legal descriptions of 
     special conveyances referred to in subsection (b) shall have 
     the same force and effect as if they were included in this 
     Act. The Secretary may correct clerical and typographical 
     errors in the maps and legal descriptions and make minor 
     adjustments in the boundaries of the sites.
       ``(4) Evidence of Title Transfers.--Upon the request of the 
     County of Nye, Nevada, the Secretary of the Interior shall 
     provide evidence of title transfer.

                  ``TITLE IV--FUNDING AND ORGANIZATION

     ``SEC. 401. PROGRAM FUNDING.

       ``(a) Contracts.--
       ``(1) Authority of Secretary.--In the performance of the 
     Secretary's functions under this Act, the Secretary is 
     authorized to enter into contracts with any person who 
     generates or holds title to spent nuclear fuel or high level 
     radioactive waste of domestic origin for the acceptance of 
     title and possession, transportation, interim storage, and 
     disposal of such waste or spent fuel. Such contract shall 
     provide for payment of annual fees to the Secretary in the 
     amounts set by the Secretary pursuant to paragraphs (2) and 
     (3). Except as provided in paragraph (3), fees assessed 
     pursuant to this paragraph shall be paid to the Treasury of 
     the United States and shall be available for use by the 
     Secretary pursuant to this section until expended. Subsequent 
     to the date of enactment of the Nuclear Waste Policy Act of 
     1996, the contracts executed under section 302(a) of the 
     Nuclear Waste Policy Act of 1982 shall continue in effect 
     under this Act, provided that the Secretary shall consent to 
     an amendment to such contracts as necessary to implement the 
     provisions of this Act.
       ``(2) Annual Fees.--
       ``(A) For electricity generated by civilian nuclear power 
     reactors and sold between January 7, 1983, and September 30, 
     2002, the fee under paragraph (1) shall be equal to 1.0 mill 
     per kilowatt hour generated and sold. For electricity 
     generated by civilian nuclear power reactors and sold on or 
     after October 1, 2002, the aggregate amount of fees collected 
     during each fiscal year shall be no greater than the annual 
     level of appropriations for expenditures on those activities 
     consistent with subsection (d) for that fiscal year, minus--
       ``(i) any unobligated balance collected pursuant to this 
     section during the previous fiscal year; and
       ``(ii) the percentage of such appropriation required to be 
     funded by the Federal Government pursuant to section 403.

     The Secretary shall determine the level of the annual fee for 
     each civilian nuclear power reactor based on the amount of 
     electricity generated and sold, except that the annual fee 
     collected under this subparagraph shall not exceed 1.0 mill 
     per kilowatt-hour generated and sold.
       ``(B) Expenditures if Shortfall.--If, during any fiscal 
     year on or after October 1, 2002, the aggregate amount of 
     fees assessed pursuant to subparagraph (A) is less than the 
     annual level of appropriations for expenditures on those 
     activities specified in subsection (d) for that fiscal year, 
     minus--
       ``(i) any unobligated balance collected pursuant to this 
     section during the previous fiscal year; and
       ``(ii) the percentage of such appropriations required to be 
     funded by the Federal Government pursuant to section 403,

