[Congressional Record Volume 143, Number 41 (Wednesday, April 9, 1997)]
[Senate]
[Pages S2933-S2945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                  THE NUCLEAR WASTE POLICY ACT OF 1997

                                 ______
                                 

                       MURKOWSKI AMENDMENT NO. 26

  Mr. MURKOWSKI proposed an amendment to the bill (S. 104) to amend the 
Nuclear Waste Policy Act of 1982; as follows:

       Beginning on page 1, strike all after the enacting clause 
     and insert the following:
       That 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 1997'.
       ``(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.
``Sec. 203. Transportation requirements.
``Sec. 204. Viability assessment and Presidential determination.
``Sec. 205. Interim storage facility.
``Sec. 206. Permanent repository.
``Sec. 207. Compliance with the National Environment Policy Act.
``Sec. 208. 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.

[[Page S2934]]

``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. Managing reform initiatives.
``Sec. 702. Reporting.

                      ``TITLE VIII--MISCELLANEOUS

``Sec. 801. Sense of the Senate.
``Sec. 802. 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 104b. 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 1997, 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 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 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 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.
       ``(32) Administrator.--The term `Administrator' means the 
     Administrator of the Environmental Protection Agency.
       ``(33) Suitable.--The term `suitable' means that there is 
     reasonable assurance that the site features of a repository 
     and the engineered barriers contained therein will allow the 
     repository, as an overall system, to provide containment and 
     isolation of radionuclides sufficient to meet applicable 
     standards for protection of public health and safety.

                         ``TITLE I--OBLIGATIONS

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

       ``(a) Disposal.--The Secretary shall develop and operate an 
     integrated management

[[Page S2935]]

     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 205 in accordance with the emplacement 
     schedule, beginning no later than 18 months after issuance of 
     a license for an interim storage facility under section 
     205(g).
       ``(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 1997 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 18 months after issuance of a 
     license under section 205(g) for an interim storage facility 
     designated under section 204(c)(1). 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 2 years after the effective date of this section.
       ``(e) Notice and Map.--No later than 6 months after the 
     effective date of this section, 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 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 the City of Caliente and 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 the City of 
     Caliente and 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 the 
     City of Caliente and 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

[[Page S2936]]

       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.
       ``(k) This section shall become effective on the date on 
     which the Secretary submits a license application under 
     section 205 for an interim storage facility at a site 
     designated under section 204(c)(1).

     ``SEC. 202. TRANSPORTATION PLANNING.

       ``(a) Transportation Readiness.--The Secretary--
       ``(1) shall take such actions as 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 and from the mainline 
     transportation facilities to the interim storage facility or 
     repository, 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; and
       ``(2) not later than 24 months after the Secretary submits 
     a license application under section 205 for an interim 
     storage facility shall, in consultation with the Secretary of 
     Transportation and affected States and tribes, and after an 
     opportunity for public comment, develop and implement a 
     comprehensive management plan that ensures 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.
       ``(b) Transportation Planning.--
       ``(1) In general.--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.
       ``(2) Matters to be addressed.--Among other things, 
     planning under paragraph (1) shall provide a schedule and 
     process for addressing and implementing, as necessary--
       ``(A) transportation routing plans;
       ``(B) transportation contracting plans;
       ``(C) transportation training in accordance with section 
     203;
       ``(D) public education regarding transportation of spent 
     nuclear fuel and high level radioactive waste; and
       ``(E) transportation tracking programs.
       ``(c) Shipping Campaign Transportation Plans.--
       ``(1) In general.--The Secretary shall develop a 
     transportation plan for the implementation of each shipping 
     campaign (as that term is defined by the Secretary) from each 
     site at which high-level nuclear waste is stored, consistent 
     with the principles and procedures stated in Department of 
     Energy Order No. 460.2 and the Program Manager's Guide.
       ``(2) Requirements.--A shipping campaign transportation 
     plan shall--
       ``(A) be fully integrated with State and tribal government 
     notification, inspection, and emergency response plans along 
     the preferred shipping route or State-designated alternative 
     route identified under subsection (d) (unless the Secretary 
     certifies in the plan that the State or tribal government has 
     failed to cooperate in fully integrating the shipping 
     campaign transportation plan with the applicable State or 
     tribal government plans); and
       ``(B) be consistent with the principles and procedures 
     developed for the safe transportation of transuranic waste to 
     the Waste Isolation Pilot Plant (unless the Secretary 
     certifies in the plan that a specific principle or procedure 
     is inconsistent with a provision of this Act).
       ``(d) Safe Shipping Routes and Modes.--
       ``(1) In general.--The Secretary shall evaluate the 
     relative safety of the proposed shipping routes and shipping 
     modes from each shipping origin to the interim storage 
     facility or repository compared with the safety of 
     alternative modes and routes.
       ``(2) Considerations.--The evaluation under paragraph (1) 
     shall be conducted in a manner consistent with regulations 
     promulgated by the Secretary of Transportation under 
     authority of chapter 51 of title 49, United States Code, and 
     the Nuclear Regulatory  Commission under authority of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), as 
     applicable.
       ``(3) Designation of preferred shipping route and mode.--
     Following the evaluation under paragraph (1), the Secretary 
     shall designate preferred shipping routes and modes from each 
     civilian nuclear power reactor and Department of Energy 
     facility that stores spent nuclear fuel or other high-level 
     defense waste.
       ``(4) Selection of primary shipping route.--If the 
     Secretary designates more than 1 preferred route under 
     paragraph (3), the Secretary shall select a primary route 
     after considering, at a minimum, historical accident rates, 
     population, significant hazards, shipping time, shipping 
     distance, and mitigating measures such as limits on the speed 
     of shipments.
       ``(5) Use of primary shipping route and mode.--Except in 
     cases of emergency, for all shipments conducted under this 
     Act, the Secretary shall cause the primary shipping route and 
     mode or State-designated alternative route under chapter 51 
     of title 49, United States Code, to be used. If a route is 
     designated as a primary route for any reactor or Department 
     of Energy facility, the Secretary may use that route to 
     transport spent nuclear fuel or high-level radioactive waste 
     from any other reactor or Department of Energy facility.
       ``(6) Training and technical assistance.--Following 
     selection of the primary shipping routes, or State-designated 
     alternative routes, the Secretary shall focus training and 
     technical assistance under section 203(c) on those routes.
       ``(7) preferred rail routes.--
       ``(A) Regulation.--Not later than 1 year after the date of 
     enactment of the Nuclear Waste Policy Act of 1997, the 
     Secretary of Transportation, pursuant to authority under 
     other provisions of law, shall promulgate a regulation 
     establishing procedures for the selection of preferred routes 
     for the transportation of spent nuclear fuel and nuclear 
     waste by rail.
       ``(B) Interim provision.--During the period beginning on 
     the date of enactment of the Nuclear Waste Policy Act of 1997 
     and ending on the date of issuance of a final regulation 
     under subparagraph (A), rail transportation of spent nuclear 
     fuel and high-level radioactive waste shall be conducted in 
     accordance with regulatory requirements in effect on that 
     date and with this section.

