[Congressional Record Volume 143, Number 44 (Tuesday, April 15, 1997)]
[Senate]
[Pages S3135-S3153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NUCLEAR WASTE POLICY ACT AMENDMENTS

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
resume consideration of S. 104 which the clerk will report.
  The bill clerk read as follows:

       A bill (S. 104) to amend the Nuclear Waste Policy Act of 
     1982.

  The Senate resumed consideration of the bill.

  Pending:

       Murkowski amendment No. 26, in the nature of a substitute.
       Lott (for Domenici) amendment No. 42 (to amendment No. 26) 
     to provide that no points of order, which require 60 votes in 
     order to adopt a motion to waive such point of order, shall 
     be considered to be waived during the consideration of a 
     joint resolution under section 401 of this act.
       Lott (for Murkowski) amendment No. 43 (to amendment No. 42) 
     to establish the level of annual fee for each civilian 
     nuclear power reactor.
       Bingaman amendment No. 31 (to amendment No. 26) to provide 
     for the case in which the Yucca Mountain site proves to be 
     unsuitable or cannot be licensed and to strike the automatic 
     default to a site in Nevada.

  Mr. BRYAN addressed the Chair.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. BRYAN. Mr. President, I ask unanimous consent that privileges of 
the floor be extended to a staff member of mine, Brent Heberlee, 
throughout consideration of S. 104 and amendments thereto.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                            Amendment No. 31

  The PRESIDING OFFICER. There will now be 3 minutes debate prior to 
the vote on the Bingaman amendment No. 31.
  Mr. MURKOWSKI. Mr. President, let me very briefly address the 
Bingaman amendment which I feel introduces some serious loopholes in S. 
104's ironclad process toward a safe, central interim storage facility.
  The loopholes will be used, as they have in the past, to keep the 
nuclear waste where it is at 80 sites in 41 States, near schools and 
residential neighborhoods--right where it is today.
  The history of the nuclear waste issue has taught us some simple 
lessons we must heed: Any decision regarding nuclear waste that can be 
delayed will be delayed; any decision that can be ignored will be 
ignored. That is why we have spent $6 billion over 15 years, and the 
Federal Government is still unable to meet its legal and moral 
obligation to take the waste in 1998.
  I implore my colleagues: Let us not be fooled again. S. 104 is 
designed to make sure there are no trap doors. The chart that I 
explained to my colleagues yesterday attempts to make a decision, force 
a decision now, not leave us with a way out or a copout.

  I suggest to you that the Bingaman amendment as it is structured 
opens a loophole. It opens the process to political pressure. It 
invites indecision. It

[[Page S3136]]

continues the legacy of failure that the Department of Energy's nuclear 
waste program is noted for.
  It would be my intention, Mr. President, to move to table the 
Bingaman amendment.
  Mr. BINGAMAN addressed the Chair.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, first, I ask unanimous consent that Anne 
Marie Murphy, who is a Congressional Fellow on Senator Durbin's staff, 
be granted privileges of the floor today, April 15.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BINGAMAN. Mr. President, the amendment I have offered goes to the 
heart of a flaw in S. 104. Without the amendment that I am offering, S. 
104 will send nuclear waste to the site right next to Yucca Mountain 
even if Yucca Mountain fails as the geologic repository. We will then 
have a permanent aboveground repository rather than a geologic 
repository and will be able to shuffle off the responsibility for 
dealing with nuclear waste to our children and grandchildren.
  There is an attempt in the bill to disguise this unfair policy with a 
provision that allows the President to send waste somewhere else if we 
pass a law to that effect within 24 months. But we are not going to 
pass a new nuclear waste law in 24 months especially if the reward for 
not doing so is to keep sending all the waste to Nevada where we can 
forget about it.
  My amendment stops construction and operation of an interim storage 
site in Nevada if Yucca Mountain fails as a candidate repository at any 
time before it opens. If Yucca Mountain is not suitable as a 
repository, then it is not the right place for interim storage. We must 
have certainty that our ultimate solution for nuclear waste is based on 
having a geologic repository and that any action on an interim storage 
facility rises or falls with the fate of a permanent facility.
  I urge my colleagues to support the amendment.
  The PRESIDING OFFICER. The time of the Senator has expired.
  The question is on agreeing to the amendment.
  Mr. MURKOWSKI addressed the Chair.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. MURKOWSKI. I move to table the Bingaman amendment and ask for the 
yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The question is on agreeing to the motion to 
table the amendment. The yeas and nays have been ordered. The clerk 
will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. NICKLES. I announce that the Senator from Indiana [Mr. Coats] is 
necessarily absent.
  Mr. FORD. I announce that the Senator from West Virginia [Mr. 
Rockefeller] is necessarily absent.
  The result was announced--yeas, 59, nays, 39, as follows:

                      [Rollcall Vote No. 40 Leg.]

                                YEAS--59

     Abraham
     Allard
     Ashcroft
     Bennett
     Bond
     Brownback
     Burns
     Cochran
     Collins
     Coverdell
     Craig
     D'Amato
     DeWine
     Domenici
     Enzi
     Faircloth
     Frist
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Johnson
     Kempthorne
     Kohl
     Kyl
     Leahy
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Moseley-Braun
     Murkowski
     Murray
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Warner

                                NAYS--39

     Akaka
     Baucus
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Bumpers
     Byrd
     Campbell
     Chafee
     Cleland
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Ford
     Glenn
     Harkin
     Inouye
     Kennedy
     Kerrey
     Kerry
     Landrieu
     Lautenberg
     Levin
     Lieberman
     Mikulski
     Moynihan
     Reed
     Reid
     Robb
     Sarbanes
     Torricelli
     Wellstone
     Wyden

                             NOT VOTING--2

     Coats
     Rockefeller
      
  The motion to lay on the table the amendment (No. 31) was agreed to.
  Mr. MURKOWSKI. The Senate is not in order, Mr. President.
  The PRESIDING OFFICER. The Senate will be in order. There will now be 
3 minutes for debate prior to the vote----
  Mr. MURKOWSKI. Mr. President, I did not hear the vote count, and I 
wonder if my other colleagues did. I wonder if the President will 
repeat it.
  The PRESIDING OFFICER. On the motion to table, Senators voting in the 
affirmative 59, voting in the negative 39. The motion to table is 
agreed to.
  Mr. MURKOWSKI. Mr. President, I move to reconsider the vote by which 
the motion was agreed to.
  Mr. CRAIG. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                            Amendment No. 43