     the Secretary may make expenditures from the Nuclear Waste 
     Fund up to the level of the fees assessed.
       ``(C) Rules.--The Secretary shall, by rule, establish 
     procedures necessary to implement this paragraph.
       ``(3) One-Time Fee.--For spent nuclear fuel or solidified 
     high-level radioactive waste derived from spent nuclear fuel, 
     which fuel was used to generate electricity in a civilian 
     nuclear power reactor prior to January 7, 1983, the fee shall 
     be in an amount equivalent to an average charge of 10 mill 
     per kilowatt-hour for electricity generated by such spent 
     nuclear fuel, or such solidified high-level waste derived 
     therefrom. Payment of such one-time fee prior to the date of 
     enactment of the Nuclear Waste Policy Act of 1996 shall 
     satisfy the obligation imposed under this paragraph. Any one-
     time fee paid and collected subsequent to the date of 
     enactment of the Nuclear Waste Policy Act of 1996 pursuant to 
     the contracts, including any interest due pursuant to such 
     contracts, shall be paid to the Nuclear Waste Fund no 
     later than September 30, 2002. The Commission shall 
     suspend the license of any licensee who fails or refuses 
     to pay the full amount of the fee referred to in this 
     paragraph on or before September 30, 2002, and the license 
     shall remain suspended until the full amount of the fee 
     referred to in this paragraph is paid. The person paying 
     the fee under this paragraph to the Secretary shall have 
     no further financial obligation to the Federal Government 
     for the long-term storage and permanent disposal of spent 
     fuel or high-level radioactive waste derived from spent 
     nuclear fuel used to generate electricity in a civilian 
     power reactor prior to January 7, 1983.
       ``(4) Adjustments to fee.--The Secretary shall annually 
     review the amount of the fees established by paragraphs (2) 
     and (3), together with the existing balance of the Nuclear 
     Waste Fund on the date of enactment of the Nuclear Waste 
     Policy Act of 1996, to evaluate whether collection of the fee 
     will provide sufficient revenues to offset the costs as 
     defined in subsection (c)(2). In the event the Secretary 
     determines that the revenues being collected are either 
     insufficient or excessive to recover the costs incurred by 
     the Federal Government that are specified in subsection 
     (c)(2), the Secretary shall propose an adjustment to the fee 
     in subsection (c)(2) to ensure full cost recovery. The 
     Secretary shall immediately transmit the proposal for such an 
     adjustment to both houses of Congress.
       ``(b) Advance Contracting Requirement.--
       ``(1) In general.--
       ``(A) License issuance and renewal.--The Commission shall 
     not issue or renew a license to any person to use a 
     utilization or production facility under the authority of 
     section 103 or 104 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2133, 2134) unless--
       ``(i) such person has entered into a contract under 
     subsection (a) with the Secretary; or
       ``(ii) the Secretary affirms in writing that such person is 
     actively and in good faith negotiating with the Secretary for 
     a contract under this section.
       ``(B) Precondition.--The Commission, as it deems necessary 
     or appropriate, may require as a precondition to the issuance 
     or renewal of a license under section 103 or 104 of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134) that the 
     applicant for such license shall have entered into an 
     agreement with the Secretary for the disposal of spent 
     nuclear fuel and high-level radioactive waste that may result 
     from the use of such license.
       ``(2) Disposal in repository.--Except as provided in 
     paragraph (1), no spent nuclear fuel or high-level 
     radioactive waste generated or owned by any person (other 
     than a department of the United States referred to in section 
     101 or 102 of title 5, United States Code) may be disposed of 
     by the Secretary in the repository unless the generator or 
     owner of such spent fuel or waste has entered into a contract 
     under subsection (a) with the Secretary by not later than the 
     date on which such generator or owner commences generation 
     of, or takes title to, such spent fuel or waste.
       ``(3) Assignment.--The rights and duties of contract 
     holders are assignable.
       ``(c) Nuclear Waste Fund.--
       ``(1) In general.--The Nuclear Waste Fund established in 
     the Treasury of the United States under section 302(c) of the 
     Nuclear Waste Policy Act of 1982 shall continue in effect 
     under this Act and shall consist of--
       ``(A) the existing balance in the Nuclear Waste Fund on the 
     date of enactment of the Nuclear Waste Policy Act of 1996; 
     and
       ``(B) all receipts, proceeds, and recoveries realized under 
     subsections (a), and (c)(3) subsequent to the date of 
     enactment of the Nuclear Waste Policy Act of 1996, which 
     shall be deposited to the Nuclear Waste Fund immediately upon 
     their realization.
       ``(2) Use.--The Secretary may make expenditures from the 
     Nuclear Waste Fund, subject to subsections (d) and (e), only 
     for purposes of the integrated management system.
       ``(3) Administration of Nuclear Waste Fund.--
       ``(A) In general.--The Secretary of the Treasury shall hold 
     the Nuclear Waste Fund and, after consultation with the 
     Secretary, annually report to the Congress on the financial 
     condition and operations of the Nuclear Waste Fund during the 
     preceding fiscal year.
       ``(B) Amounts in excess of current needs.--If the Secretary 
     determines that the Nuclear Waste Fund contains at any time 
     amounts in excess of current needs, the Secretary may request 
     the Secretary of the Treasury to invest such amounts, or any 
     portion of such amounts as the Secretary determines to be 
     appropriate, in obligations of the United States--
       ``(i) having maturities determined by the Secretary of the 
     Treasury to be appropriate to the needs of the Nuclear Waste 
     Fund; and
       ``(ii) bearing interest at rates determined to be 
     appropriate by the Secretary of the Treasury, taking into 
     consideration the current average market yield on outstanding 
     marketable obligations of the United States with remaining 
     periods to maturity comparable to the maturities of such 
     investments, except that the interest rate on such

[[Page S8664]]

     investments shall not exceed the average interest rate 
     applicable to existing borrowings.
       ``(C) Exemption.--Receipts, proceeds, and recoveries 
     realized by the Secretary under this section, and 
     expenditures of amounts from the Nuclear Waste Fund, shall be 
     exempt from annual apportionment under the provisions of 
     subchapter II of chapter 15 of title 31, United States Code.
       ``(d) Budget.--The Secretary shall submit the budget for 
     implementation of the Secretary's responsibilities under this 
     Act to the Office of Management and Budget annually along 
     with the budget of the Department of Energy submitted at such 
     time in accordance with chapter 11 of title 31, United States 
     Code. The budget shall consist of the estimates made by the 
     Secretary of expenditures under this Act and other relevant 
     financial matters for the succeeding 3 fiscal years, and 
     shall be included in the budget of the United States 
     Government.
       ``(e) Appropriations.--The Secretary may make expenditures 
     from the Nuclear Waste Fund, subject to appropriations, which 
     shall remain available until expended.