     ``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 tribal governments prior to transportation of 
     spent nuclear fuel or high-level radioactive waste under this 
     Act.
       ``(c) Technical Assistance.--
       ``(1) In general.--
       ``(A) States and indian tribes.--As provided in paragraph 
     (3), the Secretary shall provide technical assistance and 
     funds to States and Indian tribes for training of public 
     safety officials of appropriate units of State, local, and 
     tribal governments. A State shall allocate to local 
     governments within the State a portion any funds that the 
     Secretary provides to the State for technical assistance and 
     funding.
       ``(B) Employee organizations.--The Secretary shall provide 
     technical assistance and funds for training directly to 
     nonprofit employee organizations and joint labor-management 
     organizations that 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.
       ``(C) Training.--Training under this section--
       ``(i) shall cover procedures required for safe routine 
     transportation of materials and procedures for dealing with 
     emergency response situations;
       ``(ii) shall be consistent with any training standards 
     established by the Secretary of Transportation under 
     subsection (g); and
       ``(iii) shall include--
       ``(I) a training program applicable to persons responsible 
     for responding to emergency situations occurring during the 
     removal and transportation of spent nuclear fuel and high-
     level radioactive waste;
       ``(II) instruction of public safety officers in procedures 
     for the command and control of the response to any incident 
     involving the waste; and
       ``(III) instruction of radiological protection and 
     emergency medical personnel in procedures for responding to 
     an incident involving spent nuclear fuel or high-level 
     radioactive waste being transported.
       ``(2) No shipments if no training.--(A) There will be no 
     shipments of spent nuclear fuel and high-level radioactive 
     waste through the jurisdiction of any State or the 
     reservation lands of any Indian Tribe eligible for grants 
     under paragraph (3)(B) unless technical assistance and funds 
     to implement procedures for the safe routine transportation 
     and for dealing with emergency response situations under 
     paragraph (1)(A) have been available to a State or Indian 
     Tribe for at least 3 years prior to any shipment: Provided, 
     however, That the Secretary may ship spent nuclear fuel and 
     high-level radioactive waste if technical assistance or funds 
     have not been made available due to (1) an emergency, 
     including the sudden and unforeseen closure of a highway or 
     rail line or the sudden and unforeseen need to remove spent 
     fuel from a reactor because of an accident, or (2) the 
     refusal to accept technical assistance by a State or Indian 
     Tribe, or (3) fraudulent actions which violate Federal law 
     governing the expenditure of Federal funds.

[[Page S2937]]

       ``(B) In the event the Secretary is required to transport 
     spent fuel or high level radioactive waste through a 
     jurisdiction prior to 3 years after the provision of 
     technical assistance or funds to such jurisdiction, the 
     Secretary shall, prior to such shipment, hold meetings in 
     each State and Indian reservation through which the shipping 
     route passes in order to present initial shipment plans and 
     receive comments. Department of Energy personnel trained in 
     emergency response shall escort each shipment. Funds and all 
     Department of Energy training resources shall be 
     made available to States and Indian Tribes along the 
     shipping route no later than three months prior to the 
     commencement of shipments: Provided, however, That in no 
     event shall such shipments exceed 1,000 metric tons per 
     year, And provided further, That no such shipments shall 
     be conducted more than four years after the effective date 
     of the Nuclear Waste Policy Act of 1997.
       ``(3) Grants.--
       ``(A) In general.--To implement this section, grants shall 
     be made under section 401(c)(2).
       ``(B) Grants for development of plans.--
       ``(i) In general.--The Secretary shall make a grant of at 
     least $150,000 to each State through the jurisdiction of 
     which and each federally recognized Indian tribe through the 
     reservation lands of which a shipment of spent nuclear fuel 
     or high-level radioactive waste will be made under this Act 
     for the purpose of developing a plan to prepare for such 
     shipments.
       ``(ii) Limitation.--A grant shall be made under clause (i) 
     only to a State or a federally recognized Indian tribe that 
     has the authority to respond to incidents involving shipments 
     of hazardous material.
       ``(C) Grants for implementation of plans.--
       ``(i) In general.--Annual implementation grants shall be 
     made to States and Indian tribes that have developed a plan 
     to prepare for shipments under this Act under subparagraph 
     (B). The Secretary, in submitting the annual department 
     budget to Congress for funding of implementation grants under 
     this section, shall be guided by the State and tribal plans 
     developed under subparagraph (B). As part of the Department 
     of Energy's annual budget request, the Secretary shall report 
     to Congress on--
       ``(I) the funds requested by States and federally 
     recognized Indian tribes to implement this subsection;
       ``(II) the amount requested by the President for 
     implementation; and
       ``(III) the rationale for any discrepancies between the 
     amounts requested by States and federally recognized Indian 
     tribes and the amounts requested by the President.
       ``(ii) Allocation.--Of funds available for grants under 
     this subparagraph for any fiscal year--
       ``(I) 25 percent shall be allocated by the Secretary to 
     ensure minimum funding and program capability levels in all 
     States and Indian tribes based on plans developed under 
     subparagraph (B); and
       ``(II) 75 percent shall be allocated to States and Indian 
     tribes in proportion to the number of shipment miles that are 
     projected to be made in total shipments under this Act 
     through each jurisdiction.
       ``(4) Availability of funds for shipments.--Funds under 
     paragraph (1) shall be provided for shipments to an interim 
     storage facility or repository, regardless of whether the 
     interim storage facility or repository is operated by a 
     private entity or by the Department of Energy.
       ``(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 1997, 
     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 (in the 
     case of employees of railroad carriers) and 49 U.S.C. 31105 
     (in the case of employees operating commercial motor 
     vehicles), or the Commission (in the case of all other 
     employees).
       ``(g) Training Standard.--(1) No later than 12 months after 
     the date of enactment of the Nuclear Waste Policy Act of 
     1997, 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 the employer possess evidence 
     of satisfaction of the applicable training standard 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 training, 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. VIABILITY ASSESSMENT AND PRESIDENTIAL 
                   DETERMINATION.