  The PRESIDING OFFICER. There will now be 3 minutes of debate prior to 
the vote on the Murkowski amendment No. 43.
  The Senator from Alaska is recognized.
  Mr. MURKOWSKI. I thank the Chair.
  Mr. President, the purpose of this amendment is to protect the 
taxpayer by making it clear that nuclear waste user fees cannot exceed 
1 mill per kilowatt hour without specified congressional authorization. 
The spent fuel disposal program is paid for with a fee that is 
currently set to 1 mill per kilowatt hour. My amendment simply protects 
the ratepayer by making it clear that the user fee cannot exceed 1 mill 
without congressional authorization. DOE's own budget projections show 
that a 1 mill fee is sufficient.
  Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. BUMPERS addressed the Chair.
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mr. BUMPERS. Mr. President, in 1982, when this body adopted the 
Nuclear Waste Policy Act, we set, as the distinguished chairman of the 
committee has said, the amount the utilities would pay to build a 
permanent repository at 1 mill per kilowatt hour. In 14 years, we have 
collected $8 billion. The total cost of the program is $34 billion. The 
utilities' share of that cost is $27 billion. So we are looking for the 
1 mill fee to produce $27 billion. The defense program's share is $7 
billion. The interest on the excess that sits in the Treasury is 
expected to make up the balance.
  In 14 years, the Secretary of Energy has had the discretion, which we 
gave the Secretary, to raise this 1 mill fee to whatever it would take 
to pay the utilities' share of the program's cost. In 14 years, he or 
she has never seen fit to raise it. There is no point in tinkering with 
it now because it is working fine.
  If there ever was a case where we are trying to fix a problem that 
does not exist, this is it. Leave the law as it is. We are adding $2 
billion to the $27 billion cost now with the Murkowski bill. That is 
going to up the ante $2 billion. One mill is fine for now. The 
utilities are happy with it. It is producing the amount of money we 
want. There is absolutely no reason for this amendment. I do not think 
we will have to raise it, but we might.
  Mr. President, I yield back such time as I have.
  The PRESIDING OFFICER. If all time is yielded back, the question is 
on agreeing to the amendment. The yeas and nays have been ordered. The 
clerk will call the roll.
  The bill clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Indiana [Mr. Coats] is 
necessarily absent.
  Mr. FORD. I announce that the Senator from West Virginia [Mr. 
Rockefeller] is necessarily absent.
  The result was announced--yeas 66, nays 32, as follows:

                      [Rollcall Vote No. 41 Leg.]

                                YEAS--66

     Abraham
     Allard
     Bennett
     Bond
     Breaux
     Brownback
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Coverdell
     Craig
     D'Amato
     DeWine
     Dodd
     Domenici
     Enzi
     Faircloth
     Frist
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Hatch
     Helms
     Hollings

[[Page S3137]]


     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kempthorne
     Kohl
     Kyl
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Murkowski
     Nickles
     Robb
     Roberts
     Roth
     Santorum
     Sarbanes
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Warner

                                NAYS--32

     Akaka
     Ashcroft
     Baucus
     Biden
     Bingaman
     Boxer
     Bryan
     Bumpers
     Byrd
     Cleland
     Conrad
     Daschle
     Dorgan
     Durbin
     Feingold
     Feinstein
     Ford
     Glenn
     Harkin
     Kennedy
     Kerrey
     Kerry
     Landrieu
     Lautenberg
     Moseley-Braun
     Moynihan
     Murray
     Reed
     Reid
     Torricelli
     Wellstone
     Wyden

                             NOT VOTING--2

     Coats
     Rockefeller
       
  The amendment (No. 43) was agreed to.
  Mr. MURKOWSKI. Mr. President, I move to reconsider the vote.
  Mr. STEVENS. Mr. President, I move to lay it on the table.
  The motion to lay on the table was agreed to.


                            Amendment No. 42

  The PRESIDING OFFICER. There will now be 3 minutes for debate prior 
to the vote on the Domenici amendment No. 42.
  Mr. MURKOWSKI. I ask unanimous consent the yeas and nays be vitiated 
on the substitute amendment. I understand the underlying Domenici 
amendment is acceptable.
  Mr. DOMENICI. Mr. President, my amendment is, in effect, a technical 
amendment which ensures that any joint resolution addressing a change 
to the fee set out in this bill does not automatically escape Budget 
Act scrutiny.
  The underlying bill provides fast-track procedures for enacting the 
joint resolution. The procedures provide that all points of order are 
waived. My amendment provides that Budget Act points of order are not 
waived: It would be a bad precedent to waive Budget Act points of order 
when we don't have the measure before us for review.
  The PRESIDING OFFICER. If there is no future debate, the question is 
on agreeing to the Domenici amendment.
  The amendment (No. 42) was agreed to.
  Mr. DOMENICI. I move to reconsider the vote.
  Mr. CRAIG. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. MURKOWSKI. I now ask for the yeas and nays on the passage of 
Senate bill 104.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second. The yeas and nays were ordered.


                            Amendment No. 26

  The PRESIDING OFFICER. The bill is open to further amendment. If 
there be no further amendment to be proposed, the question is on 
agreeing to the Murkowski amendment in the nature of a substitute, as 
amended.
  The amendment (No. 26), as amended, was agreed to.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. There are 2 minutes for debate evenly divided 
at this time.
  Mr. MURKOWSKI. Mr. President, the question before the body now is 
whether we want to leave the waste where it is, 41 States in 80 sites, 
or do something about the waste. Do we want the waste to move out again 
because of an inability to reach a decision? Where would it move? 
Nobody wants it in any of the 50 States. It would move out to the 
Pacific. God knows where it would move. Today we must make an important 
environmental decision which will lead to a safer future for all 
Americans.
  Currently, Mr. President, as I have noted, we have the waste stored 
in 80 sites in 41 States. This is in addition to waste stored at DOE 
facilities, and it is in our backyards across the land. Do we want that 
waste to stay there, or do we want to move it? That is the question.
  Every year that goes by our ability to continue to store nuclear 
waste at each of these sites in a safe and environmentally responsible 
way diminishes. Our temporary storage facilities were designed for just 
that--temporary storage. We have struggled with this nuclear waste 
issue for more than a decade. We have collected $13 billion from the 
taxpayers, but some are unprepared to meet the Government's promise to 
take the waste by 1998, next year.
  The administration's position would suggest that we are undermining 
the permanent repository program. They have not read the bill. The 
reality is that it is the only way to save the permanent repository 
program.
  Mr. BYRD. Mr. President, may we have order?
  The PRESIDING OFFICER. The Senator is correct. Order in the Chamber.
  Mr. BYRD. Let's get order in the Senate. The rule requires that the 
Chair secure and maintain order in the Senate and in the galleries 
without a point of order being made from the floor.
  I hope the Chair will insist on it, and I hope that Senators will 
respect the Chair.
  Mr. MURKOWSKI. Let me remind you that the U.S. court of appeals has 
ruled that the Department of Energy has an obligation to take 
possession of the nuclear waste in 1998, whether or not a repository is 
ready. Damages for the Department of Energy's failure to perform are 
going to cost the American taxpayer tens of billions of dollars.
  Now, the administration says that S. 104 would effectively establish 
Nevada as a site for an interim storage facility before the viability 
assessment of Yucca Mountain as a permanent repository is completed. 
Well, they have not read the bill, Mr. President. S. 104 does not 
choose a site for interim storage before the viability assessment of 
Yucca Mountain is completed. If the viability assessment is positive, 
the bill provides that the interim storage facility will be constructed 
at the Nevada test site. If the viability assessment is negative, the 
bill provides that the President has 18 months and Congress has 2 years 
to choose another interim storage site.
  This bill, Senate 104, protects the public health, environment, and 
extends the schedule for siting and licensing. It requires 
environmental impact statements. It provides the interim facility will 
be licensed. It shortens the license term of the interim facility to 40 
years; it balance State and Federal laws, preempting only those State 
laws that are inconsistent with the act; it provides that the 
Environmental Protection Agency will set standards for a permanent 
repository, based upon the National Academy of Science recommendation.