     ``SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.

       ``(a) Establishment.--There hereby is established within 
     the Department of Energy an Office of Civilian Radioactive 
     Waste Management. The Office shall be headed by a Director, 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate, and who shall be 
     compensated at the rate payable for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code.
       ``(b) Functions of Director.--The Director of the Office 
     shall be responsible for carrying out the functions of the 
     Secretary under this Act, subject to the general supervision 
     of the Secretary. The Director of the Office shall be 
     directly responsible to the Secretary.

     ``SEC. 403. FEDERAL CONTRIBUTION.

       ``(a) Allocation.--No later than one year from the date of 
     enactment of the Nuclear Waste Policy Act of 1996, acting 
     pursuant to section 553 of title 5, United States Code, the 
     Secretary shall issue a final rule establishing the 
     appropriate portion of the costs of managing spent nuclear 
     fuel and high-level radioactive waste under this Act 
     allocable to the interim storage or permanent disposal of 
     spent nuclear fuel and high-level radioactive waste from 
     atomic energy defense activities and spent nuclear fuel 
     from foreign research reactors. The share of costs 
     allocable to the management of spent nuclear fuel and 
     high-level radioactive waste from atomic energy defense 
     activities and spent nuclear fuel from foreign research 
     reactors shall include,
       ``(1) an appropriate portion of the costs associated with 
     research and development activities with respect to 
     development of an interim storage facility and repository; 
     and
       ``(2) as appropriate, interest on the principal amounts due 
     calculated by reference to the appropriate Treasury bill rate 
     as if the payments were made at a point in time consistent 
     with the payment dates for spent nuclear fuel and high-level 
     radioactive waste under the contracts.
       ``(b) Appropriation Request.--In addition to any request 
     for an appropriation from the Nuclear Waste Fund, the 
     Secretary shall request annual appropriations from general 
     revenues in amounts sufficient to pay the costs of the 
     management of spent nuclear fuel and high-level radioactive 
     waste from atomic energy defense activities and spent nuclear 
     fuel from foreign research reactors, as established under 
     subsection (a).
       ``(c) Report.--In conjunction with the annual report 
     submitted to Congress under Section 702, the Secretary shall 
     advise the Congress annually of the amount of spent nuclear 
     fuel and high-level radioactive waste from atomic energy 
     defense activities and spent fuel from foreign research 
     reactors, requiring management in the integrated management 
     system.
       ``(d) Authorization.--There is authorized to be 
     appropriated to the Secretary, from general revenues, for 
     carrying out the purposes of this Act, such sums as may be 
     necessary to pay the costs of the management of spent nuclear 
     fuel and high-level radioactive waste from atomic energy 
     defense activities and spent nuclear fuel from foreign 
     research reactors, as established under subsection (a).

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

     ``SEC. 501. COMPLIANCE WITH OTHER LAWS.

       ``If the requirements of any Federal, State, or local law 
     (including a requirement imposed by regulation or by any 
     other means under such a law) are inconsistent with or 
     duplicative of the requirements of the Atomic Energy Act of 
     1954 (42 U.S.C. 2011 et seq.) or of this Act, the Secretary 
     shall comply only with the requirements of the Atomic Energy 
     Act of 1954 and of this Act in implementing the integrated 
     management system.

     ``SEC. 502. JUDICIAL REVIEW OF AGENCY ACTIONS.

       ``(a) Jurisdiction of the United States Courts of 
     Appeals.--
       ``(1) Original and exclusive jurisdiction.--Except for 
     review in the Supreme Court of the United States, and except 
     as otherwise provided in this Act, the United States courts 
     of appeals shall have original and exclusive jurisdiction 
     over any civil action--
       ``(A) for review of any final decision or action of the 
     Secretary, the President, or the Commission under this Act;
       ``(B) alleging the failure of the Secretary, the President, 
     or the Commission to make any decision, or take any action, 
     required under this Act;
       ``(C) challenging the constitutionality of any decision 
     made, or action taken, under any provision of this Act; or
       ``(D) for review of any environmental impact statement 
     prepared or environmental assessment pursuant to the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with respect to any action under this Act or alleging a 
     failure to prepare such statement with respect to any such 
     action.
       ``(2) Venue.--The venue of any proceeding under this 
     section shall be in the judicial circuit in which the 
     petitioner involved resides or has its principal office, or 
     in the United States Court of Appeals for the District of 
     Columbia Circuit.
       ``(b) Deadline for Commencing Action.--A civil action for 
     judicial review described under subsection (a)(1) may be 
     brought no later than 180 days after the date of the decision 
     or action or failure to act involved, as the case may be, 
     except that if a party shows that he did not know of the 
     decision or action complained of (or of the failure to act), 
     and that a reasonable person acting under the circumstances 
     would not have known, such party may bring a civil action no 
     later than 180 days after the date such party acquired actual 
     or constructive knowledge or such decision, action, or 
     failure to act.
       ``(c) Application of Other Law.--The provisions of this 
     section relating to any matter shall apply in lieu of the 
     provisions of any other Act relating to the same matter.