       ``(a) Viability Assessment.--No later than December 1, 
     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--
       ``(1) the preliminary design concept for the critical 
     elements of the repository and waste package;
       ``(2) a total system performance assessment, based upon the 
     preliminary design concept in paragraph (1) of this 
     subsection and the scientific data and analysis available on 
     June 30, 1998, describing the probable behavior of the 
     repository relative to the overall system performance 
     standard under section 206(f) of this Act or, if the standard 
     under section 206(f) has not been promulgated, relative to an 
     estimate by the Secretary of an overall system performance 
     standard that is consistent with section 206(f);
       ``(3) a plan and cost estimate for the remaining work 
     required to complete the license application under section 
     206(c) of this Act, and
       ``(4) an estimate of the costs to construct and operate the 
     repository in accordance with the preliminary design concept 
     in paragraph (1) of this subsection.
       ``(b) Presidential Determination.--No later than March 1, 
     1999, the President, in his sole and unreviewable discretion, 
     may make a determination disqualifying the Yucca Mountain 
     site as a repository, based on the President's views that the 
     preponderance of information available at such time indicates 
     that the Yucca Mountain site is not suitable for development 
     of a repository of useful size. If the President makes a 
     determination under this subsection,
       ``(1) the Secretary shall cease all activities (except 
     necessary termination activities) at the Yucca Mountain site 
     and section 206 of this Act shall cease to be in effect; and
       ``(2) no later than 6 months after such determination, the 
     Secretary shall report to Congress on the need for additional 
     legislation relating to the permanent disposal of nuclear 
     waste.
       ``(c) Preliminary Secretarial Designation of Interim 
     Storage Facility Sites.--
       ``(1) If the President does not make a determination under 
     subsection (b) of this section, no later than March 31, 1999, 
     the Secretary shall make a preliminary designation of a 
     specific site within Area 25 of the Nevada Test Site for 
     planning and construction of an interim storage facility 
     under section 205.
       ``(2) Within 18 months of a determination by the President 
     that the Yucca Mountain site is unsuitable for development as 
     a repository under subsection (b), the President shall 
     designate a site for the construction of an interim storage 
     facility. The President shall not designate the Hanford 
     Nuclear Reservation in the State of Washington as a site for 
     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 interim storage facility site as defined in 
     section 2(19) of this Act is designated as the interim 
     storage facility site for purposes of section 205. The 
     interim storage facility site shall be deemed to be approved 
     by law for purposes of this paragraph.

     ``SEC. 205. INTERIM STORAGE FACILITY.

       ``(a) Non-Site-Specific Activities.--As soon as practicable 
     after the date of enactment of the Nuclear Waste Policy Act 
     of

[[Page S2938]]