  So we have reached a crossroad, Mr. President. The job of fixing this 
program is ours. The time for fixing the program is now. Much progress 
has been made at Yucca Mountain. The 5-mile exploratory tunnel will 
soon be complete. If Yucca is found on unsuitable or is not licensed, 
it will be vital that we have a centralized interim site. I have a 
simple bottom line. We must chart a safe, predictable, and sure course 
to interim and permanent waste storage. There can be no trapdoors, Mr. 
President. I don't want to have to stand here next year or the year 
after doing this again. We have to ask ourselves, do we want to move 
the waste or simply leave it where it is?
  We can choose now whether the Nation needs 80 interim storage sites, 
or just one. The arid, remote Nevada test site, where we have exploded 
scores of nuclear bombs during the cold war, is a safe and remote 
location for a monitored interim site. The time is now. I think S. 104 
is the answer. So ask yourself, do you want to leave the waste where it 
is, in 40 States at 80 sites? Or do you want to move the waste from 
your State to one location, and that is the Nevada test site?
  I reserve the remainder of my time for the Senator from Idaho, 
Senator Craig.
  Mr. REID. Mr. President, how much time do the opponents of the 
legislation have?
  The PRESIDING OFFICER (Mr. Frist). Five minutes.
  Mr. REID. The proponents have how much time?
  The PRESIDING OFFICER. They have 33 seconds.
  Mr. REID. I ask the Chair to advise the Senator when I have used 2 
minutes.
  Members of the Senate, you have seen bad legislation in your day, but

[[Page S3138]]

this is the worst. S. 104, as written, was bad. S. 104 in the 
substitute form is just as bad. People like Senator Bingaman have tried 
to improve this legislation. Senator Bingaman worked very hard. They 
tinkered with the edges. The proponents tried to pacify Senator 
Bingaman and others, and the legislation was not improved upon with 
their tinkering.
  This legislation is bad in its substitute form and in its amended 
form. They have failed to deal with the transportation system at all. 
They haven't dealt with it. In Germany, in recent months, they tried to 
move six casks. They called out 30,000 police to take care of that--
30,000. There were 170 people injured and 500 arrested. It cost $150 
million to move it less than 300 miles. The German parliament is 
reconsidering the program. There is nothing in this legislation to 
allow it to be carried through your State safely. Every environmental 
group in America opposes this legislation.
  The terrorism possibilities with this legislation are replete, as we 
laid out on the floor yesterday. The Washington Post is only one 
newspaper that said ``don't do it.'' Many newspapers throughout the 
country have said ``don't do it.''
  The President is going to veto this because it is bad legislation, as 
agreed upon by his Secretary of Energy, head of the EPA, and by the 
Council of Environmental Quality. We picked a scientific group to give 
us insight and oversight of this legislation. They have told us that 
this legislation is bad. We, the Congress chartered these scientists. 
They are not from Nevada. They are bipartisan scientists, and they said 
the legislation is bad.
  The United Transportation Union doesn't like the legislation. Doctors 
oppose this legislation. Churches, like the Lutheran Church and the 
Baptist ministry oppose this legislation. A group of environmentalists 
who deal with Native Americans in this country oppose this legislation.

  This is bad legislation. If you want to cast a good vote, vote 
against this. It is a bad bill.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. Who yields time? Time will be charged equally 
against both sides.
  Mr. BRYAN. Mr. President, what the Senate is asked to do this morning 
is a total repudiation and rejection of good science. S. 104 is opposed 
by the Nuclear Waste Technical Review Board, a body of eminent 
scientists, created pursuant to an act of Congress. They reviewed it 
last year in 1996 and last year. They say two things. First, it is 
unnecessary. Second, it interferes with the citing process, which is 
currently taking place. We dismantle the environmental laws in America 
if we enact this legislation.
  In 1992, the Energy Efficiency Act directed the National Academy of 
Sciences in conjunction with EPA to develop a standard. They are about 
ready to do that. This legislation rejects that standard and proposes a 
limitation on the ability of the National Academy of Sciences and the 
EPA to develop the standard that would provide minimal protections for 
health and safety.
  The third point that needs to be made is that the Nevada test site is 
frequently referenced. That is the proposed site for the alternative 
storage, the interim storage. No study has ever been made that would 
indicate that the Nevada test site is either desirable or suitable as 
an interim storage facility.
  The fourth point I make is that this legislation, in fact, preempts 
laws in my own State, unlike it does any other State in America. The 
environmental protection laws are essentially delegated to the States 
with their ability to enforce. This legislation would preempt that 
ability. So in Nevada we could not enforce clean air, clean water, safe 
drinking, RCRA, and other provisions.
  The fifth point is that the National Environmental Policy Act is 
gutted by the provisions. It is bad legislation. I urge my colleagues 
to reject it, and I reserve the remainder of my time.
  Mr. CRAIG addressed the Chair.
  The PRESIDING OFFICER. The Senator from Idaho.
  Mr. CRAIG. Mr. President, the sky is not falling. The National 
Academy of Science adopts standards and EPA uses them. That is in the 
bill. Save $25 to $30 billion. Honor our commitment since 1982 to abide 
by the law and the contracts of our Government and the Federal court 
and find a single, safe repository for nuclear waste. This is the 
number one environmental bill this year, if you are concerned about 80 
sites spread across this country. The issue is good policy. S. 104 is 
good law. The Senate ought to support it unanimously.
  The PRESIDING OFFICER. The opponents have 24 seconds.
  Mr. BRYAN. Mr. President, let me take 12 seconds. It is late in the 
game. Any Senator who believes we do not eviscerate and emasculate the 
standards set by the National Academy of Science, look at page 37, my 
friends. That is why no environmental organization in America supports 
it; they all oppose it.
  Ms. LANDRIEU. Mr. President, as we have engaged in this debate on the 
nation's strategy to deal with temporary storage of high-level nuclear 
waste, I have come to several conclusions. Certainly storage is a 
troublesome issue that has remained unresolved for the past 16 years. 
As time has gone by, it has become clearer and clearer that the Nation 
needs a more comprehensive strategy, not a piecemeal strategy, to 
handle all the issues associated with long-term storage of nuclear 
waste. Furthermore, given the vehemently strong opinions expressed by 
citizens, administrators, State and local officials, and others who 
would be affected by a centralized storage plan, I believe we need to 
have the utmost confidence in the way we choose to dispose of spent 
fuel.
  When we began to consider the Nuclear Waste Policy Act of 1997, I was 
optimistic about our ability to work toward the common goal of 
providing guidance on this issue. Supporters of the bill made an 
extremely credible case to me that something needs to be done. The 
Nuclear Waste Act of 1982 set up a trust fund to help pay for the cost 
of a permanent geologic repository. As part of the deal, the Department 
of Energy was directed to contract with utilities to accept spent fuel 
at a permanent repository by 1998, but now it cannot. The Nation's 
nuclear reactors have begun to run out of space for spent fuel in pools 
at reactor sites. Soon, more and more utilities will have to build 
above ground storage casks. I am sympathetic to the frustrations 
expressed by State governments and utilities over this breach. I am 
sure many of my colleagues agree with me.
  Another issue that demands attention is the Nuclear Waste Fund. 
Congress has established 172 trust funds financed by taxpayers for 
specific purposes. Few have maintained their integrity in the spending 
process. The Nuclear Waste Fund is one of the few where the Government 
entered into an actual contract to perform a duty--to take on spent 
nuclear fuel by a time certain. Considering the history of this issue, 
I am opposed to the idea that ratepayers, who have already contributed 
over $12 billion to the Nuclear Waste Fund for the construction of a 
permanent repository, should also have the cost of on-site storage 
passed on to them. Louisianians have paid over $140 million into this 
fund since 1982, with no results. This is unacceptable. The public 
should be getting its money's worth. Otherwise, the money should not be 
spent.
  Conversely, and most importantly, I am hesitant to commit to the 
construction of an interim storage facility if there are uncertainties 
associated with the designated permanent repository site. So much rests 
on a decision to place an interim site near Yucca Mountain. Will we 
transport the waste more than once if Yucca Mountain is unsuitable? How 
wise is it to ignore this possible outcome? This body several years ago 
requested a study from the Nuclear Waste Technical Review Board. Their 
findings were illustrative of the complexity of this effort. It seems 
that a particular element was found in the exploratory tunnel at Yucca 
Mountain. This element is generally present when there is fast flowing 
water in a location. No one expected this finding. Nor did anyone 
expect the Board to determine that utilities could go on safely storing 
nuclear waste at reactor sites for another decade. Both these findings 
show that certainties are hard to come by, even when from all 
indications, a clear outcome is expected. Mr. President, we