     ``SEC. 503. LICENSING OF FACILITY EXPANSIONS AND 
                   TRANSSHIPMENTS.

       ``(a) Oral Argument.--In any Commission hearing under 
     section 189 of the Atomic Energy Act of 1954 (42 U.S.C. 2239) 
     on an application for a license, or for an amendment to an 
     existing license, filed after January 7, 1983, to expand the 
     spent nuclear fuel storage capacity at the site of a civilian 
     nuclear power reactor, through the use of high-density fuel 
     storage racks, fuel rod compaction, the transshipment of 
     spent nuclear fuel to another civilian nuclear power reactor 
     within the same utility system, the construction of 
     additional spent nuclear fuel pool capacity or dry storage 
     capacity, or by other means, the Commission shall, at the 
     request of any party, provide an opportunity for oral 
     argument with respect to any matter which the Commission 
     determines to be in controversy among the parties. The oral 
     argument shall be preceded by such discovery procedures as 
     the rules of the Commission shall provide. The Commission 
     shall require each party, including the Commission staff, to 
     submit in written form, at the time of the oral argument, a 
     summary of the facts, data, and arguments upon which such 
     party proposes to rely that are known at such time to such 
     party. Only facts and data in the form of sworn testimony or 
     written submission may be relied upon by the parties during 
     oral argument. Of the materials that may be submitted by the 
     parties during oral argument, the Commission shall only 
     consider those facts and data that are submitted in the form 
     of sworn testimony or written submission.
       ``(b) Adjudicatory Hearing.--
       ``(1) Designation.--At the conclusion of any oral argument 
     under subsection (a), the Commission shall designate any 
     disputed question of fact, together with any remaining 
     questions of law, for resolution in an adjudicatory hearing 
     only if it determines that--
       ``(A) there is a genuine and substantial dispute of fact 
     which can only be resolved with sufficient accuracy by the 
     introduction of evidence in an adjudicatory Hearing, and
       ``(B) the decision of the Commission is likely to depend in 
     whole or in part on the resolution of such dispute.
       ``(2) Determination.--In making a determination under this 
     subsection, the Commission--
       ``(A) shall designate in writing the specific facts that 
     are in genuine and substantial dispute, the reason why the 
     decision of the agency is likely to depend on the resolution 
     of such facts, and the reason why an adjudicatory hearing is 
     likely to resolve the dispute; and
       ``(B) shall not consider--
       ``(i) any issue relating to the design, construction, or 
     operation of any civilian nuclear power reactor already 
     licensed to operate at such site, or any civilian nuclear 
     power reactor to which a construction permit has been 
     granted at such site, unless the Commission determines 
     that any such issue substantially affects the design, 
     construction, or operation of the facility or activity for 
     which such license application, authorization, or 
     amendment is being considered; or
       ``(ii) any siting or design issue fully considered and 
     decided by the Commission in connection with the issuance of 
     a construction permit or operating license for a civilian 
     nuclear power reactor at such site, unless
       ``(I) such issue results from any revision of siting or 
     design criteria by the Commission following such decision; 
     and
       ``(II) the Commission determines that such issue 
     substantially affects the design, construction, or operation 
     of the facility or activity for which such license 
     application, authorization, or amendment is being considered.
       ``(3) Application.--The provisions of paragraph (2)(B) 
     shall apply only with respect to licenses, authorizations, or 
     amendments to licenses or authorizations, applied for under 
     the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) before 
     December 31, 1005.

[[Page S8665]]

       ``(4) Construction.--The provisions of this section shall 
     not apply to the first application for a license or license 
     amendment received by the Commission to expand onsite spent 
     fuel storage capacity by the use of a new technology not 
     previously approved for use at any nuclear power plant by the 
     Commission.
       ``(c) Jucidical Review.--No court shall hold unlawful or 
     set aside a decision of the Commission in any proceeding 
     described in subsection (a) because of a failure by the 
     Commission to use a particular procedure pursuant to this 
     section unless--
       ``(1) an objection to the procedure used was presented to 
     the Commission in a timely fashion or there are extraordinary 
     circumstances that excuse the failure to present a timely 
     objection; and
       ``(2) the court finds that such failure has precluded a 
     fair consideration and informed resolution of a significant 
     issue of the proceeding taken as a whole.

     ``SEC. 504. SITING A SECOND REPOSITORY.