     1997, the Secretary shall submit to the Commission a topical 
     safety analysis report containing a generic design for an 
     interim storage facility. If the Secretary has submitted such 
     a report prior to such date of enactment, the report shall be 
     deemed to have satisfied the requirement in the preceding 
     sentence. No later than December 31, 1998, the Commission 
     shall issue a safety evaluation report approving or 
     disapproving the generic design submitted by the Secretary.
       ``(b) Site-Specific 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 designated under 
     section 204 and licensed by the Commission under this 
     section. The Commission shall license the interim storage 
     facility in accordance with the Commission's regulations 
     governing the licensing of independent storage of spent 
     nuclear fuel and high-level radioactive waste (10 CFR part 
     72). Such regulations shall be amended by the Commission as 
     necessary to implement the provisions of this Act. The 
     Commission may amend 10 CFR part 72 with regard to facilities 
     not covered by this Act as deemed appropriate by the 
     Commission.
       ``(c) Limitations and Conditions.--
       ``(1) The Secretary shall not commence construction of an 
     interim storage facility (which shall mean taking actions 
     within the meaning of the term ``commencement of 
     construction'' contained in the Commission's regulations in 
     section 72.3 of title 10, Code of Federal Regulations) before 
     the Commission, or an appropriate officer or Board of the 
     Commission, makes the finding under section 72.40(b) of title 
     10, Code of Federal Regulations.
       ``(2) After the Secretary makes the preliminary designation 
     of an interim storage site under section 204, the Secretary 
     may commence site data acquisition activities and design 
     activities necessary to complete license application and 
     environmental report under subsection (d) of this section.
       ``(3) Notwithstanding any other applicable licensing 
     requirement, the Secretary may utilize facilities owned by 
     the Federal government on the date of enactment of the 
     Nuclear Waste Policy Act of 1997 and located within the 
     boundaries of the interim storage site, in connection with 
     addressing any imminent and substantial endangerment to 
     public health and safety at the interim storage facility 
     site, prior to receiving a license from the Commission for 
     the interim storage facility, for purposes of fulfilling 
     requirements for retrievability during the first five years 
     of operation of the interim storage facility.
       ``(d) License Application.--No later than 30 days after the 
     date on which the Secretary makes a preliminary designation 
     of an interim storage facility site under section 204, the 
     Secretary shall submit a license application and an 
     environmental report in accordance with applicable 
     regulations (subpart B of part 72 of title 10, Code of 
     Federal Regulations, and subpart A of part 51 of title 10, 
     Code of Federal Regulations, respectively). The license 
     application--
       ``(1) shall be for a term of 40 years; and
       (2) shall be for a quantity of spent nuclear fuel or high-
     level radioactive waste equal to the quantity that would be 
     emplaced under section 507 prior to the date that the 
     Secretary estimates, in the license application, to be the 
     date on which the Secretary will receive and store spent 
     nuclear fuel and high-level radioactive waste at the 
     permanent repository.
       ``(e) Design.--
       ``(1) The design for the interim storage facility shall 
     provide for the use of storage technologies which are 
     licensed, approved, or certified by the Commission, 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.
       ``(f) License Amendments.--
       ``(1) The Secretary may seek such amendments to the license 
     for the interim storage facility as the Secretary may deem 
     appropriate, including amendments to use new storage 
     technologies licensed by the Commission or to respond to 
     changes in Commission regulations.
       ``(2) After receiving a license from the Commission to 
     receive and store spent nuclear fuel and high-level 
     radioactive waste in the permanent repository, the Secretary 
     shall seek such amendments to the license for the interim 
     storage facility as will permit the optimal use of such 
     facility as an integral part of a single system with the 
     repository.
       ``(g) Commission Actions.--
       ``(1) The issuance of a license to construct and operate an 
     interim storage facility 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.). Prior to issuing a 
     license under this section, the Commission shall prepare a 
     final environmental impact statement in accordance with the 
     National Environmental Policy Act of 1969, the Commission's 
     regulations, and section 207 of this Act. The Commission 
     shall ensure that this environmental impact statement is 
     consistent with the scope of the licensing action and shall 
     analyze the impacts of transportation of spent nuclear fuel 
     and high-level radioactive waste to the interim storage 
     facility in a generic manner.
       ``(2) The Commission shall issue a final decision granting 
     or denying a license for an interim storage facility not 
     later than 32 months after the date of submittal of the 
     application for such license.
       ``(3) No later than 32 months following the date of 
     enactment of the Nuclear Waste Policy Act of 1997, the 
     Commission shall make any amendments necessary to the 
     definition of `spent nuclear fuel' in section 72.4 of title 
     10, Code of Federal Regulations, to allow an interim storage 
     facility to accept (subject to such conditions as the 
     Commission may require in a subsequent license)--
       ``(A) spent nuclear fuel from research reactors;
       ``(B) spent nuclear fuel from naval reactors;
       ``(C) high-level radioactive waste of domestic origin from 
     civilian nuclear reactors that have permanently ceased 
     operation before such date of enactment; and
       ``(D) spent nuclear fuel and high-level radioactive waste 
     from atomic energy defense activities.

     Following any such amendments, the Secretary shall seek 
     authority, as necessary, to store such fuel and waste at the 
     interim storage facility. None of the activities carried out 
     pursuant to this paragraph shall delay, or otherwise affect, 
     the development, licensing, construction, or operation of the 
     interim storage facility.

     ``SEC. 206. PERMANENT REPOSITORY.

       ``(a) Repository Characterization.--
       ``(1) Characterization of the yucca mountain site.--The 
     Secretary shall carry out site characterization activities at 
     the Yucca Mountain site in accordance with the Secretary's 
     program approach to site characterization. Such activities 
     shall be limited to only those activities which the Secretary 
     considers necessary to provide the data required for 
     evaluation of the suitability of such site for an application 
     to be submitted to the Commission for a construction 
     authorization for a repository at such site, and for 
     compliance with the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
       ``(2) Guidelines.--The Secretary shall amend the guidelines 
     in part 960 of title 10, Code of Federal Regulations, to base 
     any conclusions regarding whether a repository site is 
     suitable on, to the extent practicable, an assessment of 
     total system performance of the repository.
       ``(b) Environmental Impact Statement.--
       ``(1) Preparation of environmental impact 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 prepare an environmental impact statement 
     on the construction and operation of the repository and shall 
     submit such statement to the Commission with the license 
     application. The Secretary shall supplement such 
     environmental impact statement as appropriate.
       ``(2) Schedule.--
       ``(A) No later than September 30, 2000, the Secretary shall 
     publish the final environmental impact statement under 
     paragraph (1) of this subsection.
       ``(B) No later than October 31, 2000, the Secretary shall 
     publish a record of decision on applying for a license to 
     construct and operate a repository at the Yucca Mountain 
     site.
       ``(c) License Application.--
       ``(1) Schedule.--No later than October 31, 2001, the 
     Secretary shall apply to the Commission for authorization to 
     construct a repository at the Yucca Mountain site.
       ``(2) 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.
       ``(3) Decision not to apply for a license for the yucca 
     mountain site.--If, at any time prior to October 31, 2001, 
     the Secretary determines that the Yucca Mountain site is not 
     suitable or cannot satisfy the Commission's regulations 
     applicable to the licensing of a geological repository, the 
     Secretary shall--
       ``(A) notify the Congress and the State of Nevada of the 
     Secretary's determinations and the reasons therefor; and
       ``(B) promptly take the actions described in paragraphs (1) 
     and (2) of section 204(b).
       ``(d) Repository Licensing.--The Commission shall license 
     the repository according to the following procedures:
       ``(1) Construction authorization.--The Commission shall 
     grant the Secretary a construction authorization for the 
     repository, subject to such requirements or limitations as 
     the Commission may incorporate pursuant to its regulations, 
     upon determining that there is reasonable assurance that 
     spent nuclear fuel and high-level radioactive waste can be 
     disposed of in the repository--