[[Page S3139]]

should not create a nuclear waste policy based on incomplete 
information. This issue is just too important.

  For these reasons, I am unable at this time to support S. 104. I 
believe that the rationale for a comprehensive approach to waste 
storage is evident. The working process I have witnessed over the last 
few weeks between the leaders on this issue, if continued, could result 
in a measure that addresses all of the concerns raised by industry, 
State and local administrators including tribes, and the 
administration. I have felt for some time that a compromise on the 
provisions of S. 104 exists. In fact, a compromise was nearly achieved.
  Mr. President, it is said that a rolling stone gathers no moss. I 
submit that we cannot afford to let moss grow. We need to adopt a clear 
policy sooner rather than later on this question. I am disappointed 
that compromise could not be found at this time, but I urge my 
colleagues to continue to work on finding solutions so that we can have 
a sensible nuclear waste policy for this Nation.
  In closing I will say that permanent storage of nuclear waste is 
something that we need to do--we need to do it once and only once. It 
is of paramount importance that it be done correctly and to the 
satisfaction of all.
  Mr. CHAFEE. Mr. President, I would like to make a few remarks about 
S. 104, the Nuclear Waste Policy Act of 1997.
  Last year, I voted against S. 1936, the Nuclear Waste Policy Act of 
1996 for several reasons. I felt that the measure rushed to build the 
interim site before the viability of the permanent site was considered. 
Also, under last year's bill, NEPA, the National Environmental Policy 
Act, would not have applied until quite late in the game, after great 
time and resources had been expended. It only would have applied to the 
licensing of the facility. It wouldn't have applied to construction of 
the facility at all. Finally, the radiation standards provided in S. 
1936 were too lax, and EPA was virtually shut out of the process of 
setting such standards. Last year's bill was a take-it-or-leave-it 
proposal, and I chose to leave it.
  When S. 104 was reported by the Energy Committee earlier this year, I 
had every intention of opposing the Nuclear Waste Policy Act, S. 104, 
again. But this year, the Energy Committee has worked hard to address 
the concerns that were raised about last year's proposal. After 
reviewing the changes made in the Murkowski substitute amendment, I 
have decided to vote in favor of the bill before us. While it is not 
perfect, the substitute is a significant improvement over last year's 
bill and this year's bill as reported by the Energy Committee. Is it a 
perfect bill? Not at all, but it is a far more reasonable solution to a 
terribly difficult situation than we have ever had before.
  Years ago, Congress rejected reprocessing as an alternative to waste 
storage. There aren't a lot of options when it comes to disposing of 
nuclear waste. Either it stays on site, or it goes to a centralized 
storage facility. I support centralized storage of nuclear waste; 
however, I believe that the effects of designating a central site must 
be considered before such a critical decision is reached.
  The Department of Energy is committed to completing a viability study 
of Yucca Mountain as the permanent repository by the end of next year. 
Until that study is completed, I feel strongly that there is no reason 
to go forward with an interim facility at the nearby test site in 
Nevada. Under last year's bill, as well as the bill reported by the 
committee, the viability study was disregarded. Site preparation and 
construction would begin upon enactment of the legislation. Senator 
Bingaman worked closely with Senator Murkowski and the Energy Committee 
to address this issue. The committee substitute amendment specifically 
precludes any work, beyond generic design, from going forward at the 
interim site, before the viability study of Yucca Mountain is 
completed. I also supported Senator Bingaman's amendment, which would 
have ensured that the interim storage facility would not become a de 
facto permanent repository if Yucca Mountain were deemed to be 
unsuitable. Regrettably, that amendment failed. While I was 
disappointed with the failure of this amendment, it was not enough to 
cause me to vote against the bill. Simply put, I believe it is highly 
unlikely that the viability study will be negative.