       ``(a) Congressional Action Required.--The Secretary may not 
     conduct site-specific activities with respect to a second 
     repository unless Congress has specifically authorized and 
     appropriated funds for such activities.
       ``(b) Report.--The Secretary shall report to the President 
     and to Congress on or after January 1, 2007, but not later 
     than January 1, 2010, on the need for a second repository.

     ``SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW-LEVEL RADIOACTIVE 
                   WASTE SITE CLOSURE.

       ``(a) Financial Arrangements.--
       ``(1) Standards and instructions.--The Commission shall 
     establish by rule, regulation, or order, after public notice, 
     and in accordance with section 181 of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2231), such standards and instructions as 
     the Commission may deem necessary or desirable to ensure in 
     the case of each license for the disposal of low-level 
     radioactive waste that an adequate bond, surety, or other 
     financial arrangement (as determined by the Commission) will 
     be provided by a licensee to permit completion of all 
     requirements established by the Commission for the 
     decontamination, decommissioning, site closure, and 
     reclamation of sites, structures, and equipment used in 
     conjunction with such low-level radioactive waste. Such 
     financial arrangements shall be provided and approved by the 
     Commission, or, in the case of sites within the boundaries of 
     any agreement State under section 274 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2021), by the appropriate State 
     or State entity, prior to issuance of licenses for low-
     level radioactive waste disposal or, in the case of 
     licenses in effect on January 7, 1983, prior to 
     termination of such licenses.
       ``(2) Bonding, surety, or other financial arrangements.--If 
     the Commission determines that any long-term maintenance or 
     monitoring, or both, will be necessary at a site described in 
     paragraph (1), the Commission shall ensure before termination 
     of the license involved that the licensee has made available 
     such bonding, surety, or other financial arrangements as may 
     be necessary to ensure that any necessary long-term 
     maintenance or monitoring needed for such site will be 
     carried out by the person having title and custody for such 
     site following license termination.
       ``(b) Title and Custody.--
       ``(1) Authority of secretary.--The Secretary shall have 
     authority to assume title and custody of low-level 
     radioactive waste and the land on which such waste is 
     disposed of, upon request of the owner of such waste and land 
     and following termination of the license issued by the 
     Commission for such disposal, if the Commission determines 
     that--
       ``(A) the requirements of the Commission for site closure, 
     decommissioning, and decontamination have been met by the 
     licensee involved and that such licensee is in compliance 
     with the provisions of subsection (a);
       ``(B) such title and custody will be transferred to the 
     Secretary without cost to the Federal Government; and
       ``(C) Federal ownership and management of such site is 
     necessary or desirable in order to protect the public health 
     and safety, and the environment.
       ``(2) Protection.--If the Secretary assumes title and 
     custody of any such waste and land under this subsection, the 
     Secretary shall maintain such waste and land in a manner that 
     will protect the public health and safety, and the 
     environment.
       ``(c) Special Sites.--If the low-level radioactive waste 
     involved is the result of a licensed activity to recover 
     zirconium, hafnium, and rare earths from source material, the 
     Secretary, upon request of the owner of the site involved, 
     shall assume title and custody of such waste and the land on 
     which it is disposed when such site has been decontaminated 
     and stabilized in accordance with the requirements 
     established by the Commission and when such owner has made 
     adequate financial arrangements approved by the Commission 
     for the long-term maintenance and monitoring of such site.

     ``SEC. 506. NUCLEAR REGULATORY COMMISSION TRAINING 
                   AUTHORIZATION.

       ``The Commission is authorized and directed to promulgate 
     regulations, or other appropriate regulatory guidance, for 
     the training and qualifications of civilian nuclear power 
     plant operators, supervisors, technicians, and other 
     appropriate operating personnel. Such regulations or guidance 
     shall establish simulator training requirements for 
     applicants for civilian nuclear power plant operator licenses 
     and for operator requalification programs; requirements 
     governing Commission administration of requalification 
     examinations; requirements for operating tests at civilian 
     nuclear power plant simulators, and instructional 
     requirements for civilian nuclear power plant licensee 
     personnel training programs.

     ``SEC. 507. EMPLACEMENT SCHEDULE.

       ``(a) The emplacement schedule shall be implemented in 
     accordance with the following:
       ``(1) Emplacement priority ranking shall be determined by 
     the Department's annual `Acceptance Priority Ranking' report.
       ``(2) The Secretary's spent fuel emplacement rate shall be 
     no less than the following: 1,200 MTU in fiscal year 2000 and 
     1,200 MTU in fiscal year 2001; 2,000 MTU in fiscal year 2002 
     and 2000 MTU in fiscal year 2003; 2,700 MTU in fiscal year 
     2004; and 3,000 MTU annually thereafter.
       ``(b) If the Secretary is unable to begin emplacement by 
     January 31, 1999 at the rates specified in subsection (a), or 
     if the cumulative amount emplaced in any year thereafter is 
     less than that which would have been accepted under the 
     emplacement rate specified in subsection (a), the Secretary 
     shall, as a mitigation measure, adjust the emplacement 
     schedule upward such that within 5 years of the start of 
     emplacement by the Secretary,
       ``(1) the total quantity accepted by the Secretary is 
     consistent with the total quantity that the Secretary would 
     have accepted if the Secretary had began emplacement in 
     fiscal year 2000, and
       ``(2) thereafter the emplacement rate is equivalent to the 
     rate that would be in place pursuant to paragraph (a) above 
     if the Secretary had commenced emplacement in fiscal year 
     2000.