[[Page S2939]]

       ``(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 the filing by the Secretary of 
     any additional information needed by the Commission to issue 
     a license to receive and possess source, special nuclear, or 
     byproduct material at a geologic repository operations area 
     the Commission shall issue a license to dispose of spent 
     nuclear fuel and high-level radioactive waste in the 
     repository, subject to such requirements or limitations as 
     the Commission may incorporate pursuant to its regulations, 
     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, subject to such requirements or limitations as 
     the Commission may incorporate pursuant to its 
     regulations, upon finding that there is reasonable 
     assurance that the repository can be permanently closed--
       ``(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.
       ``(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 risk of the repository beyond the 
     standard established in subsection (f)(1).
       ``(5) Application of health and safety standards.--The 
     licensing determination of the Commission with respect to 
     risk to the health and safety of the public under paragraphs 
     (1), (2), or (3) of this subsection shall be based solely on 
     a finding whether the repository can be operated in 
     conformance with the overall performance standard in 
     subsection (f)(1) of this section, applied in accordance with 
     the provisions of subsection (f)(2) of this section and the 
     standards established by the Administrator under section 801 
     of the Energy Policy Act of 1992 (42 U.S.C. 10141 note).
       ``(e) Modification of the Commission's Repository Licensing 
     Regulations.--The Commission shall amend its regulations 
     governing the disposal of spent nuclear fuel and high-level 
     radioactive waste (10 CFR part 60), as necessary, to be 
     consistent with the provisions of this Act. The Commission's 
     regulations shall provide for the modification of the 
     repository licensing procedure in subsection (d) of this 
     section, 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.
       ``(f) Repository Licensing Standards and Additional 
     Procedures.--In complying with the requirements of section 
     801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note), 
     the Administrator shall achieve consistency with the findings 
     and recommendations of the National Academy of Sciences, and 
     the Commission shall amend its regulations with respect to 
     licensing standards for the repository, as follows:
       ``(1) Establishment of overall system performance 
     standard.--
       ``(A) Risk standard.--The standard for protection of the 
     public from releases of radioactive material or radioactivity 
     from the repository shall limit the lifetime risk, to the 
     average member of the critical group, of premature death from 
     cancer due to such releases to approximately, but not greater 
     than, 1 in 1000. The comparison to this standard shall use 
     the upper bound of the 95-percent confidence interval for the 
     expected value of lifetime risk to the average member of the 
     critical group.
       ``(B) Form of standard.--The standard promulgated by the 
     Administrator under section 801 of the Energy Policy Act of 
     1992 (42 U.S.C. 10141 note) shall be an overall system 
     performance standard. The Administrator shall not promulgate 
     a standard for the repository in the form of release limits 
     or contaminant levels for individual radionuclides discharged 
     from the repository.
       ``(C) Assumptions used in formulating and applying the 
     standard.--In promulgating the standard under section 801 of 
     the Energy Policy Act of 1992 (42 U.S.C. 10141 note), the 
     Administrator shall consult with the Secretary of Energy and 
     the Commission. The Commission, after consultation with the 
     Secretary, shall specify, by rule, values for all of the 
     assumptions considered necessary by the Commission to apply 
     the standard in a licensing proceeding for the repository 
     before the Commission, including the reference biosphere and 
     size and characteristics of the critical group.
       ``(D) Detention.--As used in this subsection, the term 
     `critical group' means a small group of people that is--
       ``(i) representative of individuals expected to be at 
     highest risk of premature death from cancer as a result of 
     discharges of radionuclides from the permanent repository;
       ``(ii) relatively homogeneous with respect to expected 
     radiation dose, which shall mean that there shall be no more 
     than a factor of ten in variation in individual dose among 
     members of the group; and
       ``(iii) selected using reasonable assumptions--concerning 
     lifestyle, occupation, diet, and eating and drinking habits, 
     technological sophistication, or other relevant social and 
     behavioral factors--that are based on reasonably available 
     information, when the group is defined, on current 
     inhabitants and conditions in the area of 50-mile radius 
     surrounding Yucca Mountain contained within a line drawn 50 
     miles beyond each of the boundaries of the Yucca Mountain 
     site.''
       ``(2) Application of overall system performance standard.--
     The Commission shall issue the construction authorization, 
     license, or license amendment, as applicable, if it finds 
     reasonable assurance that for the first 10,000 years 
     following the closure of the repository, 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 establishing the overall 
     system performance standard in paragraph (1) and making the 
     finding in paragraph (2),--
       ``(A) the Administrator and the Commission shall not 
     consider climate regimes that are substantially different 
     from those that have occurred during the previous 100,000 
     years at the Yucca Mountain site;
       ``(B) the Administrator and the Commission shall not 
     consider catastrophic events where the health consequences of 
     individual events themselves to the critical group can be 
     reasonably assumed to exceed the health consequences due to 
     impact of the events on repository performance; and
       ``(C) the Administrator and the Commission shall not base 
     the standard in paragraph (1) or the finding in paragraph (2) 
     on scenarios involving human intrusion into the repository 
     following repository closure.
       ``(4) Congressional review.--
       ``(A) Any standard promulgated by the Administrator under 
     section 801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 
     note) shall be deemed a major rule within the meaning of 
     section 804(2) of title 5, United States Code, and shall be 
     subject to the requirements and procedures pertaining to a 
     major rule in chapter 8 of such title.
       ``(B) The effective date of the construction authorization 
     for the repository shall be 90 days after the issuance of 
     such authorization by the Commission, unless Congress is 
     standing in adjournment for a period of more than one week on 
     the date of issuance, in which case the effective date shall 
     be 90 days after the date on which Congress is expected to 
     reconvene after such adjournment.
       ``(5) Report to Congress.--At the time that the Commission 
     issues a construction authorization for the repository, the 
     Commission shall submit a report to Congress--
       ``(A) analyzing the overall system performance of the 
     repository through the use of probabilistic evaluations that 
     use best estimate assumptions, data, and methods for the 
     period commencing after the first 10,000 years after 
     repository closure and including the time after repository 
     closure of maximum risk to the critical group of premature 
     death from cancer due to repository releases.
       ``(B) analyzing the consequences of a single instance of 
     human intrusion into the repository, during the first 1,000 
     years after repository closure, on the ability of the 
     repository to perform its intended function.''
       ``(g) Additional Actions by the Commission.--The Commission 
     shall take final action on the Secretary's application for 
     construction authorization for the repository no later than 
     40 months after submission of the application.