  The substitute also strengthens the role of NEPA. Site preparation, 
construction, and the use of the interim facility are no longer exempt 
from NEPA. In fact, no construction at the interim site could proceed 
before an environmental impact statement is completed by the Nuclear 
Regulatory Commission. This is an enormous improvement over last year's 
bill, which disregarded NEPA at every step prior to the licensing of 
the facility.
  The process for setting standards to protect the public from 
radiation at the Yucca Mountain site also is a marked improvement over 
previous measures. Rather than setting an arbitrary statutory standard, 
the substitute incorporates recent recommendations made by the National 
Academy of Sciences in setting an overall radiation standard for the 
repository.
  Let me close by saying that the arguments on both sides of this issue 
have been persuasive. I want to recognize the undaunted persistence of 
Senators Bryan and Reid in articulating the potential implications of 
the bill and in arguing relentlessly for the interests of Nevada. I 
also want to commend Senator Murkowski for his hard work and 
determination. Senator Murkowski ably managed this very complex measure 
and was willing to accept suggestions and changes from other Senators 
that vastly improved the bill.
  The bill, as passed, did not resolve all of my concerns, but it did 
resolve most of them.
  Mr. DODD. Mr. President, I would like to say a few words about the 
Nuclear Waste Policy Act of 1997. My State of Connecticut is heavily 
dependent on nuclear power. I have long supported this energy source, 
and long been concerned about how to safely dispose of its waste.
  I support the need for a national, permanent, geological repository 
for nuclear waste, but I cannot support the bill before us today. The 
Nuclear Waste Policy Act mandates construction of an above-ground, 
interim storage facility even before the scientific findings on the 
permanent repository at Yucca Mountain are completed. The Department of 
Energy has said that the viability studies for Yucca Mountain should be 
completed in 1998.
  I remain concerned that construction of an interim facility would 
effectively stifle efforts to establish a permanent, geological 
repository. It is a costly and risky diversion from what should be our 
primary goal in this area: finding a safe, permanent place to store our 
nation's nuclear waste. We have already spent almost $5 billion on the 
permanent facility and it is not even finished. It is estimated that 
the interim facility would cost an additional $2 billion.
  Let me remind you that the interim facility is above ground. If for 
any reason the scientific assessments for Yucca Mountain are negative, 
either the interim facility would become the de facto permanent 
repository without establishing its suitability as such, or the waste 
would have to be moved again. Either alternative is unacceptable.
  One of the main reasons that I cannot support this bill, is my fear 
of what could happen if we must move the nuclear waste multiple times. 
Let us not forget that transporting nuclear waste is inherently risky 
and any accident or act of terrorism could prove disastrous. I do not 
want our communities in Connecticut and around the Nation to be at risk 
because we acted imprudently.
  The supporters of this bill have tried to assure us that transporting 
nuclear waste is safe, and that environmental safeguards would be in 
place. I am convinced that this bill does not adequately protect public 
health and safety and that too many environmental laws are weakened.
  In fact, this bill restricts the Environmental Protection Agency's 
[EPA] ability to set a drinking water standard at the nuclear waste 
repository. Let me remind you that last Congress the Senate passed the 
Safe Drinking Water amendments by a resounding vote of 98-0. Clearly, 
upholding Federal drinking water standards should be a priority in 
Nevada no less than in Connecticut. EPA is further restricted in its 
ability to adequately protect the population from radiation emissions. 
Granted, EPA can continue to set the

[[Page S3140]]

annual acceptable dose limit for radiation exposure, but the bill 
remains vague on any further action that EPA could take to protect the 
public health and safety from dangerous emission levels. Furthermore, 
language in the bill is so vague that it is unclear whether compliance 
with the Clean Water Act or the Clean Air Act would be required.
  It seems to me that threatening public health and safety is the price 
of expediency. State laws that could slow the process of interim 
storage are simply preempted. The National Environmental Policy Act 
[NEPA], passed by Congress in 1969, establishes an environmental impact 
process for major Federal projects, like Yucca Mountain. The goal of 
the environmental impact process is to look at all alternatives to 
ensure that the most environmentally sound alternative is chosen. This 
bill severely restricts the NEPA decision-making process regarding 
transportation and the design of either repository. In effect, the 
public has no role in the decision-making process.
  Now, I would like to clarify a few statements that have been made 
during this debate regarding the State of Connecticut.
  I recognize the importance of safely storing nuclear waste and the 
impact this has on my State. It has been said that the situation in 
Connecticut is urgent. However, it is my understanding that there is 
sufficient capacity. The fuel pool at one of the facilities in my State 
should be able to accommodate waste from the other reactors until the 
end of their licenses and well into the next century. Decisions 
concerning the fourth facility, Connecticut Yankee, await a final 
decommissioning plan.
  Last week, my colleague from Alaska, Mr. Murkowski, mentioned a 
Hartford Courant editorial that, I might say, only marginally supported 
the bill. In fact, I believe the editorial was entitled, ``The Lesser 
of Two Evils''--hardly a rousing endorsement.
  Mr. President, I ask unanimous consent that there be printed in the 
Record another Connecticut editorial. This one is from the New London 
Day, a newspaper located in the southeastern part of Connecticut, just 
down the road from three of our nuclear reactors. The editorial, 
entitled, ``Nagging Nuclear Waste Problem,'' states that ``Many safety 
advocates believe that waste should not be sent to Yucca Mountain 
unless the facility is designated as suitable to hold the material 
long-term.'' The editorial goes on to say that, ``Otherwise, opponents 
say, if the site is ultimately found to be unsuitable, waste will have 
to be shipped out again. It doesn't make any sense to have nuclear 
waste from 109 plants shipped all over the country unless it can be 
shipped once.''
  Mr. President, I concur with the rationale of the New London Day. We 
should wait for scientific verification of Yucca Mountain as a 
permanent storage site, before shipping nuclear waste throughout 
Connecticut and our country.
  There being no objection, the editorial was ordered to be printed in 
the Record, as follows:

                     Nagging Nuclear-Waste Problem

       America's difficulty in finding a solution to permanent 
     storage for nuclear waste isn't confined to these shores. 
     Europe is in an uproar about the same issue. A salt mine in 
     the German town of Gorleben has been chosen as an interim 
     storage disposal facility for German nuclear waste. The 
     decision sparked widespread protests.
       Adding outrage to the protests was the derailment of a 
     train carrying casks holding radioactive material bound for 
     the site. The casks weren't harmed. But the accident 
     illustrated the point of opponents, which is that radiation 
     shouldn't be shipped all over Europe.
       The Senate Energy Committee is set to vote on a similar 
     interim-storage facility for America, designating Yucca 
     Mountain, Nev., for that distinction. The president has 
     threatened to veto such a bill if it reaches his desk.


