[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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