     ``SEC. 508. TRANSFER OF TITLE.

       ``(a) Acceptance by the Secretary of any spent nuclear fuel 
     or high-level radioactive waste shall constitute a transfer 
     of title to the Secretary.
       ``(b) No later than 6 months following the date of 
     enactment of the Nuclear Waste Policy Act of 1996, the 
     Secretary is authorized to accept all spent nuclear fuel 
     withdrawn from Dairyland Power Cooperative's La Crosse 
     Reactor and, upon acceptance, shall provide Dairyland Power 
     Cooperative with evidence of the title transfer. Immediately 
     upon the Secretary's acceptance of such spent nuclear fuel, 
     the Secretary shall assume all responsibility and liability 
     for the interim storage and permanent disposal thereof and is 
     authorized to compensate Dairyland Power Cooperative for any 
     costs related to operating and maintaining facilities 
     necessary for such storage from the date of acceptance until 
     the Secretary removes the spent nuclear fuel from the La 
     Crosse Reactor site.

     ``SEC. 509. DECOMMISSIONING PILOT PROGRAM.

       ``(a) Authorization.--The Secretary is authorized to 
     establish a Decommissioning Pilot Program to decommission and 
     decontaminate the sodium-cooled fast breeder experimental 
     test-site reactor located in northwest Arkansas.
       ``(b) Funding.--No funds from the Nuclear Waste Fund may be 
     used for the Decommissioning Pilot Program.

     ``SEC. 510. WATER RIGHTS.

       ``(a) No Federal Reservation.--Nothing in this Act or any 
     other Act of Congress shall constitute or be construed to 
     constitute either an express or implied Federal reservation 
     of water or water rights for any purpose arising under this 
     Act.
       ``(b) Acquisition and Exercise of Water Rights Under Nevada 
     Law.--The United States may acquire and exercise such water 
     rights as it deems necessary to carry out its 
     responsibilities under this Act pursuant to the substantive 
     and procedural requirements of the State of Nevada. Nothing 
     in this Act shall be construed to authorize the use of 
     eminent domain by the United States to acquire water rights 
     for such lands.
       ``(c) Exercise of Water Rights Generally Under Nevada 
     Laws.--Nothing in this Act shall be construed to limit the 
     exercise of water rights as provided under Nevada State laws

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

     ``SEC. 601. DEFINITIONS.

       ``For purposes of this title--
       ``(1) Chairman.--The term `Chairman' means the Chairman of 
     the Nuclear Waste Technical Review Board.
       ``(2) Board.--The term `Board' means the Nuclear Waste 
     Technical Review Board continued under section 602.

     ``SEC. 602. NULCEAR WASTE TECHNICAL REVIEW BOARD.

       ``(a) Continuation of the Nuclear Waste Technical Review 
     Board.--The Nuclear Waste Technical Review Board, established 
     under section 502(a) of the Nuclear Waste Policy Act of 1982 
     as constituted prior to the date of enactment of the Nuclear 
     Waste Policy Act of 1996, shall continue in effect subsequent 
     to the date of enactment of the Nuclear Waste Policy Act of 
     1996.
       ``(b) Members.--
       ``(1) Number.--The Board shall consist of 11 members who 
     shall be appointed by the President not later than 90 days 
     after December 22, 1987, from among persons nominated by the 
     National Academy of Sciences in accordance with paragraph 
     (3).
       ``(2) Chair.--The President shall designate a member of the 
     Board to serve as Chairman.
       ``(3) National academy of sciences.--
       ``(A) Nominations.--The National Academy of Sciences shall, 
     not later than 90 days after

[[Page S8666]]