                          waiting makes sense

       President Bill Clinton is right. Although the country needs 
     a site for nuclear waste, and an interim storage facility is 
     appealing, it probably makes more sense to wait until a 
     permanent facility is approved.
       Many safety advocates believe that waste should not be sent 
     to Yucca Mountain unless the facility is designated as 
     suitable to hold the material long-term. Otherwise, opponents 
     say, if the site is ultimately found to be unsuitable, waste 
     will have to be shipped out again. It doesn't make any sense 
     to have nuclear waste from 109 plants shipped all over the 
     country unless it can be shipped once, stored * * *.
       So far, though, the political process has been maddeningly 
     inadequate to handle this touchy subject. Congress for years 
     has forced the nuclear industry to pay billions to help build 
     a storage facility that was supposed to be up and running by 
     the end of this century. Instead, that facility won't open 
     for at least a decade. In the meantime, all over the country 
     nuclear plants' 40-foot-deep, spent-fuel pools are filling up 
     with spent nuclear waste. The pools were never designed for 
     long-term storage.
       It might make more sense to rebate to the industry some of 
     the many millions it has sent to the government to spend on 
     other things while Congress and the Energy Department delayed 
     building a waste facility. With the money, the nuclear plants 
     can put their spent fuel rods in dry-cask storage, considered 
     an expensive but extremely safe method of storing nuclear 
     fuel.
       The typical ``cask'' for such a task is 18 feet long, 8\1/
     2\ feet in diameter and made of concrete. It weighs 90 tons 
     fully loaded and holds anywhere from nine to 25 fuel rods. 
     This type of storage is considered safer than spent-fuel 
     pools, because the pools have been known to leak 
     occasionally, risking exposure of the fuel.
       The best of all possible worlds would be for our political 
     system to prove adequate to such thorny problems as nuclear 
     waste. So far, such has not been the case. So the safest 
     interim solution must be sought. With 109 plants around the 
     country, shipping waste to a temporary facility seems short-
     sighted. Better to choose the safest temporary solution, and 
     work for a permanent answer.

  The PRESIDING OFFICER. All time has expired. The yeas and nays have 
been ordered.
  The question occurs on final passage of S. 104, as amended.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. FORD. I announce that the Senator from West Virginia [Mr. 
Rockefeller] is necessarily absent.
  I further announce that, if present and voting, the Senator from West 
Virginia [Mr. Rockefeller] would vote ``nay.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 65, nays 34, as follows:

                      [Rollcall Vote No. 42 Leg.]

                                YEAS--65

     Abraham
     Allard
     Ashcroft
     Bennett
     Bond
     Brownback
     Burns
     Chafee
     Cleland
     Cochran
     Collins
     Coverdell
     Craig
     D'Amato
     DeWine
     Domenici
     Enzi
     Faircloth
     Frist
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Jeffords
     Johnson
     Kempthorne
     Kohl
     Kyl
     Leahy
     Levin
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Moseley-Braun
     Murkowski
     Murray
     Nickles
     Robb
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Warner
     Wyden

                                NAYS--34

     Akaka
     Baucus
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Bumpers
     Byrd
     Campbell
     Coats
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Ford
     Glenn
     Inouye
     Kennedy
     Kerrey
     Kerry
     Landrieu
     Lautenberg
     Lieberman
     Mikulski
     Moynihan
     Reed
     Reid
     Sarbanes
     Torricelli
     Wellstone

                             NOT VOTING--1

       
     Rockefeller
       
  The bill (S. 104), as amended, was passed, as follows:

                                 S. 104

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, 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 Environmental Policy Act.
``Sec. 208. Land withdrawal.

                      ``TITLE III--LOCAL RELATIONS

``Sec. 301. Financial assistance.

[[Page S3141]]

``Sec. 302. On-Site Representative.
``Sec. 303. Acceptance of benefits.
``Sec. 304. Restrictions on use of funds.
``Sec. 305. Land conveyances.

                  ``TITLE IV--FUNDING AND ORGANIZATION

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

            ``TITLE V--GENERAL AND MISCELLANEOUS PROVISIONS

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

            ``TITLE VI--NUCLEAR WASTE TECHNICAL REVIEW BOARD

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

                     ``TITLE VII--MANAGEMENT REFORM

``Sec. 701. Management reform initiatives.
``Sec. 702. Reporting.

                      ``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 104 b. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134(b)).
       ``(6) Commission.--The term `Commission' means the Nuclear 
     Regulatory Commission.
       ``(7) Contracts.--The term `contracts' means the contracts, 
     executed prior to the date of enactment of the Nuclear Waste 
     Policy Act of 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 the Nevada Test Site that is designated by the Secretary 
     and withdrawn and reserved in accordance with this Act for 
     the location of the interim storage facility.
       ``(20) Low-level radioactive waste.--The term `low-level 
     radioactive waste' means radioactive material that--
       ``(A) is not spent nuclear fuel, high-level radioactive 
     waste, transuranic waste, or byproduct material as defined in 
     section 11 e.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2014(e)(2)); and
       ``(B) the Commission, consistent with existing law, 
     classifies as low-level radioactive waste.
       ``(21) Metric tons uranium.--The terms `metric tons 
     uranium' and `MTU' means the amount of uranium in the 
     original unirradiated fuel element whether or not the spent 
     nuclear fuel has been reprocessed.
       ``(22) Nuclear waste fund.--The terms `Nuclear Waste Fund' 
     and `waste fund' mean the nuclear waste fund established in 
     the United States Treasury prior to the date of enactment of 
     this Act under section 302(c) of the Nuclear Waste Policy Act 
     of 1982.
       ``(23) Office.--The term `Office' means the Office of 
     Civilian Radioactive Waste Management established within the 
     Department prior to the date of enactment of this Act under 
     the provisions of the Nuclear Waste Policy Act of 1982.
       ``(24) Program approach.--The term `program approach' means 
     the Civilian Radioactive Waste Management Program Plan, dated 
     May 6, 1996, as modified by this Act, and as amended from 
     time to time by the Secretary in accordance with this Act.
       ``(25) Repository.--The term `repository' means a system 
     designed and constructed under title II of this Act for the 
     geologic disposal of spent nuclear fuel and high-level 
     radioactive waste, including both surface and subsurface 
     areas at which spent nuclear fuel and high-level radioactive 
     waste receipt, handling, possession, safeguarding, and 
     storage are conducted.
       ``(26) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(27) Site characterization.--The term `site 
     characterization' means activities, whether in a laboratory 
     or in the field, undertaken to establish the geologic 
     condition and the ranges of the parameters of a candidate 
     site relevant to the location of a repository, including 
     borings, surface excavations, excavations of exploratory 
     facilities, limited subsurface lateral excavations and 
     borings, and in situ testing needed to evaluate the 
     licensability of a candidate site for the location of a 
     repository, but not including preliminary borings and 
     geophysical testing needed to assess whether site 
     characterization should be undertaken.
       ``(28) Spent nuclear fuel.--The term `spent nuclear fuel' 
     means fuel that has been withdrawn from a nuclear reactor 
     following irradiation, the constituent elements of

[[Page S3142]]

     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 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 United States 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
------------------------------------------------------------------------


[[Page S3143]]