     ``SEC. 207. COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY 
                   ACT.

       ``(a) Preliminary Activities.--Each activity of the 
     Secretary under section 203, 204, section 205(a), section 
     205(c), section 205(d), and section 206(a) shall be 
     considered a preliminary decision making activity. No such 
     activity shall be considered final agency action for purposes 
     of judicial review. No activity of the Secretary or the 
     President under sections 203, 204, 205, or 206(a) shall 
     require the preparation of 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 section 102(2) of 
     such Act (42 U.S.C. 4332(2)(E) or (F)).
       ``(b) Standards and Criteria.--The promulgation of 
     standards or criteria in accordance with the provisions of 
     this title, or under section 801 of the Energy Policy Act of 
     1992 (42 U.S.C. 10141 note), shall not require the 
     preparation of an environmental impact statement under 
     section 102(2)(C) of the National Environmental Policy Act of 
     1969 (42

[[Page S2940]]

     U.S.C. 4332(2)(C)) or any environmental review under 
     subparagraph (E) or (F) of section 102(2) of such Act (42 
     U.S.C. 4332(2)(E) or (F)).
       ``(c) Requirements Relating to Environmental Impact 
     Statements.--
       ``(1) With respect to the requirements imposed by the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.),--
       ``(A) in any final environmental impact statement under 
     sections 205 or 206, the Secretary or the Commission, as 
     applicable, shall not be required to consider the need for a 
     repository or any interim storage facility; the time of 
     initial availability of a repository of interim storage 
     facility; the alternatives to geological disposal or 
     centralized interim storage; or alternative sites to the 
     Yucca Mountain site or the interim storage facility site 
     designated under section 204(c)(1); and
       ``(B) compliance with the procedures and requirements of 
     this title shall be deemed adequate consideration of the need 
     for centralized interim storage or a repository; the time of 
     initial availability of centralized interim storage or the 
     repository or centralized interim storage, and all 
     alternatives to centralized interim storage and permanent 
     isolation of high-level radioactive waste and spent nuclear 
     fuel in an interim storage facility or a repository, 
     respectively.
       ``(2) The final environmental impact statement for the 
     repository prepared by the Secretary and submitted with the 
     license application for a repository under section 206(c) 
     shall, to the extend practicable, be adopted by the 
     Commission in connection with the issuance by the Commission 
     of a construction authorization and license for such 
     repository. To the extent such statement is adopted by the 
     Commission, such adoption shall be deemed to 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 (42 U.S.C. 2011 et seq.).
       ``(c) Construction With Other Laws.--Nothing in this Act 
     shall be construed to amend or otherwise detract from the 
     licensing requirements of the Nuclear Regulatory Commission 
     established in title II of the Energy Reorganization Act of 
     1974 (42 U.S.C. 5841 et seq.).
       ``(d) Judicial Review.--Judicial review under section 502 
     of this Act of any environmental impact statement prepared or 
     adopted by the Commission shall be consolidated with the 
     judicial review of the licensing decision to which it 
     relates.

     ``SEC. 208. 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.--Concurrent with the Secretary's 
     designation of an interim storage facility site under section 
     204(c)(1), 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 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 their 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) Arguments.--Neither the United States or any other 
     entity may assert any argument based on legal or equitable 
     estoppel, or acquiescence, or wavier, 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

[[Page S2941]]