     December 22, 1987, nominate not less than 22 percent for 
     appointment to the Board from among persons who meet the 
     qualifications described in subpagaraph (C).
       (B) Vacancies.--The National Academy of Sciences shall 
     nominate not less than 2 persons to fill any vacany on the 
     Board from among persons who meet the qualifications 
     described in subparagraph (C).
       ``(C) Nominees.--
       ``(i) Each person nominated for appointment for the Board 
     shall be--
       ``(I) eminent in a field of science or engineering, 
     including environmental sciences; and
       ``(II) selected swolely on the basis of established records 
     of distinguished service.
       ``(ii) The membership of the Board shall be representatives 
     of the broad range of scientific and engineering disciplines 
     related to activities under this title.
       ``(iii) No person shall be nominated for appointment to the 
     Board who is an employee of--
       ``(I) the Department of Energy;
       ``(II) a national laboratory under contract with the 
     Department of Energy; or
       ``(III) an entity performing spent nuclear fuel or high-
     level radioactive waste activities under contract with the 
     Department of Energy.
       ``(4) Vacancies.--Any vacancy on the Board shall be filed 
     by the nomination and appointment process described in 
     paragraphs (1) and (3).
       ``(5) Terms.--Members of the Board shall be appointed for 
     terms of 4 years, each such term to commence 120 days after 
     December 22, 1987, except that of the 11 members first 
     appointed to the Board, 5 shall serve for 22 years and 6 
     shall serve for 4 years, to be designated by the President at 
     the time of appointment, except that a member of the Board 
     whose term has expired may continue to serve as a member of 
     the Board until such member's successor has taken office.

     ``SEC. 603 FUNCTIONS.

       ``The Board shall limit its evaluations to the technical 
     and scientific validity solely of the following activities 
     undertaken directly by the Secretary after December 22, 
     1987--
       ``(1) site characterization activities; and
       ``(2) activities of the Secretary relating to the packaging 
     or transportation of spent nuclear fuel or high-level 
     radioactive waste.

     ``SEC. 604. INVESTIGATORY POWERS.

       ``(a) Hearings.--Upon request of the Chairman or a majority 
     of the members of the Board, the Board may hold such 
     hearings, sit and act at such times and places, take such 
     testimony, and receive such evidence, as the Board considers 
     appropriate. Any member of the Board may administer oaths or 
     affirmations to witnesses appearing before the Board. The 
     Secretary or the Secretary's designee or designees shall not 
     be required to appear before the Board or any element of the 
     Board for more than twelve working days per calendar year.
       ``(b) Production of Documents.--
       ``(1) Response to inquiries.--Upon the request of the 
     Chairman or a majority of the members of the Board, and 
     subject to existing law, the Secretary (or any contractor of 
     the Secretary) shall provide the Board with such records, 
     files, papers, data, or information that is generally 
     available to the public as may be necessary to respond to any 
     inquiry of the Board under this title.
       ``(2) Extent.--Subject to existing law, information 
     obtainable under paragraph (1) may include drafts of products 
     and documentation of work in progress.

     ``SEC. 605. COMPENSATION OF MEMBERS.

       ``(a) In General.--Each member of the Board shall be paid 
     at the rate of pay available for level III of the Executive 
     Schedule for each day (including travel time) such member is 
     engaged in the work of the Board.
       ``(b) Travel Expenses.--Each member of the Board may 
     receive travel expenses, including per diem in lieu of 
     subsistence, in the same manner as is permitted under 
     sections 5702 and 5703 of title 5, United States Code.

     ``SEC. 606. STAFF.

       ``(a) Clerical Staff.--
       ``(1) Authority of chairman.--Subject to paragraph (2), the 
     Chairman may appoint and fix the compensation of such 
     clerical staff as may be necessary to discharge the 
     responsibilities of the Board.
       ``(2) Provisions of title 5.--Clerical staff shall be 
     appointed subject to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, and 
     shall be paid in accordance with the provisions of chapter 51 
     and subchapter III of chapter 3 of such title relating to 
     classification and General Schedule pay rates.
       ``(b) Professional Staff.--
       ``(1) Authority of chairman.--Subject to paragraphs (2) and 
     (3), the Chairman may appoint and fix the compensation of 
     such professional staff as may be necessary to discharge the 
     responsibilities of the Board.
       ``(2) Number.--Not more than 10 professional staff members 
     may be appointed under this subsection.
       ``(3) Title 5.--Professional staff members may be appointed 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service and 
     may be paid without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     individual so appointed may receive pay in excess of the 
     annual rate of basic pay payable for GS-18 of the General 
     Schedule.

     ``SEC. 607. SUPPORT SERVICES.

       ``(a) General Services.--To the extent permitted by law and 
     requested by the Chairman the Administrator of General 
     Services shall provide the Board with necessary 
     administrative services. facilities, and support on a 
     reimbursable basis.
       ``(b) Accounting, Research, and Technology Assessment 
     Services.--The Comptroller General and the Librarian of 
     Congress shall, to the extent permitted by law and subject to 
     the availability of funds, provide the Board with such 
     facilities, support, funds and services, including staff, as 
     may be necessary for the effective performance of the 
     functions of the Board.
       ``(c) Additional Support.--Upon the request of the 
     Chairman, the Board may secure directly from the head of any 
     department or agency of the United States information 
     necessary to enable it to carry out this title.
       ``(d) Mails.--The Board may use the United States mails in 
     the same manner and under the same conditions as other 
     departments and agencies of the United States.
       ``(e) Experts and Consultants.--Subject to such rules as 
     may be prescribed by the Board, the Chairman may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5 of the United States Code, but at rates for 
     individuals not to exceed the daily equivalent of the maximum 
     annual rate of basic pay payable for GS-18 of the General 
     Schedule

     ``SEC. 608. REPORT.