       ``(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 the Interior or the head of such other 
     appropriate agency in writing within 60 days of such date of 
     enactment that it elects not to take title to all or any part 
     of the property, except that any lands conveyed to the County 
     of Lincoln under this subsection that are subject to a 
     Federal grazing permit or lease or a similar federally 
     granted permit or lease shall be conveyed between 60 and 120 
     days of the earliest time the Federal agency administering or 
     granting the permit or lease would be able to legally 
     terminate such right under the statutes and regulations 
     existing at the date of enactment of this Act, unless Lincoln 
     County and the affected holder of the permit or lease 
     negotiate an agreement that allows for an earlier conveyance.
       ``(2) Special conveyances.--Notwithstanding any other law, 
     the following public lands depicted on the maps and legal 
     descriptions dated October 11, 1995, shall be conveyed under 
     paragraph (1) to the County of Lincoln, Nevada:
       Map 10: Lincoln County, Parcel M, Industrial Park Site
       Map 11: Lincoln County, Parcel F, Mixed Use Industrial Site
       Map 13: Lincoln County, Parcel J, Mixed Use, Alamo 
     Community Expansion Area
       Map 14: Lincoln County, Parcel E, Mixed Use, Pioche 
     Community Expansion Area
       Map 15: Lincoln County, Parcel B, Landfill Expansion Site.
       ``(3) Construction.--The maps and legal descriptions of 
     special conveyances referred to in paragraph (2) shall have 
     the same force and effect as if they were included in this 
     Act. The Secretary may correct clerical and typographical 
     errors in the maps and legal descriptions and make minor 
     adjustments in the boundaries of the sites.
       ``(4) Evidence of title transfer.--Upon the request of the 
     County of Lincoln, Nevada, the Secretary of the Interior 
     shall provide evidence of title transfer.
       ``(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

[[Page S3144]]

     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 government. A State shall allocate to local 
     governments within the State a portion of 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) until the Secretary has made a 
     determination that personnel in all State, local, and tribal 
     jurisdictions on primary and alternative shipping routes have 
     met acceptable standards of training for emergency responses 
     to accidents involving spent nuclear fuel and high-level 
     nuclear waste, as established by the Secretary, and 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 (i) 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 (ii) the refusal to accept 
     technical assistance by a State or Indian tribe, or (iii) 
     fraudulent actions which violate Federal law governing the 
     expenditure of Federal funds.
       ``(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: 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 departmental 
     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 
     section 5126 of title 49, United States Code.
       ``(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 section 20109 of title 49, 
     United States Code (in the case of employees of railroad 
     carriers) and section 31105 of title 49, United States Code 
     (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 trained, experienced supervisor;
       ``(B) a requirement that onsite managerial personnel 
     receive the same training as workers, and a minimum number of 
     additional hours of specialized training pertinent to their 
     managerial responsibilities; and
       ``(C) a training program applicable to persons responsible 
     for responding to and cleaning up emergency situations 
     occurring during the removal and transportation of spent

[[Page S3145]]

     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, and the 
     Savannah River Site and Barnwell County in the State of South 
     Carolina, or the Oak Ridge Reservation in the State of 
     Tennessee, 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 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 part 72 of title 10, Code of Federal 
     Regulations 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

[[Page S3146]]

     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--
       ``(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) Definition.--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

[[Page S3147]]

     within a line drawn 50 miles beyond each of the boundaries of 
     the Yucca Moutain 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 sections 203, 204, 205(a), 205(c), 205(d), 
     and 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 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 
     section 205 or 206, the Secretary or the Commission, as 
     applicable, shall not be required to consider the need for a 
     repository or an interim storage facility; the time of 
     initial availability of a repository or 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 extent 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

[[Page S3148]]

     tribe or affected unit of local government may not be 
     considered eligible for funding under this section.
       ``(c) Financial and Technical Assistance.--
       ``(1) Assistance requests.--The Secretary is authorized to 
     offer to provide financial and technical assistance to any 
     affected Indian tribe or affected unit of local government 
     requesting such assistance. Such assistance shall be designed 
     to mitigate the impact on the affected Indian tribe or 
     affected unit of local government of the development of the 
     integrated management system.
       ``(2) Report.--Any affected Indian tribe or affected unit 
     of local government may request assistance under this section 
     by preparing and submitting to the Secretary a report on the 
     economic, social, public health and safety, and environmental 
     impacts that are likely to result from activities of the 
     integrated management system.
       ``(d) Other Assistance.--
       ``(1) Taxable amounts.--In addition to financial assistance 
     provided under this subsection, the Secretary is authorized 
     to grant to any affected Indian tribe or affected unit of 
     local government an amount each fiscal year equal to the 
     amount such affected Indian tribe or affected unit of local 
     government, respectively, would receive if authorized to tax 
     integrated management system activities, as such affected 
     Indian tribe or affected unit of local government taxes the 
     non-Federal real property and industrial activities occurring 
     within such affected unit of local government.
       ``(2) Termination.--Such grants shall continue until such 
     time as all such activities, development, and operations are 
     terminated at such site.
       ``(3) Assistance to indian tribes and units of local 
     government.--
       ``(A) Period.--Any affected Indian tribe or affected unit 
     of local government may not receive any grant under paragraph 
     (1) after the expiration of the 1-year period following the 
     date on which the Secretary notifies the affected Indian 
     tribe or affected unit of local government of the termination 
     of the operation of the integrated management system.
       ``(B) Activities.--Any affected Indian tribe or affected 
     unit of local government may not receive any further 
     assistance under this section if the integrated management 
     system activities at such site are terminated by the 
     Secretary or if such activities are permanently enjoined by 
     any court.

     ``SEC. 302. ON-SITE REPRESENTATIVE.

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

     ``SEC. 303. ACCEPTANCE OF BENEFITS.

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

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

       ``None of the funding provided under this title may be 
     used--
       ``(1) directly or indirectly to influence legislative 
     action on any matter pending before Congress or a State 
     legislature or for any lobbying activity as provided in 
     section 1913 of title 18, United States Code;
       ``(2) for litigation purposes; and
       ``(3) to support multistate efforts or other coalition-
     building activities inconsistent with the purposes of this 
     Act.

     ``SEC. 305. LAND CONVEYANCES.

       ``(a) Conveyances of Public Lands.--One hundred and twenty 
     days after 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 the 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.
       ``(c) 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.
       ``(d) 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 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, 1998 and ending on 
     September 30, 2001; 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 comment) after the date of enactment 
     of the Nuclear Waste Policy Act 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 projections 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 balances in, and 
     expenditures from, the Nuclear Waste Fund.