     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 the effective date of the construction 
     authorization issued by the Commission for the repository 
     under section 206(g), 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 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 the 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 contracts shall 
     provide for payment of fees to the Secretary in the amounts 
     set under paragraphs (2), (3), and (4), sufficient to offset 
     expenditures described in subsection (c)(2). Subsequent to 
     the enactment of the Nuclear Waste Policy Act of 1997, 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) Nuclear waste offsetting collection.--
       ``(A) For electricity generated by civilian nuclear power 
     reactors and sold during an offsetting collection period, the 
     Secretary shall collect an aggregate amount of fees under 
     this paragraph equal to the annual level of appropriations 
     for expenditures on those activities consistent with 
     subsection (d) for each fiscal year in the offsetting 
     collection period, minus--
       ``(i) any unobligated balance collected pursuant to this 
     paragraph during the previous fiscal year; and
       ``(ii) the percentage of such appropriation required to be 
     funded by the Federal Government pursuant to section 403.
       ``(B) 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.
       ``(C) For purposes of this paragraph, the term `offsetting 
     collection period' means--
       ``(i) the period beginning on October 1, 1999 and ending on 
     September 30, 2003; and
       ``(ii) the period on and after October 1, 2006.
       ``(3) Nuclear waste mandatory fee.--
       ``(A) Except as provided in subparagraph (C) of this 
     paragraph, for electricity generated by civilian nuclear 
     power reactors and sold on or after January 7, 1983, the fee 
     paid to the Secretary under this paragraph shall be equal 
     to--
       ``(i) 1.0 mill per kilowatt-hour generated and sold, minus
       ``(ii) the amount per kilowatt-hour generated and sold paid 
     under paragraph (2);

     ``Provided, that if the amount under clause (ii) is greater 
     than the amount under clause (i) the fee under this paragraph 
     shall be equal to zero.
       ``(B) No later than 30 days after the beginning of each 
     fiscal year, the Secretary shall determine whether 
     insufficient or excess revenues are being collected under 
     this subsection, in order to recover the costs incurred by 
     the Federal government that are specified in subsection 
     (c)(2). In making this determination the Secretary shall--
       ``(i) rely on the `Analysis of the Total System Life Cycle 
     Cost of the Civilian Radioactive Waste Management Program,'' 
     dated September 1995, or on a total system life-cycle cost 
     analysis published by the Secretary (after notice and 
     opportunity for public comments) after the date of enactment 
     of the Nuclear Waste Policy of 1997, in making any estimate 
     of the costs to be incurred by the government under 
     subsection (c)(2);
       ``(ii) rely on projections from the Energy Information 
     Administration, consistent with the projection contained in 
     the reference case in the most recent `Annual Energy Outlook' 
     published by such administration in making any estimate of 
     future nuclear power generation; and
       ``(iii) take into account projected balance in, and 
     expenditures from, the Nuclear Waste Fund.
       ``(C) If the Secretary determines under subparagraph (B) 
     that either insufficient or excess revenue are being 
     collected, the Secretary shall, at the time of the 
     determination, transmit to Congress a proposal to adjust the 
     amount in subparagraph (A)(i) to ensure full cost recovery. 
     The amount in subparagraph (A)(i) shall be adjusted, by 
     operation of law, immediately upon enactment of a joint 
     resolution of approval under paragraph (5) of 
     this subsection.
       ``(D) The Secretary shall, by rule, establish procedures 
     necessary to implement this paragraph.
       ``(4) 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 1997 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 1997 pursuant to 
     the contracts, including any interest due pursuant to the 
     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 fees assessed under this subsection, on or 
     before the date on which such fees are due, and the license 
     shall remain suspended until the full amount of the fees 
     assessed under this subsection 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) Expenditures if shortfall.--If, during any fiscal 
     year on or after October 1, 1997, the aggregate amount of 
     fees assessed under this subsection is less than the annual 
     level of appropriations for expenditures on those activities 
     specified in subsection (d) for that fiscal year, minus--
       ``(A) any unobligated balance collected pursuant to this 
     section during the previous fiscal year; and
       ``(B) 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 equal to the difference between the 
     amount appropriated and the amount of fees assessed under 
     this subsection.
       ``(5) Expedited procedures for approval of changes to the 
     nuclear waste mandatory fee.--
       ``(A) At any time after the Secretary transmits a proposal 
     for a fee adjustment under paragraph (3)(C) of this 
     subsection, a joint resolution may be introduced in either 
     House of Congress, the matter after the resolving clause of 
     which is as follows: `That Congress approves the adjustment 
     to the basis for the nuclear waste mandatory fee, submitted 
     by the Secretary on XX.' (The blank space being appropriately 
     filled in with a date).
       ``(B) A joint resolution described in subparagraph (A) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction.
       ``(C) In the Senate, if the committee to which is referred 
     a joint resolution described in subparagraph (A) has not 
     reported such joint resolution (or an identical joint 
     resolution) at the end of 20 calendar days after the date on 
     which it is introduced, such committee may be discharged from 
     further consideration of such joint resolution upon a 
     petition supported in writing by 30 Members of the Senate, 
     and such joint resolution shall be placed on the calendar.
       ``(D) In the Senate, the procedure under section 802(d) of 
     title 5, United States Code,

[[Page S2942]]

     shall apply to a joint resolution described under 
     subparagraph (A).
       ``(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 1997; 
     and
       ``(B) all receipts, proceeds, and recoveries realized under 
     subsections (a)(3), (a)(4), and (c)(3) subsequent to the date 
     of enactment of the Nuclear Waste Policy Act of 1997, which 
     shall be deposited in the Nuclear Waste Fund immediately upon 
     their realization.
       ``(2) Purposes of the nuclear waste fund and the nuclear 
     waste offsetting collection--Subject to subsections (d) and 
     (e) of this section, the Secretary may make expenditures from 
     the Nuclear Waste Fund or the Nuclear Waste Offsetting 
     Collection in section 401(a)(2) only for--
       ``(A) identification, development, design, licensing, 
     construction, acquisition, operation, modification, 
     replacement, decommissioning, and post-decommissioning 
     maintenance and monitoring of the integrated management 
     system or parts thereof;
       ``(B) the administrative cost of the integrated management 
     system, including the Office of Civilian Radioactive Waste 
     Management under section 402, the Nuclear Waste Technical 
     Review Board under section 602, and those offices under the 
     Commission involved in regulation of the integrated 
     management system or parts thereof; and
       ``(C) the provision of assistance and benefits to States, 
     units of general local government, nonprofit organizations, 
     joint labor-management organizations, and Indian tribes under 
     title II of this Act.''.
       ``(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;
       ``(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, and
       ``(ii) interest earned on these obligations shall be 
     credited to the Nuclear Waste Fund.
       ``(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 and the Nuclear Waste Offsetting 
     Collection, 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 1997, 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 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.