       ``The Board shall report not less than 2 times per year to 
     Congress and the Secretary its findings, conclusions, and 
     recommendations.

     ``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated for expenditures 
     such sums as may be necessary to carry out the provisions of 
     this title.

     ``SEC. 610. TERMINATION OF THE BOARD.

       ``The Board shall cease to exist not later than one year 
     after the date on which the Secretary begins disposal of 
     spent nuclear fuel or high-level radioactive waste in the 
     repository.

                     ``TITLE VII--MANAGEMENT REFORM

     ``SEC. 701. MANAGEMENT REFORM INITIATIVES.

       ``(a) In General.--The Secretary is directed to take 
     actions as necessary to improve the management of the 
     civilian radioactive waste management program to ensure that 
     the program is operated, to the maximum extent practicable, 
     in like manner as a private business.
       ``(b) Audits.--
       ``(1) Standard.--The Office of Civilian Radioactive Waste 
     Management, its contractors, and subcontractors at all tiers, 
     shall conduct, or have conducted, audits and examinations of 
     their operations in accordance with the usual and customary 
     practices of private corporations engaged in large nuclear 
     construction projects consistent with its role in the 
     program.
       ``(2) Time.--The management practices and performances of 
     the Office of Civilian Radioactive Waste Management shall be 
     audited every 5 years by an independent management consulting 
     firm with significant experience in similar audits of private 
     corporations engaged in large nuclear construction projects. 
     The first such audit shall be conducted 5 years after the 
     enactment of the Nuclear Waste Policy Act of 1996.
       ``(3) Comptroller General.--The Comptroller General of the 
     United States shall annually make an audit of the Office, in 
     accordance with such regulations as the Comptroller General 
     may prescribe. The Comptroller General shall have access to 
     such books, records, accounts, and other materials of the 
     Office as the Comptroller General determines to be necessary 
     for the preparation of such audit. The Comptroller General 
     shall submit to the Congress a report on the results of each 
     audit conducted under this section.
       ``(4) Time.--No audit contemplated by this subsection shall 
     take longer than 30 days to conduct. An audit report shall be 
     issued in final form no longer than 60 days after the audit 
     is commenced.
       ``(5) Public documents.--All audit reports shall be public 
     documents and available to any individual upon request.
       ``(d) Value Engineering.--The Secretary shall create a 
     value engineering function within the Office of Civilian 
     Radioactive Waste Management that reports directly to the 
     Director, which shall carry out value engineering functions 
     in accordance with the usual and customary practices of 
     private corporations engaged in large nuclear construction 
     projects.
       ``(e) Site Characterization.--The Secretary shall employ, 
     on an on-going basis, integrated performance modeling to 
     identify appropriate parameters for the remaining site 
     characterization effort and to eliminate studies of 
     parameters that are shown not to affect long-term repository 
     performance.

     ``SEC. 702. REPORTING.

       ``(a) Initial Report.--Within 180 days of enactment of this 
     section, the Secretary shall report to Congress on its 
     planned actions for implementing the provisions of this Act, 
     including the development of the Integrated Waste Management 
     System. Such report shall include--
       ``(1) an analysis of the Secretary's progress in meeting 
     its statutory and contractual obligation to accept title to, 
     possession of, and delivery of spent nuclear fuel and high-
     level radioactive waste beginning no later than November 30, 
     1999, and in accordance with the acceptance schedule;
       ``(2) a detailed schedule and timeline showing each action 
     that the Secretary intends to take to meet the Secretary's 
     obligations under this Act and the contracts;

[[Page S8667]]

       ``(3) a detailed description of the Secretary's contingency 
     pans in the event that the Secretary is unable to meet the 
     planned schedule and timeline; and
       ``(4) an analysis by the Secretary of its funding needs for 
     fiscal year 1997 through 2001.
       ``(b) Annual Reports.--On each anniversary of the submittal 
     of the report required by subsection (a), the Secretary shall 
     make annual, reports to the Congress for the purpose of 
     updating the information contained in such report. The annual 
     reports shall be brief and shall notify the Congress of:
       ``(1) any modifications to the Secretary's schedule and 
     timeline for meeting its obligations under this Act;
       ``(2) the reasons for such modifications, and the status of 
     the implementation of any of the Secretary's contingency 
     plan; and
       ``(3) Secretary's analysis of its funding needs for the 
     ensuing 5 fiscal years.

     ``SEC. 703. EFFECTIVE DATE.

       ``This Act shall become effective one day after 
     enactment.''.

                          ____________________