[[Page S3149]]

       ``(C) If the Secretary determines under subparagraph (B) 
     that either insufficient or excess revenues 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, 2001. 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.
       ``(5) 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 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.
       ``(6) 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 ________'. (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, shall apply to a joint 
     resolution described under subparagraph (A).
       ``(7) Points of order.--Notwithstanding any other provision 
     of this Act, no points of order, which require 60 votes in 
     order to adopt a motion to waive such point of order, shall 
     be considered to be waived during the consideration of a 
     joint resolution under section 401 of this Act.
       ``(8) Level of annual fee.--Notwithstanding any other 
     provision of this Act, except as provided in paragraph 
     (3)(C), the level of annual fee for each civilian nuclear 
     power reactor shall not exceed 1.0 mill per kilowatt-hour of 
     electricity generated and sold.
       ``(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
       ``(iii) 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

[[Page S3150]]

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

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

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

       ``(I) such issue results from any revision of siting or 
     design criteria by the Commission following such decision; 
     and
       ``(II) the Commission determines that such issue 
     substantially affects the design, construction, or operation 
     of the facility or activity for which such license 
     application, authorization, or amendment is being considered.

       ``(3) Application.--The provisions of paragraph (2)(B) 
     shall apply only with respect to licenses, authorizations, or 
     amendments to licenses or authorizations, applied for under 
     the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) before 
     December 31, 2005.
       ``(4) Construction.--The provisions of this section shall 
     not apply to the first application for a license or license 
     amendment received by the Commission to expand onsite

[[Page S3151]]

     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 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 subsection (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.

[[Page S3152]]

            ``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 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 
     subsistence, in the same manner as is permitted under 
     sections 5702 and 5703 of title 5, United States Code.

     ``SEC. 606. STAFF.

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

     ``SEC. 607. SUPPORT SERVICES.

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

     ``SEC. 608. REPORT.

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

     ``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

       ``Nothwithstanding 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.
       ``(c) 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.
       ``(d) Site Characterization.--The Secretary shall employ, 
     on an on-going basis, integrated performance modeling to 
     identify appropriate parameters for the remaining

[[Page S3153]]

     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.''.

     SEC. 2. SENSE OF THE SENATE REGARDING ASSISTANCE FOR ELDERLY 
                   AND DISABLED LEGAL IMMIGRANTS.

       It is the sense of the Senate that elderly and disabled 
     legal immigrants who are unable to work should receive 
     assistance essential to their well-being, and that the 
     President, Congress, the States, and faith-based and other 
     organizations should continue to work together toward that 
     end.

  Mr. MURKOWSKI. Mr. President, I move to reconsider the vote.
  Mr. DASCHLE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. MURKOWSKI addressed the Chair.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. MURKOWSKI. Mr. President, I take this opportunity to thank those 
who have worked so hard on this piece of legislation, Karen and Gary 
and several others, as well as my colleagues on the other side, 
professional staff, and the two Senators from Nevada. It has been a 
good debate, and I think we send a message to the administration 
relative to the reality of whether we are going to leave the waste on 
80 sites in 41 States or do something about it. So we will look forward 
to the House action.
  Again, I thank all my colleagues who participated.
  Mr. REID addressed the Chair.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. I extend my appreciation to the manager of the bill, the 
Senator from Alaska, who has been a gentleman during these 
deliberations these past 9 days. It is a hotly contested issue. We hope 
there is the ability to use reason in this issue, to go ahead and site 
the permanent repository wherever it should be and use good science to 
judge. But I do extend my appreciation to Senator Murkowski and his 
staff for the courtesies they have extended to the Senators from Nevada 
and look forward to working with him in the future on matters of 
importance.
  Mr. CRAIG addressed the Chair.
  The PRESIDING OFFICER. The Senator from Idaho.
  Mr. CRAIG. Mr. President, I extend my thanks to the chairman of the 
Energy and Natural Resources Committee for the tremendous work he has 
done, very successful work on S. 104. We have picked up votes. Today we 
had the votes in the Senate to override a Presidential veto, and we saw 
that action going on right here in the well.
  I appreciate the work my colleagues from Nevada have done. They have 
certainly maintained my respect for them and I hope likewise. But 
clearly this Nation needs a permanent repository, and S. 104 moves us 
in that direction. We will now move to the House. I think the value is 
that the administration now needs to clearly recognize that the 
Congress of the United States in a strong bipartisan way wants to 
resolve this issue and tell the American people it will honor its 
commitments and its contracts to resolve this major environmental 
issue.
  Mr. BRYAN addressed the Chair.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. BRYAN. I thank the Chair.
  Mr. President, I say to the chairman, the floor manager, we have had 
a spirited and prolonged debate. That is in the best tradition of the 
Senate. I thank him for his personal courtesies in terms of procedure 
in the Chamber so that we were given an opportunity to fully express 
and develop our views.
  Let me say to my colleagues who voted against this bill, I know that 
for a number of them it was particularly difficult. That vote was in 
the interest of good science. I appreciate their courage. I appreciate 
their support. Senator Rockefeller could not be here this morning 
because he has another matter. We appreciate his support, and he 
reaffirmed his support to us in a message earlier today. Several of my 
colleagues indicated they would be with us to support us on the veto 
override if it reaches that point. So I think what we have done is to 
allow science and logic to proceed in the development of what is a 
responsible nuclear waste policy rather than to respond to the emotions 
of the occasion. I appreciate very much my colleagues who stayed with 
us on this important issue and the floor leader and the chairman for 
his courtesies in permitting us to proceed in an orderly fashion.
  I yield the floor.
  Mr. LOTT addressed the Chair.
  The PRESIDING OFFICER. The majority leader.
  Mr. LOTT. I do not want to prolong this any further, but I must also 
join in congratulating the chairman of the Energy and Natural Resources 
Committee, the Senator from Alaska. He has done a great job. He spent a 
lot of time on this bill, both this year and last year. He has been 
patient. He has done a magnificent job.
  I also commend the Senator from Idaho [Mr. Craig] for his work, and 
also again express my appreciation to the Senators from Nevada. I know 
it is a very difficult issue for them. They have been vigorous in their 
position on behalf of the people in their State to oppose this 
legislation but have also been gentlemen about it, and I extend my 
appreciation to them.
  Mr. DASCHLE addressed the Chair.
  The PRESIDING OFFICER. The Democratic leader.
  Mr. DASCHLE. Mr. President, I also rise to commend my colleagues on 
both sides of the aisle who have participated in the debate that has 
just now been completed. This is really the way it ought to be. This 
was a very difficult, emotional, contentious issue, an issue that 
involved Republicans and Democrats on both sides of the aisle on either 
side of the issue. It is appropriate that at times like this we commend 
both sides, both leaders for their civility and for the way in which 
this issue was presented to this body. It was a good debate, a debate 
in my view that brought out the very complex nature of this 
legislation.
  So on behalf of all of my colleagues on this side of the aisle, I 
commend Senator Murkowski and the senior Senator from Idaho [Mr. 
Craig], and especially our colleagues from Nevada, Mr. Reid and Mr. 
Bryan. They all represented themselves well. They did the debate proud. 
I think it portends well for future debates on just as complex and 
controversial issues. I commend our Senators and appreciate very much 
the manner with which they conducted themselves in the last week.
  I yield the floor.
  
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