       ``(a) Conflicting Requirements.--Except as provided in 
     subsection (b) of this section, a requirement of a State, 
     political subdivision of a State, or Indian tribe is 
     preempted if--
       ``(1) complying with a requirement of the State, political 
     subdivision, or tribe and a requirement of this Act or a 
     regulation prescribed under this Act is not possible; or
       ``(2) the requirement of the State, political subdivision, 
     or tribe, as applied or enforced, is an obstacle to 
     accomplishing and carrying out this Act or a regulation 
     prescribed under this Act.
       ``(b) Subjects Expressly Preempted.--Except as otherwise 
     provided in this Act, a law, regulation, order, or other 
     requirement of a State, political subdivision of a State, or 
     Indian tribe about any of the following subjects, that is not 
     substantively the same as a provision of this Act or a 
     regulation prescribed under this Act, is preempted:
       ``(1) The designation, description, and classification of 
     spent fuel or high-level radioactive waste.
       ``(2) The packing, repacking, handling, labeling, 
     marketing, and placarding of spent nuclear fuel or high-level 
     radioactive waste.
       ``(3) The siting, design, or licensing of--
       ``(A) an interim storage facility;
       ``(B) a repository;
       ``(C) the capability to conduct intermodal transfer of 
     spent nuclear fuel under section 201.
       ``(4) The withdrawal or transfer of the interim storage 
     facility site, the intermodal transfer site, or the 
     repository site to the Secretary of Energy.
       ``(5) The design, manufacturing, fabrication, marking, 
     maintenance, reconditioning, repairing, or testing of 
     packaging or a container represented, marked, certified, or 
     sold

[[Page S2943]]

     as qualified for use in transporting or storing spent nuclear 
     fuel or high-level radioactive waste.

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

       ``(a) Jurisdiction of the United States Courts of 
     Appeals.--
       ``(1) Original and Executive 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 arguments, 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 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

[[Page S2944]]

     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) Subject to the conditions contained in the license 
     for the interim storage facility, the Secretary's spent fuel 
     and high-level radioactive waste emplacement rate shall be no 
     less than the following: 1,200 MTU in fiscal year 2003 and 
     1,200 MTU in fiscal year 2004; 2,000 MTU in fiscal year 2005 
     and 2000 MTU in fiscal year 2006; 2,700 MTU in fiscal year 
     2007; and 3,000 MTU annually thereafter.
       ``(3) Subject to the conditions contained in the license 
     for the interim storage facility, of the amounts provided for 
     in paragraph (2) for each year, not less than one-sixth shall 
     be--
       ``(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 1997.
       ``(B) spent nuclear fuel from foreign research reactors, as 
     necessary to promote nonproliferation activities; and
       ``(C) spent nuclear fuel, including spent nuclear fuel from 
     naval reactors, and high-level radioactive waste from 
     research or atomic energy defense activities; Provided, 
     however, that the Secretary shall accept not less than five 
     percent of the total quantity of fuel and high-level 
     radioactive waste accepted in any year from the categories of 
     radioactive materials described in subparagraphs (B) and (C).
       ``(b) If the Secretary is unable to begin emplacement by 
     June 30, 2003 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 2003, 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 
     2003.

     ``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 1997, 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.

     ``SEC. 511. DRY STORAGE TECHNOLOGY.

       ``The Commission is authorized to establish, by rule, 
     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 of the 
     Nuclear Waste Policy Act of 1997.

            ``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 1997, shall continue in effect subsequent 
     to the date of enactment of the Nuclear Waste Policy Act of 
     1997.
       ``(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 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 filled 
     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 evaluate the technical and scientific 
     validity of activities undertaken by the Secretary after 
     December 22, 1987, including--
       ``(1) site characterization activities; and
       ``(2) activities relating to the packaging or 
     transportation of high-level radioactive waste or spent 
     nuclear fuel.

     ``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.
       ``(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 as may be necessary to 
     respond to any inquiry of the Board under this title.
       ``(2) Availability of drafts.--Subject to existing law, 
     information obtainable under

[[Page S2945]]

     paragraph (1) shall not be limited to final work products of 
     the Secretary, but shall include drafts of such 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.

       ``(a) General Services.--To the extent permitted by law 
     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.

       ``Notwithstanding section 401(d), and subject to section 
     401(e), there are authorized to be appropriated for 
     expenditures from amounts in the Nuclear Waste Fund under 
     section 401(c) 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 1997.
       ``(3) 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.
       ``(4) 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 in accordance with the emplacement 
     schedule under section 507;
       ``(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 
     the five fiscal years beginning after the fiscal year in 
     which the date of enactment of the Nuclear Waste Policy Act 
     of 1997 occurs.
       ``(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 fiscal years.

                      ``TITLE VIII--MISCELLANEOUS

     ``SEC. 801. SENSE OF THE SENATE.

       It is the sense of the Senate that the Secretary and the 
     petitioners in Northern States Power (Minnesota), v. 
     Department of Energy, pending before the United States Court 
     of Appeals for the District of Columbia Circuit (No. 97-
     1064), should enter into a settlement agreement to resolve 
     the issues pending before the court in that case prior to the 
     date of enactment of the Nuclear Waste Policy Act of 1997.

     ``SEC. 802. EFFECTIVE DATE.

       Except as otherwise provided in this Act, this Act shall 
     become effective one day after enactment.''.

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